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(a) No motor freight depot or trucking terminal shall have truck entrance from, or exits to, any street within the following areas or within fifty (50) feet of such areas:
(1) Beginning at a point on the shoreline of Lake Erie one hundred fifty (150) feet east of the northerly extension of the easterly line of East 14th St., thence southerly, along a line one hundred fifty (150) feet east of and parallel to East 14th St., to the northerly line of St. Clair Ave.; thence easterly along said line of St. Clair Ave. to the easterly line of East 55th St.; thence southerly along said line of East 55th St. to a point one hundred (100) feet north of the northerly line of Hough Ave., N.E.; thence westerly along a line one hundred (100) feet north of and parallel to the northerly line of Hough Ave. and its westerly projection to the easterly line of East 36th St.; thence southerly along said line of East 36th St. to the southerly line of Central Ave.; thence westerly along said line of Central Ave. to the southerly line of Carnegie Ave.; thence westerly along said line of Carnegie Ave. to the easterly line of East 9th St.; thence southerly along said line of East 9th St. to the southerly line of Broadway; thence westerly along said line of Broadway to the southerly line of Carnegie Ave.; thence westerly along said line of Carnegie Ave. to the southerly extension of the westerly line of Ontario St.; thence northwesterly along said extension and line of Ontario St. to the southerly line of Huron Rd.; thence westerly along said line of Huron Rd. and its westerly extension to the westerly line of West 9th St.; thence northerly along said line of West 9th St. to the northerly line of Lakeside Ave.; thence easterly along said line of Lakeside to the westerly line of West 3rd St.; thence northerly along said line of West 3rd St. to the shore line of Lake Erie; thence easterly with said shore line to the point of beginning.
(2) Beginning at the intersection of the center line of the Main Ave. Bridge and the easterly line of West 25th St.; thence southerly along said line of West 25th St. to the northerly line of Franklin Blvd., N.W.; thence easterly along said line of Franklin Blvd. to the easterly line of Columbus Rd., N.W.; thence northerly along said line of Columbus Rd. to the southerly line of the right-of-way of the Erie Railroad; thence easterly along said line of the right-of-way to the northerly extension of the easterly line of West 10th St.; thence southerly along said extension and line of West 10th St. to the southerly line of Fairfield Ave., S.W.; thence westerly along said line of Fairfield Ave. to the easterly line of Scranton Rd., S.W.; thence southerly along said line of Scranton Rd. to the southerly line of Barber Ave., S.W.; thence westerly along said line of Barber Ave. to the westerly line of West 25th St.; thence northerly along said line of West 25th St. to the southerly line of Monroe Ave., S.W.; thence westerly along said line of Monroe Ave. to the westerly line of West 28th St.; thence northerly along said line of West 28th St. and its extension to the center line of Cleveland Memorial Shoreway West; thence easterly along said center line to its intersection with the center of the Main Ave. Bridge; and thence to the point of beginning.
(b) No motor freight depot or trucking terminal shall have truck entrances from, or exits to, any of the following streets, or within fifty (50) feet of such streets on any street intersecting such streets:
Berea Rd., S.W.;
Broadway, S.E., from East 9th St. to East 14th St. and from East 37th St. to the easterly City limits;
Buckeye Rd., S.E., from Woodland Ave., S.E. to Woodhill Rd., S.E.;
Carnegie Ave., S.E. from East 36th St. to East Blvd., S.E.;
Chatfield Ave., from West 150th St. to West 157th St.;
Denison Ave., S.W. from Jennings Rd. to Lorain Ave., W.;
Detroit Ave., N.W. from West 28th St. to the westerly City limits;
East 14th St., from Carnegie Ave., S.E. to Broadway, S.E.;
East 30th St., from Central Ave., S.E. to Pittsburgh Ave., S.E.;
East 40th St., from one hundred (100) ft. north of Hough Ave., N.E. to Woodland Ave.;
East 55th St., from the center line of the right-of- way of the main line of the New York Central Railroad, approximately one thousand six hundred (1,600) feet north of St. Clair Ave. to Broadway, S.E.;
East 71st St., from Euclid Ave., E. to Woodland Ave., S.E.;
East 79th St., from Carnegie Ave., S.E. to Kinsman Rd., S.E.;
