(A) Purpose and intent. It is recognized that there are some sexually oriented business uses which by their very nature have serious objectionable operational characteristics, particularly when they are located in close proximity to residential neighborhoods, parks, religious facilities, and schools, and thereby have a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulation the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth in this section. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight, and to protect minors from the objectionable operational characteristics of these sexually oriented businesses by restricting their close proximity to religious facilities, parks, schools and residential areas.
(B) For purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. Any business, building, or portion thereof that features dancing or other live entertainment that is distinguished or characterized by the exhibition of "specified sexual activities" or "specified anatomical areas" for observation by customers or patrons.
SEXUALLY ORIENTED BUSINESS. Any business establishment where all or part of the business is devoted to the offer for sale or view of material, sexually oriented toys or novelties, or performances that show "specified anatomical areas" or "specified sexual activities."
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of pain; erotic touching, fondling or other such contact with an animal or latent object by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth herein.
SEXUALLY ORIENTED TOYS or NOVELTIES. Any 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 devices used to perform sadomasochistic acts.
VIDEO VIEWING BOOTH OR ARCADE BOOTH. Any business or building, or portion thereof that contains any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publication by any photographic, magnetic, digital or other medium including but not limited to film, video or magnetic tape, laser disc, CD ROM, magazines or periodicals) for observation by patrons therein of performances or images that show "Specified Anatomical Areas" or "Specified Sexual Activities." A video viewing booth or arcade booth shall not mean a movie theater or a room or enclosure that contains more than 600 square feet.
(C) Specific standards.
(1) The establishment, enlargement, reconstruction, resumption or structural alteration of any sexually oriented business shall be prohibited if such business is within 1000 feet of another such business or within 1000 feet of any existing religious facility, school, park, or residential district (RS, RS-1, R-1, R-2, R-3 or R-4) within the jurisdiction of the Seymour Plan Commission.
(2) No sexually oriented business shall be established, enlarged, reconstructed, resumed or structurally altered unless the site or proposed site is located in an industrial district (I-1, I-2, or I-3).
(3) Adult cabarets, video viewing booths or arcade booths, as defined herein, are prohibited in all sexually oriented businesses in all zoning districts within the jurisdiction of the Seymour Plan Commission.
(4) Measurement.
(a) The distance between one sexually oriented business and another shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each business.
(b) The distance between a sexually oriented business and any religious facility, school, park, or residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the sexually oriented business to the nearest property line of the religious facility, school, park, or residential zoning district.
(5) Exterior display.
(a) No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from public view.
(b) Sexually oriented businesses shall strictly comply with all regulations governing signs under § 157.116.
(Ord. 17, 2006, passed 11-27-2006)