(a) Purpose and Intent. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City of Fairborn, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance 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 chapter to condone or legitimize the distribution of obscene material. rather, This chapter is intended to provide for the proper location of adult uses in order to protect the integrity of adjacent neighborhoods, educational uses, religious uses, parks and other areas where large numbers of minors regularly travel or congregate, and the quality of urban life. Proper separation of adult uses prevents the creation of “skid-row” areas in the City of Fairborn, Ohio that results from the concentration of these uses and their patrons. It is the intent of this chapter to limit the secondary effects of adult uses. The standards in this chapter are intended to ensure that residential districts, religious uses, educational uses, parks and other areas where large numbers of minors regularly travel or congregate are located in areas free from the secondary effects of adult uses. The location of residential districts, religious uses, educational uses, parks and other areas where large numbers of minors regularly travel or congregate within viable, unblighted and desirable areas supports the preservation of property values and promotes the health, safety and welfare of the public.
(b) Findings of Facts. Based upon various studies done on the effects of adult uses on the quality of community life, the recognition of the United States Supreme Court and the courts of Ohio that a city’s regulation of the location of adult uses in order to preserve the quality of urban life constitutes a substantial government interest, and based upon the successful enactment and enforcement of similar ordinances throughout this state and other states, Council hereby finds that the enactment of a zoning ordinance to regulate the location of adult uses is a substantial government interest for the City of Fairborn in preserving the quality of urban life and that it is in the interest of the health, safety, morals, and general welfare of the citizens of Fairborn, Ohio that adult uses are regulated pursuant to the standards herein.
(Ord. 5-07. Passed 2-19-07.)