East 93rd St., from Woodhill Rd. to Broadway, S.E.;
East 175th St., from St. Clair Ave. to Glen Ave.;
East 176th St., from Codo Ave. to St. Clair Ave.;
Glen Ave., from East 175th St. to East 172nd St.;
Glen Ave. east of East 175th St. to Larchmont Ave.;
Harvard Ave., S.E. from Jones Rd., S.E. to East 93rd St.;
Harvard-Denison Viaduct;
Independence Rd., S.E. from Wheeling and Lake Erie Railroad to Fleet Ave., S.E.;
Jennings Rd., S.W. from West 14th St. to Valley Rd., S.W.;
Jones Rd., S.E. from Harvard, S.E. to Broadway, S.E.;
Kinsman Rd., S.E. from East 55th St. to East 93rd St.;
Lakewood Heights Blvd., southerly side;
Puritas Ave., from West 158th St. to Martha Rd.;
Ridge Rd., S.W. from Denison Ave., S.W. to Memphis Ave., S.W.;
Triskett Rd.;
Valley Rd., S.W. between Broadview Rd., S.W. and approximately 424 feet north of the northerly line of Elston Ave., S.W.;
West 25th St., from Mulberry St., N.W. to Pearl Rd., S.W.;
West 117th St., from Sector Ave. to Berea Rd.;
West 121st St., from Triskett Rd., northerly;
West 130th St., from Bellaire Rd. to Witlow Ave.;
West 130th St., from Spreacher Ave. to Brookpark Rd.;
West 140th St., from Lorain Ave. to Triskett Rd.;
West 150th St., from Lorain Ave. to Puritas Ave.;
West 150th St., from Justin Ave. to Brookpark Rd.;
Woodhill Rd., S.E. from Woodland Ave., S.E. to East 93rd St.;
Woodland Ave., S.E. from East 9th St. to Woodhill Rd., S.E.
(Ord. No. 1757-63. Passed 3-2-64, eff. 3-4-64)
(a) Intent. Within the unique mixed-use industrial/entertainment/retail/residential district known generally as the Flats-Oxbow area, and as referenced in divisions (b) and (e) below, it is recognized that industries in areas currently zoned for industrial use require property ingress and egress by trucks on a twenty-four (24) hour, seven (7) day-a-week basis and may also require twenty-four (24) hour-a-day operation of facilities.
(b) Applicability. The regulations of this section shall apply within the Flats-Oxbow Business Revitalization District and the Whiskey Island area, as described in division (e) below, to all industrial facilities located on property which was zoned for industrial use on the date of passage of the ordinance enacting this section.
(c) Unimpeded Ingress. Ingress and egress by trucks shall be permitted for all applicable properties on a twenty-four (24) hour-a-day, seven (7) day-a-week basis.
(d) Hours of Operation. Industrial facilities on applicable properties shall be permitted to operate on a twenty-four (24) hour-a-day, seven (7) day-a-week basis, in accordance with all other applicable City regulations.
(e) The Whiskey Island area is described as follows:
Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and further bounded and described as follows:
Beginning at the intersection of the Southeasterly right-of-way line of the Conrail Railroad and the Westerly prolongation of the centerline of the Old Ship Channel, so called:
Thence Northeasterly along said Southeasterly right-of-way line to its intersection with the Northerly prolongation of the centerline of the Willow Street bridge:
Thence Southerly along said Northerly prolongation and the centerline of the Willow Street bridge to its intersection with the centerline of the Old Ship Channel, as aforesaid:
Thence in a meandering Westerly direction along the centerline of the Old Ship Channel and its Westerly prolongation to the place of beginning, be the same more or less, but subject to all legal highways.
(Ord. No. 178-A-92. Passed 2-24-92, eff. 3-4-92)
(a) Purpose. The regulations of this section are established to permit the keeping of farm animals and bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(b) Chickens, Ducks, Rabbits and Similar Animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall be governed by the following regulations.
(1) In Residential Districts. In Residential Districts, the following regulations shall apply:
A. Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a standard residential lot of four thousand eight hundred (4,800) square feet, this regulation would permit no more than a total of six (6) such animals.
B. Setbacks. The coops or cages housing such animals may not be located in front yard or side street yard areas and shall not be located within five (5) feet of a side yard line nor within eighteen (18) inches of a rear yard line, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five (5) feet. No animals shall be kept in required front yard or side street yard areas.
