(A) Definitions for purposes of this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK STORE. A commercial establishment, including a building or a portion thereof, having as a substantial or significant portion of its stock in trade, books, magazines, photographs or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATER. A commercial building or establishment used in whole or in part for presenting motion pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), for observation by patrons therein.
CABARET. A club, restaurant, bar, tavern, theater, hall or similar commercial establishment which features male and/or female entertainers, including, but not limited to, topless or bottomless dancers, entertainers, strippers or employees, whose performance or activities include, even though not limited to, simulated sex acts, live or actual sex acts or other specified sexual activities (as defined below), and/or reveal or display specified anatomical areas (as defined below).
MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
MASSAGE PARLOR. Any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, firm, association or corporation engages in or carries on the practice of massage; provided, however, that this definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath, massage therapist or physical therapist duly licensed by the commonwealth, nor barber shops or beauty salons in which massages are administered only to the scalp, face, neck or the shoulders. In addition, this definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a non-profit organization operating a community center, a swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(B) Prohibition in residential and commercial zones. It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or massage parlor in any district other than the I-1 Industrial District as hereinafter qualified.
(C) One thousand feet separation requirement. It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 1,000 lineal feet of any other adult book store, adult motion picture theater, cabaret, massage parlor or game room.
(D) Allowance of special exception.
(1) It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of any school, church, playground, any other area designated as a recreational area or a residential area, except as a special exception in accordance with the procedure set forth in §§ 154.150 through 154.154.
(2) The Zoning Hearing Board may authorize the establishment of an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of a school, church, playground, any other area designated as a recreational area or any other adult book store, adult motion picture theater, cabaret, massage parlor, or game room as a special exception only if the following findings are made by the Zoning Hearing Board:
(a) The applicant has presented to the Zoning Hearing Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon;
(b) The proposed use will not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and will not be detrimental to the general character of the area;
(c) The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal;
(e) All other applicable regulations of this chapter will be observed.
(Ord. passed 7-13-2015) Penalty, see § 154.999