(a) Definitions. As used in this Zoning Code:
(1) "Adult arcade" means any place to which the public is permitted or invited where either or both:
A. Motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any other form of consideration, to show images to five (5) or fewer persons per machine at any one time; or
B. Live entertainment is available in a format designed for viewing by five (5) or fewer persons at any one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(2) "Adult bookstore," "adult novelty store," or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
B. Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
A commercial establishment shall be deemed to have as a principal business purpose the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities if: Such commercial establishment devotes more than thirty percent (30%) of its total floor area to such sales or rentals, Such commercial establishment devotes more than thirty percent (30%) of its product display space to such sales or rentals, or On an annual basis, more than thirty percent (30%) of the gross revenues generated by such commercial establishment are attributable to such sales or rentals. A commercial establishment may have other principal business purposes that do not involve offering for sale or rental materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities, 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 a commercial establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is 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 or are designed for use in connection with specified sexual activities.
(3) "Adult cabaret" means a nightclub, bar, restaurant, theater, concert hall, auditorium or other commercial establishment that for the purpose of arousing, stimulating or gratifying the sexual desires of employees or customers, features:
A. Persons who appear in a state of nudity or seminudity;
B. Live entertainment characterized by the depiction or description of specified anatomical areas; or
C. Live entertainment of an erotic nature including erotic dancers, strippers, male or female impersonators, or similar entertainment.
(4) "Adult entertainment business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, nude model studio, or sexual encounter center.
(5) "Adult motel" means a hotel, motel or similar commercial establishment that:
A. Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than ten ( 10) hours; or
C. Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten (10) hours.
(6) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(7) "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(8) "Employee" means a person who performs any service or work on the premises of any adult entertainment business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(9) "Nude model studio" means any place where a person who appears nude or semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" does not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
(10) "Nudity" or "nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(11) "Parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
(12) "Semi-nudity" or "semi-nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(13) "Sexually oriented business" means an adult entertainment business or an adult motel.
(14) "Sexual encounter center" means a business or commercial enterprise that offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(15) "Specified anatomical areas"means:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(16) "Specified sexual activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
C. Excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above.
(b) Location of Sexually Oriented Businesses. Notwithstanding any other provision of this Zoning Code, no sexually oriented business shall be operated or maintained except within an I-I Industrial District.
(c) Additional Location Restrictions. No sexually oriented business shall be operated or maintained on a parcel of land located within:
(1) Five hundred (500) feet of any parcel of land which is zoned for residential uses;
(2) Five hundred (500) feet of any parcel of land on which a church, state- licensed day care facility, public library, public educational facility that serves persons under the age of eighteen ( 18) years, elementary school, or public playground is located; or
(3) One thousand (1,000) feet of any parcel of land on which any other existing sexually oriented business is located.
For purposes of this subsection (c) distances shall be measured in a straight line, without regard to intervening structures, from property line to property line, using the closest property lines of the parcels of land involved.
(Ord. 00-168. Passed 12-11-00.)