Sidebar Planning and Zoning Code- Section 41

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SECTION 41- ADULT USES REGULATIONS-

41.01- PURPOSES- The intent of this section is to regulate uses which because of their very nature, are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control of regulation is for the purpose of preventing a concentration of these uses in any one area.

41.02- DEFINITIONS- For the purpose of this section, the following definitions shall apply:

  1. Adult Book Store- An establishment having as a substantial or significant portion of his stock in trade, books, magazines, films, sexual devices for sale or viewing on premises by uses of motion picture devices or any coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", or an establishment with a segment or section devoted to the sale or display of such material.
  2. Adult Motion Picture Theater- An enclosed building with a capacity of 50 or more persons used regularly and routinely for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or acts relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein.
  3. Adult Mini-Motion Picture Theater- An enclosed building with a capacity for less than 50 persons used for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or acts relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein.
  4. Adult Entertainment Establishment- A public or private establishment which may or may not be licensed to serve food and/or alcoholic beverages, which feature topless dancers, strippers, male or female impersonators, or similar entertainers, or acts relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein.
  5. Massage Parlor- An establishment or place primarily in the business of providing non-therapeutic massage services and/or steam baths.
  6. "Specified Sexual Activities" is defined as:
    1. Human genitals in a state of sexual stimulation arousal;
    2. Acts of human masturbation, sexual intercourse or sodomy;
    3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
  7. "Specified Anatomical Areas" is defined as:
    1. Less than completely and opaquely covered: (I) human genitals, pubic region, (II) buttock and (III) female breast below a point immediately above the top of the areola.
    2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

41.03- REGULATED USES- Regulated uses include all Adult Uses which include, but not limited to, the following:

  • Adult Book Store
  • Adult Entertainment Establishment
  • Adult Mini-Motion Picture Theater
  • Massage Parlor
  1. Adult Uses shall be permitted subject to the following restrictions:
    1. No such Adult Use shall be allowed within 1000 feet of another existing Adult Use. There shall be no more than one Adult Use per building.
    2. No such Adult Use shall be located within 1000 feet of any Zoning District which is zoned for Residential Use.
    3. No such Adult Use shall be located within 1000 feet of a pre-existing school or place of worship.
    4. No such Adult Use shall be located in any Zoning District except B-2 or I-3 zoned areas. Adult Uses, as herein defined, shall require the granting of a special exception from the Planning and Zoning Commission. The Commission shall judge each application based on the requirements of this section and the Special Exception criteria found in Section 44.04.

41.04- EXTERIOR DISPLAY- No Adult Use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", from any public way or from any property not registered as an Adult Use. This provision shall apply to any display, decoration, sign, show window or other opening.

41.05- REGISTRATION-

  1. The owner of a building or premises, his/her agent for the purposes of managing, controlling, or collecting rents, of any other person managing or controlling a building or premises, any part of which contains an Adult Use, shall be register annually with the Director of Health the following information:
    1. The address of the premises.
    2. The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.
    3. The address(es) of the owner and the beneficial owners.
    4. The name of the business or establishment subject to the provisions of paragraph C.
    5. The name(s) of the owner, beneficial owner of the major stock holders of business or the establishment subject to the provisions of paragraph C.
    6. The address(es) of those persons named in subparagraph (e).
    7. The date of initiation of the Adult Use.
    8. If the building or premises is leased, a copy of the said lease shall be attached.
  2. It shall be unlawful for the owner or person in control of any property to establish or operate thereon or permit any person to establish or operate an Adult Use without first having properly registered and received certification of approved registration; pre-existing Adult Uses prior to the effective date of this Regulation shall register within thirty (30) days of the effective date of this Regulation.
  3. The owner, manager or agent of a registered Adult Use shall display a copy of the Registration Form approved by Director of Health in a conspicuous place of the premises.

(Adopted effective 10/15/94)

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