(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Include bookstores, adult motion pictures 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.
(a) SPECIFIED ANATOMICAL AREAS.
1. 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.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(b) SPECIFIC SEXUAL ACTIVITIES.
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;
5. 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 such persons;
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
7. Human erection, urination, menstruation, vaginal or anal irrigation.
ADULT USES - ACCESSORY. 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 movie rentals or adult use magazine sales.
ADULT USES - PRINCIPAL. 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.
ADULT USE - 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 such body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE - 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 extending 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 USE - 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 USE - 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 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 USE - 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 USE - 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 USE - HOTEL OR MOTEL. Adult 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 USE - 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 USE - 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 USE - 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 specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT USE - 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 5 or fewer persons per machine at any on 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 USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more 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 USE - 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 USE - SAUNA. A sauna which excludes minors by reason of age, or which provides a stream 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 USE - 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.
(B) Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of the uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(C) General provisions. Adult uses as defined in this chapter shall be subject to the following general provisions:
(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this ordinance be constructed 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.
(3) An adult use which does not qualify as an accessory use, as defined herein, shall be classified as an adult use-principal.
(D) Adult use, principal.
(1) Adult use-principal shall be a conditional use in the I-1 General Industrial District, subject to the location criteria outlined herein.
(2) Adult use-principal shall be located at least 300 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 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;
(g) Any church or church related organization;
(h) Any existing residence.
(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 signing regulations in addition to the sign regulations of § 151.203.
(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 p.m. to 12:30 a.m. for its hours of operation. 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 the following apply:
(a) Not adversely impact or affect uses or activities within 350 feet;
(b) Will not result in increased policing and related service calls;
(c) Is critical to the operation of the business.
(E) 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;
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
(a) Movie rental. 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 persons 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 signing of adult materials and products.
(F) Nonconforming adult use-principal or accessory. An adult use already operating within a community in an area where it will not be allowed pursuant to city ordinance may not be grand fathered or considered a legal nonconforming use. The city will issue a notice for the adult use to relocate its operation to an area where the adult use is allowed. The adult use operator has one year from the date of the notice to relocate its operation to an area where the adult use is allowed.
(G) Enforcement.
(1) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.
(2) Any violation of this section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the adult use is located. In the event the City Council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for the proposed suspension or revocation. The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within 30 days of the date of the notice.
(3) The City Council shall determine whether to revoke or suspend a certificate of occupancy within 30 days after the close of the hearing or within 60 days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.
(Ord. 333, passed 12-27-2004)