Akron City Zoning Code
ARTICLE IX
Adult Uses
§ 165-45 Legislative findings and intent.
Judicial decisions, analysis of surrounding municipalities and analysis of the potential effect on the Village of Akron itself all indicate that buildings and establishments operated as adult uses are detrimental and harmful to the health, safety and general welfare of the residents of the Village of Akron in that such uses engender adverse effects thereon, including but not limited to increased crime, decreased property values and blighting or downgrading in residential, business and commercial neighborhoods and districts. In order to promote the health, safety and general welfare of the residents of the Village of Akron, this article is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the village and otherwise regulate their operation. This article is further intended to promote the health, safety and general welfare of the residents of the Village of Akron by regulating the proximity of such adult uses to residential districts and community establishments.
§ 165-46 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or for viewing on premises, by use of motion-picture devices or any other coin-operated means, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. An establishment with a segment or section devoted to the sale or display of the material heretofore described in this definition is also an adult bookstore for the purpose of this chapter.
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers or similar entertainers.
An enclosed building with a capacity of less than 50 persons used for presenting 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 therein.
An enclosed building with a capacity of 50 or more persons used for presenting 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 therein.
An adult bookstore, an adult motion-picture theater, adult mini motion-picture theater or adult entertainment cabaret or any combination thereof.
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
Any of the following:
[1]§ 165-47 Restrictions.
Adult uses shall be permitted subject to the following restrictions:
A.
No adult uses shall be located within 500 feet of the boundaries of any R-1, R-2 or R-3 District, being a single-family residence, two-family residence, and multifamily residence, respectively.
B.
No such use shall be located within 500 feet of a preexisting school, place of worship, public park, playground or playing field.
C.
No such adult use shall be located in any zoning district, except a zoning district zoned I-2 (General Industrial District).
§ 165-48 Special use permit.
A.
All adult uses as described in this article shall require a special use permit pursuant to § 165-34A(1).
B.
The special use permit required under this article shall be secured pursuant to § 168-8D(2).