§ 3. 1963 Zoning Code regulated uses.


Latest version.
  • (a)  Purpose. 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. Uses subject to these controls are as follows:

    Adults-only bookstores;

    Adults-only motion picture theaters;

    Adult entertainment centers;

    Massage parlors;

    Rap parlors;

    Saunas.

    (b)

    Definitions. Whenever used in this section, the following words or phrases shall have the meanings ascribed to them:

    (1)

    Adults-only bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.

    (2)

    Adults-only motion picture theater: An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein.

    (3)

    Massage parlor: An establishment or place primarily in the business of providing massage services.

    (4)

    Nudity: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

    (5)

    Rap parlor: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults.

    (6)

    Sauna: An establishment or place primarily in the business of providing (i) a steam bath and (ii) massage services.

    (7)

    Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast.

    (8)

    Sexual excitement: The condition of human male or female genitals when in a state of sexual stimulation or arousal.

    (9)

    Sadomasochistic abuse: Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

    (10)

    Adult entertainment center: An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which contains one or more coin-operated mechanisms which when activated permit a customer to view one or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva or genitals.

    (c)

    Location restrictions.

    (1)

    Adults-only bookstores, adults-only motion picture theaters, and adult entertainment centers. No adults-only bookstore, adults-only motion picture theater or adult entertainment center shall be operated or maintained except within the B4 Central Business District. However, none of the above uses shall be permitted on any property with its main public entrance on Nicollet.

    (2)

    All regulated uses. No adults-only bookstore, adults-only motion picture theater, adult entertainment center, massage parlor, rap parlor or sauna shall be operated or maintained within one thousand (1,000) feet of a residentially zoned district, and within five hundred (500) feet of a church, a state-licensed day care facility, established prior to November 1, 1986, public library, and public educational facilities which serve persons age seventeen (17) or younger, an elementary school or a high school. Only one of the above regulated uses shall be allowed per block face. Provided, further, that no adult entertainment center shall be permitted to locate except within the B4 Central Business District after December 20, 1985.

    (d)

    Measurement. The distance limitations in subsection (c) shall be measured in a straight line from the main public entrances of said premises, or from the lot lines of properties in residentially zoned districts.

    (e)

    Amortization of nonconforming uses. Establishments in violation of subsection (c) shall be permitted by section 531.20 as a nonconforming use. As to those establishments which have a nonconforming use status, the provisions of sections 531.20 through 531.110 shall apply and, in addition, such use shall become unlawful on and after December 1, 1988.

    (f)

    Investigation of existing uses. Prior to July 1, 1987, the zoning administrator shall cause to be investigated the status of every adults-only bookstore, adults-only motion picture theater, adult entertainment center, massage parlor, rap parlor and sauna in the city, as to length of continuous operation and determine which uses would become unlawful on December 1, 1988. Appeals from the determination of the zoning administrator shall be pursuant to Chapter 525. The city council may, upon receiving the recommendation of the zoning administrator, extend said date where the appellant established that discontinuance of the use on December 1, 1988, results in a taking of a valuable property interest held by the appellant on the effective date of this section without the payment of just compensation.

    (g)

    Sign requirements for all uses. All new regulated uses, and all existing regulated uses by December 1, 1988, shall comply with the following sign requirements:

    (1)

    All signs shall be flat wall signs.

    (2)

    The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street.

    (3)

    No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

    (4)

    Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.

    (77-Or-110, § 1, 5-13-77; 83-Or-318, §§ 1—4, 12-16-83; 85-Or-234, § 1, 12-20-85; 86-Or-266, §§ 1—7, 11-7-86; 92-Or-026, § 1, 2-21-92; 95-Or-27, § 4, 2-10-95; 95-Or-181, § 6, 12-29-95; 99-Or-125, § 3, 11-11-99)

    Note— Formerly § 540.410.