[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991,
§ 3]
A commercial establishment having as a substantial or significant
portion of its stock in trade, books, magazines, photographs or other
materials which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas" (as defined below), or
an establishment with a segment or section devoted to the sale or
display of such material.
An establishment used for presenting motion pictures distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to "specified anatomical areas" (as defined below) for observation
by patrons therein.
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers, or employees,
strippers, simulated sex acts, live or actual sex acts, or similar
entertainers or entertainments.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991,
§ 3]
It shall be unlawful to establish an adult book store or adult
motion picture theater or cabaret in any residential zone.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991,
§ 3]
It shall be unlawful to establish an adult book store, an adult
motion picture theater, or cabaret within 1,000 lineal feet of any
existing adult book store, adult motion picture theater, or cabaret.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991,
§ 3]
1.
It shall be unlawful to establish an adult book store, adult motion picture theater, or cabaret within 1,000 feet of any school, church, or residential zone, except as a special exception in accordance with the procedure set forth in § 27-2302. The Zoning Hearing Board may authorize the establishment of an adult book store, adult motion picture theater, or cabaret within 1,000 feet of a school, church, or residential zone as a special exception only if the following findings are made by the Board:
A.
The applicant has presented to the Board a petition which indicates
approval of the proposed use by 51% of the persons owning, residing
or doing business within the radius of 1,000 feet of the location
of the proposed use. The applicant shall have attempted to contact
all eligible locations within this radius, and must supply a list
of all addresses at which no contact was made. The circulator of the
petition shall have subscribed 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
names appear thereon.
B.
The proposed use will not adversely affect the safe and comfortable
enjoyment of properties in the neighborhood and will not be detrimental
to the general character of the area.
C.
The establishment of the proposed use in the area will not be contrary
to any program of neighborhood conservation and will not interfere
with any program of urban renewal.
