[HISTORY: Adopted by the Board of Trustees of the Village of Florida 10-10-1978 by L.L. No. 1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 119.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics; that such activities are deleterious to the health, welfare and well-being of the Village of Florida and those who live within the Village; and that the concentration of such activities can and does adversely and seriously endanger the adjacent areas thereto. It is recognized that special regulation of these uses is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. It is further recognized that, because the Village of Florida is a small village, the proliferation of such uses could dangerously affect the welfare of the entire community and that regulation is required in order to prevent such endangering.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantial portion of its stock-in-trade, sexual devices, books, magazines, other periodicals, films and other viewing materials, both audio and visual, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATER
A building used for presenting films which are distributed in forms of less than thirty-five-millimeter distribution standards, which films are characterized by an emphasis on matter depicting or describing or related to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of actual or apparent sexual activity, sexual stimulation or sexual gratification.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
B. 
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A. 
Human genitals in the state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of the human genitals, pubic region, buttock or female breast.
Adult bookstores and adult motion-picture theaters are hereby deemed to be special uses subject to approval by the Planning Board and located only in an HC District.[1]
[1]
Editor's Note: See Ch. 119, Zoning.
A. 
All adult bookstores and adult motion-picture theaters are required to furnish five parking spaces for each 100 square feet of floor space in the store or theater.
B. 
No adult bookstore or adult motion-picture theater shall be located within 1,000 feet of any church property, residential property, commercial property or school property.
C. 
Any adult bookstore or adult-motion-picture theater shall be located in a one-floor building with a minimum of 2,000 square feet and a maximum of 5,000 square feet.
D. 
Any adult bookstore or adult motion-picture theater must be equipped with a sprinkler system and shall have the required number of exits.
E. 
Any building used for an adult bookstore or adult motion-picture theater may have an exterior six-square-foot sign, plain artistic representation.
F. 
There shall be no exposure of the interior adult bookstore or adult motion-picture theater to the outside and no outside displays.
G. 
The legal age for admittance to an adult bookstore or adult motion-picture theater is 18 years of age.
[Amended 2-10-1987 by L.L. No. 1-1987.
Violators of this chapter shall be subject to a maximum fine of $250 or imprisonment for not more than 15 days, or both, and each day of violation shall constitute a separate violation.