For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT and ABANDONED. 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 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 this chapter.
ADULT. An individual person who is aged 21 years or older.
ADULTS-ONLY BOOKSTORE. 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.
ADULTS-ONLY ENTERTAINMENT ESTABLISHMENT. Either an exotic entertainment establishment or a commercial establishment in which individual persons who depict sexual conduct or activity are explicitly or implicitly encouraged or tolerated.
ADULTS-ONLY ESTABLISHMENT. An adults-only bookstore, and adults-only entertainment establishment, an adults-only motion picture theatre or similar adults-only establishment.
ADULTS-ONLY MOTION PICTURE THEATRE. 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.
APPLICANT. A person who has any legal or beneficial interest in a premises who submits an application to the Building Department in an attempt to obtain or re-obtain a certificate of compliance with respect to the premises.
APPLICATION. The form or forms provided by the Building Department and completed by an applicant, together with all required documents and items that this chapter requires, by which the applicant seeks to obtain a certificate of compliance.
BOARD OF APPEALS. The public body of persons established by the city under W. Va. Code Art. 8A-8, as amended.
CERTIFICATE OF COMPLIANCE. A written document and renewals or amendments thereto based on an application issued to an applicant (or retained by his or her or its successor or assign) with respect to a premises by the Code Official that evidence that such person and the premises comply or conform with the provisions of this chapter.
CITY. The City of Nitro, County(ies) Kanawha / Putnam, State of West Virginia.
CODE OFFICIAL. The individual whom the city has charged with the enforcement of any ordinances of the city enacted pursuant to W. Va. Code 8A-1-1 et seq., as amended.
COMPREHENSIVE PLAN. The document entitled “A Comprehensive Development Plan for the City of Nitro, West Virginia,” dated 20 , as amended, together with all maps, exhibits, schedules and addenda attached thereto or incorporated by reference thereto.
EFFECTIVE DATE. The date on which this chapter is enacted by the City Council, or a subsequent date that is fixed in this chapter as the effective date thereof.
EXISTING USE. 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.
EXOTIC ENTERTAINMENT. Live entertainment, dancing or other services conducted by persons while nude or seminude in a commercial setting.
EXOTIC ENTERTAINMENT ESTABLISHMENT. Part or all of a premises on which exotic entertainment occurs.
IMPROVEMENT. Any structure or building, whether or not existing on the effective date, located on a premises or, if there is vested right to erect such structure or building, to be located within or upon a premises.
PERSON. 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 transaction business in the State of West Virginia.
PLANNING COMMISSION. The public body of persons established by the city under W. Va. Code 8-24-6, as amended.
PREMISES. A tract or tracts of land, whether containing existing or proposed improvements, within the territorial 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 Kanawha or Putnam County.
RESIDENCE. 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.
RESPONSIBLE PERSON. The individual person whom an applicant has designated to attest to the truthfulness and accuracy of the contents of an application.
SADOMASOCHISTIC ACTIVITY. Flagellation or torture by or upon a nude person; a person clad in undergarments, or a mask or costume or condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator or the recipient.
SEMINUDE. 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;
(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; or
(3) A human male genital in a discernibly turgid state even if completely and opaquely covered.
TERRITORIAL LIMITS. Those portions of land or area within the boundaries of the city that are situated within the limits of the municipal corporation in part or in whole within the city.
(Ord. 07-04, passed 9-18-2007)