A.1.1.

Schedule of fees established. The governing authorities shall by resolution establish a schedule of fixed fees and a collection procedure covering the processing of code enforcement, public hearings and notices, applications and other related expenses. The fixed fee schedule shall cover the reviewing of applications for permits, amendments, and variances, and any other matters pertaining to this land development code. The fixed schedule may be amended from time to time as needed by the governing authorities.

A.1.2.

Collection of fees. The schedule of fees shall be available to the public in the, department of planning. Until all applicable fees have been paid in full, no action will be taken on any application, appeal or other processing of land use matters.

A.1.3.

Other fees and license. The list of applicable development fees shall be available to the public in the department of planning and development.

A.2.1.

General subdivision or site plan information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required by article 9. This information may include data on existing covenants, land characteristics; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, and description of proposed protective covenants and proposed utilities and street improvements or other items as required by the planning department.

A.2.2.

A location map shall show the relationship of the proposed subdivision or site plan to existing community facilities, or properties, which serve or influence it. Include development name and location; main traffic arteries; title; scale; north arrow and date and other items as may be required by the planning department.

A.2.3.

A topographic survey shall show in simple sketch form the proposed layout of streets, lots, structures and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event the sketch plan shall include either the existing topographic data at two-foot intervals or such of these data as the director of planning determines is necessary for its consideration of the proposed sketch. All sketches and data required by this section shall be submitted at least 30 days prior to the meeting at which such information is to be considered.

The following standards, which may from time to time be modified by the planning department, are required for any preliminary plat submittal:

A.3.1.

Lot layout. Dimensions of lot lines, lot numbers and lot area in square feet.

A.3.1.1.

Streets. Names, rights-of-way and roadway widths of existing streets and the location and proposed right-of-way width of existing and proposed street dedications.

A.3.1.2.

Location and type of existing utilities.

A.3.1.3.

Boundary lines. Bearing and distances from deed records or survey.

A.3.1.4.

Easements. Locations, width and purpose.

A.3.1.5.

Public sites. If any, to be reserved or dedicated for parks, playgrounds, or other public uses.

A.3.1.6.

Nonpublic sites. If any, for multi-unit dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.

A.3.1.7.

Topographic information showing contour data at one foot intervals.

A.3.1.8.

Other conditions on the tract. Watercourses, flood plain and floodway boundaries and the 100-year flood elevation, marshes, wetlands, rock outcrops, wooded areas, isolated preservable trees two feet or more in diameter, groups of large (eight-inch dbh and greater) trees, and other significant features.

A.3.1.9.

Subsurface conditions on the tract. (If required by the city engineer) location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet.

A.3.1.10.

Other conditions on adjacent land. Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings located within 300 feet, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owner of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, recordation date, and number, and show approximately percent built-up, typical lot size, dwelling type.

A.3.1.11.

Minimum building setback lines.

A.3.1.12.

Zoning. On and adjacent to the tract.

A.3.1.13.

Vicinity Map. Showing location of the tract.

A.3.1.14.

Site data. Number of residential lots, site area, typical lot size, proposed uses and size of common open areas, parks, etc.

A.3.1.15.

Title, scale, north arrow and date.

A.3.1.16.

Subdivision name, name and address of owner, and name and address of individual or firm responsible for preparation of the plat.

A.3.1.17.

Where division of the property into phases or sections is contemplated, the proposed boundaries of such sections shall be shown and labeled and the sequence of development listed in alphabetic or numerical order.

A.3.1.18.

Traffic impact study/analysis will be required at the discretion of the public works department or when any proposed subdivision is expected to generate over 100 peak trips 500 trips in an average day. See Traffic Study Thresholds Table below.

A.3.1.19.

When required by the planning commission, the preliminary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross sections of the proposed grading, roadway and sidewalk, and preliminary plan of proposed sanitary and storm sewers with grades and sizes indicated. All elevations shall be based on a datum plane approved by the city engineer. A copy of all plans and specifications so submitted and approved by the city engineer shall be maintained on file in the engineering department.

A.3.1.20.

Utility plan. Existing and proposed utilities on and adjacent to the tract. Location, size and invert elevation of sanitary and storm sewers; location and size of water mains, and fire hydrants. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers. Also, electric, gas, and cable utilities and any required retention/detention shall be shown.

A.3.1.21.

