§ 82-43. Definitions "A."

Accessory:

(1)

Structure: A building or structure located on the same lot as the main building or structure, the use of which is incidental or secondary to the main building or principal use.

(2)

Use: A use of land or of a building or portion thereof which is customarily and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or main building and located on the same lot with the principal use.

Addition: A structure added to the existing structure after the completion of the existing structure that extends or increases the floor area, or height of a building or structure.

Adult uses: The term shall include adult bookstore, adult motion picture theater, adult motel, adult nightclub, and massage parlor. These terms and terms related to these definitions, as noted, shall have the following indicated meanings:

(1)

Adult bookstore: An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual sonduct or specified anatomical areas.

(2)

Adult motion picture theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(3)

Adult motel: A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(4)

Adult nightclub: A theater or other establishment, which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where these performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.

(5)

Massage parlor: Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths, and steam baths.

a.

This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the state, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder.

b.

This definition shall not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area, nor practices of licensed massage therapists

(6)

Sexual conduct: Considered to be characterized by, but not limited to, the following acts:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy; and

c.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(7)

Specified anatomical areas: Considered to be defined by, but not limited to, the following areas:

a.

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

b.

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

Alteration: Any modification, remodeling, change or rearrangement in the structural or supporting members such as bearing walls, columns, or girders, as well as any change in the doors or windows which affect the means of egress which is undertaken without adding to the floor area, height, or physical size of the building or structure.

(Ord. No. 04-07, § 1(2.03), 7-12-2004; Ord. No. 05-08, § 1, 7-11-2005)