C. Prohibitions. No roosters, geese or turkeys may be kept in a Residential District except on a parcel that is at least one (1) acre in area and only if the coop or cage housing the bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than one (1) acre in area, one (1) additional such bird may be kept for each twenty-four thousand (24,000) square feet in excess of one (1) acre. No predatory birds may be kept on any property under the regulations of this section.
D. Coops and Cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages, singly or in combination, shall not exceed fifteen (15) feet in height.
E. Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each bird.
(2) In Non-Residential Districts. In zoning districts other than Residential Districts, all regulations applicable in Residential Districts shall apply except that the number of such animals shall be limited to one (1) animals for each four hundred (400) square feet of lot area.
(c) Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals, shall be governed by the following regulations:
(1) In Residential Districts. In Residential Districts, no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than twenty-four thousand (24,000) square feet in area. For a parcel that is at least twenty-four thousand (24,000) square feet in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional two thousand four hundred (2,400) square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.
(2) In Non-Residential Districts. In zoning districts other than Residential Districts, no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than fourteen thousand four hundred (14,400) square feet in area. For a parcel that is at least fourteen thousand four hundred (14,400) square feet in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional one thousand two hundred (1,200) square feet of area. Stables or other enclosures for such animals shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.
(3) Prohibitions. No horses, cows, alpacas, llamas or similar animals shall be kept on a property except in areas specifically designated for the keeping of such animals.
(d) Bees. The keeping of bees, and associated beehives, shall be governed by the following regulations.
(1) In Residential Districts. In Residential Districts, the following regulations shall apply:
A. Number. No more than one (1) beehive shall be kept for each two thousand four hundred (2,400) square feet of lot area, and no beehive shall be kept on a lot less than two thousand four hundred (2,400) square feet in area.
B. Location and Setbacks. No beehive shall be kept closer than five (5) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.
C. Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier,” at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.
D. Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
E. Prohibitions. No Africanized bees may be kept on a property under the regulations of this section.
(2) In Non-Residential Districts. In zoning districts other than Residential Districts, all regulations applicable in Residential Districts shall apply except that the number of beehives shall be limited to one (1) for each one thousand (1,000) square feet of lot area.
(e) Lots Without a Residence. Notwithstanding the provisions of Section 337.23 regarding Accessory Uses, farm animals or bees may be kept on a lot that is vacant or has no occupied residence but only if the applicant for such activity submits written documentation to the Director of Public Health, in accordance with the provisions of Section 205.04, demonstrating that the use will be managed in a manner that prevents the creation of nuisances or unsanitary or unsafe conditions.
(f) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.
(g) Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.
(h) Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only if for consumption by the occupants of the premises. No other farm animal may be slaughtered on site.
(i) Application to Building and Housing Department. A proposal for the keeping of farms animals or bees is subject to approval by the Department of Building and Housing only if a Building Permit is required by the regulations of division (i)(2) of this section.
(1) Contents of Application. The application shall include the information required by the provisions of division (a) of Section 205.04.
(2) Building Permits. A Building Permit shall be required for installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no Building Permit shall be required for cages, coops or beehives that are not permanently attached to the ground or to another structure and do not exceed thirty-two (32) square feet in area nor eight (8) feet in height. No Building Permit shall be required for the barrier constituting a required enclosure if such barrier is not permanently attached to the ground and does not exceed three (3) feet in height; and no permit shall be required for a “flyway” barrier not exceeding six (6) feet in height and six (6) feet in length.
(j) Application to Public Health Department. In accordance with the provisions of Section 205.04, anyone proposing to keep farm animals or bees on a property in the City of Cleveland shall apply for a two (2) year license from the City of Cleveland through its Department of Public Health on a form provided by that office.
(k) Building Conditions. The keeping of farm animals or bees shall not be permitted on a property occupied by a building that has been condemned by the Department of Building and Housing.
(l) Enforcement. The Director of the Department of Building and Housing or the Director’s designee shall have the authority to inspect any property to determine compliance with the regulations of this section regarding the construction and permitted placement of enclosures, fences, cages, coops, beehives, stables and other structures used in the keeping of farm animals or bees and shall have the authority to enforce the regulations of this section as they apply to such matters. The Department of Public Health shall have the authority to enforce regulations of this section in accordance with the provisions of Section 205.04.
(m) Variances. The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this section.
(n) Definitions. Terms used in this section shall have the meanings assigned to them in the following definitions:
(1) Farm Animal. “Farm animal” means any domestic species of animal that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an “exotic animal” as defined in Section 603A.02 and is not a house pet such as a dog, cat or similar animal.
