On the following table, an open circle "O" means that the use will be permitted in that district only if a conditional use permit is granted by the board of appeals. An "X" means that the use is permitted in the zone district subject to the general provisions of the zoning ordinance. For uses not included on this list, where the building inspector is unable to determine placement, application shall be made to the board of appeals for interpretation.

*(a)

Provided that such use shall not be established on a lot which is adjacent to, or directly across the street from, any residential use zoning district;

(b)

Provided, further, that said use shall not be established along a residential or minor street as defined in the city's subdivision ordinance;

(c)

Provided, further, that the improvements constituting such use shall meet all applicable setback requirements set forth elsewhere in the city Code;

(d)

Provided, further, that such use will be adequately screened and/or buffered by either fencing, a natural buffer, or a landscaping buffer, from less intense land uses located on adjoining properties including, but not limited to, housing for permanent residents or transient guests; and

(e)

Provided, further, that site development plans drawn to scale shall be submitted to and approved by mayor and council upon review by the planning commission, such plans including gross acreage, number, type, and location of buildings, building heights, open space, setbacks, buffer strips, location of fence and materials of construction, and such other information as may be reasonably required by, and acceptable.

**The number of vehicles for sale per standard commercial lot size of 15,000 square feet shall be limited to 50.

(Ord. of 1-17-2002, § 1; Ord. of 11-21-2001(1), § 2; Ord. of 5-6-2004, § 1; Ord. of 3-1-2007; Ord. of 12-6-2007(2); Ord. of 12-6-2007(3); Ord. of 12-6-2007(4); Ord. of 12-6-2007(5))

(1)

Findings; public purpose. Based on the experiences of other urban counties and municipalities, which experiences are relevant to the problems faced by Bloomingdale, Georgia, we take note of the notorious and self-evident conditions attended to the commercial exploitation of human sexuality; which do not vary greatly among generally comparable communities within our country. Moreover, it is the finding of the mayor and council that public nudity (either partial or total) under certain circumstances begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with nudity are disorderly conduct, prostitution, drug trafficking and drug use. Among the undesirable community conditions identified with nudity are depression of property values in the surrounding neighborhood, increased expenditure for and allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior herein above described and acceleration of community blight by the concentration of such establishments in particular areas. Accordingly, it is in the best interests of the health, welfare, safety and morals of the community to reduce the adverse impacts of adult entertainment facilities by avoiding the concentration of such uses, so as to reduce the negative impacts of adult entertainment facilities or adult uses upon other business uses, neighborhood property values, residential areas and public and semipublic uses; to ensure that adult uses and adult entertainment facilities do not impede development, redevelopment and neighborhood revitalization efforts; and so as to avoid allowing adult entertainment and adult uses in heavily used public pedestrian areas. Therefore, the limitation of adult uses and adult entertainment to certain prescribed areas of Bloomingdale is in the public welfare and it is a matter of governmental interest and concern to minimize the occurrence of criminal behavior and undesirable community conditions normally associated with establishments which provide or establish adult entertainment or adult uses. To that end, this ordinance is hereby adopted.

(2)

Permissible use in district I-2. Adult entertainment facilities where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold or offered to members of the public over 18 years of age shall be a permissible use in district I-2.

A.

Adult entertainment means:

1.

Permitting, performing, or engaging in acts of or acts which simulate:

(a)

Sexual intercourse, masturbation, bestiality, or copulation, flagellation, or any sexual acts which are prohibited by law.

(b)

The touching, caressing or fondling of the breasts, buttocks, anus, or genitals.

(c)

The displaying of the pubic hair, anus, vulva, or genitals.

2.

Showing or permitting the showing of films, still pictures, electronic reproduction or other visual reproductions depicting:

(a)

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.

(b)

Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals.

(c)

Scenes wherein a person displays the vulva or the anus or the genitals.

(d)

Scenes where artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the activities described above.

3.

Permitting any person to appear unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the male or female pubic hair, anus, cleft of buttocks, vulva, or genitals; provided, however, that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity, or notoriety for the establishment shall not constitute adult entertainment as defined in this section; provided further that nothing herein shall be deemed to make legal any conduct that may otherwise be prohibited by law.

B.

Notwithstanding the above, adult entertainment shall not include:

1.

Permitting any patron or customer to touch, caress or fondle the breasts, buttocks, anus, genitals, or any part of the body or clothing of a performer.

2.

Permitting any performer to bring into contact with any patron, customer, or member, any part of the body or clothing of the performer.

3.

Permitting any employee or other person to appear nude or seminude where there is an individual payment offer or solicitation of money occurring between a patron and employee.

4.

Permitting any employee or patron to use artificial devices or inanimate objects to depict any activity prohibited hereunder.

5.

Permitting an employee or other person to insert an object into a woman's vagina or a man's anal orifice.

6.

Permitting an employee or any person to engage in actual genital masturbation or, in the case of females, fondling of the breasts.

7.

Permitting a male employee or any person on the premises to exhibit an unclothed erect penis.

8.

Permitting an employee or any person to engage in bestiality.

9.

Permitting an employee or any person to be exposed to public view with less than full opaque covering his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, in a lewd and obscene way.

10.

Permitting an employee or person to dance or perform nude or seminude in such a manner as to simulate sexual activity with any patron or spectator.

11.

Permitting any areas of the facility to be used for sexual contact or private dancing performance or entertainment.

Any such conduct shall not be permitted in any zoning classification under this ordinance and such conduct shall be unlawful.

C.

Adult entertainment facility means any commercial establishment in the City of Bloomingdale where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public.

D.

