§ 153.060 CAMPGROUND.

   A campground may be permitted as a special exception in any Conservation or Agricultural District, if it meets the requirements of this section. The Board of Zoning Appeals shall establish minimum area, maximum number of camp sites per acre, buffer zones between camping areas and property lines, sewage and trash disposal requirements, provisions for roadways and other criteria as the Board of Zoning Appeals believes is necessary or desirable. All campgrounds must receive approval from the State Department of Natural Resources and the State Board of Health, prior to being allowed as a special exception.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.061 MASSAGE THERAPY.

   A massage therapy studio or other establishment operated or staffed by one or more massage therapist(s) certified by either the American Massage Therapy Association or the Bodywork and Massage Associated Professionals. The county shall not issue a permit, license certificate or other authorization for the establishment of a massage parlor or similar establishment unless the applicant for the permit or license has been certified by one of the national organizations named above or the applicant provides the name(s) and/or licensing information of one or more persons who are so licensed and who will provide massage therapy at the establishment. Any massage parlor shall maintain posted on its premises copies of the certifications of the massage therapists who provide services at the establishment. There shall be a rebuttable presumption that any massage parlor or similar establishment operated by a person who is not a certified massage therapist and that does not have posted on its premises one or more certifications of massage therapists who provide services there is operating in violation of this section and subject to enforcement action and penalty under this chapter.

(Ord. O-C-07-6, passed 10-9-2007)  Penalty, see § 153.999

§ 153.062 MEDIA STORE WITH SEXUALLY ORIENTED MEDIA.

   (A)   A retail establishment which devotes more than 5% of its gross public floor area or 5% of the number of items in inventory to sexually-explicit material, but which devotes less than 30% of its gross public floor area and less than 30% of the number of items in inventory to sexually-explicit material shall be treated for zoning purposes as a book or media shop and not as a sexually oriented media shop, provided that it meets the following conditions:

      (1)   All sexually-explicit media shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less;

      (2)   Access to the room containing the sexually-explicit media shall be through an opaque, solid door;

      (3)   The room containing sexually-explicit media shall be posted with a notice indicating that only persons 18 years of age or older are allowed in the room; and

      (4)   Access to the room shall be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager’s or cashier’s work station.

   (B)   A business conforming with this standard shall not be considered a sexually oriented business.

(Ord. O-C-07-6, passed 10-9-2007)

§ 153.063 SEXUALLY ORIENTED BUSINESSES; ADDITIONAL LOCATION REQUIREMENTS.

   (A)   Purpose and intent. The purpose of this section is three-fold:

      (1)   To ensure that sexually oriented businesses are located so that they are separated from residential neighborhoods, where children and others are likely to be walking and should not be forced to encounter such a business in their daily activities;

      (2)   To ensure that sexually oriented businesses are sufficiently separated from libraries, parks, schools and houses of worship that persons visiting those places and institutions will not be forced to encounter such a business in close proximity to these places and institutions; and

      (3)   To ensure that sexually oriented businesses are sufficiently separated from one another that the county does not inadvertently create a “combat zone” or other area that is perceived to be dominated by those businesses or that causes the concentration of the secondary effects of those businesses in one area.

   (B)   Separation requirements.

      (1)   Sexually oriented businesses, as defined in § 153.011 shall be allowed only in the zoning districts in which a specific sexually oriented business is listed as a permitted use under Table A in § 153.036.

      (2)   A sexually oriented business shall be located with a minimum separation distance between itself and other specific uses as set forth in the table below.

Table D - Sexually Oriented Businesses; Minimum Separation Distance
Other Use	Minimum Separation Distance (Ft.)
House of worship	500
Other sexually oriented business	1,000
Public library	750
Public park, boys and girls club, YMCA or YWCA	750
Residentially zoned land	500
School	750

 

   (C)   Measurement. Measurements for purposes of this section shall be made from the nearest property line of the use which is not a sexually oriented business to the nearest property line of the sexually oriented business. If the sexually oriented business is located in a multi-tenant building, then the distance shall be measured from the nearest property line of the use which is not a sexually oriented business to the nearest line of the leasehold or other space actually controlled or occupied by the sexually oriented business.

