Whereas County Council is aware of studies done by other cities and counties throughout the United States which document the secondary effects that result from sexually oriented businesses, particularly when those businesses are concentrated together, it is the purpose of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the County. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this Ordinance to 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 or effect of this Ordinance to condone or legitimize the distribution of obscene material nor to legalize any form of prohibited or illegal activities.

(Ord. No. 23-17, 6-25-2024)

Sexually oriented businesses include, but are not limited to: adult arcade, adult bookstore/video store, adult cabaret/nightclub, adult campground/recreational area, adult escort service, adult model studio, adult motel, adult motion picture theater, adult peep show, adult sexual encounter center, adult theater, as defined herein; and any other establishment which contains activities characterized by the performance, depiction, or description of "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas." Each sexually oriented business is considered a separate business regardless of ownership and must meet separation requirements. This definition does not include family oriented clothing optional campground/recreational areas which: 1) comply with all state and/or federal requirements that prohibit public indecency; 2) do not provide sexual stimulation or sexual gratification to customers; and 3) do not include "specified sexual activities." Family oriented clothing optional campground/recreational areas must meet all applicable buffering restrictions for the principal activity(ies); however, in all cases, total screening must be provided from the road right-of-way and adjoining properties.

Adult Arcade. Any establishment to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Adult Bookstore/Video Store. An establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration books, magazines, sexual paraphernalia or instruments, films, motion pictures, video cassettes or video reproductions, slides or other visual representations (whether for viewing off premises or on premises by use of motion picture machines or other image producing devices), periodicals or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to such customers, and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Adult Cabaret/Night Club. An establishment which, as one of its business purposes, offers to customers live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Adult Campground/Recreational Area. A membership facility which, as one of its business purposes, provides outdoor recreational opportunities to nude or semi-nude participants. This definition does not include family oriented clothing optional campground/recreational areas as defined above.

Adult Escort/Entertainment Service. A person or business association who furnishes, offers to furnish, or advertises to furnish as one of its business purposes for a fee, tip, or other consideration, private live entertainment which is distinguished by or characterized by an emphasis on depicting, describing, or relating to "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Adult Model Studio. Any place where a person who appears in a "state of nudity" or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

Modeling studios will not be considered sexually oriented businesses if the person appearing in a state of nudity did so in a modeling class operated:

a.

By a proprietary school, licensed by the State of South Carolina; a college, junior college, or university supported entirely or partly by taxation; or

b.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Adult Motel. A hotel, motel, or similar commercial establishment which:

a.

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 "nudity or state of nudity," "semi-nudity or state of semi-nudity," "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; or

b.

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

Adult Motion Picture Theater. A commercial establishment where, as one of its business purposes, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, for any form of consideration, which are characterized by the depiction or description of "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Adult Peep Shows. A theater which presents materials in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

Adult Sexual Encounter Center. A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity; or

c.

Sadistic/masochistic flagellation or torture (real or simulated) of one person by another and/or the fettering, binding, or physically restraining of one person by another.

Adult Theater. An establishment, containing a room with tiers or rows of seats facing a screen, projection area, or stage, which, as one of its business purposes, is the exhibition to customers of motion pictures or live entertainment which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified sexual activities," or "specified anatomical areas."

Nudity or State of Nudity. The appearance of a bare human buttocks, male genitals, female genitals, or female breast(s) or the use of opaque material that gives the appearance of less than completely or opaquely covered human buttocks, male genitals, female genitals, or female breast(s).

Semi-Nudity or State of Semi-Nudity. A state of dress in which clothing, or opaque material that gives the appearance of less than completely or opaquely covered human buttocks, male genitals, female genitals, or female breast(s), covers no more than the genitals, pubic region, areola of the female breast, and those portions of the body covered by supporting straps and devices.

Specified Anatomical Areas.

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast areola; or

b.

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

Specified Sexual Activities.

a.

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

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Human genitals in a state of sexual stimulation or arousal; or

e.

The fondling, erotic touching or other such contact with an animal by a human being; or

f.

Excretory functions as part of or in connection with any of the activities set forth in (a) through (e) above.

(Ord. No. 23-17, 6-25-2024)

Sexually oriented businesses shall be located only in accordance with the following:

a.

Only in the Intensive Development (ID) District and portions of the Limited Restriction (LR) District which are regulated as if an Intensive Development District, provided the business also meets the location requirements for the principal activity to which it is assigned.

b.

At least 1,000 feet from any residential use, church, day care center, public or private elementary or secondary education school, public park, public library, cemetery, or motion picture establishment which shows G-rated or PG-rated movies to the general public on a regular basis, regardless of jurisdiction.

c.

