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Adult Entertainment Use and Activities
I.
Intent and Purpose ' In order to prevent crime, protect the County's retail
trade, maintain property values, and generally to protect and preserve the
quality of its neighborhoods, commercial districts, and the quality of life,
this ordinance regulates the location of adult entertainment establishments by
dispersing them throughout McCracken County.
In the development and execution of this section, it is recognized that
there are some uses which, because of their very nature, are recognized as
having serious objectionable operational characteristics, particularly when
several of them are concentrated under certain circumstances thereby having a
deleterious effect upon the use and enjoyment of adjacent areas. Special
regulation of these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding neighborhood.
These special regulations are itemized in this section. The primary
control or regulation is for the purpose of preventing a concentration of these
uses in any one area. Wherever there are other McCracken County
regulations, the stricter of the regulation applies. Uses subject to these
controls are as follows:
II. Specified Use List
1.
Adult Amusement Arcade
2.
Adult Book Store
3.
Adult Internet Service Center
4.
Adult Motion Picture Theater
5.
Adult Stage Show Theater
6.
Adult Video Cassette Rental Center
7.
Cabaret
8.
Commercial Sexual Entertainment Center
III. Definitions
A.
Adult Amusement Arcade - An establishment having as one of its principal
uses one or more of the following: customer-operated motion picture
devices, peep shows, viewing area, and/or similar devices, for display of
material distinguished or characterized by an emphasis on depiction of sexual
activities, as hereinafter defined, or which offer persons who expose to view of
the customers the bare female breast below a point immediately above the tope of
the areola, human genital, pubic region, or buttocks, even if partially or
completely covered by translucent material, or human or simulated male genitals
in a discernible turgid state, even if completely or opaquely covered.
B.
Adult Book Store - An establishment having as one of its principal uses
the sale, rent, or display of pictures, books, periodicals, magazines,
appliances, and similar materials which are distinguished or characterized by
their emphasis on depiction of sexual activities as hereinafter defined or an
establishment with a substantial segment or section devoted to the sale, rental
or display of such material.
C.
Adult Internet Service Center - An establishment having or advertising as
having as one of its principal uses, the presentation or production of video
clips, live pictures, still pictures, conversations, and similar material having
as a dominant theme or characterized or distinguished by an emphasis on matter
depicting, describing or relating to sexual activities, as hereinafter defined,
or which offer persons who expose to view of the customers the bare female
breast below a point immediately above the tope of the areola, human genital,
pubic region, or buttocks, even if partially or completely covered by
translucent material, or human or simulated male genitals in a discernible
turgid state, even if completely or opaquely covered, for presentation to
persons, services appealing to adult sexual interests, through the use of the
world wide web, internet transmissions, or other similar telecommunications
services.
D.
Adult Motion Picture Theater - An establishment having or advertising as
having as one of its principal uses the production, or presentation of motion
pictures, slide projections, and other similar material having as a dominant
theme or characterized or distinguished by an emphasis on matter depicting,
describing or relating to sexual activities, as hereinafter defined, for
observation by persons therein.
E.
Adult Stage Show Theater - An establishment having or advertising as
having as one of its principal uses the presentation of live performances of
humans or animals having as a dominant theme or characterized or distinguished
by an emphasis on matter depicting, describing or relating to sexual activities,
as hereinafter defined, or which offer persons who expose to view of the
customers the bare female breast below a point immediately above the top of the
areola, human genital, pubic region, or buttocks, even if partially or
completely covered by translucent material, or human or simulated male genitals
in a discernible turgid state, even if completely or opaquely covered, for
observation by persons therein.
F.
Adult Video Cassette Rental Center - A commercial characterized or
distinguished by an establishment which has as one of its principal uses the
rental or sale of video cassettes which depict material emphasis on matter
depicting describing or relating to sexual activities, as hereinafter defined
and which does not provide an on premises showing such material.
G.
Cabaret - An establishment which features as a principal use of its
business, entertainers, and/or waiters and/or bartenders, male or female
impersonators and/or other persons, either mail or female, who expose to public
view of the patron of said establishment at any time the bare female breast
below a point immediately above the top of the areola, human genitals, pubic
region or buttocks, even if partially or completely covered by translucent
material, and/or human or simulated male genitals in a discernible turgid state,
even if completely and opaquely covered.
H.
Commercial Sexual Entertainment Center - Any other commercial
establishment not otherwise described herein which make available material,
services or entertainment appealing to adult sexual interests including but not
limited to "bath houses", swingers club" or similar establishments services or
goods that are advertised by or on behalf of the establishment in a manner
patently designed to appeal to such adult sexual interests.
I.
Measurement - Measurement shall be made by measuring the shortest
distance between boundaries. Measurements shall be made on a horizontal
plane.
J.
Sexual Activities -' Depiction of human genitals in a state of arousal,
acts of human masturbation, sexual intercourse or sodomy, bestiality, holding or
other erotic touching of human genitals, public region, buttocks or breasts.
K.
Adult Entertainment Center - Any use or building or portion thereof,
which contains, or is used for commercial entertainment where the patron
directly or indirectly is charged a fee to engage in personal contact with or to
allow personal contact by employees, devices, or equipment or by personnel
provided by the establishment or view of a series of dance routines, strip
performances or other choreography provided by the establishment which appeals
to the prurient interest of the patron, to include, but not be limited to bath
houses, massage parlor, and related or similar activities. Any permitted,
conditionally permitted, or accessory uses allowed within any zone shall not be
interpreted to include "adult entertainment center".
IV. Location Requirements
A.
The above specified uses list shall exclusively and only be permitted in the C
zone (Commercial). The provisions of section 46 I.A. do not apply to adult
entertainment uses.
B.
New establishments may not locate within 1,000 feet of any other lawfully
operating adult entertainment establishment. Measurements shall be made as
described herein.
C.
The above specified uses list shall not be operated or maintained within
one-thousand (1,000) feet of a UR or RR district, and/or within one-thousand
(1,000) feet of a house of worship, a state licensed day care facility, a
school, or a public park. Measurements shall be made as described herein.
D.
New establishments may not locate to a site if 75% or more of the tracts within
a circular area, as described herein, are residential in character. The
radius of such circular area shall be 400 feet. The center of such
circular area shall correspond to the midpoint of a line joining the two most
distant points on the boundary of the tract on which the enterprise is located.
V. Non-Conforming Uses
A.
Section 32 of this ordinance shall govern non-conforming uses.
VI. Screening Requirements
A.
Adult Entertainment Establishments as listed in this section shall screen all
adjacent property owners. The street side shall not be exempted. The
screening height shall be a minimum of six (6) feet, and shall be at least 90%
opaque.
VII. Sign Requirements for Adult Entertainment Uses
A.
Adult Entertainment Establishments as listed in this section shall be allowed a
cumulative of fifty (50) square feet of sign space. Sign heights shall not
exceed 25 feet. There shall be no off-site, or billboard advertising.
No portable signs. No flashing signs. Nothing herein shall exempt
compliance with other McCracken County code requirements.
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