[R.O. 2009 § 456.010; Ord. No. 3001 § 1, 12-23-2008]
As used in this Article, the following
terms shall mean:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disc players, or other image-producing
devices are maintained to show images to five (5) or fewer persons
per machine at any one (1) time and where the images so displayed
are distinguished or characterized by the depicting or describing
of specified sexual activities or specified anatomical areas.
A commercial establishment that has as a substantial or significant
portion of its stock-in-trade and offers for sale, for any form of
consideration, any one (1) or more of the following:
Books, magazines, periodicals, or
other printed matter or photographs, films, motion pictures, video
cassettes or disks, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia
that are designed or marketed for use in connection with specified
sexual activities. A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an Adult Bookstore,
Adult Novelty Store, or Adult Video Store. Such other business purposes
will not serve to exempt such commercial establishments from being
categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video
Store so long as one (1) of its principal business purposes is the
offering for sale or rental for consideration the specified materials
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas. It shall be presumed
that a commercial establishment falls within this definition when
the establishment holds itself out or advertises itself as an Adult
Bookstore, Adult Novelty Store, or Adult Video Store or where more
than twenty-five percent (25%) of the retail value of merchandise
offered for sale consists of the materials described herein or where
more than ten percent (10%) of its display space is used for the materials
described herein.
A Tavern, Restaurant, or similar establishment that regularly
features live performances that are characterized by the exposure
of specified anatomical areas or by specified sexual activities or
films, motion pictures, video cassettes or disks, slides, or other
photographic reproductions in which a substantial or significant portion
of the total presentation time is devoted to the showing of material
that is characterized by specified sexual activities or specified
anatomical areas.
A Hotel or similar commercial establishment which:
Offers accommodations to the public
for any form of consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes
or disks, slides, or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
Offers a sleeping room for rent for
a period of time that is less than ten (10) hours; or
Allows a tenant or occupant of the
sleeping room to subrent the room for a period of time that is less
than ten (10) hours.
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Evidence that a sleeping room in
a Hotel or a similar commercial establishment has been rented and
vacated two (2) or more times in a period of time that is less than
ten (10) hours creates a rebuttable presumption that the establishment
is an Adult Hotel.
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An establishment where, for any form of consideration, films,
motion pictures, video cassettes or disks, slides, or similar photographic
reproductions are shown, and in which a substantial or significant
portion of the total presentation time is devoted to the showing of
material characterized by an emphasis on the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar establishment
in which a substantial or significant portion of the presentation
time is devoted to the exposure of specified anatomical areas or to
specified sexual activities.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person or who agrees to
privately model lingerie or to privately perform a strip tease for
another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish Escorts as one (1) of its Principal
Use for a fee, tip, or other consideration.
A commercial establishment where, for any form of consideration,
massage, alcohol, rub, fomentation, electric or magnetic treatment,
or similar treatment or manipulation of the human body is administered.
This definition does not include any Medical Office or Medical Facility
where the treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, Healing Arts Establishment,
or similar professional person licensed by the state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A commercial establishment other than a Hotel or similar
establishment offering public accommodations which, for any form of
consideration, provides a place where two (2) or more persons may
congregate, associate, or consort in connection with specified sexual
activities or the exposure of specified anatomical areas. This definition
does not include an establishment where Medical Office or Medical
Facility provides sexual therapy.
An Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult
Video Store, Adult Cabaret, Adult Hotel, Adult Motion Picture Theater,
Adult Theater, Escort Agency, Massage Parlor, or Sexual Encounter
Establishment.
Instruments, devices, gifts, or paraphernalia that are designed
or marketed for use in connection with specified sexual activities
or clothing that graphically depicts or exposes specified anatomical
areas or books, magazines, periodicals, or other printed matter or
photographs, films, motion pictures, videocassettes or disks, slides,
or other visual representations that are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas.
Any of the following:
Bare human male or female genitals,
buttocks, anus, or pubic area with less than opaque clothing covering;
The female breast below a horizontal
line across the top of the areola, or a simulation thereof, at its
highest point with less than fully opaque clothing covering. This
definition shall include the entire lower portion of the human female
breast, but shall not include any portion of the cleavage of the human
female breast exhibited by dress, blouse, shirt, leotard, bathing
or swimsuit, or other wearing apparel, provided the areola is not
exposed in whole or in part; or
The covered male genitals in a discernibly
turgid state.
Any of the following:
An increase in Floor Areas occupied by the business by more
than twenty-five percent (25%), as the Floor Areas exist on December
16, 2002.