At least 2,000 feet from any other sexually oriented business, regardless of jurisdiction. Each sexually oriented business is considered a separate business regardless of ownership.

d.

Measurements of distance separation shall be in a straight line from the closest points of the buildings or outdoor areas in which the sexually oriented business activity takes place to either, except properties that are within 100 feet of the county boundary line or are contiguous with and/or extend beyond the county boundary:

1.

the closest point of the building in which the residential use, public library, motion picture establishment or other sexually oriented business is located, or

2.

the closest point of the property line of a church, day care center, public or private elementary or secondary education school, public park, or cemetery.

e.

For properties that are within 100 feet of the county boundary line or are contiguous with and/or extend beyond the county boundary line, the property lines of the sexually oriented business shall be used to measure separation distances for protected land uses located within Lexington County and the county boundary shall be used to measure separation distances in adjoining counties.

(Ord. No. 23-17, 6-25-2024)

a.

It shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct, or maintain any sign other than as provided herein and in Article 2, Chapter 5, Signs.

b.

Signs and exterior decoration/design shall contain no photographs, silhouettes, drawings, titles, graphic or pictorial representations in any manner of "nudity or state of nudity," "semi-nudity or state of semi-nudity," "specified anatomical areas," or "specified sexual activities."

c.

Each sexually oriented business must display at least one sign, easily discernable prior to entering the establishment, which identifies it as such by using the word "Adult" (for example, "Adult Bookstore," "Adult Cabaret," "Adult Entertainment," etc.).

(Ord. No. 23-17, 6-25-2024)

a.

Sexually Oriented Business Zoning Permits shall be required in addition to Zoning Permits issued for their principal activities.

b.

Property owners where sexually oriented businesses are located may not sanction the selection of a lesser buffering restriction as outlined in Section 23.60 if that restriction is applicable to another sexually oriented business.

c.

Property owners where sexually oriented businesses are located may not sanction the selection of a lesser buffering restriction as outlined in Section 23.60 to seek relief for the required separation distances from protected land uses.

d.

Representatives of the Sheriff's Department, Department of Community Development, Department of Emergency Services, or other County departments or agencies shall be allowed to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

e.

An application for a Sexually Oriented Business Zoning Permit must be accompanied by a site plan drawn to a designated scale or drawn with marked dimensions. The site plan need not be professionally prepared, but must be drawn to an accuracy of plus or minus 6 inches. The site plan must include information and exhibits as deemed necessary by the Zoning Administrator in order to determine that the proposed use complies with this Ordinance.

f.

The fact that a person possesses other types of State or County permits and/or licenses does not exempt that person from the requirement of obtaining a Sexually Oriented Business Zoning Permit.

(Ord. No. 23-17, 6-25-2024)

a.

Any sexually oriented business lawfully operating or which have previously permitted building construction in progress on June 25, 2019, that is in violation of any of the requirements of Article 10 shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 3 years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The 3 year nonconformity period shall begin upon the issuance of a Certificate of Occupancy for nonconforming uses that are under construction at the time these regulations are enacted. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two sexually oriented businesses are within 2,000 feet of one another and otherwise in a permissible location, the sexually oriented business which is currently in longest continuous operation at a particular location is considered to be the conforming use and the other business is considered to be the nonconforming use.

b.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the issuance of its Sexually Oriented Business Zoning Permit, of a residential use, church, day care center, public or private elementary or secondary school, public park, public library, cemetery, or motion picture establishment within 1,000 feet of the sexually oriented business. This provision applies only to the initial issuance of a valid Sexually Oriented Business Zoning Permit, and does not apply after a Sexually Oriented Business Zoning Permit has been revoked.

c.

All existing sexually oriented businesses must apply for a Sexually Oriented Business Zoning Permit within 6 months of the enactment of this Ordinance, for the purpose of establishing the extent of any nonconformity which must be corrected within 3 years as required in paragraph "a." The Permit will note the degree of nonconformity, if any, as determined by the circumstances at the time from which the sexually oriented business has been in continuous operation at that location. Sufficient information to make such a determination must be provided to the satisfaction of the Zoning Administrator.

d.

In the event that the original investment expenses have not been recouped during the 3 year nonconformity period, the Board of Zoning Appeals may entertain a variance request to grant additional time. In the event a hardship is claimed, the burden of proof relies solely upon the owner, operator, and/or developer to provide such documentation to support the hardship.

e.

Nothing within this Article prohibits a nonconforming sexually oriented business from seeking relief of the required separation distances through the variance process. In the event a successful variance is granted by the Board of Zoning Appeals, which provides relief for all nonconformities relating to buffering restrictions and/or separation distances, the sexually oriented business shall be considered a conforming use.

(Ord. No. 23-17, 6-25-2024)