759.02 SEXUALLY ORIENTED BUSINESS USES.
   (a)    Subject to the regulations of the Business Regulation Code, the General Offenses Code of the Codified Ordinances, and state law or regulation, a sexually oriented business may be located only in accordance with the following restrictions:
      (1)    A sexually oriented business may only be conditionally permitted in Zoning District I-1 in an area described as follows:
Situated in the City of Tallmadge, County of Summit, and State of Ohio:
And known as being part of Lots 1, 2, 3 and 5 of Tract 10 formerly Tallmadge Township and described as follows:
Beginning at the intersection of the west corporation line of the City of Tallmadge, Ohio with the south line of the right-of-way now or formerly owned by the Summit County Port Authority;
Thence west and north along the south and west corporation line of the City of Tallmadge, Ohio, to the north line of lands now or formerly owned by Stuart J. Graines, Trustee, Permanent Parcel Number 60-05389;
Thence east along the north line of lands now or formerly owned by Stuart J. Graines, Trustee, Permanent Parcel Number 60-05389 and lands now or formerly owned by Verle Eldon Ake, Permanent Parcel Number 60-06370 to the west line of South Thomas Road;
Thence north along the west line of South Thomas Road to its intersection with the westerly extension of the south line of Commerce Street;
Thence east along the south line of Commerce Street to the east line of Industry Road;
Thence north along the east line of Industry Road to the north line of lands now or formerly owned by Steere Enterprises, Inc., Permanent Parcel Number 60- 01485;
Thence east along lands now or formerly owned by Steere Enterprises, Inc., Permanent Parcel Numbers 60-01485 and 60-06077 to the east line of lands now or formerly owned by Steere Enterprises, Inc., Parcel Number 60-06077;
Thence south along the east line of lands now or formerly owned by Steere Enterprises, Inc., Permanent Parcel Number 60-06077, to the north line of lands now or formerly owned by East Akron Casting Co.;
Thence east along the north line of lands now or formerly owned by East Akron Casting Co., Permanent Parcel Number 60-06505 to the northeast corner of lands now or formerly owned by East Akron Casting Co.;
Thence southeast along the northeast line of lands now or formerly owned by East Akron Casting Co., Permanent Parcel Number 60-06505 and lands now or formerly owned by BDJ Co., Permanent Parcel Number 60-06076, to the northwest line of Southwest Avenue;
Thence southwest along the northwest line of Southwest Avenue to the south line of the right-of-way now or formerly owned by the Summit County Port Authority;
Thence west along the south line of the right-of-way now or formerly owned by the Summit County Port Authority to the place of beginning.
      (2)    No such business shall be located on any lot fronting on thoroughfares as designated in the Tallmadge Road Thoroughfare Plan.
      (3)    No such business shall be located on any lot within five hundred (500) feet of any residentially-zoned district or any residentially-used lot;
      (4)    No such business shall be located on any lot within five hundred (500) feet of any public library, private or public elementary or secondary school, public park or bike path or place of worship; and
      (5)    No such business shall be located on any lot within one thousand (1,000) feet of another sexually oriented business.
      (6)    Such area described in (a)(1) hereof, is shown for clarity in the map attached to original Ordinance 104-1998 as "Exhibit A", which is fully incorporated herein. If any inconsistency exists between the map and legal description in subsection (a)(1) hereof, such legal description shall prevail.
   (b)    For the purposes of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residentially-zoned district or residentially-used lot.
   (c)    For the purposes of this subdivision (a) hereof, the distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structures in which each business is located.
   (d)    A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a place of worship, public or private elementary or secondary school, public park or library within 500 feet, or a residentially-zoned district or residentially-used lot within 500 feet, of the sexually oriented business.
   (e)    No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this chapter, the Business Regulation Code of the Codified Ordinances, and any other provisions of the Codified Ordinances, state statute, or regulation.
   (f)    Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, file or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(Ord. 104-1998. Passed 1-14-99.)