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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning
CHAPTER 1121 Conformance of Future Land Use and Major Thoroughfare Plans
CHAPTER 1123 General Provisions
CHAPTER 1125 Definitions
CHAPTER 1127 Administration, Enforcement and Penalty
CHAPTER 1131 Use Districts and Zoning Map
CHAPTER 1133 Amendments
CHAPTER 1135 Conditional Uses
CHAPTER 1137 Supplemental District Regulations
CHAPTER 1140 COS Conservation Open Space District
CHAPTER 1142 R-LD Residential-Low Density District
CHAPTER 1144 R-MD Residential-Medium Density District
CHAPTER 1146 R-UD Residential-Urban Density District
CHAPTER 1148 R-TH Residential-Two Household District
CHAPTER 1150 R-MHL Residential-Multi-Household Low Density District
CHAPTER 1152 R-MHH Residential-Multi-Household High Density District
CHAPTER 1154 R-MHP Residential - Manufactured Home Park District
CHAPTER 1156 B-N Business-Neighborhood District
CHAPTER 1158 B-D Business-Downtown District
CHAPTER 1160 B-G Business-General District
CHAPTER 1162 B-AO Business-Automotive Oriented District
CHAPTER 1163 POD Professional Office District
CHAPTER 1164 L-I Light Industrial District
CHAPTER 1166 H-I Heavy Industrial District
CHAPTER 1168 S-I Special Industrial District
CHAPTER 1170 TPD Technology Park District
CHAPTER 1171 Nonconforming Uses
CHAPTER 1173 Off-Premises Outdoor Advertising Signs
CHAPTER 1174 On-Premises Signs
CHAPTER 1175 Off-Street Parking and Loading
CHAPTER 1176 REDEVELOPMENT OVERLAY DISTRICT (RDOD)
CHAPTER 1177 Residential Planned Unit Developments (R-PUD)
CHAPTER 1179 Cluster Development
CHAPTER 1181 Planned Unit Developments
CHAPTER 1183 Design Review
CHAPTER 1184 Submission of Plans
CHAPTER 1186 Cellular Communication Sites
CHAPTER 1187 Sexually Oriented Businesses
CHAPTER 1188 Wind Energy Facility
CHAPTER 1199 Penalties, Remedies and Fees
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 1187
Sexually Oriented Businesses
1187.01   Purpose and findings.
1187.02   Definitions.
1187.03   Classification of businesses.
1187.04   Establishment and location of sexually oriented businesses.
1187.05    Additional regulations concerning lot, yard, height, parking, building and site design standards, and site development plan requirements.
1187.06   Sign regulations for sexually oriented businesses.
1187.07   Severability.
   CROSS REFERENCES
   Sexually oriented businesses; licensing and operation - see BUS. REG. Ch. 746
1187.01 PURPOSE AND FINDINGS.
   A.   Purpose.
      It is the purpose of this amendment to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City of Elyria, and to establish reasonable and uniform regulations to prevent the deleterious location of sexually oriented businesses within the City of Elyria. The provisions of this amendment do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this amendment to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this amendment to condone or legitimize the distribution of obscene material.
   B.   Findings.
      The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to: Denver, Colorado; Garden Grove, California; Kansas City, Missouri; Indianapolis, Indiana; Minneapolis, Minnesota; and New York, New York.
(Ord. 2007-38. Passed 5-7-07.)
1187.02 DEFINITIONS. 
   A.   “Adult Arcade” means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, DVDs, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at 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.
   B.   “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:
      1.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVDs, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas: or
      2.   Instruments, devices, or paraphernalia which are designed 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 “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 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.
   C.   “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
      1.   Persons who appear in a state of nudity or state of semi-nudity; or
      2.   Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
      3.   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
      4.   Films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   D.   “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, DVDs, 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.
   E.   “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, and which does not also meet the definition of a mainstream performance house.
   F.   “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.
   G.   “Establishment” means and includes any of the following:
      1.   The opening or commencement of any sexually oriented business as a new business;
      2.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
      3.   The addition of any sexually oriented business to any other existing sexually oriented business; or
      4.   The relocation of any sexually oriented business.
   H.   “Nude model studio” means any place where a person who appears 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” shall not include:
      1.   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
      2.   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
      3.   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 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 semi-nude model is on the premises at any one time.
   I.   “Nudity “ or a “state of 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 nifty 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.
   J.   “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
   K.   “Principal business purpose” means twenty-five percent (25%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is the greater.
   L.   “Semi-nudity” or “semi-nude condition” 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.
   M.   “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
      1.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      2.   Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
   N.   “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
   O.   “Specified anatomical areas” means:
      1.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
      2.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
   P.   “Specified sexual activities” means any of the following:
      1.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
      3.   Excretory functions as part of or in connection with any of the activities set forth in P.1. and 2. above.
(Ord. 2007-38. Passed 5-7-07.)
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