When referenced in a zone as a special use, Adult Entertainment Businesses are permitted subject to compliance with the following requirements. (5/98)
A. Definitions. (5/98)
For
the purpose of this section, the following definitions shall apply. (5/98)
1. Adult entertainment business: A term intended to cover a broad range of
activities characterized by live, closed circuit, digital, or reproduced
material which has an emphasis on nudity and/or sexual activity. Adult businesses limit their patrons to
persons at least 18 years of age. The
term "adult entertainment business" also includes the full range of
adult motion picture or video theaters and related businesses, such as adult
bookstores, adult theaters, adult massage parlors, adult lotion studios, adult
arcades, adult cabarets, adult paraphernalia shops, and other establishments
which make up a substantial or significant portion of the establishment's
activities or merchandise and constitute a continuing course of conduct of
exhibiting specified sexual activities and/or nudity in a manner which appeals
to a prurient interest. The term
"adult entertainment business" also includes other uses similar to
the uses mentioned above, presenting material for patrons to view (live, closed
circuit, or reproductions), providing massage or lotion studios for the purpose
of fondling or other erotic touching of specified anatomical areas and/or
purchase or rent of merchandise which emphasizes nudity and/or specified sexual
activity in a manner which appeals to a prurient interest, and limiting
entrance to patrons who are over 18 years of age. (5/98)
2. Nudity or nude: Being devoid of an opaque material covering
the human genitals, pubic region, buttocks, and female breasts below a point
immediately above the top of the areola and
where such opaque material does not simulate the organ covered. (5/98)
3. Specified sexual activities: Real or simulated acts of sexual intercourse,
human/animal sexual intercourse, masturbation, sadomasochistic abuse, sodomy or
the exhibition of human organs in a simulated state, or the characterization
thereof in a printed or visual form, or fondling or other erotic touching of
human genitals, pubic region, buttocks, or female breasts. (5/98)
4. Substantial or significant
portion: More than 10 percent of the
total cost of the inventory of merchandise for sale in the establishment,
whether at wholesale or retail, or more than 10 percent of the establishment's
gross sales per month, whether wholesale or retail, or more than 10 percent of
a film or video or live performance. (5/98)
B. Location Requirements
1. No adult entertainment business shall
be located within a distance closer than 2,000 feet from another adult
entertainment business at the time the adult entertainment business is
established; and
2. No adult entertainment business shall
be located within a distance closer than 1,000 feet from the following zones
and land uses in existence at the time the adult entertainment business is
established. (5/98)
a. The boundary of a residential zone. (5/98)
b. A public or private elementary, middle
school, or high school. (5/98)
c. A park or public playground. (5/98)
d. A house of worship. (5/98)
C. Distance Measurement
The distance referred to in item 2., above, shall
be measured in a straight line, without regard to intervening structures or
obstructions, from the closest point of the structure or portion of the
structure containing the adult entertainment business to the closest point of
the protected zone or use. (5/98)