[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.
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.
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.
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.
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.
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.
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.
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.
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" is defined as
"Specified sexual activities" 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.
