Adult Entertainment Uses shall conform with the following standards:
(a) City Council finds and determines that permitting Adult Entertainment Uses, as defined in Codified Ordinance §1153.20(b)(1)-(3), in proximity to residential, institutional, and non-adult entertainment retail uses would have a detrimental effect on such adjacent uses, and would cause a deleterious effect on the aesthetics and economics of the areas in which such uses are located. It has been demonstrated that Adult Entertainment Uses have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult entertainment retail uses. Therefore, to prevent potential deterioration in the C-3 Highway Interchange Commercial District, to avoid potential adverse impacts on adjacent residential and institutional uses (particularly those where children are present) and thereby protecting the public health, safety, moral, and general welfare of the City, and to provide for the orderly, planned future development of the City, Adult Entertainment Uses shall be conditionally permitted in the C-3 Highway Interchange Commercial District of the City subject to the following specific requirements.
(b) Definitions. Adult Entertainment Uses shall include but not limited to, any of the following three uses:
(1) Adult book store. An establishment having twenty-five percent (25%) or more of its stock-in-trade, sale or rental, in books, magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a twenty-five percent (25%) segment or section of its floor space or display area devoted to the sale, display, or rental of such material.
(2) Adult motion picture theater. An enclosed building used to derive twenty- five percent (25%) or more of its gross income from the showing of, or that uses twenty-five percent (25%) or more of its total viewing time for the presentation of, material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons in the buildings.
(3) Cabaret. An adult club, restaurant, theater, hall or similar place that features topless dancers, go-go dancers, exotic dancers, strippers (male or female), male or female impersonators or similar entertainment exhibiting “specified anatomical areas” or performing “specified sexual activities.”
The following terms shall mean:
(4) Specified anatomical areas. Less than completely and opaquely covered:
A. Human genitals, pubic region;
B. Buttocks;
C. Female breasts below a point immediately above the top of the areola; and
D. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) Specified sexual activities.
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(c) Prohibited Conduct.
(1) No Adult Entertainment Use shall be permitted:
A. Within 500 feet of any other existing Adult Entertainment Use, and/or
B. Within 1,000 feet of any residentially zoned district, or any of the following residentially related uses:
1. Churches, monasteries, chapels, synagogues, convents, rectories, religious article or religious apparel stores;
2. Schools up to and including the twelfth grade, including their adjunct play areas; and
3. Public playgrounds, public swimming pools, public parks and public libraries.
(2) Measurement of distances. For the purposes of this subsection (c), spacing distances shall be measured as follows:
A. From all property lines of any Adult Entertainment Use;
B. From the outward line of boundary of all residential zoning districts;
C. From all property lines of any residential-related use as enumerated in Section 1153.20(c)(1)B.1. to 3.
(d) Signs and Other Visible Messages. All Adult Entertainment Uses shall be permitted signs or other visible messages based on the allowable sign area of the C-3 Highway Interchange Commercial District, provided:
(1) Sign messages shall be limited to verbal description of material and/or services available on the premises;
(2) Sign messages may not include any graphic or pictorial depiction of material and/or services available on the premises;
(3) Other visible messages that are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, videocassettes or printed material available on the premises; or pictures, films, videocassettes or live presentation of persons performing or services offered on the premises.
(e) Discontinuance of Operation. Should any Adult Entertainment Use cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume or be replaced by any other Adult Entertainment Use unless such use complies with all the requirements set forth in this section.
(f) Modifications to Conditional Zoning Certificate Process. An application for a conditional zoning certificate for an Adult Entertainment Use in the C-3 Highway Interchange Commercial District (1) shall be heard by the Planning and Zoning Commission within 30 days of receipt; (2) the Commission shall make a decision upon such application at the time of hearing; (3) General Standards (1), (3), and (4) under the Basis of Determination in Section 1153.03(c) shall not apply to such application; and (4) the decision of the Commission shall be immediately appealable under Ohio Revised Code Chapter 2506. The provisions in this subsection (f) control over any contrary provision in Chapter 1153 or the Zoning Ordinance of the City.
(g) Severability. Each of the provisions of this section are severable, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall not be affected, but shall remain in full force and effect.
(Ord. 2004-143. Passed 9-27-04.)