(A) Regulations. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations for the “GM” District. For additional supplemental use, height, and area regulations refer to § 154.38.
(B) Principal permitted uses.
(1) Manufacturing.
(2) Animal hospital/veterinary clinic.
(3) Wholesale businesses.
(4) Warehousing.
(5) Track terminals.
(6) Laboratories.
(7) Building material/lumber goods.
(8) Bars, night clubs, bookstores and the like that have or include any activity, reading or visual material that can be considered adult material or entertainment, in nature, and providing further they adhere to specific regulations as stated elsewhere in this section.
(9) More than one principal structure is permitted in this district.
(C) Accessory buildings and uses. Accessory uses customarily incidental to a permitted use.
(D) Lot, area and height regulations.
(1) Lot. There is no minimum lot size or width requirement.
(2) Area. The following are minimum setback requirements and are supplemented by additional regulations that require separation of permitted uses in this district from other certain specified uses.
(a) Front yard. There shall be a front yard of no less than 30 feet from the street right-of-way line and applying to both streets for lots with double frontage and corner lots. This minimum requirement applies to buildings only.
(b) Side yard. There shall be a side yard of no less than 30 feet and applying to both buildings and parking.
(c) Rear yard. The rear yard requirement is the same as the side yard requirement.
(E) Separation requirements. Because of the nature of the permitted uses in this district, it is determined that such uses shall be located only upon compliance with the following separation requirements, which apply to property lines of the uses and not buildings.
(1) Animal hospital/veterinary clinic and wholesale businesses shall be separated from any residence district by no less than 100 feet.
(2) Warehousing, truck terminals, building material/lumber yards and laboratories shall be separated from any residence district by no less than 200 feet.
(3) Manufacturing, when involving nonflammable or nonvolatile materials, shall be separated from any residence district by no less than 200 feet. If involving flammable or volatile materials, it shall be separated by no less than 500 feet or as determined by the Fire Department.
(F) Regulations for adult entertainment facilities.
(1) Definitions.
ADULT BOOKSTORE. An establishment, from which minors are excluded, having as a substantial or significant portion of material on display and/or for sale (25% or more in value in merchandise, books, magazines, or other periodicals) are distinguished or characterized by emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers performing adult entertainment.
ADULT DRIVE-IN THEATER. An outdoor theater for presenting material distinguished or characterized by an emphasis on mater depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT ENTERTAINMENT. Performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specified anatomical areas.
ADULT ENTERTAINMENT FACILITIES. Adult bookstores, adult drive in theaters, adult cabarets, adult mini-motion picture theaters, adult motion picture theaters, or any other similar service, or entertainment facilities which emphasize nudity and/or sexual activities as an entertainment medium.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; human male genitals in discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
(2) Requirements. All lot, area and height regulations as provided in division (D) of this section are required for these uses. The following requirements shall apply to all adult entertainment facilities.
(a) No adult entertainment facility shall be established within 1,000 feet of any area zoned for residential use.
(b) No adult entertainment facility shall be established within 1,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, if attended by persons under 18 years old.
(c) No adult entertainment facility shall be established within a radius of 1,000 feet from any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
(d) All building openings, entries, windows, and the like for adult entertainment facilities shall be located or covered in such a manner as to prevent a view into the interior from any public area, sidewalk or street.
(e) No screens, loudspeakers, or sound equipment shall be used for any adult drive-in theater or adult motion picture theater that can be seen or discerned by the public from any public area, street or sidewalk.
(G) Applicable requirements. Refer to § 154.39 Landscaping; Buffering; Screening, for applicable requirements.
(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19