(A) Intent. It is recognized that some uses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, causing a harmful effect upon the adjacent areas. Therefore, the following intents are served by these regulations:
(1) This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
(2) These provisions are not intended to impose a limitation or restriction on the content of any communicative materials including adult materials protected by the First Amendment to the United States Constitution.
(3) It is not the intent of the provisions of this section to restrict or deny access by adults to adult materials protected by federal and state constitutions.
(4) It is not the intent of these provisions to deny access by the distributors and exhibitors of adult entertainment to their target market.
(5) These regulations do not intend to legitimize any activities prohibited by federal or state law, or by any other Ordinance of the Town of Bargersville.
(B) Regulations.
(1) An adult business and its accessory structures (including signs) must have a minimum separation of 1,320 feet from another adult business and its accessory structures.
(2) An adult business and its accessory structures must have a minimum separation of 660 feet of any parcel in a residential district or any parcel used for a residence, public park, school, childcare facility, church, or similar place of worship, public library, government offices, police department or fire department, youth center, or commercially operated school attended by children such as dance schools, gymnastic centers, and the like ("protected uses"). The distance between a proposed adult business and any protected use is measured in a straight line from the nearest property line upon which the proposed adult business is to be located to the nearest property line of the protected use.
(3) Any sign or advertising for the adult business must comply with the provisions of this chapter (see § 154.113). No sign or advertising may include photographs, silhouettes, or drawings of any specified anatomical areas or specified sexual activities, or obscene representations of the human form, and may not include animated or flashing illumination.
(4) The entrances to the proposed adult business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two inches in height stating: "Persons under the age of 18 are not permitted to enter the premises".
(5) No product, picture, or service for sale or gift may be displayed to be visible by a person of normal visual awareness from the nearest adjoining roadway or a neighboring property.
(6) Hours of operation are limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.
(8) Any booth, room or cubical available in any adult business used by patrons for the viewing of any entertainment shall:
(a) Be unobstructed by any door, lock, or other entrance and exit control device;
(b) Have at least one side completely open to a public, lighted aisle so there is an unobstructed view of any occupant at all times from the adjoining aisle;
(c) Be illuminated such that a person of normal visual acuity looking into the booth, room, or cubical from its entrance adjoining the public lighted aisle can clearly determine the number of people within;
(d) Have no holes or openings in any side or rear wall unrelated to utility, ventilation, or temperature control services or otherwise required by any governmental ordinance or authority.
(C) Conditions of approval. Before granting approval for the establishment of any adult business, the BZA may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult business necessary for the protection of the public interest. Any evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection are fulfilled.
(D) Access to minors. No person operating an adult business may permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.
(E) Definitions.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration an electronically, electrically, or mechanically controlled still or motion picture machine, projector, video or disc player, or other image producing device is maintained to show images to five or fewer persons per machine at any one time, and where the image is so displayed or distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its principal 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, discs or other video reproduction, slides, or other visual representations which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
ADULT BUSINESS or SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio, sexual encounter center, or massage parlor; provided, "massage parlor" shall not include a spa, medical facility, athletic club, or similar business where physical therapy and/or massages are offered by a massage therapist licensed to practice in the State of Indiana.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear live in a state of nudity or semi-nudity; or
(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
(c) Films, motion pictures, video cassettes or discs, slides or other video or photographic reproductions which are distinguished or characterized by the depiction of "specified sexual activities" or "specified anatomical areas".
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; 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 type of photographic reproduction; or
(b) Regularly offers a sleeping room for rent for a period less than ten hours; or
(c) Regularly allows a tenant or occupant of a sleeping room to sub-rent the room for a period less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, or other similar photographic reproduction are regularly shown which are consistently distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
SPECIFIED ANATOMICAL AREA. Means either:
(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, attached pubic hair, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITY. Means any one 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 the definitions for ADULT ARCADE, ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.
(Ord. 2022-17, passed 7-19-2022)