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M.V. ORDINANCE N0. 89 - <br />Page -3- <br />(a) Less than completely and opaquely covered; <br />i. Human genitals, public region, <br />ii. Buttock, and <br />iii. Female breast below a point im- <br />mediately above the top of the <br />areola; and <br />(b) Human male genitals in a discernibly <br />turgid state, even is completely and <br />opaquely covered. <br />1389.03 LOCATION REGULATIONS. <br />Except as otherwise provided under the waiver provisions of <br />this chapter, no building or land shall hereafter be used for any of the uses <br />set out in Section 1389.02 if: <br />(a) The boundaries of the site of the proposed location is <br />within one thousand (1,000) feet of a residentially <br />zoned district; or <br />(b) The boundaries of the site of the proposed location <br />is within one thousand (1,000) feet of a church or <br />elementary intermediate or high school, or college, <br />junior college or university. <br />(c) There is already in existence, one (1) or more regulated <br />uses within one thousand (1,000) feet of the boundaries <br />of the site of the proposed regulated use. <br />1389.04 WAIVER PROVISIONS. <br />Applications to establish any of the above regulated uses shall be <br />forwarded immediately by the Building Commissioner to the Planning and Zoning <br />Commission. <br />(a) The prohibition against locating any of the above <br />regulated uses within one thousand (1,000) feet of a <br />residentially zoned district shall be waived upon the <br />presentment, to the Planning and Zoning Commission, of <br />a validated petition requesting such waiver, signed by <br />fifty-one percent (517) of those persons owning, <br />residing, or operating a business establishment within <br />one thousand (1,000) feet of the nearest property line <br />of the proposed location. Said petition shall be on <br />forms provided by the Commission and secured in <br />accordance with rules and regulations governing the <br />procedure for securing the petition of consent, adopted