Adult related businesses as defined herein shall be regulated as special land uses within the C-1 Business District. The general standards and requirements of Chapter 1286 basic to all special land uses shall apply to any use as noted herein.

The specific and detailed requirements set forth in this section relate to adult sexually oriented uses and are requirements which must be met by the uses listed in addition to the general standards and requirements set forth in Chapter 1286.

(Ord. 319. Passed 3-22-99.)

For purposes of this section, the words and phrases following have meanings assigned to them herein and are controlled by the regulations and procedures set forth in this section:

Adult Related Business: Any activity described in any of the remaining paragraphs of this section and any other business including but not limited to:

Arcade; nightclub; bar; restaurants including cabaret type restaurants which may have dancing, singing, or skits as entertainment; photographic studio;

that have any employee or entertainer (in person or by motion picture, television, hologram or other type of image) displaying any "specified anatomical area" or engaging in any "specified sexual activity" as defined herein.

Adult Book Store or Adult Video Store: Any commercial establishment where any of the below listed items or materials occupy at least twenty percent of the floor area or visible inventory within the establishment or any commercial establishment that derives at least twenty percent of its gross revenues from the sale or rental for any form of consideration any one or more of the below listed items:

(1)

Books, magazines and other periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations or media which depict or describe or which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(2)

Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities."

Adult Motion Picture Theater: A commercial establishment which for any form of consideration regularly and primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction, description of, or relating to "specified anatomical areas" or "specified sexual activities," as defined herein.

Adult Theater: A theater, concert hall, auditorium or similar commercial establishment that regularly features a person or persons who appear in a state of nudity or that regularly features live performances that are characterized by the exposure of or the depiction, description of, or relating to "specified anatomical areas" or "specified sexual activities," as defined herein.

Specified Sexual Activities are as follow:

(a)

Human genitals in a state of sexual stimulation or arousal.

(b)

Actual or simulated human or animal masturbation, sexual intercourse, homosexual or heterosexual contact, or sodomy.

(c)

Actual or simulated fondling of or erotic touching of human genitals, pubic region, buttock or female breast.

(d)

Bestiality.

(e)

Fellatio or cunnilingus.

(f)

Human excretory functions.

(g)

Sadomasochistic abuse.

Specified Anatomical Areas are as follow:

(a)

Less than completely and opaquely covered human genital, pubic, buttock, female breast below a point immediately above the areola.

(b)

Human male genitals or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 319. Passed 3-22-99.)

Adult businesses as defined in Section 1281.02 above must comply with the following specific requirements for approval as a special land use within the C-1 Business District:

A.

Location:

(1)

No adult related businesses may be established within 1,500 feet from the property line of any other lot or parcel or enclosed building where there already exists an adult related business.

(2)

The lot or parcel on which an adult related business is located shall be at least 1,500 feet from any residential zoning district, church, or public or private school, as measured between the nearest property lines.

B.

Development. Adult related businesses, as defined and listed in Section 1281.02, shall comply with the following regulations:

(1)

Adult related businesses shall not be located in buildings in which dwelling units are located.

(2)

Activities conducted within buildings housing adult related businesses shall be shielded in such a manner that no person outside of the lot or parcel on which the adult related business is located shall see these activities.

(3)

Establishments where uses subject to the control of this section are located shall not be expanded in any manner without first applying for and receiving the approval of the Planning Commission, as provided herein.

(Ord. 319. Passed 3-22-99.)