RULE 034.00.00-001 - Definitions - Adult Uses, Signage; Amendments to Use Groups; Amendment to Rehabilitation/Design Guidelines

RULE 034.00.00-001. Definitions - Adult Uses, Signage; Amendments to Use Groups; Amendment to Rehabilitation/Design Guidelines

1: For placement in the CZDC General Standards, under "Definitions": For Insertion into Definitions section of the CZDC General Standards:

Adult Uses, Definitions:

Adult Bookstore: An Establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other material, which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement for prurient purposes. For purposes of this paragraph, "substantial or significant portion of stock" shall mean more than ten percent (10%) of the subject establislinient's inventory stock, or more than ten percent (10%) of subject premise's gross floor area.

Adult Paraphernalia Store: An establishment having as a substantial Of significant portion of its stock devices, objects, tools, or toys, excluding clothing, which are distinguished by their association with sexual activity for prurient purposes, including sexual conduct or sexual excitement. For purposes of this paragraph, "substantial or significant portion of stock" shall mean more than ten percent (10%) of the subject establislinient's inventory stock, or more than ten percent (10%) of subject premise's gross floor area.

Adult Motion Picture Theatre: An enclosed building used for presenting material motion picture films, video cassettes, cable television, slides or any other such visual material distinguished by an emphasis on matter depicting, describing; or relating to sexual conduct or sexual excitement for prurient purposes, and to which minors under the age of 18 would not be admitted according to the system of ratings put forward by the Motion Picture Association of America.

Adult Video Stores; An establishment having a substantial or significant portion of its stock in. trade for sale or rent* movies, videos, and similar audio/visuai media, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement for prurient purposes, or which, if exhibited for theatrical release, to which minors under the age of 18 would not be admitted according to the system of ratings put forward by the Motion Picture Association of America. For purposes of this paragraph, "substantial or significant portion of stock" shall mean more than ten percent (10%) of the subject establishment's inventory stock, or more than ten percent (10%) of subject premise's gross floor area.

Establishment Which Displays Live Nudity; An establishment which provides live entertainment for its patrons, which includes the display of nudity, including full frontal or rear nudity, or both, or the display for the primary or secondary genitalia of either sex for prurient purposes.

Adult Use: As defined herein, an Adult Bookstore, Adult Paraphernalia Store, Adult Motion Picture Theatre Establishment, or an Establishment Which Displays Live Nudity, or any other business or Establishment characterized by an emphasis depicting, describing or related to sexual conduct or sexual excitement for prurient purposes. Uses which combine any or all of the uses described above and classed under "Adult Uses" in this section shall constitute an adult use if the floor area or inventory stock items cumulatively amount to more then ten percent (10%) of the Establishment's total floor area or inventory stock.

For placement in, the CZDC General Standards, "Signage"

Signage

Any sign, picture, publication, display of explicit graphics or language or other advertising which is distinguished or characterized by emphasis depicting or describing sexual conduct or sexual activity, displayed in windows, or upon any building, or visible from sidewalks, walkways, roads, highways, or a public area is prohibited in any location. This section is not to be construed to apply to signage which constitutes political speech.

AMENDMENTS TO USE GROUPS

Add Category:

U.15: ADULT USES

Adult Uses are not allowed in the Capitol Zoning District.

Amendment to Note 1. page 11:

"Restaurant" means an establishment provided with special space, sanitary kitchen, dining room equipment, and persons to prepare, cook and serve, in consideration for payment, meals and beverages to guests. Microbreweries, establishments that annually manufacture less than 50,000 gallons of alcoholic beverages for consumption primarily (75% of beverages manufactured on site consumed on site or greater) on site and provide food preparation and service on site, shall be treated as restaurants for the purposes of these use regulations.

Amendment to Consumer Goods and Services: Add:

Fast Food Restaurants

Retail Bakery with production on site (*)

Amendment to Automobile Oriented Commercial: Add:

Convenience Store/Auto Convenience Market

Amendment to Quiet Business: Add:

Video Rental Store

Proposed Amendments to Conditional Uses in the M Zone:

Add General Offices and Professional Offices to Quiet Business subject to Note 3.

Proposed Amendments to Parking/Loading Requirements:

Add: P.14 Residential Parking:

Utilization of front yard areas for parking is prohibited. The location of one or more vehicles in the front yard area of any residential dwelling for 3 or more days in a given month shall be considered "utilization of the front yard area for parking", and shall constitute a violation of the Capitol Zoning District Ordinance unless a valid temporal* use permit has been issued for this parking use. For the purposes of this section, "front yard" shall mean any area of a front yard or corner lot side yard which is not paved. "Paved" means treated or covered with concrete, asphalt, or other similar material and maintained in such a manner as to provide a mud-free and dustless surface. No front yard area which is not paved as of the date of adoption of this provision shall be paved without a valid permit from the Capitol Zoning District Commission. Nothing in this article shall be construed to allow paving or parking in excess of that allowed by any other CZDC regulation.

AMENDMENT TO REHABILITATION/DESIGN GUIDELINES

For insertion into the Capitol Zoning District Rehabilitation Standards (successive points to be renumbered):

R1.14 New retaining walls should be similar in height, depth, apparent construction and function to historic retaining walls in the area.

* Materials for new retaining walls should be those historically used in the area for this purpose, i.e. stone and brick.

* In some cases, alternate materials, such as textured concrete block, may be appropriate, when the material substantially resembles the materials used for this purpose historically.

* Installation of a retaining wall to facilitate a substantial change in the historic topography of a site is generally inappropriate.

For insertion into the CZDC Design Standards for the Mansion Area (successive points to be renumbered):

M7. New retaining walls should be similar in height, depth, apparent construction and function to historic retaining walls in the area.

* Materials for new retaining walls should be those historically used in the area for this purpose, i.e. stone and brick.

* In some cases, alternate materials, such as textured concrete block, may be appropriate, when the material substantially resembles the materials used for this purpose historically.

* Installation of a retaining wall to facilitate a substantial change in the historic topography of a site is generally inappropriate.

(3/31/2000)

The following state regulations pages link to this page.