Grading and drainage plan. An overall grading plan shall be prepared showing existing and proposed contours at one foot intervals. Both existing and proposed contours shall be shown on the same drawing. An erosion control plan for the subdivision shall be prepared and submitted as part of the overall grading and drainage plan.

A.3.1.22.

Title and certificates. Present tract designation according to official records in office of appropriate recorder, title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or surveyor, date of survey.

A.3.1.23.

Draft of protective covenants if the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

The following standards, which may from time to time be modified by the planning department, are required for any final plat submittal:

A.4.1.

Final plat shall be drawn on mylar or other suitable material on sheets 18 inches wide by 24 inches long and shall be at a scale of 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission. The final plat shall show the following:

A.4.1.1.

Primary control points, approved by the city engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

A.4.1.2.

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves.

A.4.1.3.

Name and right-of-way width of each street or other right-of-way.

A.4.1.4.

Location, dimensions and purpose of any easements.

A.4.1.5.

Number to identify each lot or site.

A.4.1.6.

Purpose for which sites, other than residential lots, are dedicated or reserved.

A.4.1.7.

Minimum building setback line on all lots and other sites.

A.4.1.8.

Location and description of monuments.

A.4.1.9.

Names of record owners of adjoining unplatted land.

A.4.1.10.

Reference to recorded subdivision plats or adjoining platted land by record name, date and number.

A.4.1.11.

Certification by surveyor or engineer certifying to accuracy of survey and plat.

A.4.1.12.

Certification of title showing that applicant is the owner.

A.4.1.13.

Statement by owner dedicating streets, rights-of-way and any sites for public uses.

A.4.1.14.

Title, scale, north arrow, and date.

A.4.1.15.

A certificate to be signed by the city engineer certifying that the subdivider has complied with one of the following alternatives:

a.

All improvements have been installed by the subdivider in accord with the requirements of these regulations and with the action of the planning commission and board of aldermen giving conditional approval of the preliminary plat.

b.

A bond, or a certified check has been posted by the subdivider which is available to the city in a sufficient amount (as determined by the city Engineer) to ensure completion of all required improvements.

c.

Protective covenants in proper form for recording. Where possible these should be included on the subdivision plat.

d.

Other data such as certificates, affidavits, endorsements, or deductions as may be required by the city engineer in the enforcement of these regulations.

A.5.1.

Surveyor's certificate.

I certify that the within plat of _______ in Lafayette County, Mississippi, is a true and correct representation of said subdivision and that I signed and delivered it as my own act and deed.

Witness my hand and signature on this, the _______ day of _______, 20___.

Surveyor's Name
License #

A.5.2.

Engineer's certificate.

I certify that ___________, is in conformance with the design requirements of the subdivision regulations and specific conditions imposed on this development, and takes into account all applicable federal, state and local laws and regulations.

Witness my hand and signature on this, the ________ day of ________, 20___.

Engineer's Name
License #

A.5.3.

City of Oxford Planning Commission approval.

CITY OF OXFORD
STATE OF MISSISSIPPI

Approved and recommended for acceptance by the CITY OF OXFORD Planning Commission, this the ________ day of ________, 20___.

Name, CHAIRMAN
CITY OF OXFORD Planning Commission

A.5.4.

City engineer's certificate.

I certify that (developer) has complied with one of the following alternatives for (subdivision name). All improvements have been installed by the subdivider in accordance with the requirements of these regulations and with the action of the Board of Aldermen, giving approval of the preliminary plat, and accepting maintenance of utilities and streets.

A bond, certified check or irrevocable letter of credit has been posted by the subdivider which is available to the city in a sufficient amount to ensure completion of all required improvements.

As of this the ________ day of ________, 20___.

________________________

City Engineer Name
City Engineer, CITY OF OXFORD

A.5.5.

City of Oxford Board of Aldermen approval.

CITY OF OXFORD
COUNTY OF LAFAYETTE
STATE OF MISSISSIPPI

Approved and recommended for acceptance by the City of Oxford, Board of Aldermen, this the ________ day of ________, 20___.

________________________

Mayor Name
MAYOR, CITY OF OXFORD

A.5.6.

Restrictive covenants.

Recorded in Instrument number ________, of Land Records in the Chancery Clerk's Office of Lafayette County, Mississippi.

A.5.7.

Owner's certificate.

