Authorizing Legislation for PUDs (Supporting Document for Bill No. 41-16)

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Section 21 -08.02 Special Regulations for Controlled Uses (9) Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (10) Adult Service Establishment: Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas. (11) Enlargement Of An Adult Business: An increase in the size of the building, structure or premises in which the adult business is conducted by either construction or use of: (1) an adjacent building; (2) an additional building; or, (3) the construction or use of any portion of an adjacent building or additional building, whether located on the same or an adjacent lot or parcel of land. (12) Establishing An Adult Business: Any of the following: (A) The opening or commencement of an adult business as a new business; (B) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; (C) The addition of any of the features of one or more of the adult businesses defined herein to an existing business; (D) The addition of any of the adult businesses defined herein to any other existing adult business; or (E) The relocation of any adult business. (13) Nonconforming Adult Use: Any building, structure or land legally established as an adult business prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. (14) Reconstruction Of An Adult Business: The rebuilding or restoration of any nonconforming adult business use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion or other calamity or act of God if the damage or destruction exceeds fifty (50) percent of the fair market value of the building, structure or the facilities affected.