(a)   Purpose. It is the purpose of this Chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.

   (b)   Findings. The City Council has received substantial evidence concerning the association of negative secondary effects with sexually oriented businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona: Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Adult Arcade. Any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five (5) or fewer persons at one (1) time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

   (b)   Adult Bookstore, Adult Novelty Store or Adult Video Store. A commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or

      (2)   Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”

   (c)   Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

      (1)   Persons who appear in a “state of nudity” or “state of semi-nudity”; or

      (2)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

      (3)   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or

      (4)   Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

   (d)   Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and that take place outside the context of some larger form of expression.

   (e)   Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the depiction or description of “specified anatomical areas,” “specified sexual activities” or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment and which for each of the previously mentioned categories, take place outside the context of some larger form of expression.

   (f)   Covering. Any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

   (g)   Establishment means and includes any of the following:

      (1)   The opening or commencement of any sexually oriented business as a new business;

      (2)   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

      (3)   The additions of any sexually oriented business to any other existing sexually oriented business; or

      (4)   The relocation of any sexually oriented business.

   (h)   Nude Model Studio. Any place where a person who appears nude or semi-nude or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude Model Studio” shall not include:

      (1)   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;

      (2)   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      (3)   An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) semi-nude model is on the premises at any one (1) time.

   (i)   Nudity or a State of Nudity or Nude. Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.

   (j)   Person. An individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

   (k)   Semi-nudity or Semi-nude Condition or Semi-nude. Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.

   (l)   Sexual Encounter Center. A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or,

      (2)   Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is semi-nude.

   (m)   Sexually Oriented Business. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.

   (n)   Specified Anatomical Areas means:

      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

      (2)   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

   (o)   Specified Sexual Activities means any of the following:

      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

      (3)   Excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.

   (p)   Substantial Enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%).

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Sexually oriented businesses are classified as follows:

      (1)   Adult arcades;

      (2)   Adult bookstores, adult novelty stores, or adult video stores;

      (3)   Adult cabarets;

      (4)   Adult motion picture theaters;

      (5)   Adult theaters;

      (6)   Nude model studios;

      (7)   Sexual encounter centers; and,

      (8)   Any combination of classifications set forth in paragraphs (1) through (7) above.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Sexually oriented businesses are permitted in the B-2 District if the Planning Commission determines that the provisions in subsections (b) through (d) below, and the other applicable standards in this Chapter and this Zoning Code have been satisfied.

   (b)   No sexually oriented business may be established within one thousand (1,000) feet of:

      (1)   A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities.

      (2)   A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

      (3)   A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities or which is operated or managed by the Summit Metro Parks or any other park authority.

      (4)   A boundary of a residential district as defined in the Zoning Code.

      (5)   A structure that constitutes a lawful non-conforming residential use as defined in the Zoning Code.

      (6)   Of any other sexually oriented business.

   (c)   Not more than one (1) sexually oriented business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business shall not be increased.

   (d)   For the purpose of subsection (b) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (b).

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Lot, setback, and height requirements for sexually oriented businesses are those specified for B-2 Retail Business District in Chapter 1278 of this Code. Parking setbacks are those specified for the B-2 District in Chapter 1274.

   (b)   Parking requirements for a sexually oriented business are governed by the provisions for retail business and other applicable provisions contained in Chapter 1284 of this Code.

   (c)   Review and approval procedures for a site plan for a sexually oriented business shall be in accordance with the procedures specified in Chapter 1240.

   (d)   No merchandise or pictures of the products or entertainment on the premises of a sexually oriented business shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building or from the exterior of the building.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   All signs for a sexually oriented business shall be limited to “wall signs” as defined in Chapter 1298 of this Code and shall be in conformance with all other applicable regulations in Chapter 1298.

   (b)   Storefront windows shall be opaquely shaded to a height of four (4) feet above the ground and thereafter shall be clear glass, free of tint and without any covering to permit full visibility from the outside. No signs shall be placed in any window. A one (1)-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   If any section, subsection, or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 2010-059. Passed 3-7-11.)