We, ________, as members of ________, and as owners of the tract of land herein described, certify that we did cause said land to be subdivided and platted, as shown on the attached plat of ________, and the streets are dedicated to the use of the public forever. Streets are hereby dedicated to the use by the public and/or private utility companies which serve this subdivision, subject to the regulations of and approval by the Board of Supervisors of Lafayette County. Utility easements are also dedicated to the public and/or private utility companies which serve this subdivision. Such subdivision and dedication is the owner's own act and deed of their own free will.

Witness my hand and signature this the ________ day of ________, 20___.

___________
Owner Name

___________
Notary Public

Company Name: ________

Address: ________

City, State Zip: ________

A.5.8.

Filing and recordation.

COUNTY OF LAFAYETTE

STATE OF MISSISSIPPI

Personally appeared before me, ________, CHANCERY CLERK, in and for Lafayette County, Mississippi, Owner Name, who executed the attached owner's certificate that was signed and delivered of their own free act and deed, and also appeared ________, PROFESSIONAL SURVEYOR, who executed the attached surveyor's certificate and acknowledged that it was signed and delivered as his own free act and deed.

Witness my hand and signature this the ________ day of ________, 20___.

________________________
CLERK'S NAME
CHANCERY CLERK
COUNTY OF LAFAYETTE
STATE OF MISSISSIPPI

I, ____________, CHANCERY CLERK in and for said county and state, hereby certify that this instrument was filed for record in my office at ____________ o'clock on the ____________ day of ____________________________________, 20____________, and was duly recorded in Plat Cabinet ____________, Slide ____________.

Witness my hand and signature this the____________ day of____________________________________, 20____________.

CLERK'S NAME
CHANCERY CLERK

The following, which may from time to time be modified by the planning department, are required for any landscape plan submittal:

A.6.1.

The date, scale, north arrow, title and name of the property owners;

A.6.2.

The approximate location of existing boundary lines, setback lines and rights-of-way;

A.6.3.

Existing and proposed building foot prints and dimensions of the building coverage, and location of existing and proposed streets, parking spaces and driveways;

A.6.4.

The location and size of paved and landscape areas, in square feet;

A.6.5.

The centerline of adjacent streets;

A.6.6.

The zoning of the site and adjacent properties;

A.6.7.

Location of available water for irrigation;

A.6.8.

Existing and proposed utilities overhead and underground (gas, telephone, water, sewer, cable, etc.);

A.6.9.

General location and labels for all proposed plants;

A.6.10.

Plant lists or schedules with the botanical and common name, quantity, and spacing of all proposed landscape materials at the time of planting, and planting and installation details, as necessary, to ensure conformance with all required standards;

A.6.11.

The location, size, species, and health of all significant and specimen trees and significant vegetation to be retained;

A.6.12.

The location size, species and health of all tree groves to be retained;

A.6.13.

The location, size, species, and health of all significant trees to be removed;

A.6.14.

Proposed retention walls;

A.6.15.

Floodplains and floodways;

A.6.16.

The species, size, and location of new trees to be planted;

A.6.17.

Clear depiction of the limits of soil disturbance to include all areas to be graded;

A.6.18.

All credit and mitigation calculations; and

A.6.19.

The measures to be implemented during construction for the protection of trees and vegetation to be retained that shall include, but not be limited to, fencing, limits of root pruning and restriction on traffic and materials storage.

A.7.1.

Contents. The site development plan required to be submitted under section 9.2 above and the requirement of these land development code regulations shall include the elements below. The contents for preliminary and final site plans in TND and PUD districts are given in section A.7.2 below. These elements may be altered from time to time by the planning director.

A.7.1.1.

Statement of ownership and control of the proposed development.

A.7.1.2.

Statement describing in detail the character and intended use of the development.

A.7.1.3.

A dimensioned site plan based on exact survey and/or properly recorded plat(s) of the property drawn to scale of sufficient size to show:

a.

Exact location of all buildings and structures.

b.

All means of ingress and egress.

c.

A detailed landscape plan.

d.

Off-street parking and loading areas.

e.

Refuse collection areas.

f.

Access to utilities and points of utilities hookup.

g.

Natural features such as streams, lakes or other topographic features.

A.7.1.4.

Grading plan, including existing and proposed topographic features on one-foot contours.

A.7.1.5.

Location of all utility poles, storm drains and transformers, both on the property or on adjacent rights-of-way.

