A.
It is recognized that there are some uses which, because
of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when several of them are
concentrated under certain circumstances, 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. Uses
subject to these controls are as follows:
It is declared to be the purpose and intent
of this article to protect the public health, safety, welfare and
morals of the community, to promote the stability of property values,
and to impose restrictions upon those activities which pander to gross
sexuality in a manner that would detract from the neighborhood, adversely
affect the property values, increase crime and violence, and be repugnant
to the morals of the community. In recognition of the protections
afforded to the citizens under the First and Fourteenth Amendments,
it is not the intent of this article to inhibit freedom of speech
or the press.
For the purpose of this article the following
words shall have the following meanings:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section devoted
to the sale or display of such material.
Any structure with a capacity of fewer than 50 persons used
for presenting material distinguished or characterized by its emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
Any structure with a capacity of 50 or more 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 establishment which features or permits topless dancers,
bottomless dancers, strippers or persons engaged in specified sexual
activities or similar entertainers.
The Common Council may waive the five-hundred and one-thousand-foot requirements described in § 430-65. A request for a waiver shall be submitted in writing to the Plan Commission. The Plan Commission shall review the request for a waiver and shall recommend to the Common Council whether the waiver should be granted or denied. No waiver shall be granted unless it is found that the proposed use will not be contrary to the public interest or injurious to nearby properties and also that the spirit and intent of this article will be observed.
