Sec. ______ Application.

In any district in which a use is otherwise permitted, if such use constitutes an "adult use" as defined herein, the minimum requirements and standards set forth within this division shall apply to such use.

Sec. ______ Definitions.

In this division, unless the context otherwise requires, the following words and terms are defined as set out herein:

Adult bookstore: A bookstore that devotes more than fifteen percent (15%) of the total floor area for the display and sale of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

The term adult bookstore shall not include a bookstore that sells adult books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent (15%) of the total floor area of the establishment to the sale of books or periodicals.

Adult entertainment: Live performances by topless and/or bottomless dancers, strippers or similar entertainers, characterized by the display or exposure of specified anatomical areas.

Adult entertainment establishment: (i) A restaurant, nightclub, bar, cabaret, lounge, club or other establishment, whether private or open to the public, which features adult entertainment; and (ii) Any commercial establishment, including but not limited to a restaurant, nightclub, bar, cabaret, lounge, club or other establishment, which, as its primary business, offers for sale any book, publication or film which depicts nudity, or sexual conduct or which offers services such as bath houses, massage parlors, wrestling parlors or similar activities.

Adult massage parlor: Any place where, for any form of consideration or gratuity, a massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her specified anatomical areas.

Adult model studio: Any establishment where, for any form of consideration or gratuity, figure models who display specified anatomical areas exhibit themselves to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. The following is excluded from this definition: any school of art which is authorized under the laws of the Commonwealth of Virginia to issue and confer, a diploma.

Adult motion picture theatre: A theater, concert hall, auditorium or similar commercial establishment, where, for consideration, any films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area for observation by patrons. Movies rated G, PG, PG-13, R or NC by the Motion Picture Association of America, or live theatrical performances with serious artistic, social or political value, that depict or describe specified anatomical areas, are expressly exempt from regulation under this division.

Adult use: Any business or establishment subject to the definitions and regulations of this division.

Specified anatomical areas:

(1) Any human genitals, public region, buttocks or female breast below a point immediately above the top of the areola, which area is less than completely and opaquely covered; and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

(1) The fondling or intentional touching of human genitals, pubic region, buttocks, anus or female breast, whether covered or uncovered;

(2) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation or sodomy;

(3) Human genitals in a state of sexual stimulation, arousal or tumescence; and

(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

Sec. _____ General Standards and Regulations

(1) No adult use may be established within one thousand (1,000) feet of a residentially zoned district or property used as a residence regardless of zoning, or a school, educational institution, religious institution, public park, playground, playfield or day care center.

(2) No adult use may be established within one thousand (1,000) feet of any other such adult use in any zoning district.

(3) The following activities shall each constitute the "establishment" of an adult use, as referred to herein,

a. the initial opening of an adult use (including, without limitation, the conversion, in whole or part, of an existing business to any adult use)

b. the relocation of an existing adult use,

c. an increase in the floor area of an existing adult use, by twenty-five percent (25%) or more.

(4) All distances specified in this section shall be measured in a straight line from the property line of the adult use to the nearest regulated use. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.