A. Intent. The City of North Olmsted hereby recognizes that some uses, because of their very nature, may have serious objectionable operational characteristics, particularly when they are concentrated in a location, thereby causing a deleterious effect upon the adjacent areas. The proximity of sexually oriented businesses to certain uses considered particularly susceptible to the negative impacts of the concentration of sexually oriented uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting effect on the surrounding area. There is convincing documented evidence of the deleterious effect that sexually oriented businesses have on both existing businesses around them and the surrounding residential areas to which they are adjacent. Therefore, the following intents are served by these regulations:
1. This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
2. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution.
3. Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.
4. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.
B. Requirements. A person wishing to operate a sexually oriented business within the City of North Olmsted must obtain the following approvals:
1. A Conditional Use Permit, requiring review and recommendation by the Planning and Design Commission and approval by City Council; and,
2. An Adult Entertainment Businesses license for such operations as required by Chapter 761 of the Codified Ordinances of the City of North Olmsted and obtained from the Director of Public Safety.
C. Uses Regulated.
1. Adult arcade.
2. Adult bath house.
3. Adult bookstore, novelty store, and video store.
4. Adult cabaret.
5. Adult motel.
6. Adult motion picture theater.
7. Adult theater.
8. Escort service.
9. Massage parlor.
10. Nude model studio.
11. Sexual encounter center.
12. Strip club or gentleman's club.
13. Uses determined by the Planning and Design Commission to be similar to the uses listed above.
D. Conditional Standards of Approval.
1. A sexually oriented business may not operate as follows:
a. Within 500 feet of any property line of any lot in the City of North Olmsted, which is either zoned single family residential, or upon which is located a single family residence, church, playground, or school of any kind serving children.
b. Within 500 feet from any property line of any lot in the City of North Olmsted which is either zoned for multi-family use or upon which is located any multi-family residence.
c. In a location in which any principal building or accessory structure, including signs, is within 500 feet of any principal building or accessory structure of another sexually oriented business.
d. The location restriction shall not apply to multifamily residences more than five (5) stories tall.
e. The proposed sexually oriented business and any such zoned area or existing use shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of that zoned area or existing use.
2. Any sign or advertising for the sexually oriented business must comply with the provisions of this ordinance. No sign or advertising may include photographs, silhouettes or drawings of any specified anatomical areas or specified sexual activities or obscene representations of the human form and may not include animated or flashing illumination.
3. The entrances to the proposed sexually oriented business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two (2) inches in height stating:
"Persons under the age of 18 are not permitted to enter the premises;" and
"No alcoholic beverages of any type are permitted within the premises."
4. No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining roadway or a neighboring property.
5. No adult entertainment business may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 10:00 a.m. on Sundays.
(Ord. 2017-32. Passed 5-2-17.)