An ordinance of the Village of Greenhills enacted in accordance with a land use plan and for the purpose of promoting the public health, safety, morals, convenience, and general welfare establishing land use classifications, dividing the Village into districts, imposing regulations, restrictions, and prohibitions on the use and occupancy of real property limiting the height, area, and bulk of buildings and other structures and providing for yards and other open spaces around them establishing standards of performance and design and providing for the administration and enforcement thereof. (Ord. 2013-04-CD. Passed 4-2-13.)

   This Ordinance shall be known and may be cited and referred to as the Zoning Code of the Village of Greenhills, Ohio.

(Ord. 2013-04-CD. Passed 4-2-13.)

   In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Wherever this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Chapter shall govern.

(Ord. 2013-04-CD. Passed 4-2-13.)

   Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   The particular shall control the general.

   (b)   In case of any difference of meaning or implication between the text and any table, the text shall control.

   (c)   The word "shall" shall be mandatory and not discretionary. The words "may" or "should" shall be permissive.

   (d)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

   (e)   The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".

      (Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   All such provisions are adopted to protect the public peace, health, safety, and general welfare.

   (b)   All such provisions are adopted to combat the harmful secondary effects associated with Adult Entertainment Facilities. The Village hereby recognizes and specifically relies upon the studies of the harmful secondary effects of Adult Entertainment Facilities, and all other recitations of those secondary effects, set forth in the United States Supreme Court's decisions in Renton v. Playtime Theatres, 475 U.S. 41 (1986), Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and all other applicable case law. See City of Erie v. Pap's A.M., ___ U.S. ___ (2000). Based on its review of those decisions and its familiarity with the Village as a whole, Council believes that the harmful secondary effects set forth in the foregoing decisions are relevant to the Adult Entertainment Facilities which the Village regulates in this Zoning Code.

   (c)   Council finds that the harmful secondary effects associated with Adult Entertainment Facilities are detrimental to the public peace, health, safety, and general welfare.

   (d)   No such provision is adopted to regulate, limit, or suppress the content or flow of speech or free expression. Any limitation on speech or expression which results from the provisions of this Zoning Code's regulation of Adult Entertainment Facilities is unintended and purely incidental to the Village's attempt to combat the harmful secondary effects of Adult Entertainment Facilities.

      (Ord. 2013-04-CD. Passed 4-2-13.)