Hamlin Township Zoning Ordinance No. 34
Effective April 15, 1994
Proposed Article 15 - Adult Businesses
This is due to go into effect 6/15/97. A petition
for a referendum was filed to force this issue to be placed on the ballot
for the voters of Hamlin Township to decide.
The election date has not yet been announced
To read the ordinance continue on
ARTICLE 15 .... Adult Businesses
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15.01 PURPOSE
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The purpose of this ordinance is to provide for the particular needs
of adult entertainment, while protecting children from the adverse impact
of such uses.
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15.02 LOCATION
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Adult Entertainment Establishments may be located only in the following
districts.
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A. Agricultural District
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B. Industrial District - one parcel of 80 acres-one owner-poor access
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C. Commercial District- no sites meet the setback requirements at this
time
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15.03 PERMITTED USES
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A. Adult Bookstore
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B. Adult Cabaret
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C. Adult Personal Service Establishment
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D. Adult Motion Picture Theater
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E. Massage Parlor
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15.04 LOCATION RESTRICTIONS
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A. No adult entertainment establishment may be established, operated
or maintained within 500 feet of a PR,R-1, R-2 or R-3 residential zoning
district, or 1,000 feet of an existing residence. The establishment must
be located with a minimum 300 ft. setback from any road, and a minimum
100 ft. setback from the property line on either side and rear.
B. No adult entertainment establishments may be established,
operated or maintained within 1,000 feet of a church, state licensed day
care facility, public library, public park, public educational facilities
serving persons age seventeen (17) or younger, an elementary school, or
high school. The establishment must be located with a minimum 300 ft. setback
from any road, and a minimum 100 ft. setback from the property line on
either side and rear.
C. No adult entertainment establishments may be established,
operated or maintained within 1,000 feet of any other adult entertainment
establishments.
D. Distance limitations shall be measured in a straight
line from the parcel or lot lines of both the subject parcel and parcels
zoned residential or occupied by the uses specified above.
E. No merchandise or pictures of the products or entertainment
on the premises shall be displayed in window areas or any areas where they
can be viewed from a public street or sidewalk adjacent to the establishment.
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15.05 DEFINITIONS
A. Adult Bookstore - An establishment that has
a substantial portion of its stock-in-trade and offers for sale, for any
form of consideration, any one or more of the following: a) books, magazines,
periodicals or other printed matter, or photographs, films, movies, motion
pictures, video cassettes, slides or other visual representations that
are characterized by an emphasis on the depiction or description of specified
sexual activities or specified anatomical areas, or b) instruments, devices
or paraphernalia designed for use as part of, or in connection with, specified
sexual activities.
B. Adult Cabaret - A nightclub, bar, restaurant,
lounge, dance hall, or similar establishment where, for any form of consideration,
employees and/or entertainers provide patrons, guests or members with exposure
to specified anatomical areas or specified sexual activities, on a regular,
irregular or special event basis.
C. Adult Personal Service Establishment - An
establishment or business having as a substantial portion of its activities,
one or more persons who for any form of consideration, while nude or partially
nude, provide personal services for one or more other persons in a closed
room consisting of actual or simulated specified sexual activities, or
erotic modeling, rubs, body painting, wrestling, or theatrical performances
which are characterized by, or include emphasis on, the display of specified
anatomical areas.
D. Adult Motion Picture Theater - An establishment
where, for any form of consideration, films, motion pictures, videos, slides
or other photographic reproductions are shown and in which a substantial
portion of the total presentation is devoted to the showing of material
characterized by an emphasis on the depiction or description of specified
anatomical areas or specified sexual activities.
E. Massage Parlor - An establishment where persons
conduct or permit to be conducted or engaged in, massages of the human
body or parts thereof by means of pressure, imposed friction, stroking,
kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating
the same with hands or other parts of the human body, mechanical devices,
creams, ointments, oils, alcohol or any other means of preparations to
provide relaxation or enjoyment to the recipient.
F. Substantial Portion - Substantial portion
means a use or activity accounting for more than five (5%) percent of any
one or more of the following: stock-in-trade, display space, floor space,
or viewing time, movie display time, or entertainment time measured per
month.
G. Specified Anatomical Areas - Specified anatomical
areas means and includes any one or more of the following: a) less than
completely covered human genitals, pubic region, buttocks, anus, or female
breasts below a point immediately above the top of the areolae; or b) human
male genitals in a discernible turgid state, even if completely and opaquely
covered.
H. Specified Sexual Activities - Specified sexual
activities means and includes any one or more of the following: a) the
fondling or erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts; b) human sex acts, normal or perverted, actual
or simulated, including but not limited to intercourse, oral copulation,
and sodomy; c) human masturbation, actual or simulated; d) human excretory
functions as part of, or as related to any of the activities described
above; and e) physical violence, bondage, mutilation, or rape, actual or
simulated, as part of or as related to, any of the activities described
above.
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