[Added 3-23-1995]
As used in this article, the following terms shall have the
meanings indicated:
An establishment having a stock-in-trade consisting partially
or totally of books, magazines and any other periodicals or films
(including videos or compact discs) for sale, rent or viewing on premises
by use of motion picture devices or any other coin-operated means
and which establishment has greater than 25% of said enumerated stock-in-trade
which is distinguished or characterized by its emphasis on matters
depicting, describing or related to specified sexual activities or
specified anatomical areas.
A public or private establishment which features topless
dancers, strippers, male or female impersonators or similar entertainers.
An enclosed building with a capacity of fewer than 50 persons
used for 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 therein.
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme 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 therein.
Any person, firm, partnership, corporation, association or
legal representative acting individually or jointly.
Adult uses, including but not limited to adult bookstores, adult
motion-picture theaters, adult mini-motion-picture theaters and adult
entertainment cabarets, shall be permitted subject to the following
restrictions:
A.
No such adult use shall be allowed within 500 feet of another existing
adult use.
B.
No such adult use shall be located within 125 feet of the boundaries
of any zoning district which is zoned for residential use (those zones
designated R-1, R-2 or R+A).
C.
No such adult use shall be located within 1,000 feet of a preexisting
school, place of worship, public playground or park.
D.
No such adult use shall be located in any zoning district except
the Industrial (I-1) District.
E.
No adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This provision shall
apply to any display, decoration, sign, show window or other opening.
A.
The owner of a building or premises, his agent for the purpose of
managing or controlling or collecting rents or any other person managing
or controlling a building or premises, any part of which contains
an adult use, shall apply to the Code Enforcement Officer for a permit,
and such application shall provide the following:
(1)
The address of the premises.
(2)
The name and addresses of the owner of the premises and the
names and addresses of the beneficial owners if the property is in
a land trust.
(3)
The name of the business or the establishment subject to the
provisions of this article.
(4)
The name(s) and address(es) of the owner, beneficial owner or
the major stockholder(s) of the business or the establishment subject
to the provisions of this article.
(5)
The date of initiation of the adult use.
(6)
The nature and quantity of the adult use.
(7)
If the premises or building is leased, a copy of said lease.
(8)
A site plan depicting the interior and exterior of the premises
and the adult use, including signage and displays.
B.
A permit for an adult use shall be granted by the Code Enforcement
Officer if the applicant meets the standards set forth in this article
and all applicable provisions of this chapter.
