The definitions contained in this section shall be applicable to this chapter, together with the definitions contained in Chapter 1360 of this Development Code and any other definitions contained in this Code

   (a)   “Adult arcade”  means any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, 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 the depicting or describing of specified sexual activities or specified anatomical areas.

   (b)   “Adult bookstore” or “adult video store”  means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

      (1)  Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or described specified sexual activities or specified anatomical areas; or

      (2)  Instruments, devices, or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with specified sexual activities.

   (c)   “Adult cabaret”  means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

      (1)  Persons who appear in a state of nudity; or

      (2)  Live performances which are characterized by the exposure of specified anatomical areas or by 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 areas.

   (d)   “Adult motion picture theater”  means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,  are regularly shown.

   (e)   “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.

   (f)   “Nude model studio”  means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided solely to be sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

   (g)   “Nudity” or a “state of nudity” means:

      (1)  The appearance of a human bare buttock, anus, genitals, or areola of the female breast; or

      (2)  A state of dress which fails to cover opaquely a human buttock, anus, or genitals, or areola of the female breast.

   (h)   “Sexually oriented business” means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater.  "Sexually oriented business" does not include a nude model studio.

   (i)   “Specified anatomical areas” means human genitals.

   (j)   “Specified sexual activities” means 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 or sodomy;

      (3)  Masturbation, actual or simulated.

   (Ord. 150-96. Passed 10-28-96)

   (a)  A sexually oriented business shall be located only in accordance with the following restrictions:

      (1)  No such business shall be located on any parcel within 700 feet of any Residential District located within the boundaries of the City or any adjoining city or township;

      (2)  No such business shall be located on any parcel within 1,000 feet of any library, private or public elementary or secondary school, pre-school, day care center, public park or church located within the boundaries of the City or any adjoining city or township;

      (3)  No such business shall be located on any parcel within 1,000 feet of another sexually oriented business located within the boundaries of the City or any adjoining city or township;

      (4)  Such businesses shall only be located in C-4, I-1, I-2 and I-3 Districts.

   (b)  For the purposes of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of  the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, Residential District, or residential lot.

   (c)  For the purposes of subsection (a) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closet exterior wall of the structure in which each business is located.

   (d)  No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section.  Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.

   (e)  Notwithstanding Chapter 1340 of this Development Code, any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of this chapter shall be deemed a nonconforming use.  A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public park or library within 1,000 feet, or a Residential District or use within 500 feet, of the sexually oriented business.  When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.  Chapter 1340 of this Development Code shall supplement this subsection (e) when there is not a direct conflict between these Code provisions. (Ord. 150-96. Passed 10-28-96; Ord. 60-1997. Passed 4-14-97)