Article 33 — SPACING OF BLIGHT INDUCING ENTERPRISES

(Amended by O-2942)

Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, and sexual paraphernalia stores are restricted uses for purposes of this Article.

(Amended by O-2942)

a) Adult Book Store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and periodicals which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein, or an establishment which devotes five (5) percent or more of its retail floor space to the sale or display of such material.

b) Adult Motion Picture Theatre: An enclosed or unenclosed building or structure with a capacity of fifty (50) or more persons, used more than ten (10) percent of the time for presentation of material distinguished or characterized with an emphasis on matter depicting, describing, or related to specified sexual activities or specified anatomical areas as defined herein, for observation by patrons therein.

c) Adult Mini-Motion Picture Theater: An enclosed or unenclosed building or structure having a capacity of fifty (50) persons or less which is used for presentation of material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or to specified anatomical areas as defined herein, for observation by patrons therein.

d) Sexual Paraphernalia Store: An establishment having as a substantial or significant portion of its stock in trade materials designed for the use in or simulation of specified sexual activities as defined herein or an establishment which devotes more than five (5) percent of its retail floor space to the sale or display of such material. e) Specified Sexual Activities:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse, sodomy, sadism or masochism;

3. Fondling or other erotic touching of human genitals, pubic regions, buttock or female breast.

f) Specified Anatomical Areas:

1. Human genitals or pubic region, buttocks or female breasts below a point immediately above the top of the areola when not completely and opaquely covered.

a) It shall be unlawful to locate any of the uses listed in Section 92.33.1. within a radius of one thousand (1,000) feet of any property zoned or used for residential purposes.

b) It shall be unlawful to locate any of the uses listed in Section 92.33.1. within a radius of one thousand (1,000) feet of any public school, park or playground.

c) It shall be unlawful to locate any of the uses listed in Section 92.33.1. within one thousand (1,000) feet of any existing structure or property containing such use.

The uses identified in Section 92.33.1. of this Code shall be permitted, subject to approval of a Conditional Use Permit in accordance with Chapter 5 of this Division, subject to the following criteria:

a) That the proposed use will not be contrary to the public interest or injurious to nearby properties.

b) That the proposed use will not encourage development or enlargement of a skid-row area.

c) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.

d) That a Conditional Use Permit shall be approved as required by Chapter 5 of this Division 9