Any of the following:
The sale, lease, or sublease of the
business;
The transfer of securities which
constitute a controlling interest in the business, whether by sale,
exchange, or similar means; or
The establishment of a trust, gift,
or other similar legal device which transfers the ownership or control
of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[R.O. 2009 § 456.020; Ord. No. 3001 § 1, 12-23-2008]
A.
A person may operate or cause to be operated
a Sexually Oriented Business in accordance with the following regulations:
1.
A Sexually Oriented Business may
only be operated in "IP-1," "BP-1," "BP-2," and "HP-1" Districts.
2.
A Sexually Oriented Business shall
not be operated within one thousand (1,000) feet of the following:
a.
A Church;
b.
A public library;
c.
An Educational Facility;
d.
Day Care Facility;
e.
Community Center;
f.
A Residential District;
g.
A Public Park;
h.
A Lot Line of a Lot used for Residential
Dwelling.
i.
A business which is oriented primarily
towards children or family entertainment; or
j.
A business with a liquor license
pursuant to the alcoholic beverage control regulations of the state.
For purposes of this provision, measurement shall be made in a straight
line, without regard to the intervening Structures or objects, from
the nearest portion of the Building or Structure used as the part
of the Property where a Sexually Oriented Business is conducted to
the nearest Lot Line of the Lot of one (1) of the above-listed uses.
Presence of a City or other political subdivision boundary shall be
irrelevant for purposes of calculating and applying the distance requirements
of this provision.
3.
A Sexually Oriented Business shall
not be operated, established, substantially enlarged, or undergo transfer
of ownership or control within one thousand (1,000) feet of another
Sexually Oriented Businesses. For purposes of this provision, the
distance between any two (2) Sexually Oriented Businesses shall be
measured in a straight line, without regard to the intervening Structures
or objects or political boundaries, from the closest exterior wall
of the Building (exclusive of overhangs) in which each business is
located.
4.
A person shall not cause or permit
the operation, establishment, or maintenance of more than one (1)
Sexually Oriented Business in the same Building, Structure, or portion
thereof or the increase of Floor Area of any Sexually Oriented Business
in any Building, Structure, or portion thereof containing another
Sexually Oriented Business.
5.
Any Sexually Oriented Business lawfully
operating on the effective date of this Article (December 16, 2002)
that is in violation of this Article shall be deemed a Non-Conforming
Use. Such Non-Conforming Uses shall not be increased, enlarged, extended,
or altered except that the use may be changed to a Conforming Use.
If two (2) or more Sexually Oriented Businesses are within one thousand
(1,000) feet of one another and otherwise in a permissible location,
the Sexually Oriented Business which was first established and continually
operating at a particular location is the Conforming Use and the later-established
business(es) is/are non-conforming.
[R.O. 2009 § 456.030; Ord. No. 3001 § 1, 12-23-2008]
No Sexually Oriented Business, except
for an Adult Hotel, may remain open at any time between the hours
of 11:00 P.M. and 9:00 A.M.
[R.O. 2009 § 456.040; Ord. No. 3001 § 1, 12-23-2008]
A.
Sexually Oriented Merchandise or activities
of the Sexually Oriented Business shall not be visible from any point
outside such business.
B.
The exterior portions of a Sexually Oriented
Business shall not have flashing light or any words, lettering, photographs,
silhouettes, drawings, or pictorial representations of any manner
except to the extent permitted by the provisions of this Article.
C.
The exterior portions of a Sexually Oriented
Business shall be painted a single achromatic color; however, this
provision shall not apply to the business if the following conditions
are met:
1.
The business is part of a commercial
multi-unit center; and
2.
The exterior portions of each individual
unit in the commercial multi-unit center, including the exterior portions
of the business, are painted the same color as one another or are
painted in such a way so as to be a component of the overall architectural
style or pattern of the commercial multi-unit center.
D.
Nothing in this Section shall be construed
to require the painting of an otherwise unpainted exterior portion
of an enterprise.
[R.O. 2009 § 456.050; Ord. No. 3001 § 1, 12-23-2008]
A.
Any person operating a Sexually Oriented Business shall comply with the Sign requirements set forth in Article IV of Chapter 430. However, the following requirements apply to Signs for Sexually Oriented Businesses and supersede any conflicting provisions in the Municipal Code:
1.
Only one (1) on-Premises properly
permitted Sign is allowed to advertise the Sexually Oriented Business.
2.
Signs shall be a flat plane rectangular
in shape and have no more than two (2) display surfaces. Each display
surface shall not exceed seventy-five (75) square feet in area and
shall not exceed ten (10) feet in height or ten (10) feet in length.
3.
4.
Each letter forming a word on a Sign
shall be of a solid color and each such letter shall be the same print-type,
size, and color. The background behind such lettering on the display
surface of a primary Sign shall be of a uniform and solid color.