(2) Coop and Cage. “Coop” and “cage” mean a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals or birds.
(3) Enclosure. “Enclosure” means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area.
(4) Predatory Bird. “Predatory bird” means an owl, hawk, falcon, eagle or similar bird that feeds principally by catching living prey.
(5) Similar Animal. Any farm animal that is similar to other animals listed in a particular category of permitted animals with respect to impacts on nearby properties, including noise, odors, safety hazards or other nuisances.
(Ord. No. 457-11. Passed 5-16-11, eff. 5-20-11)
No entrance to a pool room, skating rink, dance hall or amusement park, shall be established less than four hundred (400) feet from the premises of an existing nursery school, elementary school or high school.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)
No person shall establish any cemetery or other place for the interment of dead bodies within the corporate limits of the City. However, nothing in this section shall prevent cemeteries existing on November 5, 1929, from acquiring land for expansion when done in accordance with the provisions of the Ohio Revised Code.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)
No space for the storage or distribution of coal, cinders, stone, slag, sand, cement, lime, iron ore or similar dust-producing material, and no space for manufacturing, refining or mixing tar, asphalt or other similar binding or waterproofing material, shall be located less than three hundred (300) feet from a Residence District, Local Retail Business District or General Retail Business District, except where the dust, smoke, odor, noise and vibration therefrom will effectively be confined to the premises.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)
(a) General Provisions. No junk or wrecking yard not within a General Industry or Unrestricted Industry District, used for the storage or sale of salvaged lumber or other used building material, or of junk metals, paper, rags, rubber, glass or other discarded or salvaged articles, containers or materials, or for the wrecking or dismantling of motor vehicles, shall be operated or maintained for more than eighteen (18) months after a zoning change to a use district within which such yards are not permitted, except that in a Semi-Industry District such junk material or wrecking yard may continue to operate as a nonconforming use if the yard has constructed around it a minimum seven (7) foot high solid masonry wall or slightly solid, nontransparent, well-maintained substantial fence.
The Board of Zoning Appeals may grant a variance from the requirement of a solid masonry wall or solid fence along any side of a junk or wrecking yard which does not front upon a street or Residence District, in a Semi-Industry District or General Industry District, if the Board determines that such variance will not be offensive or objectionable by reason of topography, adjacent land use or barriers including natural barriers such as shrubbery and/or trees.
No wall or fence shall be required to be constructed between two (2) junk or wrecking yards immediately adjacent to each other. Should one (1) junk or wrecking yard be discontinued then the remaining yard shall construct a wall or fence in accordance with these provisions.
(b) Definitions. As used in this section:
(1) “Solid masonry wall or slightly solid, nontransparent fence” means a barrier constructed of masonry, concrete block or precast concrete panels, or chain link (steel or aluminum with slats), metal (corrugated or plain), attached to metal or treated wood posts or cross members on other similar material which is nontransparent and hides or shields the area behind the fence from ordinary view. The minimum height shall not include barbed wire or other similar wire.
(2) “Well maintained fence or wall” means a fence or wall which is plumb with no more then a four (4) inch deflection from a vertical position, measured at the top of the fence protected by painting or treated so as to be corrosion and rust resistant and without any bends or breaks, or flaking or peeling of paint or missing or broken slats.
(c) Existing Fence. As an exception to the requirements of subsection (a) hereof, any fence, including wooden fence, at least six (6) foot high now installed pursuant to a permit issued by the Building Commissioner, constructed around a junk or wrecking yard may be continued except that any replacement or substitution must conform to the minimum requirements and provide that the existing fence shall be well maintained, sightly and solid.
(d) Height of Junk. In any use district allowing junk or wrecking yards, the storage of such junk or used material shall not be piled higher than three (3) feet above the height of the wall or fence enclosing the yard, provided that at any point closer than five (5) feet, the junk or used material shall not be piled above the heights of the wall or fence.
(e) Setback Requirements. Any junk or wrecking yard in any use district wherein there is required a setback area between the street line and building line shall construct an eighteen (18) inch high barrier around the setback area.
