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. Words and terms not herein defined shall have the meaning customarily assigned to them. Words used in the present tense include the future tense; the singular includes the plural, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive. The zoning administrator's finding that any of the following definitions accurately describe a use or proposed use shall be presumed to be correct unless the subject owner or operator rebuts the presumption by clear and convincing evidence.

Adult bookstore or adult video store means an establishment that:

(1)

Has as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of any one or more of the following: publications (including books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations) that are characterized or distinguished by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," and/or instruments, devices or equipment that are designed for use in connection with "specified sexual activities," or

(2)

Receives a majority of its gross income during any calendar month from the sale, rental, or viewing of any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations that are characterized or distinguished by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," and/or instruments, devices, or equipment that are designed for use in connection with "specified sexual activities."

Adult drive-in theater means an open lot or part thereof with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult entertainment establishment means a restaurant, nightclub, private club, or similar establishment that features, at any time, live performances or employment-related activities involving persons who are nude or seminude. This definition shall not apply to a legitimate theatrical performance where nudity or semi nudity is only incidental to the primary purpose of the performance. For the purposes of this definition, "seminude" shall mean:

(1)

Less than completely and opaquely covered human genitals, anus, pubic region, buttocks, areolae of the female breast, or female breasts below a point immediately above the top of the areolae, excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not fully or partially exposed;

(2)

Human male genitals in a state of arousal even if completely and opaquely covered.

Adult minimotion picture theater means an establishment with a capacity of more than five, but less than 50, persons where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a preponderant portion of the total presentation time is devoted to the showing of material that is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult model studio means any establishment open to the public where for any form of consideration or gratuity figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons paying such consideration or gratuity. This provision shall not apply to any school of art that is operated by an individual, firm, association, partnership, corporation or institution that meets the requirements established in Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

Adult motion picture arcade means any place to which the public is permitted or invited wherein 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 "specified sexual activities" or "specified anatomical areas."

Adult motion picture theater means an establishment with a capacity of 50 or more persons where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a preponderant portion of the total presentation time is devoted to the showing of material that is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult use means any adult bookstore, adult video store, adult entertainment establishment, adult motion picture theater, adult minimotion picture theater, adult motion picture arcade, adult model studio, or adult drive-in theater, as defined herein. Also included are establishments that sell instruments, devices or equipment that are designed for use in connection with specified sexual activities.

Specified anatomical areas means:

(1)

Less than completely and/or opaquely covered human genitals, anus, pubic regions, buttocks, areolae of the female breast, or female breasts below a point immediately above the top of the areolae, excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not fully or partially exposed.

(2)

Human male genitals in a state of arousal even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

(Ord. No. 2005-08, § 1, 7-12-2005)

(a)

Intent: Within the county, it is recognized that there are some uses that because of their nature are recognized as having serious objectionable operational characteristics particularly when several of them are located in a concentrated manner in near proximity to each other or located in direct proximity to residential neighborhoods and/or certain other types of uses thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects.

(b)

Uses subject to regulation by this article are as follows:

(1)

Adult bookstore or adult video store.

(2)

Adult drive-in theater.

(3)

Adult entertainment establishment.

(4)

Adult mini-motion picture theater.

(5)

Adult model studio.

(6)

Adult motion picture arcade.

(7)

Adult motion picture theater.

(8)

Adult use.

(Ord. No. 2005-08, § 1, 7-12-2005)

Each of the uses regulated by this article shall require a special exception permit. Such permit shall be subject to the requirements of this chapter. These uses may only be considered in the business, general (B-2) and industrial, general (M-2) zoning districts as follows:

"S" denotes the requirement of a special exception permit.

(Ord. No. 2005-08, § 1, 7-12-2005)

(a)

No adult use may be established within 1,500 feet of any other such adult use in any zoning district.

(b)

No adult use may be established within 1,000 feet of the following zoned districts:

(1)

Residential, Limited, District (R-1);

(2)

Residential, General, District (R-2);

(3)

Village District;

(4)

Konnarock District;

(5)

Shoreland Recreational District;

(6)

Residential, Manufactured Home District (MHR);

(7)

Planned Unit Development, Limited, District (P-1).

(c)

No adult use may be established within 1,500 feet of any church or other place of worship, public library, public or private school, educational institution, public park, playground, playfield, tourist home, child day care center, hotel, or motel.

(d)

The establishment of any adult use as referred to herein 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, in whole or in part, of an existing business to any adult use.

(Ord. No. 2005-08, § 1, 7-12-2005)