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1154.02 ADULT ENTERTAINMENT FACILITIES; LOCATION.
   Adult entertainment facilities are conditionally permitted in the M-2 Heavy Manufacturing Districts only, and are additionally subject to the conditions hereafter set forth.
(Ord. 111-86. Passed 1-19-86.)
1154.03 CONDITIONS.
   (a)   No adult entertainment facility shall be established within 2,000 feet of any area zoned for residential use.
   (b)   No adult entertainment facility shall be established within a radius of 2,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, which school, library or teaching facility is attended by persons under eighteen years of age.
   (c)   No adult entertainment facility shall be established within a radius of 2,000 feet of any park or recreational facility attended by persons under eighteen years of age.
   (d)   No adult entertainment facility shall be established within a radius of 2,000 feet of any other adult entertainment facility.
   (e)   No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
   (f)   All building openings, entries, windows, etc., for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
   (g)   No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters, enclosed or drive-in; that can be seen or discerned by the public from public or semi-public areas.
   (h)   Off-street parking shall be provided in accordance with standards for permitted uses within M-2 Districts as appropriate.
   (i)   Subsections (a) through (e) herein may be waived by the Board of Zoning Appeals provided that the application provides affidavits of at least fifty-one percent (51%) of the property owners and resident freeholders within the above-described radius, giving their consent to the establishment of an adult entertainment facility and if the Board determines:
      (1)   That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
      (2)   That the proposed use will not enlarge or encourage the development of a skid row or similar depressed area;
      (3)   That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal, residential or commercial reinvestment, or renovation of a historical area; and
      (4)   That all applicable regulations of this section will be observed.
   (j)   No adult entertainment facility where a previously existing nonconforming use has been discontinued for a period of six months or more shall again be put to such a nonconforming use.
(Ord. 111-86. Passed 1-19-86.)
1154.04 UNLAWFUL EXHIBITION OR DISPLAY OF HARMFUL MATERIAL TO JUVENILES.
   No person, having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall recklessly do any of the following:
   (a)   Allow, permit or fail to prevent any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on the premises if in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public or otherwise, there is visibly displayed all or any part of any book, magazine, newspaper or other form of any material which is either of the following: harmful to juveniles when taken as a whole; or contains on its cover, package, wrapping or within the advertisements therefor, depicitions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals.
   (b)   Visibly display, exhibit or otherwise expose to view, all or any part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are, or will probably be, exposed to view all or any part of such material from any public or private place.
   (c)   Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place, any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.
      (Ord. 111-86. Passed 1-19-86.)
1154.99 PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree.
(Ord. 111-86. Passed 1-19-86.)