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(A) Classifications. Sexually oriented business uses are permitted in the General Business and Planned Business zoning classifications as per the Official Schedule of Uses, Appendix C and all other adopted regulations.
(B) Location restrictions. For purposes of this section, separation distances are measured in a straight line, without regard to intervening structures, from the protected use’s property line to the building of the sexually oriented establishment. If the business is located in a multi-tenant building, the straight line shall extend to the walls of the sexually oriented business’s premises. All sexually oriented businesses are subject to the following location restrictions:
(1) No sexually oriented business shall be permitted in a residential zoning district or within 1,000 feet of a residential zoning district.
(2) No more than one sexually oriented business shall be located within a single building and no sexually oriented business shall be located within 1,000 feet of another sexually oriented business.
(3) No sexually oriented business shall be permitted to be located within 1,000 feet from any of these pre-existing protected uses: religious institutions, schools (K-12), parks and playgrounds, libraries, museums, childcare centers, and community gateways as measured from the right-of-way line.
(4) No sexually oriented business shall be permitted to be located within 1,000 feet from any property owned by these protected uses at the adoption of this subchapter: religious institutions, schools (K- 12), parks and playgrounds, libraries, museums, childcare centers, and community gateways (State Road 32/State Road 37; Interstate 69/Campus Parkway; Hazel Dell Road/146th Street; Allisonville Road/146th Street; Gray Road/146th Street; Gray Road and Moontown Road/State Road 32; State Road 37/186th Street, State Road 19/206th and Hague Road/Carrigan Road) measured from the existing right-of-way line.
(5) No sexually oriented business shall be located in the village center or downtown zoning districts.
(6) Refer to Appendix L - Map of Potential Sites for Sexually Oriented Businesses, attached to Ordinance No. 13-3-08, passed April 15, 2008, and adopted by reference as if fully set forth herein.
(C) Exterior portions of the sexually oriented business. The purpose of this section is to carry out the public policy of banning the public display of sexually explicit images and messages and establishing that the business be aesthetically consistent with its adjacent properties to minimize the impact on surrounding property values.
(1) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner. All sexually-oriented businesses are also subject to sign regulations as per §§ 159.160 through 159.166 in addition to the following conditions: each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size, and color. The background behind such lettering on a display surface of a primary sign shall be of a uniform and solid color.
(2) Signage maybe illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (i.e. spot or floodlights), or any flashing or animated lights (either interior to the sign, exterior of the sign, or as a border to the sign).
(3) Painting of the exterior with any design that would simulate a sign or advertising message is prohibited.
(4) (a) The exterior appearance of the establishment shall be consistent with the structures from the abutting properties to conform to the character of the area, which shall include but is not limited to materials and architectural style.
(b) The exterior portions of the establishment shall not be painted any color other than a single achromatic color unless the following conditions are met:
1. The establishment is part of a commercial multi-tenant center; and
2. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(5) The merchandise or activities of the establishment are prohibited from being displayed publicly.
(6) All off-street parking areas and structure entryways of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system, which provides an average maintained horizontal illumination of one-foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premise.
(E) Classification specific regulations.
(1) Main stream media outlets. These are mainstream media shops, video stores, bookstores, and newsstands in which adult media constitutes between 10% and 40% of the stock in trade or occupies between 10% and 40% of the gross public floor area and are subject to the following conditions:
(a) Location restrictions. Mainstream media outlets shall be permitted in all zones as per Appendix C, Official Schedule of Uses and shall be subject to the separation conditions of division (B) of this section.
(b) Design requirements. Adult media in a shop to which this section is applicable shall be kept in a separate room or section of the shop, which room or section shall:
1. Not be open to any person under the age of 18;
2. Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight feet high or to the ceiling, whichever is less;
3. Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;
4. Have access controlled by electronic or other means to provide assurance that persons under the age of 18 will easily not gain admission and that the general public will not accidentally enter such room or section and provide continuous video or window surveillance of the room by store personnel; and
5. Provide signage at the entrance stipulating that persons under 18 are not permitted inside.
(2) Sexually oriented retail establishments. These establishments include adult media stores and sex shops and are subject to the following conditions: location restrictions; sexually oriented retail establishments shall be limited to intensive commercial zones and shall be subject to the separation requirements of division (B). A complete listing of permitted districts is provided in Appendix C, Use Matrix.
(3) Sexually oriented on-premise entertainment. These establishments include adult motion picture theaters and adult cabarets. The purpose of this section is to prohibit specified sexual activities and other public sexual conduct and enforce I.C. 35-45-4 while leaving open alternative channels for protected speech.
(a) Location restrictions.
1. Sexually oriented on-premise entertainment establishments shall be limited to zones that allow for adult motion picture theaters and adult cabarets and shall be subject to the separation requirements of division (E)(1). A complete listing of permitted districts is provided in Appendix C, Use Matrix.
2. No sexually oriented on-premise entertainment business shall be permitted to be located within 1,000 feet from any of these pre-existing protected uses: religious institutions, schools (K-12), parks and playgrounds, libraries, museums, childcare centers, and community gateways as measured from the right-of-way line.
(b) Design requirements.
1. Adult cabarets. All entertainers are required to perform in an area that meets the following requirements:
a. The performance area shall only occur in a room of at least 1,000 square feet.
b. The performance area shall be separated from areas where patrons are permitted by a minimum of six feet which shall be separated by a solid barrier or railing of which shall be a minimum of at least three feet from the floor;
c. The performance area shall be on a stage or platform, which is at least 18 inches above the immediate floor level.
d. The sexually oriented business establishment shall provide separate dressing room facilities for female and male performers that shall not be occupied or used in any way by any one other than performers.
e. The sexually oriented business establishment shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.
2. Adult motion picture theaters.
a. The showing of films, motion pictures, video cassettes, slides or similar photographic reproductions may only occur in rooms greater than 600 square feet in size.
b. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two-foot candle as measured at the floor level. The lighting shall be shown on the required sketch or diagram of the premise.
(F) Prohibited uses. The purpose for restricting the following uses from the Noblesville community is to eliminate the actual or potential direct one-on-one contact between an entertainer (and/or another employee) and a customer where the purpose of the employee is to display their body in order to excite the customer sexually. The prohibition of these uses is intended to promote the health, safety, morals, and general welfare of the citizens of Noblesville by preventing the potentially adverse secondary effects of these businesses that includes, but is not limited to reducing the possibility of prostitution and drug dealing.
(1) Lingerie modeling studio.
(2) Massage studios that do not comply with Chapter 113 of the Noblesville City Code of Ordinances;
(3) Video-viewing booths or arcades; and
(4) Nude model studios.
(Ord. 57-9-04, passed 9-28-04; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 13-3-08, passed 4-15-08; Am. Ord. 24-07-13, passed 8-13-13)