(A) Purpose. These two districts are intended to recognize and accommodate those commercial uses which are directly automobile oriented and must, by necessity, be located on major highways. The primary distinction between the two districts is the traffic-generating characteristics, as well as the intensity of land use.
(1) Highway Service District 1 (HS-1). The HS-1 District is for highway oriented intensive land uses, or high traffic generators usually located on the relatively small parcels of land.
(2) Highway Service District 2 (HS-2). The HS-2 District is for highway oriented business usually requiring large tracts of land, but generally considered to be low traffic generators.
(B) Uses permitted by right. The following uses shall be permitted, provided they meet the requirements of all applicable regulations:
(1) Highway Service District 1 (HS-1).
(a) Car wash;
(b) Drive-in banks;
(c) Restaurants and fast food restaurants;
(d) Taverns, night-clubs;
(e) Drive-in business (excluding drive-in theatres) where service may be in automobiles or outdoors, but where all other activities shall be carried on within a building. The outdoor space used or service shall be paved and adequately maintained so as to provide a durable, smooth, and dustless surface, and shall be so graded and provided with adequate drainage facilities that adjacent properties will not be adversely affected;
(f) Gasoline service stations under the following conditions:
1. Steam-cleaning, mechanical, or physical modification of motor vehicles is specifically prohibited;
2. All activities, except those required to be performed at the fuel pumps, and car washing shall be carried on inside a building. If work is performed on a vehicle, that vehicle shall be entirely within a building;
3. No outdoor storage of wrecked, unlicensed, or partially dismantled vehicles shall be permitted unless the vehicles are required to be stored for a period of time by police or court order.
4. No more than two driveway approaches shall be permitted directly from any major street, nor more than one driveway approach from any minor street, each of which shall not exceed 30 feet in width at the property line. If the property fronts on two or more streets, the driveways shall be located as far from the intersection of the street right-of-way lines as practical, but no less than 50 feet; and
(g) Roof-mounted solar energy systems.
(2) Highway Service District 2 (HS-2).
(a) Building supply and equipment stores;
(b) Indoor and outdoor motor vehicle, trailer, and boat display, sales, rental, and handling primarily new merchandise;
(c) Farm and contractors' equipment or storage yard, including sales and rentals;
(d) Bowling alleys;
(e) Golf driving ranges;
(f) Miniature golf when in conjunction with a driving range;
(g) Motels, motor courts;
(h) Public utility service yard or electrical receiving or transforming station;
(i) Indoor theatres;
(j) Greenhouses and nursery operations;
(k) Other uses similar to uses permitted by right, provided they comply with the purpose and intent of this HS-2 District; and
(l) Roof-mounted solar energy systems.
(C) Uses permitted by special exception only. The following uses may be permitted in the HS-2 District only by special exception.
(1) Outdoor drive-in theatres;
(2) Used car lots except when in conjunction with a new car dealership;
(3) Auditorium, athletic field, stadium, or other similar assembly halls;
(4) Amusement parks other than a golf driving range or miniature golf; and
(5) Ground-mounted solar energy systems. Also permitted by special exception in HS-1.
(D) Design specifications.
Type of Area HS-1 District, HS-2 District
|
Type of Area HS-1 District, HS-2 District
| ||
Minimum lot area | 10,000 | 1 acre |
Minimum frontage | 80 feet | 100 feet |
Setbacks and yards | ||
Minimum setback | In accordance with § 154.069 | |
Side and rear yards | 10 feet | 50 feet each with a minimum of 20 feet preserved as a landscaped buffer strip along all boundaries |
Maximum lot coverage | 25% | 25% |
Maximum height | 35 feet | 35 feet |
Exceptions | ||
Parking and loading | ||
(E) Sexually oriented businesses.
(1) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SEXUALLY ORIENTED BUSINESSES. Those businesses defined as follows:
1. ADULT ARCADE. Any establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
2. ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock and trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
b. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials 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 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 offering for sale or rental, from some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
3. ADULT CABARET. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
a. Persons who appear nude or in a state of nudity or semi-nude;
b. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
4. ADULT MOTEL. A motel, hotel or similar commercial establishment which:
a. Offers public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets, or leaflets, radio or television, or internet mediums; or
b. Offers a sleeping room for rent for a period of time less than ten hours; or
c. Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
5. ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
6. ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
7. ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
8. ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
9. MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in or by any licensed hospital; nor by a licensed physician, surgeon, chiropractor or osteopath; nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath; nor by a massage therapist who has successfully completed a minimum of 500 hours of supervised classroom training on massage therapy at a school or institution accredited by the Indiana Commission on Proprietary Education or program at an institution of higher education that is approved by the State of Indiana, or accredited by another state where the standards for massage therapy education as substantially the same as the standards in Indiana, or who currently holds a license, certification or registration in good standing in another state equal to those standards for massage therapy, and the massage therapist does not conduct or administer massages in the manner described above; nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.
10. NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" for money or any form of consideration and is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
11. SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, as one of its primary business purposes offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of engaging in "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
LICENSED DAY-CARE CENTER. A facility licensed by the State of Indiana, whether situated within unincorporated Lake County or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
SPECIFIED ANATOMICAL AREAS. SPECIFIED ANATOMICAL AREAS means:
1. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
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.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in divisions 1. through 3. above.
(2) Statement of purpose. It is the purpose of this chapter to regulate sexually oriented businesses and related activities, to promote the health, safety, morals, and general welfare of the citizens of Lake County, and to establish reasonable and uniform provisions to prevent the deleterious effects of sexually oriented businesses within Lake County. 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 or effect of this chapter to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Further, it is not the intent or effect of this chapter to condone or legitimize the distribution of obscene materials. It is not the intent or effect of this chapter to limit or restrict lawful activities permitted under the Indiana Code.
