(a) “Abandonment” and “abandoned” shall mean that the use with respect to a Premises, regardless of the intent of the user, has ceased or has discontinued for a period of more than sixty (60) consecutive days, or an explicit declaration by the user of a Premises that it has ceased a use with respect to the Premises that is non-conforming with the Ordinance.
(b) “Adult” shall mean an individual person who is aged twenty-one (21) years or older.
(c) “Adults Only Establishment” shall mean an Adults Only Bookstore, an Adults Only Entertainment Establishment, an Adults Only Motion Picture Theatre or similar Adults Only establishment.
(d) “Adults Only Bookstore” shall mean a commercial establishment that has as a substantial or significant portion of its stock in trade or derives a substantial or significant portion of its revenues or devotes a substantial or significant portion of its interior business or advertising to any one or more of books, magazines, periodicals or other printed matter, or photographs, films for sale or viewing on the Premises by use of motion picture or video devices or other coin- operated means, and other materials that are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise); bestiality; or sadomasochistic activity; or instruments, devices or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for bestiality or sadomasochistic use by patrons on or off the Premises.
(e) “Adults Only Entertainment Establishment” shall mean either an Exotic Entertainment Establishment or a commercial establishment in which individual persons who depict explicit sexual conduct or activity are explicitly or implicitly encouraged or tolerated.
(f) “Adults Only Motion Picture Theatre” shall mean part or all of a Premises used regularly and routinely for presenting Adults Only material, including moving pictures, videos or films, distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation or viewing by patrons on the Premises.
(g) “Applicant” shall mean a person who has any legal or beneficial interest in a Premises who submits an Application to the Recorder in an attempt to obtain or re-obtain a Certificate of Compliance with respect to the Premises.
(h) “Application” shall mean the form or forms provided by the Recorder’s Office and completed by an Applicant, together with all required documents and items that the Ordinance requires, by which the Applicant seeks to obtain a Certificate of Compliance.
(i) “Board of Appeals” shall mean the public body of persons established by the Town Council under chapter eight, article twenty-four, section fifty-one of the Code of West Virginia of 1931, as amended.
(j) “Certificate of Compliance” shall mean a written document and renewals or amendments thereto based on an Application issued to an Applicant (or retained by his or its successor or assign), with respect to a Premises by the Recorder that evidence that such person and the Premises comply or conform with the provisions of the Ordinance.
(k) “Comprehensive Plan” shall mean the document entitled “A Comprehensive Development Plan for the Town of Marmet, Kanawha County, West Virginia”, dated October 2000, as amended, together with all maps, exhibits, schedules and addenda attached thereto or incorporated by reference thereto.
(l) “Town” shall mean the Town of Marmet, State of West Virginia.
(m) “Effective Date” shall mean the date on which the Ordinance is enacted by the Town Council of Marmet or a subsequent date that is fixed in the Ordinance as the effective date thereof.
(n) “Existing Use” shall mean the use or uses to which any part or all of a Premises, or part or all of any Improvement thereon, before the Effective Date are lawfully pursued as a matter of right under local, State and Federal law.
(o) “Exotic Entertainment” means live entertainment, dancing or other services conducted by persons while nude or seminude in a commercial setting.
(p) “Exotic Entertainment Establishment” means part or all of a Premises on which Exotic Entertainment occurs.
(q) “Improvement” shall mean any structure or building whether or not existing on the Effective Date located on a Premises or, if there is a vested right to erect such structure or building, to be located within or upon a Premises.
(r) “Person” shall mean any individual, or any corporation, limited liability company, general partnership, limited partnership, joint venture, limited liability partnership, trust, estate or any other legal entity that is duly organized or existing and authorized to transact business in the State of West Virginia.
(s) “Town Council” shall mean the public body of persons established by the Town of Marmet under chapter eight, section six of the Code of West Virginia of 1931, as amended.
(t) “Recorder” shall mean the individual whom the Town of Marmet has charged with the enforcement of any ordinances of the Town enacted pursuant to Chapter eight, article twenty- four of the Code of West Virginia of 1931, as amended.
(u) “Premises” shall mean a tract or tracts of land, whether containing existing or proposed improvements, within the Town Limits that are identified as a parcel or parcels on a tax district map or maps on file with the office of the Assessor of the County.
(v) “Residence” shall mean a detached or un-detached dwelling for one or more persons and in which there is not a predominating commercial or non-housing use, and shall not mean a motel, hotel, inn or other lodging facility for transient persons.
(w) “Responsible Person” shall mean the individual person whom an Applicant has designated to attest to the truthfulness and accuracy of the contents of an Application.
(x) “Sadomasochistic Activity” shall mean flagellation or torture by or upon a nude person; a person clad in undergarments, or a mask or costume or a condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator or the recipient.
(y) “Seminude” shall mean the appearance of at least:
(1) The female breast below a horizontal line across the top of the areola at its highest point, including the entire lower portion of the human female breast, but does not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed, in whole or in part; or
(2) A human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; ro
(3) A human male genital in a discernibly turgid state even if completely and opaquely covered.
(z) “Town Limits” shall mean those portions of land or area within the boundaries of the Town that are not situated within the limits of municipal corporations in part or whole within the County. (Ord. 92-14. Passed 8-18-03.)