(a)

Definitions. 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 business means and is/are defined and classified as follows:

(1)

Adult amusement or entertainment means amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, as defined in this section, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

(2)

Adult bookstore means an establishment wherein ten percent or more of its display area consists of books, films, videos, magazines, periodicals, games, novelties or other materials which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas (referred to in this section as sexually oriented materials). The display area, as used in this definitions, shall be measured as follows:

a.

Bookshelves, magazine racks and similar display devices: Display area shall be calculated by multiplying the length times the width of such devices. If sexually oriented materials are mixed with nonsexually oriented materials in or on such devices, the entire device shall be considered as consisting of sexually oriented materials.

b.

Tabletops, counters, display cases and similar display devices: Display area shall be calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually oriented materials are mixed with nonsexually oriented materials on such surfaces, the entire surface shall be considered as consisting of sexually oriented materials.

c.

Walls: Display area shall be the area of the wall enclosed by the smallest imaginary rectangle which contains each item.

d.

Merchandise hanging or suspended from the ceiling: Display area shall be calculated by multiplying the item's length or width, whichever is longer, times the item's height.

(3)

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(4)

Adult motel means a motel where material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(5)

Adult motion picture arcade means any place to which the public is permitted or invited where coin- or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(6)

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(7)

Massage parlor means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

(8)

Model studio means any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

(9)

Sexual encounter center means any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities.

Sexual conduct includes the following:

(1)

The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

(3)

Masturbation; and

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Specified anatomical areas includes the following:

(1)

Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;

(2)

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

(b)

Prohibition. No person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any business as defined in subsection (a) of this section, except by specific use permit in an area zoned CB, CG, CS, IL or IG. In addition, no person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any of the adult business as defined in subsection (a) of this section, within 1,000 feet from:

(1)

Any other adult business. Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted, to the nearest point of the wall of the portion of the building in which another adult business is conducted;

(2)

A church. The term "church," as used in this section, means all contiguous property owned or leased by a church upon which is located the principal church building or structure, irrespective of any interior lot lines. Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted to the nearest point of the church property. However, when church use is located in a building principally used for commercial or office purposes (as in a shopping center), the distance shall be measured to the nearest building wall of the portion of the building used for church purposes.

(3)

A school. For purposes of this section, the term "school" means public or private elementary or secondary school, vocational-technical institution, college, university, or other institution of higher education. The term "school," as used in this section, shall further mean all contiguous property owned or leased by a school upon which is located the principal school buildings irrespective of any interior lot lines. Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted to the nearest point of the school property.

(4)

A public or private park or sports facility. Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted to the nearest point on the park property.

(5)

A residentially (R) zoned area or from a habitable dwelling located in an area zoned for agricultural use (A). Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted, to the nearest point on a residential zoning district boundary line or to the nearest point of a wall of a habitable dwelling in an area zoned for agricultural purposes.

(6)

Any museum, library, property or facility where providing services to minors under the age of 18. These uses include, but are not limited to, children's preschools, children's nurseries, children's day camps, juvenile delinquency centers, children's campgrounds, children's group homes, children's day care centers, youth centers, libraries, and museums. Such distance shall be measured in a straight line from the nearest point of the wall of the portion of the building wherein adult business is conducted to the nearest point on the property containing the use.

The establishment of an adult business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location to any of the uses described in subsection (a) of this section. If a use described in subsections (b)(1)—(6) of this section is established less than 1,000 feet from an existing lawful adult business, the spacing requirements of this section shall not apply as it relates to said use.

(c)

Preexisting use. An adult business as defined and classified in subsection (a) of this section lawfully existing at the effective date of the ordinance from which this chapter is derived that does not comply with the requirements of this chapter, shall be deemed nonconforming and may continue subject to the following provisions:

(1)

No such use may be enlarged or extended, nor changed to a default use prohibited by this section.

(2)

If the use of a nonconforming adult business is discontinued for any reason whatsoever for a period of one year more, such use shall not be reestablished unless it complies with all of the requirements of this Code.

(3)

In the event that two or more adult businesses are separated by a lesser distance than required by this chapter, the first such adult business licensed and continually operating at a particular location shall be deemed a conforming use as to spacing and the later established businesses shall be deemed nonconforming.

(4)

If an adult business is located on property annexed by the city after the effective date of the ordinance from which this chapter is derived, the provisions of section 23-426 shall not apply to any such use, and any such nonconformity shall be governed by this section.

(d)

Periodic review. Beginning March 15, 2010, and every four years thereafter, the city manager shall cause a review to be conducted on the spacing requirements of adult businesses from other uses and propose any amendments necessary to preserve the interests protected by this section.

(Ord. No. 3065, § 3, 3-23-2009)