(3) Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses on the community presented in hearing(s) and in reports made available to the Lake County Plan Commission and adopted as a 12-page study on May 5, 2004, and Lake County Council, and on 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); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109 (1972); Lacobucci v. City of Newport, KY, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); City of Los Angeles v. Alameda Books, Inc., 122 S. Ct. 1728 (2002); Broadway Books, Inc. v. Roberts, 642 F. Supp. 486 (E.D. Term. 1986); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Pleasureland Museum, Inc. v. Beutter, 2002 WL 818791 (7th Cir. 2002); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir. 1984); Mitchell et. al. v. Commission on Adult Entertainment Establishments of the State of Delaware et. al., 10 F.3d 123 (3d Cir. 1993); Ellwest Stereo Theatre, Inc. v. Boner, 718 F. Supp. 1553 (M.D. Term. 1989); City of Lincoln Nebraska v. ABC Books, Inc., 470 N.W.2d 760 (Neb. 1991); Berg v. Health & Hosp. Corp. of Marion County, 865 F.2d 797 (7th Cir. 1989); Shultz v. Cumberland, 228 F.3d 831 (7th Cir. 2000), as well as studies conducted in communities including, but not limited to Indianapolis, Indiana; Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (6-6-1989, State of Minnesota); and statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the Lake County Plan Commission finds:
(a) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently insufficiently controlled by the operators of the establishments.
(b) Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located.
(c) Sexual acts, including masturbation, oral sex and anal sex, occur at sexually oriented businesses, especially those which provide booths or cubicles for viewing films, videos, or live sex shows.
(d) Acts of prostitution commonly occur at or in the area of sexually oriented businesses.
(e) Persons frequent certain adult theaters and other sexually oriented businesses for the purpose of engaging in sex within the premises.
(f) At least 50 communicable diseases may be spread by activities that occur in adult sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genial herpes, hepatitis B, Non A, salmonella infections and shigella infections.
(g) Prostitution, sexual assaults and other criminal activity occur at or in the area of sexually oriented businesses.
(h) Prostitution is connected to the spread of sexually transmitted diseases.
(i) There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values.
(j) It is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area.
(k) It is not the intent of this section to suppress any speech activities protected by the First Amendment, but to enact a content-neutral section that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and it is not the intent of the Lake County Plan Commission to condone or legitimize the distribution of obscene materials, and the Commission recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the County of Lake.
(l) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(m) The general welfare, health, morals and safety of the citizens of Lake County will be promoted by the enactment of this chapter.
(4) Prohibitions.
(a) Sexually oriented business within 1,000 feet of other certain businesses and/or uses. The establishment, enlargement, reconstruction, resumption or structural alteration of any sexually oriented business shall be prohibited if such business is within 1,000 feet of another such business or within 1,000 feet of any existing church, church zoning district, public, private or parochial school for kindergarten through twelfth grade, school zoning district, park, parking zoning district, locally designated historic preservation area, licensed day care center or day care home or lots zoned for residential use and devoted to a residential use as defined in the zoning code within Lake County, Indiana.
(b) Special exception. Provided further, no sexually oriented business shall be established, enlarged, reconstructed, resumed or structurally altered unless the site or proposed site is located in Highway Service District-1 (HS-1) zone by special exception.
(c) Measurement of distances. The distance between one sexually oriented business and another sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business and any church, church zoning district, public, private, or parochial school for kindergarten through twelfth grade, school zoning district, park, park zoning district, locally designated historic preservation area, licensed day care center or day care home shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest property line of the church, church zoning district, public, private or parochial school for kindergarten through twelfth grade, school zoning district, park, park zoning district, locally designated historic preservation area, day care center or day care home. If a sexually oriented business is part of or include within a business center, only the portion of such center or leased space occupied by such sexually oriented business shall be included in determining the closest exterior structural wall of such establishment.
(d) Exterior display.
1. General prohibition. No sexually oriented business 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.
2. Number of signs. Not more than one business wall sign shall be permitted for a sexually oriented business and such sign shall be permitted only on the front facade. In addition to the one permitted business wall sign, a sexually oriented business not located within a business center shall be permitted not more than one pole or ground sign structure if it is an entity of commercial development held in either private ownership or long-term lease, and which meets all of the requirements of the zoning district in which it is located. Such requirements shall include direct access to a public street from that property and a full amount of required parking on the site with the use. All other sign structures shall be prohibited.
3. Sign surface area. The sign surface areas of a business wall sign for an sexually oriented business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first ten feet) of the premises occupied by the sexually oriented business, or 100 square feet, whichever is the lesser. The maximum sign surface area of a ground or pole sign structure, where permitted, shall not exceed one square foot for each lineal foot of frontage of the lot, or 36 square feet, whichever is the lesser.
4. Lighting. Signs and sign structures may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or floodlights), or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign).
(e) Parking. Parking for a sexually oriented business shall be provided on the site with the use. There shall be at least one parking space for each 285 square feet of floor area or one parking space for every two seats of seating capacity, whichever standard results in the higher requirement.
(f) Continuation of non-conforming use. The lawful use of land or buildings existing at the times of the adoption of this chapter may continue although such use does not conform to the regulations specified herein, subject to the provisions set forth in divisions (4)(a) and (4)(b) above.
(Prior Code, § 154.243) (Ord. passed 4-15-1957; Ord. 1244, passed 10-8-1985; Ord. 2069, passed 12-14-2004; Ord. 2167, passed 8-9-2006; Ord. 2472, passed 4-12-2016) Penalty, see § 154.999