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The following shrubs are recommended for high hedges or screens. Each species grows to a height of more than six feet; therefore, these shrubs are appropriate for opaque screens.
(A) Hedge Bamboo (Bambusa multiplex). Height: ten to 12 feet; Spread: four to six feet. Hedge Bamboo grows rapidly yet is more easily confined to a limited area than most types of bamboo. It is adaptable to a variety of situations, but requires plenty of water. For best effect as a screen, Hedge Bamboo should be stagger planted.
(B) Thorny Elaengus (Elaengus pungens). Height: eight to 10 feet; Spread: six to ten feet. This shrub tolerates many adverse conditions. It will grow rapidly in relatively infertile, dry soils. Its dense thorny branches form an excellent natural hedge. It is one of the most common evergreen shrubs in the south.
(Ord. passed 12-20-2001)
The following is a sampling of shrubbery that would be appropriate in a broken screen. Because many of these plants are deciduous, they are not suitable for opaque and semi-opaque screens. (Note: Many of the evergreen shrubs described in planting lists §§ 152.523 are also suitable for broken screens.)
(A) Japanese Barberry (Berberis thunbergii). Height: three to five feet; Spread: three to five feet. This extremely common deciduous shrub is considered to be one of the toughest members of the Barberry family. It survives drought, poor soils, exposure, and the worst town conditions. With its many thorns, the Japanese Barberry is often used as an impenetrable barrier, but it is attractive enough to stand alone as a specimen plant. It requires no special maintenance and, when planted singly, need no pruning.
(B) Fringetree (Chioanthus virginicus). Height: ten to 30 feet; Spread: eight to ten feet. The Fringetree is known for its profusion of beautiful flowers. It is considered to be one of the most striking native American shrubs. It is relatively difficult to transplant, but once established it does well in cities as it endures heavy smoke and dust. The mature Fringetree’s only drawback is that its leaves appear rather late in spring.
(Ord. passed 12-20-2001)
(A) Developers shall plant trees and shrubs that are healthy and of sufficient dimensions at the time of planting to insure the best possible chance of survival, and to most quickly achieve the desired full growth dimensions. Seedlings and cuttings are not acceptable.
(B) Developers are encouraged to talk to the Land Use Administrator regarding the size of trees and shrubs they intend to utilize in meeting this subchapter.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) All easements and rights-of-way shall be landscaped in accordance with ARC specifications.
(B) Indigenous plants should be utilized.
(C) All landscaping shall be completed according to the final landscape plan that has been previously approved.
(D) All homes must be landscaped prior to obtaining a certificate of occupancy.
(E) During construction, all applicants and participating builders shall make a diligent effort to protect all remaining trees.
(F) The following list represents mandatory landscaping requirements that must be completed prior to submission of the certificate of compliance:
(1) A landscape plan to be submitted with the site plan in order to obtain a building permit;
(2) Trees of four inches or larger in caliper are to remain on site between property lines and setbacks except in cases of hardships;
(3) All disturbed areas shall be seeded and mulched;
(4) The right-of-way to be seeded and mulched;
(5) Trees of at least six feet in height or one inch in caliper are to be plated at a rate of one per 5,000 square feet. Existing trees will fulfill this requirement. Types of trees are to be specified on the drawings; and
(6) Foundation shrubs are to be planted at a maximum of five feet on center around entire parameter excluding garage and deck. Shrubs are to be at least five gallon in size, and in good condition. Types of shrubs are to be specified on the drawings.
(Ord. passed 12-20-2001)
SEXUALLY-ORIENTED BUSINESSES
(A) It is the purpose of this subchapter to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare to the citizens of the town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually-oriented businesses within the town.
(B) The provisions of this subchapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials.
(C) Similarly, it is neither the intent nor the effect of this subchapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market.
(D) It is neither the intent nor effect of this subchapter to condone or legitimize the distribution of obscene material.
(Ord. passed 12-20-2001)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, 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 depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproduction devices, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities, or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for any form of consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas, or specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical area.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less that ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or which features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE. A person who performs any service on the premises of a sexually-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually-oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
(3) The additions of any sexually-oriented business to any other existing sexually-oriented business; or
(4) The relocation of any sexually-oriented business.
LICENSEE. A person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license, and in the case of an employee, a person in whose name a license has been issued authorizing employment in sexually-oriented business.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or whose specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) With no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
NUDITY (OR A STATE OF NUDITY). The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
PERSON. An/the individual, proprietorship, partnership, corporation, association, or other legal entity.
SADOMASOCHISM CENTER. A business or commercial enterprise wherein the practice of flagellation, torture or fettering is used or administered to an individual either by an employee of the establishment or a patron of the establishment.
SEMI-NUDE (OR IN A SEMI-NUDE CONDITION). The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall 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.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration any of the following:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. Either:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries, for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring with 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with applicant.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) and (2) above.
SUBSTANTIAL ENLARGEMENT. The increase in floor areas occupied by the sexually-oriented business by more than 25%, as the floor areas exist on the date this subchapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL. Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which TRANSFERS THE OWNERSHIP OR CONTROL of the business except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. passed 12-20-2001)
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