(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY ADULT USES. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from adult use.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of SPECIFIED ANATOMICAL AREAS.
ADULT BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if the building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee, representative or agent of the establishment and a customer, if the service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for
observation by patrons therein.
ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in SPECIFIED SEXUAL ACTIVITIES or display SPECIFIED ANATOMICAL AREAS while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material in the building or portion of a building as a prevailing practice and excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT USES. Adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS which are capable of being seen by members of the public.
PRINCIPAL ADULT USES. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexual-oriented acts or conduct artilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation.
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast.
(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any persons.
(f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being.
(g) Human erection, urination, menstruation, vaginal or anal irrigation.
(B) General provisions. Adult uses as defined in this section shall be subject to the following general provisions:
(1) In no instance shall the application or interpretation of this section be construed to allow an activity otherwise prohibited by law;
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes; and
(3) An adult use which does not qualify as an adult use accessory, shall be classified as an adult use principal.
(C) Adult use principal.
(1) Adult use principal shall be permitted a conditional use in the Light Industrial (I-1) Zoning District, subject to the location criteria outlined in division (B) of this section.
(2) Adult use principal shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use principal is located to the property line of:
(a) A zoning district in which residential uses other than lodging services are specifically listed as a permitted or conditional use;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use principal; and
(g) Any church or church related organization.
(3) No adult use principal shall be located in the same building or upon the same property as another adult use principal.
(4) Adult use principal shall adhere to the following sign regulations in addition to the sign regulations of § 153.110.
(a) Sign messages shall be generic in nature and shall only identify the name of the business.
(b) Signs shall comply with the requirements of size and number for the district in which they are located.
(5) Adult use principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all of the following apply:
(a) Will not adversely impact or affect uses or activities within 350 feet of the building or property in or upon which the adult use occurs;
(b) Will not result in increased policing and related service calls; and
(c) Is critical to the operation of the business.
(D) Adult use accessory. Adult uses, accessory, shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this section.
(1) Adult use accessory shall:
(a) Comprise no more than 10% of the floor area of the establishment in which it is located;
(b) Comprise no more than 20% of the gross receipts of the entire business operation; and
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use accessory shall restrict and prohibit access to minors by the physical separation of items from areas of general public access.
(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the person responsible for the operation.
(b) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other use. Adult uses accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(3) Adult use accessory shall be prohibited from both internal and external advertising and signs of adult materials and products.
(E) Nonconforming adult use principal or accessory. If an adult use becomes nonconforming because of rezoning or the amendment of this chapter, the adult use shall be considered legal nonconforming and may continue in accordance with the provisions of this chapter. In no instance shall a legal nonconforming adult use be allowed to structurally expand the use on the lot on which it is located when the use becomes legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming. If the building in which a legal nonconforming adult use is located is destroyed by any means to an extent of greater than 50% of its market value, or if the building in which the legally nonconforming adult use is vacant for more than 12 months, an adult use shall not be re-established unless it is in conformance with this chapter.
(Ord. 583, passed 8-26-2019)