Findlay City Zoning Code
CHAPTER 1164
Adult Entertainment Establishments
1164.01 PURPOSE.
Based upon various studies done on the effects of adult entertainment establishments on the
quality of community life, the recognition of The United States Supreme Court and the courts of Ohio that a local government’s regulation of the location of adult entertainment establishments in order to preserve the quality of urban and rural life constitutes a substantial government interest, and based upon the successful enactment and enforcement of similar ordinances throughout this state and other states, the Findlay City Council hereby finds that the enactment of a zoning provision to regulate the location of adult entertainment establishments is a substantial government interest for the City of Findlay in preserving the quality of urban and rural life and that it is in the interest of the health, safety, morals, and general welfare of the citizens of Findlay, Ohio, that adult entertainment uses are regulated pursuant to the standards herein.
(Ord. 2023-115. Passed 12-19-23.)
1164.02 MITIGATING SECONDARY EFFECTS.
This Chapter is intended to provide for the proper location of adult entertainment uses in order to protect the integrity of adjacent neighborhoods, educational uses, religious uses, parks and other commercial uses, and the quality of urban and rural life. Proper separation of adult entertainment uses prevents the creation of “skid-row” areas in the City of Findlay that results from the concentration of these uses and their patrons. It is the intent of this Chapter to limit the secondary effects of adult entertainment uses. The standards in this Chapter are intended to ensure that residential and agricultural districts, religious uses, educational uses, parks and other commercial uses are located in areas free from the secondary effects of adult entertainment uses. The location of residential and agricultural districts, religious uses, educational uses, parks and other commercial uses within viable, unblighted and desirable areas supports the preservation of property values and promotes the health, safety and welfare of the public.
(Ord. 2023-115. Passed 12-19-23.)
1164.03 PERMITTED DISTRICTS/CONDITIONAL USE.
Adult Entertainment Establishments and Adult Entertainment Uses possess unique characteristics requiring particular consideration as to their proper location in relation to approximately established or intended uses, or to the planned development of the community. Therefore, after verification by the Zoning Inspector that they have met the requirements listed herein, they may be permitted as conditional uses in I-1 Light Industrial Districts and I-2 General Industrial Districts upon a majority vote of the City Council, after public hearing, and after recommendations have been received from the City Plan Commission pursuant to Section 1113.16 and Section 1113.20 of the City of Findlay Zoning Ordinance and from the Hancock Regional Planning Commission.
(Ord. 2023-115. Passed 12-19-23.)
1164.04 LOCATION REQUIREMENTS.
Adult entertainment establishments, where otherwise permitted in a use district, are subject to the following location restrictions:
1164.04.1 LOCATION REQUIREMENTS; RESIDENTIAL USES.
No adult entertainment establishment shall be located within one thousand feet (1000’) of a residential district (including R-1, R-2, R-3) or districts and all areas which are designated “residential,” “residence,” “family,” or “multiple-family” by any local comprehensive plan or zoning ordinance or ordinance). However, an adult entertainment establishment may be permitted to locate within one thousand feet (1000’) of a residentially zoned district or use upon presentation to the Planning Commission of a validated petition requesting such waiver, signed by in excess of fifty percent (50%) of those persons owning residential land or business establishments within one thousand feet (1000’) of the proposed location. The Planning Commission shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this Chapter as well as reasonable fees necessary for administratively processing the petition. The rules shall provide that 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 rules of the Planning Commission, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon. The Planning Commission shall not consider the waiver of location requirements set forth in this Chapter until the above-described petition shall have been filed and verified.
(Ord. 2023-115. Passed 12-19-23.)
1164.04.2 LOCATION REQUIREMENTS - OTHER ADULT USES.
No adult entertainment establishment shall be located within two thousand feet (2000’) of another existing adult entertainment establishment, unless the Planning Commission makes the following findings:
(a) Public Interest/Injury. That the proposed use / establishment will not be contrary to the public interest or injurious to nearby properties.
(b) Blighting. That the proposed use / establishment will not enlarge or encourage the development of a blighting influence.
(c) Neighborhood Conservation. That 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.
(d) Adherence to Ordinance. That all applicable regulations of this Chapter will be observed. (Ord. 2023-115. Passed 12-19-23.)
1164.04.3 LOCATION REQUIREMENTS - CHURCHES/CEMETERIES.
No adult entertainment establishment shall be located within one thousand feet (1000’) of a church, place of worship, or public cemetery.