   (D)   Limitations.

      (1)   School. The separation requirement from a school will apply only if one or more of the following applies:

         (a)   The school is a public school;

         (b)   The school has been in operation at the same location for one year or more; or

         (3)   The lot or parcel at which the school is now operating is owned by the organization operating the school.

      (2)   House of worship. The separation requirement from a house of worship will apply only if one or more of the following applies:

         (a)   The house of worship has been in operation at the same location for one year or more; or

         (b)   The lot or parcel at which the house of worship is now operating is owned by the organization operating the house of worship.

      (3)   Residentially zoned land. For purposes of this section only, RESIDENTIALLY ZONED LAND shall mean land carrying a county zoning district designation beginning with an R.

(Ord. O-C-07-6, passed 10-9-2007)

§ 153.064 SEXUALLY ORIENTED CABARETS; DESIGN STANDARDS.

   Any building used for the operation of a sexually oriented cabaret in the county shall meet the following design standards at all times that the cabaret is operated in the building.

   (A)   Stage required. The building shall include one or more stages, on which all performances shall take place. Each stage shall be in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area. The stage shall be raised at least 30 inches above the level of the floor on which customers stand or are seated.

   (B)   Performance area.

      (1)   All performances and all interactions between performers and customers shall occur in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area.

      (2)   No curtains, screens, shades or other devices shall be used to obscure any part of the room.

   (C)   Lighting. The lighting level in the area occupied by customers shall be at least five footcandles at a height of three feet off the floor.

(Ord. O-C-07-6, passed 10-9-2007)

§ 153.065 SEXUALLY ORIENTED MOTION PICTURE THEATERS AND SHOWING OF VIDEOS.

   Any building used for the operation of a sexually oriented motion picture theater or to show sexually oriented videos on the premises for a fee in the county shall meet the following design standards at all times that the theater is operated in that building.

   (A)   Presentation area. All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 600-square feet of gross public floor area. No curtains, screens, shades or other devices shall be used to obscure any part of the room.

   (B)   Lighting. The lighting level in the area occupied by customers shall be at least two footcandles at floor level.

   (C)   Seating. Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, individual chairs, beds, loose cushions or mattresses or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the Southern Building Code and the Americans with Disabilities Act being 42 U.S.C. §§ 12101 et seq.

(Ord. O-C-07-6, passed 10-9-2007)

ADMINISTRATION AND ENFORCEMENT

§ 153.080 ZONING ADMINISTRATION.

   The Zoning Administrator, who shall be appointed by the Plan Commission, shall:

   (A)   Administer and enforce the provisions of this chapter;

   (B)   Issue improvement location permits; and

   (C)   Maintain a permanent file of all improvement location permits and applications as public records.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.081 IMPROVEMENT LOCATION PERMITS.

   (A)   Requirement. An improvement location permit shall be obtained before any person may:

      (1)   Occupy or use any vacant land;

      (2)   Occupy or use any structure hereafter constructed, reconstructed, moved or enlarged;

      (3)   Change the use of a structure or land to a different use; or

      (4)   Change a nonconforming use.

   (B)   Application for an improvement location permit. An application for an improvement location permit shall be accompanied by a plot plan showing clearly and completely the locations, dimensions and nature of any structure involved and any other information as the Zoning Administrator may require for administration of this chapter.

   (C)   Scenic Corridor Overlay District; improvement location permit. All applications for an improvement location permit relating to or concerning land within the Scenic Corridor Overlay District shall be considered for approval by the Plan Commission. Additionally, the Plan Commission must consider for approval the site plan for any improvement location permit to be issued within the Scenic Corridor Overlay District, after review of the site plan and consideration of any recommendation by the Technical Advisory Committee.

   (D)   No public utility shall connect utility services to an improvement requiring an improvement location permit, unless the landowner has obtained an improvement location permit.

(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-8, passed 10-22-2007; Ord. O-C-20-1, passed - -2020)