[Ord. No. 212 §706.010, 7-1-1986]
As used in this Chapter, the following words and/or phrases shall have the following meanings as set out herein:
- Persons who have attained the age of at least eighteen (18) years.
- ADULT BOOKSTORE
- An establishment or business have as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein and limited in sale of such sexual material to adults.
- ADULT ENTERTAINMENT FACILITY
- 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.
- ADULT MOTION PICTURE THEATER
- An enclosed building with a capacity of two (2) or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or related to "specified sexual activities: or "specified anatomical areas" as defined herein, for observation by patrons therein.
- ARTIST — BODY PAINTING STUDIO
- An establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude.
- BATH HOUSE
- An establishment or business which provide the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State.
- A facility for religious use.
- MASSAGE PARLOR OR SHOP
- An establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State.
- MODELING STUDIO
- An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
- OWNING PROPERTY
- A present freehold or non-freehold interest in real property.
- A public elementary, secondary or high school; and in private schools with curricula equivalent to that of public elementary, secondary, or high schools.
- SPECIFIED ANATOMICAL AREA
- "Specified anatomical area" is defined as
[Ord. No. 212 §706.020, 7-1-1986]
No adult bookstore, adult entertainment facility, adult motion picture theater, bath house, massage parlor or shop, modeling studio or artist body painting studio shall be established within one thousand five hundred (1,500) feet of any church, school area zoned for residential use or any other use regulated by this Section.
[Ord. No. 212 §706.030, 7-1-1986]
The limitations set forth in Section 640.020 may be waived if the person applying for the waiver shall file with the Board of Aldermen of the City of Northmoor a petition which indicates approval of the proposed regulated use by sixty percent (60%) of the persons residing or owning property within a radius of one thousand five hundred (1,500) feet of the location of the proposed use. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon. The petitioning consent provided for in this Section shall state with particularity and in detail the proposed use for which the waiver is sought and must be approved as to form by the Board of Aldermen of the City of Northmoor prior to the circulation of the petition.
[Ord. No. 212 §706.040, 7-1-1986]
[Ord. No. 212 §706.050, 7-1-1986]
This Chapter does not apply to any preexisting uses engaged in active operation of a regulated business on July 1, 1986. The lawful operation of a regulated use in active operation on July 1, 1986, may be continued although such use does not conform to the regulations of this Chapter.