An adult entertainment facility shall be located no closer than 2,000 feet to another adult entertainment facility. The measurement of distances for purposes of this paragraph shall be from structure to structure along the shortest possible course, regardless of any customary or common route or path of travel, i.e., "as the crow flies."

E.

An adult entertainment facility shall not be located on property which is within 2,000 feet of a residential use or district. The measurement of distances for purposes of this paragraph shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel, i.e., "as the crow flies."

F.

An adult entertainment facility shall be located no closer than 2,000 feet from any governmental facility, church, residence, park, library, school ground, or college campus. The measurement of distances for purposes of this paragraph shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel, i.e., "as the crow flies."

G.

The minimum lot area for an adult entertainment facility shall be three acres.

H.

Adult entertainment facilities shall be required to be on lots that have a minimum of 150 feet of road frontage on a public road, street or highway. Such facilities shall have a minimum of two driveways, which shall provide access to a public road, street or highway.

I.

In addition to development standards governing I-2 zoning districts, buildings and structures established in connection with an adult entertainment facility shall be set back at least 40 feet from any other business establishment and the minimum rear yard shall be 75 feet.

J.

Adult entertainment facilities shall be required to provide one automobile parking space for each 25 square feet of gross building area or for every three customer seats, whichever results in the greater number of parking spaces.

(Ord. of 4-6-1995)

During periods of emergency declared by the mayor pursuant to the provisions of this Code as the result of natural or manmade disasters, temporary mobile/manufactured/industrialized homes, travel trailers, recreational vehicles, campers, or mobile/manufactured/industrialized home parks, campgrounds or other living areas may be located on property approved by the mayor and council in any zoning district in the city. The parks, campgrounds or other living areas shall be designed by an engineer and plans must be approved by the Chatham County Health Department as well as the city's building inspector and public works department. Permits may be issued by the city's building inspector to establish a temporary mobile home park for a period not to exceed 18 months. Such approval may only be extended by the mayor and council beyond 18 months after a public hearing and a demonstrated finding of necessity on behalf of the mayor and council.

(Ord. of 10-16-1997(2))

Car washes shall be permissible uses in zoning districts C-1, C-2, I-1, and I-2.

(a)

Provided that vacuum facilities meet setbacks of the applicable zoning district.

(b)

Provided, further, that the facility shall provide for off-street parking space for three times the number of vehicles which can be accommodated at one time in the facility.

(c)

Provided, further, that the facility shall be designed to allow adequate traffic flow for cars to enter and exit the facility safely, and that no portion of an exit or an entrance shall be less than 50 feet from the right-of-way of an intersection.

(d)

Provided, further, that single bay facilities with automated brushes and multiple bay self-service facilities shall provide space for the parking of one car per bay to be used as a dry down area.

(e)

Provided, further, that facilities utilizing a conveyor or chain drag system for moving motor vehicles through the washing area shall provide adequate space at the building exit to allow for a dry down area of three times the number of vehicles which can be accommodated at one time within the structure.

(f)

Provided, further, that site development plans drawn to scale are submitted to and approved by the planning commission, such plans including gross acreage, number, type, and location of buildings, building heights, open space, setbacks, buffer strips, location of fence and materials of construction, and such other information as may be reasonably required by, and acceptable to, the planning commission.

(g)

Provided, further, that the facility shall not be on a lot which is adjacent to or directly across the street from any residential district.

(Ord. of 5-7-1998)

Automobile/truck restoration shall be a conditional use in zoning district R-A1, and as a permissible use in zoning districts C-1, C-2, I-1, and I-2.

(a)

Provided that such use shall be limited to automotive painting which shall be conducted within an enclosed building, upholstering, and body and fender work, and shall not include other types of automotive repair and maintenance activities such as engine rebuilding and collision service.

(b)

Provided, further, that in R-A1, C-1, and C-2 zoning districts, the type of vehicle covered under this use shall be limited to automobiles, pickup trucks, and passenger vehicles, and shall not include heavy equipment vehicles.

(c)

Provided, further, that such use shall be prohibited within 300 feet of any property used for a school, park, public playground, or hospital.

(d)

Provided, further, that said use shall not be established on a lot within R-A1, C-1, and C-2 zoning districts, or on a lot which is adjacent to or directly across the street from any residential or commercial district, unless:

(i)

All activities performed as incidents to such use, except the storage of motor vehicles (not to exceed 12 in number), are conducted within an enclosed building or a roofed extension thereof not closer than 100 feet from any parcel occupied by a residential structure; and

(ii)

All motor vehicles are serviced, stored or parked within a building or an area which is enclosed by an architecturally designed fence of a height set by the planning commission to screen the vehicles from the view of adjacent properties and public rights-of-way, and which area further has a landscaped exterior buffer with a width and containing such trees and shrubbery as shall be required by the commission.

(e)

Provided, further, that the level of sound emitted from the facility does not continually exceed:

(i)

Sixty-five dBA when measured at the closest property line of residentially zoned property; or

(ii)

Seventy-five dBA when measured at the closest property line of property occupied by institutional, office, or retail uses.

Sound measurements shall be made with a sound-level meter which includes any microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels.

(f)

Provided, further, that site development plans drawn to scale are submitted to and approved by [the] planning commission, such plans including gross acreage, number, type, and location of buildings, building heights, open space, setbacks, buffer strips, location of fence and materials of construction, and such other information as may be reasonably required by, and acceptable to, the planning commission.

(g)

Provided, further, that the facility shall operate only between the hours of 8:00 a.m. and 8:00 p.m.

(h)

Provided, further, that there shall be no dismantling of vehicles on the premises to sell parts.

(Ord. of 7-16-1998(2))