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(1) A nonself-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. This includes a tent-type fold-out camping trailer as defined in Revised Code Section 4517.01.
(2) A nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling then to be used as a dwelling.
(3) A self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(4) Boats, floats, rafts, and trailers normally used to transport same on the highway.
(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)
As used in this Zoning Code, "sexually-oriented business" means an inclusive term used to describe collectively: adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.16), motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema. This collective term does not describe a specific land use and shall not be considered a single land-use category for purposes of the Zoning Code or other applicable ordinances.
(1) "Adult media" means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.
(2) "Adult media store" means an establishment that rents and/or sells media, and that meets any of the following three tests: 40 percent or more of the gross public floor area is devoted to adult media; 40 percent or more of the stock-in-trade consists of adult media; or it advertises or holds itself out in any forum as "XXX", "adult", "sex", or otherwise as a sexually-oriented business other than an adult media store, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema, or sexually-oriented cabaret or sex-oriented cabaret.
(3) "Bathhouse" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the State.
(4) "Book or media store" means a book or media store which devotes less than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a retail establishment. A book or media store which devotes more than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material, but which devotes less than 40 percent of its gross public floor area and less than 40 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a book or media store and not as an adult media store, provided that it meets the following conditions: all hard-core material 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; access to the room containing the hard-core material shall be through an opaque door; the room containing hard-core material shall be posted with a notice indicating that only persons 18 years of age or older (adults) are allowed in the room; and access to the room will 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.
(5) "Display publicly" means the art of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
(6) "Establishment" means any business regulated by Section 1104.1500.
(7) "Explicit sexual material" means any hard-core material.
(8) "Gross public floor area" means the total area of the building accessible or visible to the public, including showrooms, sexually-oriented cinemas, sexually-oriented motion picture theaters, or sex-oriented cinemas, motion picture arcades booths, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for sexually-oriented cabarets or sex-oriented cabarets, plus aisles, hallways, and entryways serving such areas.
(9) "Hard-core material" means media characterized by sexual conduct that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.
(10) "Lingerie modeling or photograph studio" means an establishment or business which provides the services of live models modeling lingerie, bathing suits, or similar wear or without clothing to individuals, couples or small groups in a room smaller than 600 square feet.
(11) "Massage" means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
(12) "Massage parlor" means an establishment offering massage therapy and/or body work by a massage therapist not licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician.
(13) "Massage studio" means an establishment offering massage therapy and/or body work by a massage therapist licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician.
(14) "Massage therapy" means the profession in which a State of Ohio certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools or devices designed as t-bars or knobbies, and (iii) instruct self care and stress management. "Manual" means by use of hand or body.
(15) "Media" means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures.
(16) "Motion picture arcade booth" means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by customers therein. The term "booth", "arcade booth," "preview booth", and "video arcade booth" shall be synonymous with the term "motion picture arcade booth".
(17) "Primary live entertainment" means entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
(18) "Public park" means a publicly-owned parcel of land kept for ornamental and recreational purposes, including land in its natural state.
(19) "Public playground" means a publicly-owned parcel of land used and equipped for recreation.
(20) "Religious institution" means a place that people regularly attend for religious services, meetings and other activities.
(22) "Sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
(23) "School" means either a private or public elementary, middle or high school established under State law maintained for the education of children.
(24) "Sex shop" means an establishment offering goods for sale or rent and that meets any of the following tests: it offers for sale items from any two of the following categories: adult media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items make up more than 10 percent of its stock in trade or occupies more than 10 percent of its gross public floor area; more than 5 percent of its stock in trade consists of sexually oriented toys or novelties; or more than 5 percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
(25) "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.
(26) "Sexual encounter center" means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of 'specified sexual activities'. The definition of sexual encounter center or any sexually-oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(27) "Sexual gratification" means sexual conduct as defined herein.
(28) "Sexually-oriented acts" means sexual conduct as defined herein.
(29) "Sexually-oriented cabaret or sex-oriented cabaret" means an establishment and/or building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment which constitutes the 'primary live entertainment' is distinguished or characterized by an emphasis on the exhibiting of "specific sexual activities" or "specified anatomical areas" for observation by customers therein. A cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.
(30) "Sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema" means a cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.
(31) "Specified anatomical areas" means any one of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(32) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)
A yard between the principal building and a side lot line, extending from the front yard to the rear yard and being the horizontal distance between a side lot line and the side of the principal buildings or any projections thereof.
(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)
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