In the enactment, execution and enforcement of this chapter, it is recognized that there are certain uses which, due to the nature of their operation, are recognized as having seriously objectionable operational characteristics, particularly when several of such uses are concentrated in close proximity to each other thereby having a detrimental effect upon the surrounding area. The regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or other diminution of property values of the surrounding neighborhood. The primary purpose of these regulations is to prevent a concentration of these uses in any one area. Uses subject to these controls are:
(a) Adult book store;
(b) Adult motion picture theatre;
(c) Adult peep show;
(d) Massage establishment.
(Ord. 8-90. Passed 3-13-90.)
As used in this chapter, the following terms shall have the following definitions:
(a) "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals or motion picture films, video tapes or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.
(b) "Adult motion picture theatre" means an establishment wherein motion pictures are shown which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below) for observation by patrons therein.
(c) "Adult peep show" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein by means of coin-operated or manually-operated viewing devices.
(d) "Massage establishment" means an establishment or operation within the meaning of Ohio R.C. 4731.15 and 715.61.
(e) "Specified sexual activities" and "specified anatomical areas".
(1) For the purpose of this section, "specified sexual activities" is defined as:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; bondage, sadomasochism or bestiality;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) "Specified anatomical areas" is defined as:
A. Less than completely and opaquely covered:
1. Human genitals, pubic region,
2. Buttock, and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 8-90. Passed 3-13-90.)
Except as otherwise provided under the waiver provisions of this chapter, no building or land shall hereafter be used for any of the uses set out in Section 1180.01 if:
(a) The boundaries of the site of the proposed location is within one thousand feet of a residentially-zoned district; or
(b) The boundaries of the site of the proposed location is within one thousand feet of a church or elementary, intermediate or high school; or
(c) There are already in existence one or more regulated uses within one thousand feet of the boundaries of the site of the proposed regulated use.
(Ord. 8-90. Passed 3-13-90.)
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