ZONING AMENDMENTS EFFECTIVE 11/7/02

NEW DEFINITIONS: 

Adult Arcade An establishment where, for any form of consideration, one or more motion
picture projectors, slide projectors, or similar machines for viewing by five
or fewer persons each are used to show films, motion pictures, video
cassettes, slides, or other photographic reproductions that are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.

Adult Bookstore An establishment that has as a substantial portion of its stock-in-trade and
offers for sale, for any form of consideration, any one or more of the
following (1) books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, slides, or other visual
representations that are characterized by emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas; or (2)
instruments, devices, or paraphernalia that are designed for use in connection
with specifies sexual activities.

Adult Cabaret A nightclub, bar, restaurant, facility, or similar establishment that regularly
features live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion pictures,
video cassettes, slides or other photographic reproductions of material that is
characterized by any emphasis upon the depiction of specified sexual
activities or specifies anatomical areas.

Adult Mini Motion An enclosed building with a capacity for fewer than 50 persons used for
Picture Theater presenting material distinguished or characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or specified
anatomical areas as herein defined, for observation by patrons therein. The
phrase "used for" in this definition shall mean a regular and substantial course
of conduct and not a one-time presentation of such material.

Adult Sauna A sauna which excludes minors by reason of age, or which provides a steam
bath or heat bathing room used for the purpose of bathing, relaxation, or
reducing, using steam or hot air as a cleaning, relaxing or reducing agent, if
the service provided by the sauna is distinguished or characterized by an
emphasis on specified sexual activities or specified anatomical areas as
defined herein.

Adult Theater A theater, concert hall, auditorium, or similar establishment characterized by
activities featuring the exposure of specified anatomical areas or by specified
sexual activities.

Sexual Paraphernalia Store Any retail store specializing in the sale of paraphernalia, devices, or
equipment distinguished or characterized by an emphasis on depicting or
describing specific sexual activities or used in connection with specified
sexual activities.

Specified Anatomical Area As used herein specified anatomical areas means and includes any of the
following: (1) less than completely and opaquely covered human genitals,
public region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or (2) human male genitals in a discernibly
turgid state, even if completely or opaquely covered.

Specified Sexual Activities As herein, specific sexual activities means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or
simulated, including intercourse, oral copulation, or sodomy; (3)
masturbation, actual or simulated; or (4) excretory functions, when such
activities are a part of or in connection with any of the activities set forth in
the following definitions: Adult Use; Adult Arcade; Adult Bookstore; Adult
Cabaret; Adult Mini Motion Picture; Adult Sauna; Adult Theater; Massage
Parlor; Sexual Encounter Establishment; and, Sexual Paraphernalia Store


NEW SECTION 4.4(k) All uses that contain one or more of the following uses: Adult arcade; adult bookstore; adult cabaret; adult mini motion picture theater; adult sauna; adult theater; sexual encounter establishment; sexual paraphernalia store; and massage parlor.

This provision does not apply to any specific existing use that legally qualifies as a nonconforming use. This provision shall expire six months from the date of its adoption or on the date new rules regarding such uses are adopted by the County Commission of Jefferson County, whichever comes first.