(a) Definitions. The following definitions apply to sexually-oriented uses and businesses:
(1) Obscene: Any sexually oriented material or performance that when considered as a whole and judged with reference to ordinary adults is "obscene" if it contains a series or displays or descriptions of sexual anatomy or activities, extreme or bizarre acts of violence, or bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake, or in a way that inspires disgust or revulsion in persons with ordinary sensibilities, or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose. Obscene sexually oriented material includes any of the following activities as part or in connection with any of the uses of an establishment set forth in this Code:
A. Human male genitals, open female labia, or the female breast areola in a discernibly turgid state of sexual stimulation or arousal;
B. Fondling, rubbing, penetration, or other erotic touching or display of human genitals, pubic region, buttock, anus, or female breasts;
C. Actual sexual activity, normal or perverted, including human masturbation, the penetration of any orifice with a male penis or sex toy, sexual intercourse, sodomy, cunnilingus, fellatio, bestiality, or sadomasochistic activities or other extreme or bizarre violence, cruelty, or brutality used to arouse lust;
D. Excretory functions, actual or simulated, including urination, defecation, ejaculation, or the aftermath of ejaculation.
(Ord. 2021-057. Passed 6-16-21.)
(2) Sexually-Oriented Business: An establishment where a substantial portion of the use (i.e., more than a minimal use. A minimal use does not exceed one percent (1%) or 30 square feet, whichever is less, of the available retail display space) is distinguished or characterized by its emphasis on sexually-oriented materials. Sexually-oriented businesses include, but are not limited to the following uses: adult book stores, adult cabarets or nightclubs, adult motion picture theaters, sexually-oriented media stores, sexually-oriented motels, sexually-oriented encounter centers; sexually-oriented escort agencies; sexually-oriented spas; or sexually-oriented viewing booths.
(Ord. 2023-051. Passed 8-16-23.)
(b) Potential Concerns.
(1) Hours of Operation.
(c) Conditions.
(1) That the proposed use or business must not be contrary to the public interest or be injurious to nearby properties;
(2) That the proposed use or business must not enlarge or encourage the development of a blighting influence;
(3) That the establishment of an additional regulated use in the area must not be contrary to any program of neighborhood conservation;
(4) A sexually oriented business or use must not be established within one thousand (1,000) feet of any R-1, R-2, R-3, R-3A, R-4 or R-C District or any residential use, whether in the City of Kent or in surrounding cities or townships or within one thousand (1,000) feet of any school, church, day care center, park or library;
(5) A sexually oriented business or use must not be established within one thousand (1,000) feet of any other sexually oriented business or use;
(6) Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas must be out of view of the public right-of-way and surrounding property;
(7) A sexually oriented business or use must not be established in the same building with another adult cabaret or adult bookstore or adult motion-picture theater;
(8) A sexually oriented business or use must only operate during hours reasonably designated by the City of Kent Planning Commission.
(9) A sexually oriented business or use authorized under this section must have entrances to the establishment shielded in such a way that individuals outside the business building will not be able to see the entertainment area inside the building. Additionally, said shielding must not consist of a curtain alone, must not obstruct any exit sign or panic hardware for any exit, nor can the shielding be constructed in such a way as to block any exit. All shielding must be approved by the City Fire Chief.
(10) Adult book store or adult motion picture theater must not be established within one thousand (1,000) feet of another adult book store or adult motion picture theater.
(11) Any sexually oriented business or use that meets the definition of obscene in Section 1105.56
(a)(1) is prohibited by this Zoning Code.
(Ord. 2021-057. Passed 6-16-21.)