(Ord. No. 407-70. Passed 6-1-70, eff. 6-4-70)
(a) Purpose. Based upon evidence and findings of negative secondary effects of adult entertainment uses presented in hearings before the Council and in studies from other communities, including the cities of Indianapolis and New York, the Council finds that adult entertainment uses in Cleveland cause negative secondary effects and has created this section to regulate adult entertainment uses to promote the health, safety, morals and general welfare of the citizens of Cleveland by establishing reasonable and uniform regulations to prevent concentration of adult entertainment uses and location near specified other uses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is not the intent, or effect of this section to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Additionally, it is not the intent or effect of this section to condone or legitimize the distribution of obscene material.
(b) Definitions. As used in this Zoning Code:
(1) "Specified Sexual Activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
B. Sex acts, actual or simulated, including masturbation, intercourse, oral copulation or sodomy;
C. Excretory functions as part of or in connection with any of the activities set forth in A. and B. above.
(2) "Specified Anatomical Areas" means:
A. The cleft of the buttocks, anus, male or female genitals, or the female breast.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) "Adult Bookstore" or "Adult Video Store" means an establishment, which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
A. Books, magazines, newspapers, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser discs, compact discs 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 other paraphernalia, except prophylactic products, designed or marketed for use in connection with "specified sexual activities."
An establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purpose will not serve to exempt an establishment from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is
the offering for sale or rental for consideration the above specified materials.
the offering for sale or rental for consideration the above specified materials.
(4) "Adult Motion Picture Theatre" means a commercial establishment, regardless of capacity, where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." This definition of adult motion picture theater does not include the definitions of adult video arcade and adult cabaret, which are separate uses.
(5) "Adult Video Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained wherein still or motion picture machines, projectors, video, compact or laser disc players or other image-producing devices are operated or maintained to show images to five (5) or fewer persons per enclosed area or booth at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6) "Adult Cabaret" means a commercial establishment, including a nightclub, bar, juice bar, restaurant, bottle club, or similar establishment, whether or not alcoholic beverages are served, which regularly features any of the following:
A. persons who appear in a state of nudity or semi-nudity;
B. persons who expose specified anatomical areas, or dancers, strippers or similar live entertainers in performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities";
C. films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."
This definition of adult cabaret does not include the definitions of adult live entertainment arcade or adult theater, which are separate uses.
(7) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who expose "specified anatomical areas" or live performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities." This definition of adult theater does not include the definition of adult live entertainment arcade which is a separate use.
(8) "Adult Live Entertainment Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained for viewing by five (5) or fewer persons at any one (1) time live entertainment such as a dance routine, strip performance or other similar entertainment, which live entertainment is distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities" or by persons who appear in a state of nudity or semi-nudity.
(9) "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(10) "Semi-nudity" or "state of semi-nudity" means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(c) Location. Uses defined in divisions (b)(3) Adult Bookstore or Adult Video Store, (b)(4) Adult Motion Picture Theater, (b)(5) Adult Video Arcade, (b)(6) Adult Cabaret, (b)(7) Adult Theater and (b)(8) Adult Live Theater Entertainment Arcade of this section are designated "adult entertainment" uses. Where permitted in a use district, adult entertainment uses are subject to the following location restrictions:
(1) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a residence district.
(2) No two (2) adult entertainment uses shall be located in the same premises or on the same lot. An adult entertainment use may never be an accessory use as that term is used in this Zoning Code.
(3) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing adult entertainment use, or of a lot or lots where there is no building or structure, but for which a valid and current permit or certificate of occupancy is issued for an adult entertainment use.
(4) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a pool or billiard hall or a video or pinball arcade or tattooing or body piercing establishment.
(5) No adult entertainment use shall be located on a lot or lots within one thousand (1,000) feet of a premises, which may be one (1) or more lots, having as its principal use: a church, synagogue or mosque; special education, preschool, kindergarten, elementary, junior high or high school; education or training facility for mentally or physically disabled persons; public or nonprofit community center in which there are regular programs for minors; public library; public park; public recreation center; playground; hospital; clinic; infirmary; nursing or convalescent homes; home for the aged; rest home; orphanage or day care center.
(d) Permit Applications. The City shall approve or disapprove the portion of the completed application requiring review under division (c) within thirty (30) calendar days of submission.
(e) Signs and Exterior Display. No adult entertainment use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decorations, sign, show window or other opening from any public view.
(f) Disseminating and Displaying Material Harmful to Juveniles. All adult entertainment uses shall comply with applicable state and local laws regarding the dissemination and display of material harmful to juveniles.
(Ord. No. 922-15. Passed 3-21-16, eff. 3-24-16)
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