Designated use. For the purpose of this article, the term "designated use" shall mean and include such designated uses or accessory uses as shall be included in this article and which may from time to time be added to this article by amendment by the City Commission of Coconut Creek, Florida.

Adult book store. For the purpose of this article, the term "adult book store" means and includes an establishment having as a substantial or significant portion of the stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

Adult motion picture theater. For the purpose of this article, the term "adult motion picture theater" means and includes an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein.

Adult mini motion picture theater. For the purpose of this article, the term "adult mini motion picture theater" means and includes an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein.

Adult nightclub. For the purpose of this article, the term "adult nightclub" shall mean and include any place of business or establishment or cabaret which features live entertainment distinguished or characterized by an emphasis on matters depicting, exposing, describing or relating to "specified sexual activities" or "special anatomical areas" for observation by patrons therein.

Specified anatomical areas. For the purpose of this article, the term "specified anatomical areas" shall mean and include:

(a)

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Full anal cleft or cleavage; and

3.

Female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities. For the purpose of this article, the term "specified sexual activities" shall mean and include:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy and

(c)

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

Massage establishment. The term "massage establishment", as used in this article, shall mean and include any shop, parlor, establishment or place of business herein all or any one or more of the following named subjects and methods of treatments, are administered or practiced:

(a)

Oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, colon irrigations, body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping or rubbing.

(b)

Nothing in this article shall be construed as applying to State of Florida - licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists' assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment.

(c)

Provided, however, that, for the purpose of this article, the term "massage establishment" shall not include any massage establishment wherein at least one State of Florida licensed masseur or masseuse is employed and on-duty full time during the hours open for business.

Health spa. For the purpose of this article, the term "health spa" shall mean and include all health studios, exercise salons, relaxation spas, health salons, health clubs and adult relaxation spas.

Encounter studio. For the purpose of this article, the term "encounter studio" shall mean and include all public establishments offering nude encounter sessions, encounter sessions between males and females, nude dance encounter sessions, and sexual consultations.

Person. For the purpose of this article, the word "person" means and includes any adult individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, or any combination there, or other entity.

Residentially zoned district. For the purpose of this article, the term "residentially zoned district" means and includes districts in the City of Coconut Creek which permit residential uses; provided that only agricultural districts included in this definition are A-1 irrespective of the future land use.

Cabaret. For the purpose of this article, the term "cabaret" shall mean and include any place wherein any type of alcoholic beverage is sold or given away for consumption on the premises and the operator thereof holds a license from the State of Florida to sell alcoholic beverages for consumption on the premises and wherein the patrons are provided with entertainment or space for dancing.

Alcoholic beverage. For the purpose of this article, the term "alcoholic beverage" shall mean and include any beverage containing more than one (1) percent of alcohol by weight.

(Ord. No. 170-97, § 1, 12-11-97)

In the development, enforcement and amendment of this article, it is recognized that there are uses and accessory uses which because of their very nature are recognized as having serious objectionable characteristics particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent business and residential areas. Further, it is recognized that the location of even one such use near a residential area or other incompatible use causes such deleterious effects on the neighborhood and on the businesses that serve the neighborhood. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of the surrounding neighborhood.

(Ord. No. 170-97, § 1, 12-11-97)

(1)

None of the designated uses set forth in this article, or added from time to time to this article by amendment, shall be located or operated nearer to the same or any other designated use nor nearer to any house of worship or public or private kindergarten, nursery, elementary, middle or high school, or day care center, than one thousand (1,000) feet. Measurement of the one thousand (1,000) feet shall be made in accordance with subsection (3) below.

(2)

None of the designated uses set forth in this article, or added from time to time to this article by amendment, shall be located or operated nearer than five hundred (500) feet to a residentially zoned district. Measurement of the five hundred (500) feet shall be made in accordance with subsection (3) below.

(3)

For the purpose of this article, a designated use or proposed designated use shall be deemed to be within one thousand (1,000) or five hundred (500) feet of another designated use or house of worship, school, real property, residence, business or residentially zoned district, respectively, as defined or described herein, if any part of the building in which, or plot of land upon which, a designated use is located or proposed to be located within one thousand (1,000) feet or five hundred (500) feet, as the case may be, as measured by an actual or imaginary straight line upon the ground or in the area, of any part of the building in which, or plot of land upon which, another designated use or such, house of worship school, real property, residence, business or residentially zoned district, respectively, is located. To determine the distances regulated by this article, the person seeking to establish or operate a designated use shall furnish to the city a survey sealed by a land surveyor certified by the State of Florida. The survey shall indicate the distance between the proposed designated use and other designated use, house of worship or school, as described in subsections (1) and (2) above. Further, the survey shall indicate the pertinent distances between both the buildings in which the designated use, house of worship or school will operate and the plot of land upon which such use will be located.

1.

Exceptions to the distance requirements contained herein may be granted by application for and approval of a special land use permit.

(Ord. No. 170-97, § 1, 12-11-97; Ord. No. 2008-036, § 4, 11-13-08)

The following uses are declared to be "designated uses" as reviewed through the special land use process in the particular zoning district:

(a)

Adult book store—Pursuant to section 13-621 Master business list.

(b)

Adult motion picture theater—Pursuant to section 13-621 Master business list.

(c)

Adult mini motion picture theater—Pursuant to section 13-621 Master business list.

(d)

Adult nightclub—Pursuant to section 13-621 Master business list.

(e)

Massage establishment—Pursuant to section 13-621 Master business list.

(f)

Encounter studio—Pursuant to section 13-621 Master business list.

(Ord. No. 170-97, § 1, 12-11-97; Ord. No. 2002-001, § 1, 2-28-02)

Where a designated use is located in conformity with the provisions of this article, the subsequent locating of a house of worship or school within one thousand (1,000) feet, or a residentially zoned district within five hundred (500) feet, of such existing designated use shall not be construed to cause such designated use to be in violation of this article.

(Ord. No. 170-97, § 1, 12-11-97; Ord. No. 2008-036, § 4, 11-13-08)

Any existing designated use, which conformed to the regulations in effect when such designated use was established, that becomes nonconforming by the enactment of this article shall be removed or discontinued within five (5) years of the effective date of this article.

(Ord. No. 170-97, § 1, 12-11-97)

Any person convicted of a violation of this article shall be punished as provided by law.

(Ord. No. 170-97, § 1, 12-11-97)