A.7.1.6.

Storm drainage and sanitary sewer plans.

A.7.1.7.

Architectural definitions for buildings in the development; location, size and types.

a.

All building elevations shall be provided for sites zoned HUCN, sites located in the neighborhood conservation overlay district and/or require planning commission approval. Elevations to include human scale perspectives and line of visions from all public spaces and adjacent properties so the proposed project can be reviewed within the context of the existing built environment. In the instance that a site is located in an area undeveloped or primarily undeveloped, this requirement may be waived by the director of planning.

b.

Exterior materials and descriptions shall be provided for sites zoned HUCN, all sites located in the neighborhood conservation overlay district and/or require planning commission approval.

A.7.1.8.

Plans for recreation facilities, if any, including buildings for such use.

A.7.1.9.

Such additional data, maps, plans, or statements as may be required for the particular use or activity involved.

A.7.1.10.

Such additional data as the applicant may believe is pertinent to the site development plan.

A.7.1.11.

Design professional certification stating that the site development plan is in compliance with all applicable city ordinances except as noted, and standard acceptable practice.

A.7.1.12.

A traffic impact study/analysis at the discretion of the public works department or when any proposed site plan is expected to generate over 100 peak trips or 500 trips in an average day

A.7.1.13.

Items A.7.1.3, A.7.1.4, A.7.1.5, A.7.1.9 and A.7.1.10, A.7.1.11, and A.7.1.12 above shall be prepared by a registered surveyor, engineer, or architect as may be appropriate to the particular item.

A.7.1.14.

Staging plan to be utilized during construction.

A.7.1.15.

A signage plan for all proposed uses.

The site development plan required to be submitted under section 9.2 and the requirement of these land development code regulations shall include the elements below. These elements may be altered from time to time by the planning director.

A.8.1.

Preliminary site plan contents.

A.8.1.1.

Statement of ownership and control of the proposed development.

A.8.1.2.

Statement describing in detail the character and intended use of the development.

A.8.1.3.

A dimensioned site plan prepared by a registered surveyor, engineer, or architect as may be appropriate to the particular item. The site plan shall be based on exact survey and/or properly recorded plat(s) of the property drawn to scale of sufficient size to show:

a.

Proposed general location of all buildings and structures; including height, stories, and proposed use of each floor.

b.

All means of ingress and egress.

c.

A general landscape plan.

d.

Proposed off-street parking and loading areas.

e.

Refuse collection areas.

f.

Access to utilities and points of utilities hookup.

g.

Natural features such as streams, lakes or other topographic feature.

h.

Grading plan, including existing and proposed topographic features on two foot contours.

i.

Proposed location of all utility poles, storm drains and transformers, both on the property or on adjacent rights-of-way.

j.

Grading plan, including existing and proposed topographic features on one (1) foot contours.

A.8.1.4.

Storm drainage and sanitary sewer plans.

A.8.1.5.

Plans for recreation facilities, if any, including buildings for such use.

A.8.1.6.

Any additional data, maps, plans, or statements as may be required for the particular use or activity involved.

A.8.1.7.

Additional data as the applicant may believe is pertinent to the site development plan.

A.8.1.8.

Design professional certification stating that the site development plan is in compliance with all applicable city ordinances except as noted, and standard acceptable practice.

A.8.1.9.

A traffic impact study/analysis at the discretion of the public works department or when any proposed site plan is expected to generate over 100 peak trips 500 trips in an average day.

A.8.2.

Contents for Final Site Plan.

A.8.2.1.

Exact location of all buildings and structures, including height, stories, number of dwelling units and bedrooms (when applicable), intended specific uses on each floor.

A.8.2.2.

Final specific landscaping plans for open spaces, public spaces, and parking areas.

A.8.2.3.

Architectural definitions for all buildings in the development; including their location, size, and types as authorized in any approving documents.

A.8.2.4.

All building elevations to include human scale perspectives and line of visions from all public spaces and adjacent properties so the proposed project can be reviewed within the context of the existing built environment. In the instance that a site is located in an area undeveloped or primarily undeveloped, this requirement may be waived by the director of planning.

A.8.2.5.

Exterior materials and descriptions shall be provided to indicate compliance with approved architectural covenants or city standards.

A.8.2.6.

Staging plan to be utilized during construction.

