Adult entertainment activities, as herein defined, shall be subject to the restrictions, requirements and conditions contained herein. The restrictions, requirements and conditions set forth in this article are in addition to any and all other zoning requirements contained in this chapter.
(A) Definitions. For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. An establishment with customer-operated motion picture devises, peep shows and/or similar devices.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade for sale, rent or display, pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities, as hereinafter described, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI-MOTION PICTURE THEATER. An establishment with a capacity for less than 50 persons having as a substantial or significant portion of its use the presentation of materials having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons thereinafter.
ADULT MOTION PICTURE THEATER. An establishment for 50 or more persons having as a substantial or significant portion of its use the presentation of material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter relating to sexual activities, as hereinafter described for observation by persons therein.
ADULT STAGE SHOW THEATER. An establishment used for presenting live performances of human and/or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting or relating to sexual activities, as hereinafter described, for observation by persons therein.
BATH HOUSE. An establishment for providing bathing, sauna, steam room and/or lavatory facilities for male and/or female persons which promotes its services by using and/or advertising the use of homosexual attendants.
CABARET. An establishment which features as entertainers and/or waiters and/or bartenders, male or female impersonators and/or persons either male or female, who expose to public view of the patrons of said establishment at any time the bare female breast below a point immediately above the areola, human genitals, pubic region and/or buttocks and/or human or simulated male genitals in a discernable turgid state, even if completely and opaquely covered.
CHURCHES. A building for religious and public worship.
MASSAGE PARLOR. An establishment that provides services for treating the human body by nibbing, stroking and kneading, tapping or similar treatment with the human hand. (This would exclude chiropractic treatment and physical therapy by a licensed chiropractor or licensed physical therapist, respectively.)
PARK. A tract of land for public use that has been designated on the city’s zoning use maps as a public area.
RESIDENTIAL NEIGHBORHOODS. Any residential use within the city or the buffer zone of the city with a zoning classification of R1, R2 or R3 or a mobile home park.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
1. Human genitals or pubic regions;
2. Buttock; and
3. Female breast 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) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
TAXI DANCE HALL. An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
(B) Distance restrictions, requirements and conditions.
(1) Schools, parks, churches, residential, agriculture and public areas. The public entrance to an establishment engaging in adult entertainment activities shall not be located within 2,000 feet of any building containing a school, church, public park, public mall or park-like area of public open space or residential use. Such distance shall be measured along a straight line from the nearest property line of the real estate on which said building or public park-like areas is located to the entrance of such establishment engaging in an adult entertainment activity.
(2) Other adult entertainment uses, hotels, motels and transportation depots. The public entrance to an establishment engaging in adult entertainment activities shall not be located within 1,000 feet of the entrance of a similar adult activity establishment, nor within 2,000 feet of the nearest property line of the real estate on which any hotel, motel, convention facility or transportation depot is located.
(3) Restrictions. Restrictions and establishments engaging in adult entertainment activities, except as otherwise provided by laws which may be more restrictive, may not have any signs with wording or pictorial or representational mater which is distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities, as herein defined.
(C) Public display; prohibited activities and anatomical areas.
(1) Materials offered for sale from adult news racks shall not be displayed or exhibited in a manner, which exposes to public view any pictures or illustrations of human genitals or specified sexual activities.
(2) Adult bookstores and adult motion picture theaters shall not display or exhibit any material depicting human genitals or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said bookstore or motion picture theaters are located.
(Ord. 2001-1478, passed 11-19-2001)