1163.01 Purpose.
1163.02 Definitions.
1163.03 Classifications.
1163.04 Location of sexually oriented businesses.
1163.05 Design guidelines for sexually oriented businesses.
1163.06 Off-street parking.
1163.07 Sign regulations for sexually oriented businesses.
1163.08 Licensing.
1163.09 Severability.
CROSS REFERENCES
Licensing - see BUS. REG. Ch. 777
Definitions - see P.& Z. 1103.02
Commercial Districts - see P.& Z. Ch. 1129
Landscaping and screening - see P.& Z. Ch. 1141
Off-street parking - see P.& Z. Ch. 1143
(a) Purpose. 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 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 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 Chapter 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.
(b) Findings. The City Council has received substantial evidence concerning the association of negative secondary effects with Sexually Oriented Businesses 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), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona: Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(Ord. 25-01. Passed 7-2-2001.)
(a) ADULT ARCADE means any place to which the public is permitted or invited where one (1) or more “video booths” and/or “live viewing booths” are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment that as a substantial or significant portion of its business regularly features:
(1) Persons who appear in areas of the establishment open to patrons in a “state of nudity” or “state of semi-nudity” so as to expose to view “specified anatomical areas”; or
(2) Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; or
(3) “Adult media.”
(c) ADULT MEDIA means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(d) ADULT MEDIA STORE means an establishment that rents and/or sells adult media and that meets any of the following tests:
(1) More than forty percent (40%) of the gross public floor area is devoted to adult media; or
(2) More than forty percent (40%) of the stock in trade consists of adult media; or
(3) A media store which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(e) ADULT MOTEL means a hotel, motel or similar commercial establishment as regulated by Licensing Ordinance 28-01; Section 777.17, Prohibition of Adult Motels, which:
(1) Offers accommodations to the public for any form of consideration; and 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 has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(f) ADULT MOTION PICTURE THEATER means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(g) ADULT NOVELTY STORE means a business offering goods for sale or rent and that meets any of the following tests:
(1) More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys” and more than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys”; or
(2) It offers for sale items from any two (2) of the following categories: “adult media,” “sexually-oriented novelties or toys,” apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business and occupies more than ten percent (10%) of the gross public floor area of the business; or
(3) Which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “sex toys, “marital aids,” “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(4) ADULT NOVELTY STORE shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(h) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment that as a substantial or significant portion of its business regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of “specified anatomical areas,” “specified sexual activities,” or live entertainment of an erotic nature that is characterized by an emphasis on the depiction or description of “specified anatomical areas,” or “specified sexual activities”.
(i) 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 another Sexually Oriented Business to any other existing Sexually Oriented Business; or
(4) The relocation of any Sexually Oriented Business.
(j) GROSS PUBLIC FLOOR AREA means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(k) 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 (3) days in advance of the class; and where no more than one (1) semi-nude model is on the premises at any one time.
(l) NUDITY or 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 fully 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.
(m) SEMI-NUDITY or SEMINUDE 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.
(n) SEXUAL ENCOUNTER CENTER means a commercial enterprise that, as one (1) 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 (1) or more of the persons is semi-nude.
(3) SEXUAL ENCOUNTER CENTER shall not include:
A. Any establishment or professional practice operated or conducted by a medical practitioner, physical therapist, rehabilitation therapist, or a massage therapist, if such person is licensed by or registered with the State of Ohio, or licensed by the City of Lakewood, while practicing within the scope of such license or registration and according to the standards and ethics of such profession or of any person acting under the supervision of a medical practitioner, physical therapist, rehabilitation therapist, or massage therapist; or
B. Any establishment or professional practice operated or conducted by a health care professional licensed in the State of Ohio while practicing within the scope of such license and according to the standards and ethics of such profession or of any person acting under the supervision of a licensed health care professional.
(o) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually Oriented Business” does not include an adult motel as defined above.
(p) SEXUALLY ORIENTED NOVELTIES OR TOYS means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with “specified sexual activities.”
(q) 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 female breast below a point immediately above the top of the areola.
(r) 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 subsection (r)(1) and (2) above.
(s) SUBSTANTIAL ENLARGEMENT of a Sexually Oriented Business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this section takes effect.
(t) STOCK IN TRADE means the individual items displayed in areas open to the public and offered for sale or rental in an establishment.
(Ord. 25-01. Passed 7-2-2001.)
Sexually Oriented Businesses are classified as follows:
(a) Adult arcades;
(b) Adult cabarets;
(c) Adult media stores;
(d) Adult novelty stores;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Nude model studios;
(h) Sexual encounter centers; and
(i) Any combination of classifications set forth in paragraphs (a) through (h) above.
(Ord. 25-01. Passed 7-2-2001.)
(a) Sexually Oriented Businesses may be located only in a C1 Office, C2 Retail, and C3 General Business Districts as a permitted use pursuant to Section 1129.02 and in accordance with the restrictions contained in subsections (b) through (i) below.
(b) No Sexually Oriented Businesses may be established or operated within 500 feet of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(4) Any private property containing a community/recreation center including the YMCA that regularly serves persons younger than eighteen (18) years of age;
(5) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City, the Board of Education, or another public entity;
(6) A public library or museum that regularly serves persons younger than eighteen (18) years of age.
(c) No Sexually Oriented Businesses may be established or operated on any lot within 200 feet of the centerline of the following designated economic development areas and major thoroughfares: West 117th Street, Bunts Road, Detroit Avenue, McKinley Avenue/Larchmont Avenue, Warren Road, the intersection of Lark Street and Madison Avenue east to West 117th Street, and all commercially zoned parcels located between Fry Avenue and West 117th Street north of Detroit Avenue and all commercially zoned parcels located between Newman Avenue and West 117th Street north of Madison Avenue, known as the Berea Road/West 117th Street Study Area; and, the intersection of Arthur Avenue and Madison Avenue west to the intersection of Wagar Avenue and Madison Avenue including Hilliard Road from Carabel Avenue west to Eldred Avenue, known as the Hilliard Triangle.
(d) No Adult Cabaret, as defined in Section 1163.02 of this Chapter, may be established or operated within 200 feet of:
(1) A boundary of a residential district as defined in the
Code;
(2) Any structure that contains a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in the
Code.
(e) No Sexually Oriented Business may be established, operated or enlarged within 500 feet of another Sexually Oriented Business .
(f) Not more than one (1) Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented Business may not be increased.
(g) For the purpose of subsections (b) and (d) of this Section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in Sections 1163.04(b)(1) through (6) and 1163.04(d)(1) and (2) following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(h) For the purpose of subsection (c) of this Section, measurement shall be made in a straight line from the centerline of the street to the nearest portion of any zoning lot.
(i) For purposes of subsection (e) of this Section, the distance between any two (2) Sexually Oriented Business shall be measured from the closest exterior wall of the structure in which each business is located, following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(Ord. 25-01. Passed 9-2-2001.)
(a) Parking for a Sexually Oriented Business shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(d) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.
(e) Any Sexually Oriented Business adjacent to a residential district and/or use shall contain a minimum six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325.
(f) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(g) Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(h) Lot area and frontage regulations pursuant to Section 1129.05.
(i) Minimum yard requirements for principal uses pursuant to Section 1129.06.
(j) Height regulations pursuant to Section 1129.07.
(Ord. 25-01. Passed 7-2-2001.)
Loading...