(a) As used in this section:
(1) "Adult book store" means an establishment which has a substantial or significant portion of its stock in trade, books, magazines or other periodicals, films or mechanical or non-mechanical devices, which establishment excludes minors by virtue of age and which adult materials are obscene or harmful to juveniles as defined in Ohio R. C. 2907.01(E) and (F).
(2) "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in theater presenting materials for observation by the patrons therein, which theater excludes minors by virtue of age and has a substantial or significant portion of materials for observation, which materials are obscene or harmful to juveniles as defined in Ohio R. C. 2907.01(E) and (F).
(3) "Adults only entertainment establishment" means an establishment which features totally nude, topless or bottomless strippers, male or female impersonators or similar entertainment or services, which establishment excludes minors by virtue of age and which entertainment or services are obscene or harmful to juveniles as defined in Ohio R. C. 2907.01(E) and (F).
(4) "Sexually oriented business" means an adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device shop, or sexual encounter center as defined in Ohio R.C. 2907.40.
(b) Location: Sexually Oriented Businesses/Adult Entertainment may be located within the "GS" (General Commercial) zoning district provided that such sexually oriented business is substantially similar to a listed permitted use within the district, and provided that the Sexually Oriented Business is otherwise in compliance with the specific requirements of the zoning district, the requirements of this Chapter, and the requirements of the City of Bexley Planning and Zoning Code in general.
(c) No building or property occupied by a Sexually Oriented Business/Adult Entertainment establishment may be located adjacent to, or across the street from, any residentially zoned or used land, whether or not such residentially zoned or used land is located within the limits of the City of Bexley.
(d) Minimum Spacing Requirements: No building or property occupied by a Sexually Oriented Business/Adult Entertainment establishment may be located closer than seven hundred (700) feet to:
(1) Any church, synagogue, mosque, temple or any other building which is primarily used for religious worship and related religious activities.
(2) Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, colleges and universities.
(3) Any public or private park or public or private recreational area that has been designated for park or recreational activities including but not limited to a park, playground, swimming pool, reservoir, athletic field, basketball or tennis courts, miniature golf course or other similar family recreation area, and other similar public land.
(e) Within the City, no building or premises shall be used and no building shall be erected, constructed or developed, nor any existing building reconstructed or remodeled, which is arranged, intended or designed to be used for an adult book store, adult motion picture theater, adults only entertainment establishment, or sexually oriented business except pursuant to a special permit issued by the Board of Zoning and Planning.
(f) Adult book stores, adult motion picture theaters, adults only entertainment establishments or any business offering any combination of such uses shall be permitted to locate within 2,000 feet of each other if the following findings are made by the Board:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties.
(2) The proposed use will not enlarge or encourage the development of a blighting influence.
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or interfere with any program of urban renewal.
(4) All applicable regulations of this section will be observed.
(Ord. 29-16. Passed 11-15-16.)