(Ord. 2023-115. Passed 12-19-23.)
1164.04.4 LOCATION REQUIREMENTS - SCHOOLS.
No adult entertainment establishment shall be located within one thousand feet (1000’) of an educational institution.
(Ord. 2023-115. Passed 12-19-23.)
1164.04.5 LOCATION REQUIREMENTS - RECREATION AREAS.
No adult entertainment use shall be established within one thousand feet (1000’) of a public park, playground or other use established for the activities of minors.
(Ord. 2023-115. Passed 12-19-23.)
1164.05 MEASURE OF DISTANCE.
The distances set forth in this Chapter shall be measured by drawing a straight line between the nearest point on the perimeter of the exterior wall or bay housing the proposed adult entertainment establishment to the nearest point on the property line of the relevant church or place of worship, public cemetery, educational institution, agricultural or residential district, public park, playground or other use established specifically for the activities of minors. For the purpose of measuring the distance between adult entertainment uses, the distance shall be measured by drawing a straight line between the nearest point on the perimeter of the exterior wall or bay of the proposed or existing adult entertainment establishment and the nearest point on the exterior wall or bay of another adult entertainment establishment. Measurement shall be made in a straight line, without regard to intervening structures or objects. No adult entertainment use may be physically altered or expanded when such alteration, addition, or subsequent structure would violate the location restrictions of this ordinance as measured above.
(Ord. 2023-115. Passed 12-19-23.)
1164.06 NO VARIANCE.
1164.07 SUBSEQUENT DEVELOPMENT WITHIN LOCATION STANDARDS.
The subsequent approval of a development order for a church or place of worship, educational institution, public park or residential district within the distances outlined in this Chapter shall not change the status of the existing conforming adult entertainment establishment to that of a nonconforming use.
(Ord. 2023-115. Passed 12-19-23.)
1164.08 NONCONFORMITY.
1164.08.1 ESTABLISHMENT OF NONCONFORMITY.
Any adult entertainment establishment/adult entertainment use shall be deemed a nonconforming use and the standards of this Chapter shall not apply if the adult entertainment establishment/adult entertainment use, on the effective date of August 31, 1998, was in operation as an adult entertainment establishment/adult entertainment use and held out in the neighborhood and community as an adult entertainment establishment/adult entertainment use. Any establishment seeking to establish nonconforming status as an adult entertainment establishment under the terms of this Code, shall submit an application to be declared a nonconforming use to the Planning Commission no later than six (6) months from the adoption of this Ordinance. Failure to so submit an application for nonconforming use shall result in the denial of nonconforming status.
(Ord. 2023-115. Passed 12-19-23.)
1164.08.2 STANDARDS FOR NONCONFORMANCE.
A nonconforming adult establishment/adult entertainment use located within the distances set forth in this Chapter shall be subject to the following supplementary standard, in addition to CHAPTER 1162 NONCONFORMITY, and including Section 1162.03 Nonconforming Lots, Section 1162.04 Nonconforming Uses of Land, Section 1162.05 Nonconforming Structures, Section 1162.06 Nonconforming Uses of Structures and shall not increase the gross floor area or square footage of the structure by more than ten percent (10%) over a fifteen (15) year period, beginning on the effective date of this ordinance.
(Ord. 2023-115. Passed 12-19-23.)
1164.09 ADULT ENTERTAINMENT DEFINITIONS.
For the purpose of this article, certain terms and words are hereby defined.
(a) “Adult Arcade” means any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this Code, Adult Arcade is included within the definition of Adult Theater.
(b) “Adult Bookstore/Adult Video Store” means an establishment which sells or offers adult material for sale, rent for commercial gain; unless the establishment demonstrates either:
(1) The adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than forty percent (40%) of the gross income from the sale or rental of goods or services at the establishment; or
(2) The individual items of adult material offered for sale or rental comprise less than ten percent (10%) of the individual items, as stock-in-trade, publicly displayed in the establishment and which is not accessible to minors.
(c) “Adult Booth” means a small enclosed or partitioned area inside an adult entertainment establishment which is:
(1) Designed or used for the viewing of adult material by one (1) or more persons; and
(2) Is accessible to any person, regardless of whether a fee is charged for access.
The term “adult booth” includes but is not limited to a “peep show” booth, or other booth used to view “adult material.”
(d) “Adult Dancing Establishment” means an establishment, where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.
