In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, have serious operational characteristics, particularly when one or more of them are located in near proximity to residential zones, thereby having a deleterious effect upon adjacent areas. Regulation of these uses through location is necessary to ensure that the adverse effects of such uses will not contribute to the blighting or downgrading of the surrounding neighborhood. The provisions of this chapter are intended to prevent deterioration or blighting of residential neighborhoods.

(Prior Code, § 5.300; Ord. No. 94-15, 10-3-1994)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment which has in excess of 50 percent of its stock-in-trade for sale or rent, which stock-in-trade consists of books, magazines, newspapers, videotapes, video discs and motion pictures which are characterized by an emphasis on specified sexual activities or specified anatomical areas, or which establishment excluded admission to minors by virtue of age.

Adult business means and includes, but is not limited to, adult bookstores, adult video stores, adult personal service businesses, adult cabarets, adult novelty businesses, massage parlors, nude and/or semi-nude modeling studios and tattoo parlors.

Adult cabaret means a cafe, restaurant or bar where patrons are entertained by dancers, strippers or male or female impersonators, whether accompanied by music or not, whose conduct is characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult motion picture theatre means any establishment, or part thereof, used for presenting material distinguished or relating to specified sexual activities or specified anatomical areas, as defined herein for observation by patrons therein.

Adult novelty business means a business which has as a principal activity, the sale of devices which stimulate human genitals or devices designed for sexual stimulation.

Adult personal service business means a business having as its principle activity a person, while nude or while displaying specified anatomical areas, providing personal services for another person. Such businesses include, but are not limited to, modeling studios, body painting studios, performances or entertainment, and lingerie parlors using nude or semi-nude models.

Adult store means an establishment which has in excess of 50 percent of its stock-in-trade for sale or rental to the public or patrons, video cassettes or video tapes, having, as a dominant theme an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

Buttock means and includes the anus and perineum of any person.

Church means a building used for regular public worship services and exempt from taxation under the general property tax act of the state.

Massage means the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another, for a fee.

Massage parlor means an establishment wherein private massage is practiced, used or made available as a principle use of the premises.

Nude modeling studio means any building, structure, premises or part thereof used primarily as a place which offers, as its principal activity, the providing of models to display specified anatomical areas for artists and photographers for a fee and/or modeling clothing in a nude or semi-nude state.

Protected use means a church, school or public park.

Public park means any park owned and maintained by the city.

School means a public or private school offering education to students enrolled in pre-kindergarten, kindergarten, one or more grades of one through 12, or post secondary education.

Sexual intercourse means and includes fellatio, cunnilingus, anal intercourse and any other intrusion, however slight, of any part of a person's body, or of any object into the genital or anal openings of another's body.

Sodomy means sexual bestiality.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitalia and pubic region;

b.

Buttock; or

c.

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.

Specified sexual activities means:

(1)

The stimulation or arousal of human genitalia;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast.

Tattoo parlor means a business having, as its principal activity, the application or placing, by any method, of designs, letters, scrolls, figures, symbols or other marks upon or under the human skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

(Prior Code, § 5.301; Ord. No. 94-15, 10-3-1994)

The planning commission may, by the issuance of a special use permit, authorize the uses specified within this article only in the B-3 zoning district and after finding that the following conditions exist:

(1)

The parcel upon which the use is intended is located outside a 300-foot radius of any parcel upon which is located any residence, dwelling place, daycare facility, church, public park, or school unless a petition requesting waiver of this requirement is received and certified by the city clerk/treasurer signed by 51 percent of those adult persons or institutions residing within or owning residential, daycare, school, or church property within a 300-foot radius of the proposed location in which case the planning commission may waive this requirement.

(2)

The use is not located within a 300-foot radius of one other such use except that such restriction may be waived by the planning commission if the following findings are made:

a.

That the proposed use will not be contrary to the interest or injurious to nearby properties and that the spirit and intent of this section will be observed.

b.

That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.

c.

That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program or urban renewal.

d.

That all applicable state laws and local ordinances will be observed.

(Prior Code, § 5.302; Ord. No. 94-15, 10-3-1994)

No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence not previously available or proof of changed conditions.

(Prior Code, § 5.303; Ord. No. 94-15, 10-3-1994)

(a)

The height, yard, lot area, lot width, building coverage, sign and parking requirements of an adult business shall conform to the requirements for the zone in which it is located and with the standards for special land use approval contained within this chapter.

(b)

The distance between an adult business and a protected use shall be measured in a straight line, without regard to intervening structures or objects, from the lot line of the adult business or building containing an adult business to the nearest lot line of the protected use.

(c)

No person shall reside in or permit any person to reside in the premises of an adult business.

(Prior Code, § 5.304; Ord. No. 94-15, 10-3-1994)

The procedure and requirements established for special uses as contained in this chapter shall be followed to process an application for an adult business.

(Prior Code, § 5.305; Ord. No. 94-15, 10-3-1994)

The provisions of this chapter regarding massage parlors shall not apply to a licensed masseuse for fitness clubs, hospitals, sanitariums, nursing homes or medical clinics, or to the offices of a physician, surgeon, podiatrist, chiropractor, osteopath or physical therapist, duly licensed by the state, or to barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders of patrons.

(Prior Code, § 5.306; Ord. No. 94-15, 10-3-1994)