In the enactment, execution and enforcement of this chapter, it is recognized that there are certain uses which, due to the nature of their operation, are recognized as having seriously objectionable operational characteristics, particularly when several of said uses are concentrated in close proximity to each other, thereby having a detrimental effect upon the surrounding areas. The regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or other diminution of property values of the surrounding neighborhood. The primary purpose of this chapter is to prevent a concentration of these uses in any one area. Uses subject to these controls are:

   (a)   An adult book store;

   (b)   An adult motion picture theater;

   (c)   An adult peep show;

   (d)   A massage establishment; and

   (e)   Any establishment engaged in the activities specified in Section 1272.02(e).

(Ord. 1996-127. Passed 9-11-96.)

   As used in this chapter:

   (a)   "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals or motion picture films, video tapes or sound recordings which 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 segment or section devoted to the sale or display of such material.

   (b)   "Adult motion picture theater" means an establishment wherein motion pictures are shown which present 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.

   (c)   "Adult peep show" means an enclosed building 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 by means of coin-operated or manually operated viewing devices.

   (d)   "Massage establishment" means an establishment or operation within the meaning of Ohio R.C. 715.61 and 4731.15.

   (e)   "Specified sexual activities" and "specified anatomical areas" are defined as follows:

      (1)   "Specified sexual activities" means:

         A.   Human genitals in the state of sexual stimulation or arousal;

         B.   Acts of human masturbation, sexual intercourse or sodomy, bondage, sadomasochism or bestiality; or

         C.   Fondling or other erotic touching of human genitals, the pubic region, buttocks or a female breast.

      (2)   "Specified anatomical areas" means:

         A.   Less than completely and opaquely covered:

            1.   Human genitals or the pubic region;

            2.   Human buttocks; and

            3.   A female breast below a point immediately above the top of the areola; and

         B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 1996-127. Passed 9-11-96.)

   Except as otherwise provided under the waiver provisions of this chapter, no building or land shall hereafter be used for any of the uses set forth in Section 1272.02 if:

   (a)   The boundaries of the site of the proposed location are within 5,000 feet of a residentially zoned district.

   (b)   The boundaries of the site of the proposed location are within 5,000 feet of a church, an elementary school, an intermediate school, a high school, a college, a junior college, a university, a child day care center or a public park.

   (c)   There is already in existence one or more regulated uses within 5,000 feet of the boundaries of the site of the proposed regulated use.

(Ord. 1996-127. Passed 9-11-96.)

   Applications to establish any of the regulated uses shall be forwarded immediately by the Building Commissioner to the Planning Commission.

   (a)   The prohibition against locating any of the regulated uses set forth in Section 1272.02 within 5,000 feet of a residentially zoned district shall be waived upon the presentment to the Village Council of a validated petition requesting such waiver, signed by fifty-five percent of those persons owning, residing or operating a business establishment within 5,000 feet of the nearest property line of the proposed location. Said petition shall be on forms provided by the Village Council and secured in accordance with the rules and regulations governing the procedure for securing the petition of consent adopted by the Village Council. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the Village Council's rules and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appears thereon. The Village Council shall not consider the waiver of the location requirements set forth in Section 1252.03 until the above-described petition, if required, shall have been filed and verified.

   (b)   The Village Council may waive the 5,000 feet separation regulation if the following findings are made:

      (1)   The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;

      (2)   The proposed use will not enlarge or encourage the development of a skid row area;

      (3)   The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and

      (4)   All applicable provisions of this chapter will be observed.

   (c)   Prior to granting such regulated use, Village Council shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within 5,000 feet of the premises in question shall be assessed, and to the occupants of all single, two, three and four-family buildings and to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within 5,000 feet and to any neighborhood improvement organizations known to exist in the area (who have informed the Village Council in writing of their existence). Such notice shall be delivered personally or by mail addressed to the respective owners and/or tenants, and if the tenant's name is not known, the term "occupant" may be used.

   (d)   The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address, the lot number, the subdivision name of the premises in question and the section of this Zoning Code under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions, either in writing, in person or via telephone, within a time period expiring not less than fourteen days from the mailing date of such notice.

   (e)   Subsequent to the deadline for response to the notice of application, a decision shall be made by the Village Council (taking into consideration the comments, statements and opinions expressed) to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section.

   (f)   In approving a permit for any regulated use the Village Council may impose any such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that conditions stipulated in connection therewith will be fulfilled.

   (g)   When the decision of the Village Council becomes effective, the Village Council shall immediately notify the Building Commissioner in writing indicating the Village Council's approval, approval with conditions (in which case the conditions shall be set out in detail) or denial. If the decision of the Village Council approves or approves with conditions the requested waiver, the Building Commissioner shall, if all other applicable Building and Housing Code and Zoning Code provisions have been complied with, issue an occupancy permit subject to any conditions imposed by the Village Council.

(Ord. 1996-127. Passed 9-11-96.)