(e) “Adult Entertainment Establishment / Adult Entertainment Use” means any adult arcade, adult theater, adult bookstore / video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical areas for viewing by patrons, including but not limited to: massage establishments, tanning salons, sexually oriented escort services, modeling studios, or lingerie studios, whether or not licensed pursuant to Chapters 503, 715, or 4713 of the Ohio Revised Code. Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.
(f) “Adult Material” means any one or more of the following, regardless of whether it is new or used:
(1) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations; recordings, other audio matter; and novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; including but not limited to or
(2) Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(g) “Adult Motel” means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, 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;” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
(h) “Adult Theater” means an establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of adult material. “Adult motels,” “adult arcade,” “adult booth,” and “adult motion picture theater” are included within the definition of “adult theater.” An establishment which has “adult booths” is considered to be an “adult theater.”
(1) “Adult Video Store” - see “Adult Bookstore.”
(j) “Commercial Gain” means operated for pecuniary gain. For the purpose of this Chapter, operation for commercial or pecuniary gain shall not depend on actual profit or loss.
(k) “Commercial Establishment” means any business, location, or place which conducts or allows to be conducted on its premises any activity for commercial gain.
(1) “Educational Institution” means a premises or site upon which there is an institution of learning, whether public or private, which conducts regular classes and/or courses of study required for accreditation. The term ‘educational institution” includes a premises or site upon which there may be a day care center, nursery school; kindergarten, elementary school, junior high school, senior high school; professional institution or an institution of higher education including a community college, junior college, or four (4) year college or university; libraries, art galleries and museums open to the public; or any special institution of learning. However, the term “educational institution” does not include a premises or site upon which there is a vocational institution operated for commercial gain.
(m) “Establishment” means the site or premises on which the Adult Entertainment Establishment is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.
(n) “Operator” means any person who engages or participates in any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor.
(o) “Residential” means all areas which are residential by nature or designated “residential,” “residence,” “family,” or “multiple-family” by any local comprehensive plan or zoning ordinance or ordinance.
(p) “Specified Anatomical Areas” means:
(1) Less than completely and opaquely covered:
A. Human genitals or pubic region.
B. Buttock.
C. Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(q) “Specified Sexual Activities” means:
(1) Human genitals in a state of sexual stimulation, arousal or tumescence; or,
(2) Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsection (a) and (b).
(Ord. 2023-115. Passed 12-19-23.)
1164.10 OPERATING PROVISIONS.
No adult entertainment establishment shall be permitted to operate without first having obtained the approvals required herein.
(Ord. 2023-115. Passed 12-19-23.)
1164.11 ENFORCEMENT.
As provided in Ohio Revised Code §713.13, the City Council, as well as any other appropriate parties, shall have the right to seek injunction for the violation of, or the imminent threat of the violation of the provisions of this Zoning Ordinance. This action shall be in addition to any fines or criminal prosecutions pursuant to Chapter 1199 of this Zoning Ordinance, and applicable state statue. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. 2023-115. Passed 12-19-23.)
1164.12 APPEALS.
Any aggrieved party which, after complete application/request and exhaustion of all administrative remedies has been made hereunder, is denied permission to operate an adult entertainment establishment, may appeal said denial to the Hancock County Court of Common Pleas. An appeal to the Common Pleas Court must be filed within thirty (30) days of the mailing of the City’s written notice of denial to the address accompanying the application/request hereunder. All appeals shall follow the procedures outlined in this Zoning Ordinance and the Ohio Revised Code. (Ord. 2023-115. Passed 12-19-23.)
1164.13 REGULATION OF OBSCENITY SUBJECT TO STATE LAW.
It is not the intent of this Chapter to legislate with respect to matters of obscenity. These matters are regulated and preempted by state law.
(Ord. 2023-115. Passed 12-19-23.)
1164.14 REGULATION OF MASSAGE ESTABLISHMENTS SUBJECT TO STATE LAW.
It is not the intent of this Chapter to legislate, limit or conflict with respect to matters of licensed massage establishments which are regulated by state agency and by state law.
(Ord. 2023-115. Passed 12-19-23.)
1164.15 SEVERANCE CLAUSE.
Pursuant to the provisions of Chapter 1171 of this City of Findlay Zoning Ordinance all Chapters and/or any amendments to this code are severable.
(Ord. 2023-115. Passed 12-19-23.)
1164.99 PENALTIES.
A violation of any provision of this chapter shall be deemed a violation of this Ordinance and subject the violator to enforcement and penalty as set forth in Chapter 1199.
(Ord. 2023-115. Passed 12-19-23.)