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:
ADULT BOOKSTORE
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.
ADULT MINI MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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.
CABARET
An establishment which features or permits topless dancers,
bottomless dancers, strippers or persons engaged in specified sexual
activities or similar entertainers.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below a point immediately
above the top of the areola; and
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation
or arousal.
B.
Acts of human masturbation, sexual intercourse
or sodomy.
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
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.