The following, which may from time to time be modified by the planning department, are required for any landscape plan submittal:

A.9.1.

Trees and large shrubs must be adequately supported, when necessary, to insure proper growth; and support removed when the trees and shrubs are established, at the direction of the planning department.

A.9.2.

Appropriate measures shall be taken to ensure that any landscaped area required by this article shall not be encroached upon by any type of vehicle. All landscaped areas must be protected by an approved encroachment barrier, or bumper stop. A vehicle may overhang a landscaped area, provided that a minimum width of three feet in landscaped area remains.

A.9.3.

The maximum growth height of any landscaping within a corner sight triangle shall be limited to three feet.

A.9.4.

All landscaping soil and fill must be maintained and reasonably free from weeds, refuse, and debris at all times.

A.9.5.

Landscaping elements such as walls and fences shall be constructed in a sound workman-like manner with adequate support or footings and shall be repaired or replaced, as needed, to preserve an attractive appearance and to function as intended.

A.9.6.

Any dead plant material or material which fails to show healthy growth during a three-year period following installation which the director of planning determines has failed to show healthy growth must be removed within 60 days, dependent upon seasonal variations, after being identified.

A.9.7.

Replacement of removed plant material must take place within 90 days of removal or notification by the city, whichever occurs first unless an alternative plan for replacement is worked out with the director of planning.

A.9.8.

Any replacement plant material must meet the size and other characteristics of newly planted material as required in this ordinance.

A.9.9.

Maintenance of all landscaping is the responsibility of the owners, jointly and severally.

A.9.10.

Trees and large shrubs shall be adequately supported, when necessary, to insure proper insulation.

A.9.11.

Care during construction.

A.9.11.1.

All existing trees and shrubs to remain on the site as required landscaping shall be protected from vehicular movement and material storage over root spaces.

A.9.11.2.

Trees designated for protection must be completely enclosed by a fence. Fencing must be in place prior to any clearing or site work. Fencing must remain in place until all construction has been completed.

A.9.11.3.

All plant material that dies within one year after planting shall be replaced with plant material of the required size within 30 days of the plant material's death. This period may be extended if weather conditions inhibit installation of new plant materials.

A.9.12.

Maintenance after construction.

A.9.12.1.

All plant materials shall be maintained in an attractive and healthy condition by watering, mulching, fertilizing, pest management, mowing, weeding, removal of litter and dead plant material, and pruning as necessary.

A.9.12.2.

Dead or diseased plant materials shall be removed and replacement plant materials provided for any required trees or shrubs that die or are removed for any reason.

A.9.12.3.

Landscaping must coordinate with the landscaping of adjacent properties.

A.9.12.4.

Planting must be made so that at maturity service lines, traffic sight lines and adjacent properties are not interfered with.

A.10.1.

Preferred frontage trees. The following Master Tree List contains a recommended list of trees suitable for planting within the city in locations other than in a city right-of-way or water or sewer easement. Other species may be proposed, but consideration must be given to the suitability of such species to Oxford's climate, the location where such trees are to be planted, and the probability of survival. Planting materials suitable for use in a city right-of-way or sewer easement are noted in Sec. 98.136.C of the City Code of Ordinances.

(a)

Small trees; up to 20 feet in height:

(b)

Medium trees; 20 to 40 feet in height:

(c)

Large trees; 40 feet or above in height: Master Tree List.

(1)

Small tree; up to 20 feet in height:

(2)

Medium Trees; 20 to 40 feet in height:

(3)

Large Trees; 40 feet or above in height:

(4)

The master tree list is a recommended list of trees suitable for planting within the city. Other species may be planted, but consideration should be given to suitability of such species to Oxford's climate, the location where such trees are to be planted and the probability of survival.

A.10.2.

Preferred Parking Lot Canopy Trees. The Department of Planning maintains (and may modify from time to time) the detailed list of specifications for preferred canopy trees for use in parking lots

A.10.3.

Do Not Plant List.

A.10.3.1.

Callery Pear (including cultivars like 'Bradford' and 'Cleveland'): Pyrus Calleryana species and cultivars.

A.10.3.2.

Chinese Elm (Lacebark Elm): Ulmus Parvifolia species and cultivars.

A.10.3.3.

Green and White Ash: Fraxinus Americana and Fraxinus Pennsylvanica species and cultivars.

A.10.3.4.

Japanese Zelkova: Zelkova Serrata species and cultivars.

