§ 2. Planning and Zoning Study; Moratorium.

2.01.

A study is authorized to be conducted by City staff to determine how such adult uses, and other similar uses should be regulated within the City. The scope of the study should include, but is not limited to, the following:

a.

the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses;

b.

the density and concentration of such uses;

c.

the effect of such uses on other uses in the surrounding area;

d.

the need, if any, for modifications to the licensing regulations regarding adult uses and similar uses.

2.02.

Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council.

2.03.

A moratorium on the development of adult uses and other similar uses is adopted pending completion of the study and the adoption of any amendments to the City's zoning Ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire on September 27, 1994, or such earlier date as may be further adopted by Ordinance. The moratorium period may be extended for a reasonable time by Ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning Ordinance.

2.04.

For the purpose of this Ordinance, adult uses shall mean all of the uses described in Section 605 of the Richfield Ordinance Code as "Adult Oriented Services" together with all other uses of a similar nature that are characterized by an emphasis on, or have a substantial or significant portion of their stock and trade devoted to, the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." Such uses include, without limitation, adult book stores, adult novelty stores and adult movie theaters.

2.05.

For purposes of this Ordinance, "specified sexual activities" means:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2.

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

3.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or

5.

Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or

6.

Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

2.06.

For purposes of this Ordinance, "specified anatomical areas" mean:

1.

Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately about the top of the areola; and

2.

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