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5. That Chapner 40 of the Code of the City of Portsmouth, <br />Virginia (1988), be amended by adding thereto Division 3 no <br />Article VIII thereof, pertaining no adult uses, to read as <br />follows: <br /> <br />Division 3. Adult Uses. <br /> <br />Section 40-110. Purpose of enactment. <br /> <br /> Within the City, it is acknowledged that there are some <br />uses, often referred to as adult uses, which because of their <br />very nanure, are recognized as having serious objectionable <br />operational characteristics, particularly when several of them <br />are concentrated under certain circumstances or located in <br />direct proximity to residential neighborhoods, thereby having a <br />deleterious effect upon the adjacent areas. Special regulation <br />of these uses is necessary to insure that these adverse effects <br />will not contribute to the blighting or downgrading of the <br />surrounding neighborhoods. These special regulations are <br />itemized in this division. The primary control or regulation is <br />for the purpose of preventing the concentration or location of <br />these uses in a manner that would create such adverse effects. <br />Uses subject to these controls, referred to as adult uses, <br />include: adult bookstores, adult motion picture theatres, adult <br />entertainment establishments and night clubs. The definition of <br />these uses is found in Section 40-22 of this Chapter. <br /> <br />Section 40-111. Use Permit Required. <br /> <br /> A use permit, as provided for in Article VIII of this <br />Chapter, is necessary for the establishment of an adult use <br />(adult bookstore, adult motion picture theatre, adult <br />entertainment establishment or night club), in any of the <br />districts where this use is permitted. A use permit may be <br />issued by the City Council after recommendation by the Planning <br />Commission and finding that the location, size, design and <br />operating characteristics of the proposed adult use will be <br />compatible with and will not adversely affect or be materially <br />detrimental to adjacent uses, residents, buildings, structures <br />or natural resources. <br /> <br /> <br />