A10.3.5.

Narrow Maturing Cultivars in parking lots or other areas where a narrow cultivar is not important; these include, but are not limited to:

a.

'Slender Silhouette' Sweetgum—Liquidambar Styraciflua 'Slender Silhouette'

b.

'Arnold' or 'Emerald City' Tulip Poplar—Liriodendron Tulipifera 'Arnold' or 'Emerald City'

c.

'Beacon' Swamp White Oak—Quercus Bicolor' Bonnie and Mike'

d.

'Shawnee Brave' Bald Cyprus—Taxodium Distichum 'Shawnee Brave'

e.

Any of the English Oak Cultivars or English Oak hybrid cultivars—Quercus Robur species and cultivars

A.10.4.

Heritage Trees: The list of Heritage Trees for Oxford may be modified from time to time by the Tree Board for the City of Oxford.

Heritage Trees:

The list of Heritage Trees for Oxford may be modified from time to time by the Tree Board for the City of Oxford.

(Ord. No. 2023-11A, § I, 7-5-2023)

A.11.1.

General requirements. Each sexually oriented business and its employees, agents or other representatives shall observe the following general requirements, regulations, and standards of conduct:

a.

Conform to all applicable building codes, statutes, ordinances and regulations, whether federal, state or local.

b.

Conform to all applicable fire statutes, codes, ordinances and regulations, whether federal, state or local.

c.

Conform to all applicable health statutes, codes, ordinances and regulations, whether federal, state or local.

d.

Conform to all applicable zoning regulations and land use laws.

e.

Keep the sexually oriented business license and the name of the manager on duty posted in a conspicuous place at the establishment at all times, which license and the name of the manager on duty shall be available for inspection upon request at all times by the public.

f.

Opaquely cover each non-opaque area through which a person outside the establishment may otherwise see inside the establishment.

g.

No employee, entertainer or another person shall at any time engage in any exhibition, performance or dance, except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.

h.

No employee or entertainer shall knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

i.

No employee or entertainer shall touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

j.

No employee or entertainer shall wear or use any device or cover exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, buttocks or any portion of the pubic region.

k.

No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.

l.

No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this article.

m.

No entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion.

n.

No person shall touch, caress or fondle the breasts, buttocks, anus or genitals of any employee, entertainer or manager while on the premises of the sexually oriented business.

o.

No person under the age of 21 shall be allowed or permitted on the premises of a sexually oriented business.

p.

No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume or clothing to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals.

q.

No sexually oriented business shall operate or conduct business or remain open to the public between the hours of 12:00 midnight and 10:00 a.m.

r.

No person shall engage in any specified sexual activities while on the premises of any sexually oriented business.

A.11.2.

Special requirements. Each sexually oriented business and its employees, agents or other representatives shall observe the following special requirements, regulations, and standards of conduct:

a.

No person or employee shall expose to public view his specified anatomical areas or any simulation thereof in any sexually oriented business or another business establishment.

b.

No person owning, maintaining or operating a sexually oriented business or another business establishment shall suffer or permit any person or employee to expose to public view his specified anatomical areas or any simulation thereof within the establishment.

c.

No person shall cause and no person maintaining, owning or operating a sexually oriented business or another business establishment shall suffer or permit the exposition of any graphic representation, including pictures or projection of film, which depict specified anatomical areas, any specified sexual activities or any other sexual act prohibited by law, or any simulation thereof.

d.

No sexually oriented business shall serve or allow the consumption of alcoholic beverages on its premises. For this article, alcoholic beverages include, but are not limited to, light wine or beer.

A.11.3.

Short term rental motels.

a.

Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period that is less than ten hours, creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.

b.

It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit, rents, or sub-rents a sleeping room to a person, and within ten hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again.

c.

For purposes of subsection (b) of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

A.11.4.

Exhibition of sexually explicit films or videos.

a.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises a viewing room of less than 150 square feet of floor space, a film, video cassettes, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with all the following requirements.

b.

Upon application for a sexually oriented permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director of planning may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

c.

The application shall be sworn to be true and correct by the applicant.

d.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the director of planning or his designee.

e.

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

f.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

g.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed.

h.

No viewing room may be occupied by more than one person at any time.

i.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, at an illumination of not less than one foot-candle, as measured at the floor level.

j.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the businesses.