04-07-2014 Public Hearing - Adult UseThe Pittsylvania County Board of Supervisors will hold a public hearing on Monday,
April 7, 2014 at 7p.m. to receive citizen input on a proposed amendment to the
Pittsylvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under
Industrial District (M -1) Light Industry, Section 35-384, Special Use Permits. The
meeting will be at 7:001)m in the General District Courtroom, second floor, of the Edwin
R. Shields Courthouse Addition in Chatham, Virginia. A copy of the proposed change
will be available for review in the Office of the County Administrator located at 1 Center
Street in Chatham, Virginia between the hours of 8a.m.- 5P.m., Monday- Friday and on
the County's website, www.pitt og_v.org.
SEC. 35 -395. ADULT USES.
SEC. 35-395.1. 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 out in this division shall
apply to such use.
SEC. 35-395.2. DEFINITIONS.
In this section, unless the context otherwise requires, the following words or terms are
defined as set out herein:
Adult bookstore: An establishment that devotes more than fifteen percent (15 %) of the
total floor area utilized for the display of books and periodicals to the display and sale of the
following:
a. 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
b. Instruments, devices or paraphernalia which are designed for use in
connection with "specified sexual activities."
An adult bookstore does not include an establishment that sells books or periodicals as an
incidental or accessory part of its principal stock -in -trade and does not devote more than 15
percent (15 %) of the total floor area of the establishment to the sale of books and periodicals.
Adult use: Any adult bookstore, adult motion picture theatre, adult mini- motion picture
theatre, adult motion picture arcade, adult model studio, adult drive -in theatre, or massage
parlor, as defined herein.
Adult motion picture theatre: An establishment, with a capacity of fifty (50 ) or more
persons, where, for any form of consideration, 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 of description of "specified sexual activities" or "specified
anatomical areas" for observation by patrons. Movies rated "G," "PG," "PG -13," or "R" by the
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Motion Picture Association of America shall be exempted from Adult Use
standards /regulations.
Adult mini - motion picture theatre: An establishment, with a capacity of more than five
but less than fifty (50) persons, where, for any form of consideration, 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 areas" for observation by patrons. Movies rated "G,"
"PG," "PG -13," or "R" by the Motion Picture Association of America shall be exempted from
Adult Use standards /regulations.
Adult motion - picture arcade: Any place to which the public is permitted or invited
wherein coin or slug- operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors, or other image producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting or describing
"specified sexual activities" or specified "anatomical areas." Movies rated "G," "PG," "PG-
13," or "R" by the Motion Picture Association of America shall be exempted from Adult Use
standards /regulations.
Adult drive -in- theatre: An open lot or part thereof, with appurtenant facilities, devoted
primarily to the presentation of motion pictures, films, theatrical productions and other forms of
visual productions, for any form of consideration, to persons in motor vehicles or on outdoor
seats, and presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"
for observation by patrons. Movies rated "G," "PG," "PG -13," or "R" by the Motion Picture
Association of America shall be exempted from Adult Use standards /regulations.
Adult model studio: Any establishment open to the public where, for any form of
consideration or gratuity, figure models who display "specified anatomical areas" are provided
to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by
persons, other than the proprietor, paying such consideration or gratuity. This provision shall
not apply to any school of art which is operated by an individual, firm, association, partnership,
corporation or institution which meets the requirements established in the Code of Virginia,
1950, as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue
and confer, a diploma.
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Certired massage therapist. Any person who administers a massage to a client, in
exchange for consideration, and who is qualified as a certified massage therapist pursuant to the
requirements of the § 54.1 -3029, Code of Virginia, 1950, as amended.
Massage: A method of treating the external parts of the human body for comfort or the
general well -being of the body, consisting of rubbing, stroking, kneading, tapping, or vibrating
with the hand or any instrument.
Massage parlor: Any establishment, whether private or public, that is not licensed or
certified by the Commonwealth of Virginia, operated as a massage salon, bath parlor, or similar
type of business where any physical or mechanical contact is made to a recipient's body by
another person or mechanical device for the purpose of massaging or stimulating the recipient's
body. This definition shall not be construed to include a hospital, nursing home, medical clinic,
or the office of a physician, surgeon, physical therapist, chiropractor, osteopath, or certified
message therapist, or any employees thereof, working under the direction and supervision of the
above - referenced individuals duly licensed and/or certified by the Commonwealth of Virginia.
Specirled anatomical areas:
a. Less than completely and opaquely covered:
1. Human genitals, pubic region;
2. Buttock, and
3. Female breast below a point immediately above the top of the
areola.
b. Human male genitals in discernibly turgid state, even if completely and
opaquely covered.
Specired sexual activities:
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.
SEC. 35- 395.3. REQUIREMENTS AND STANDARDS.
A. No Adult use shall be permitted:
1. Within three (3) miles of any other existing Adult Use; and
2. Within two thousand five hundred (2,500) feet of any existing residential use or
residentially zoned district, or any of the following uses:
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a. Churches, monasteries, chapels, synagogues, convents, or other places of worship;
b. Public and private schools, or other educational institutions, up to and including
twelfth (12t) grade, and their adjunct play areas, and colleges; and
c. Public playgrounds, community swimming pools, day -care center, public parks,
and public libraries; and
3. All distances specified in this section shall be measured from the property line of one
use to another. 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; and
4. The "establishment" of an Adult Use as referred to herein shall include the opening of
such business as a new business, the relocation of such business, the enlargement of
such business in either scope or area, or the conversion, in whole or part, of an
existing business to any Adult Use;
5. In addition to the requirements set forth in this section, all Adult Uses shall be
required to comply with any and all other local, state, or federal ordinances,
regulations, and law applicable to the same; and
B. Signs and other visible messages.
1. Signs:
a. Sign messages shall make no reference to specified anatomical areas or specified
sexual activities; and
b. Sign messages may not include any graphic or pictorial depiction of material or
services available on the premises; and
c. Signs shall also meet all additional requirements contained in this ordinance.
2. Other visible messages.
a. Messages which are visible or intended to be visible from outside the property
(such as on or within doors or windows) shall not display materials, items,
publications, pictures, films, or printed material available on the premises; or
pictures, films, or live presentations of persons performing or services offered on
the premises.
SEC. 35- 395.3. EXEMPTIONS.
The provisions of this Chapter shall not be applicable to the following persons, while
such persons are engaged in the performance of the duties of their respective professions:
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I . Physicians, surgeons, chiropractors, osteopaths, physical therapists, and certified
massage therapists, duly licensed to practice in the Commonwealth of Virginia;
2. Any employees, working under the direction and supervision of the individuals listed
in § 35- 396.3.1;
3. Nurses duly licensed by the Commonwealth of Virginia;
4. Trainers of any amateur, semi - professional, or professional athlete or athletic team;
5. Barbers and beauticians duly licensed by the Commonwealth of Virginia who
administer massages only to the scalp, face, neck, or shoulders of clients; and
6. Students of state - approved massage therapy programs, provided said students are
acting under the direction and supervision of a certified massage therapist.
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