Dryden Village City Zoning Code
ARTICLE XIII
Adult Entertainment Businesses
[Added by L.L. No. 7-1998]
§ 350-94 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT BUSINESS
An establishment or place of business where any person engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on live performances which are characterized by an emphasis on specified anatomical areas or specified sexual activities or where employees, as part of their employment, regularly expose to patrons specified anatomical areas. Such definition includes the following:
A.
Adult arcades where, for any form of consideration, one or more motion-picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
B.
An adult book and/or video store which has as a substantial (50% of more) portion of its stock-in-trade and offers for sale, for any consideration, any one or more of the following:
(1)
Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
C.
Adult cabarets, meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment which regularly feature live performances characterized by exposures of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
D.
An adult motion-picture theater, meaning a theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
E.
An adult theater, meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
F.
Massage parlor where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
G.
Peep show, meaning a retail establishment which presents live or filmed performances, view from individual enclosures, for which a fee is charge, which performances are characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
H.
Adult hotel or motel, meaning a hotel or motel which excludes minors by reason of age.
SPECIFIED SEXUAL ACTIVITIES
For the purposes of the definition of "adult entertainment business," the term "specified sexual activities" includes:
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Actual or stimulated acts of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
SPECIFIED ANATOMICAL AREAS
As used in the definition of "adult entertainment business" includes:
A.
Less than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breasts below a point immediately above the top of the areola; or
B.
Erect penis, even if completely and opaquely concealed.
§ 350-95 Unlawful locations.
A.
Adult entertainment establishments may not be located in any zone except industrial use districts and may not be located, when initially opened as, or converted to, an adult entertainment establishment, within 500 feet of any of the following:
(1)
The boundary of any residential zoning district.
(2)
Any property, including the exterior lot, used as a public or private school, licensed day-care facility, youth center, library, municipal office, museum or historical site.
(3)
Any church, place of worship or other religious facility or institution.
(4)
Any park, playground or gymnastic center.
(5)
Any other adult entertainment business.
B.
The distance provided herein above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.
§ 350-96 General requirements.
A.
Not more than one adult entertainment business shall be permitted on any lot.
B.
All building openings, including doorways and windows, shall be located, covered or screened in such a manner as to prevent a view into any adult entertainment business from outdoors.
C.
No persons under the age of 18 years shall be permitted into or on the premises of any adult entertainment business.
D.
No adult entertainment business shall display any exterior or outdoor advertising of any kind, other than signage complying with all of the requirements of Article XIV, Signs, and of Chapter 350, Zoning.
E.
An adult entertainment business shall comply with all other requirements of Chapter 350, Zoning, as well as all applicable county, state and federal laws and regulations.[1]
[1]
Editor's Note: Original Art. XIV, Unsafe Structures, of the 1996 Code, as amended by L.L. No. 4-1987, which immediately followed this article, was repealed 3-15-2023 by L.L. No. 3-2023. See now § 350-82.