A.
ADULT-ORIENTED ESTABLISHMENT — Includes, but
is not limited to, "adult bookstores", "adult motion picture theaters",
"adult mini-motion picture establishments", or "adult cabarets". It
further means any premises to which public patrons or members are
invited or admitted and which are so physically arranged so as to
provide booths, cubicles, rooms, compartments or stalls separate from
the common areas of the premises for the purposes of viewing adult-oriented
motion pictures, or wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, whether or not such
adult entertainment is held, conducted, operated or maintained for
a profit, direct or indirect.
B.
ADULT BOOKSTORE — An establishment having
as a substantial or significant portion of its stock in trade, for
sale, rent, lease, inspection or viewing, books, films, video cassettes,
DVDs, magazines or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or related to "specified
anatomical areas", or "specified sexual activities", as defined below,
or an establishment with a segment or section devoted to the sale,
rental or display of such material.
C.
ADULT MOTION PICTURE THEATER — An enclosed
building with a capacity of 50 or more persons used for presenting
material having as its dominant theme, or distinguished or characterized
by an emphasis on, matters depicting, describing or relating to "specified
sexual activities", or "specified anatomical areas", as defined below,
for observation by patrons therein.
D.
ADULT MINI-MOTION PICTURE THEATER — An enclosed
building with a capacity of less than 50 persons used for presenting
material having as its dominant theme, or distinguished or characterized
by an emphasis on, matters depicting, describing or relating to "specified
sexual activities", or "specified anatomical areas", as defined below,
for observation by patrons therein.
E.
ADULT CABARET — A cabaret which features dancers,
strippers, male or female impersonators, or similar entertainers,
performing or presenting material having as its dominant theme, or
distinguished or characterized by an emphasis on, any actual or simulated
"specified sexual activities", or "specified anatomical areas", as
defined below, except as is prohibited by § 10.30 of the
Municipal Code.
F.
ADULT ENTERTAINMENT — Any motion pictures,
live performance, display or dance of any type, which has as its dominant
theme, or is distinguished or characterized by an emphasis on, any
actual or simulated "specified sexual activities", or "specified anatomical
areas", as defined below, except as prohibited by § 10.30
of the Municipal Code.
G.
SPECIFIED SEXUAL ACTIVITIES — Simulated or
actual:
A.
In M-1 and M-2 Districts, adult-oriented establishments
shall not locate within 1,000 feet of any residential district, any
public or private school, child care center, church, religious institution,
or any public park, and shall not locate within 1,000 feet of any
tavern entertainment licensed premises or any other adult-oriented
establishment.
B.
Adult-oriented establishments, as defined, are prohibited
in all zones, except M-1 and M-2 Districts.
C.
Standards of Measurement. The distances provided
in this section shall be measured in a straight line without regard
to intervening structures or objects from the closest point of the
structure or portion of the structure occupied or proposed for occupancy
by the adult-oriented establishment to the nearest point of the parcel
of property or land use district boundary line from which the proposed
land use is to be separated.
In all zones where adult-oriented establishments are permitted,
all regulations and requirements of the City of Franklin Zoning Code
and all other applicable laws, statutes, rules and orders must be
met. Additionally, all provisions of the zoning district in which
the establishment is located must also be met.
The several sections of this Ordinance are declared to be severable.
If any section or portion thereof shall be declared by a decision
of a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the validity
of all other provisions, sections or portions thereof of the Ordinance
which shall remain in full force and effect.