All principal and accessory uses and structures, when authorized within particular districts by this Zoning Code, must comply with the regulations of this chapter.

(Ord. 2012-20, passed 4-17-2012)

   Any other provisions of this Zoning Code notwithstanding, the following structures and uses may be located in any required yard, subject to the following limitations:

   (a)   Statuary, arbors, and trellises having a height of eight feet or less;

   (b)   Eaves and gutters projecting not more than two feet from an exterior wall;

   (c)   Awnings, canopies, bay windows and balconies projecting not more than three feet from any exterior wall into a required front, side, or rear yard;

   (d)   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices and the like projecting not more than 12 inches from an exterior wall;

   (e)   Outside stairways projecting from an exterior wall not more than three feet and having a height of four feet or less;

   (f)   Flagpoles;

   (g)   Clotheslines, except in front yards;

   (h)   Terraces and patios in rear yards;

   (i)   Basketball goals;

   (j)   Fences, walls and hedges, subject to the limitations of this Zoning Code;

   (k)   Driveways;

   (l)   Guard houses and gatehouses in the required front yard of any lot in the LI and GI Industrial Districts;

   (m)   Lamp posts and similar lighting fixtures.

   (n)   An enclosed vestibule 40 square feet or less extending four feet or less into a front yard in the Commercial and Industrial Districts.

   (o)   An unenclosed porch or a paved terrace projecting no more than ten feet into a front yard.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Bed and breakfast homes. Bed and breakfast homes and bed and breakfast inns must be located, developed and operated in compliance with the following:

      (1)   Number of rooms. No more than three rooms for rent may be allowed in a bed and breakfast home.

      (2)   Appearance. In all residential districts, the exterior appearance of a structure housing a bed and breakfast home may not be altered from its residential character.

      (3)   Business license required. A current business license must be obtained and posted in compliance with § 1480.18, Rooming Houses, of the Lockland Municipal Code.

      (4)   Limitation on services provided. Meals and rental of bedrooms are limited to registered guests. Separate or additional kitchens for guests are prohibited.

      (5)   Parking. One parking space for every guest room, in addition to the requirements for the dwelling itself, as prescribed in Chapter 1262 Off-Street Parking and Loading.

      (6)   The requirements of Chapter 1264, Signage, apply.

   (b)   Fuel sales.

      (1)   Applicability. The standards of this section apply to the location and the development plan for proposed, or renovation of existing, gasoline and fuel sales facilities, including when an accessory use to another commercial use.

      (2)   Standards for review of fuel sales facilities. The following items shall be among those considered with respect to the particular location and the present and future development of the area, including traffic flow and safety: Location and orientation of all structures.

         A.   The minimum lot size shall be one acre and the minimum lot width shall be 150 feet.

         B.   Canopies shall be set back a minimum of ten feet from the property line, and shall be designed to be consistent with the building materials and colors of the principal building. Support columns shall be brick, brick base, or other durable materials compatible with the principal building.

         C.   Pumps and pump islands shall be set back a minimum of 15 feet from the property line.

         D.   Pumps and pump islands shall not be located in the front yard within 50 feet of a Residential District.

         E.   Except while being serviced at a pump island, no vehicle shall be parked between the fuel pumps and the front property line.

         F.   A car wash establishment may be combined with a gasoline station or an automobile service station provided that the minimum lot size for the combined uses is a minimum of 50,000 square feet.

         G.   An area for vehicular circulation that is not otherwise used for required parking shall be provided at each end of a gasoline pump island. Such area shall be a minimum of 30 feet in width.

         H.   When located on a corner lot, the facility shall have not less than 150 feet frontage on each of the two intersecting streets.

            1.   The location of access drives shall be placed as far as possible from the intersection; and

            2.   Shall be limited to no more than one access drive per street frontage.

         I.   New fuel sales facilities that are proposed within a LI or GI District and which are within 200 feet of a major street intersection with lot frontage on each street shall be presumed to be at a proper location but shall be subject to review with respect to such development and other standards as are applicable under the Zoning Code.

   (c)   Automobile, truck, equipment or recreational vehicle repair. Vehicle repairs must be located, developed and operated in compliance with the following:

      (1)   Location. The repair area must be located within an enclosed structure.

      (2)   Hazardous materials. All automotive fluids must be recycled or removed according to local, state and federal standards.

      (3)   Outdoor storage. Any space for the storage of vehicles awaiting repair must be screened on all sides and completely enclosed within an eight-foot screen fence that is protected by a guardrail or other barriers approved by the Code Enforcement Officer. Vehicles may not be stored on the lot for more than 14 days.

      (4)   Indoor storage. Used or discarded automotive parts or equipment or permanently disabled or junked vehicles must be stored inside a building.

      (5)   Building openings. There may not be any openings in side walls, rear walls or roofs within 50 feet of a residential district, unless the openings are stationary windows or required fire exits.

   (d)   Child day care.

      (1)   The facility must meet state certification, licensing or approval requirements.

      (2)   The facility must meet local fire safety requirements for the proposed use and level of occupancy.

      (3)   Facilities for seven or more children shall have a minimum lot area of 7,500 square feet, or 500 square feet per child, whichever is greater.

      (4)   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served.

      (5)   Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

      (6)   All outdoor play areas shall be enclosed by a fence or wall a minimum of five feet in height, except that a minimum six foot high wall or solid wood fence shall be provided around all outdoor play areas abutting a residential property.

      (7)   Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Intent. The village intends to:

      (1)   Regulate the placement, construction and modification of alternative energy systems throughout the village to protect and promote the economic vitality of the village and to protect property values.

      (2)   Minimize the visual impacts of alternative energy systems through careful design siting and landscape screening.

      (3)   Accommodate the growing need for alternative energy systems.

      (4)   Avoid potential damage to adjacent properties from small wind turbines failure through engineering and careful siting of tower structures.

      (5)   To the greatest extent feasible, provide that proposed alternative energy systems shall be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards.

      (6)   Establish criteria designed to minimize adverse health, safety, public welfare and visual impacts through siting, design and construction and buffering requirements.

   (b)   Permitted and conditional uses. The following alternative energy systems are either permitted or conditional within any district in the village for use by the owner of the subject property on which they are located.

      (1)   Subject to the approval of the Planning Commission, small wind turbines are permitted as a conditional use in all zoning districts, contingent on a number of criteria being met.

      (2)   Solar panels may require a conditional use permit pursuant to Section 1274.07(h)(1).

      (3)   Alternative energy systems placed in interstate ROW are exempt from this chapter.

   (c)   Definitions.

      (1)   The following definitions pertain generally to alternative energy systems.

         A.   ALTERNATIVE ENERGY SYSTEM. Any energy system using renewable, non-fossil fuels to generate power, including but not limited to solar, geothermal, and wind.

         B.   GENERATION OF POWER FOR COMMERCIAL PURPOSES. The generation of more than twice as much energy as used annually by the subject property upon which an alternative energy system is installed.

         C.   NON-RESIDENTIAL ALTERNATIVE ENERGY SYSTEM. An alternative energy system which is an accessory use to a lawful non-residential use in any zoning district.

         D.   OWNER. The record owner of the real property upon which an alternative energy system is installed or maintained.

         E.   RESIDENTIAL ALTERNATIVE ENERGY SYSTEM. An alternative energy system that is an accessory use to a lawful residential use in any zoning district.

      (2)   The following definitions pertain to the general installation of small wind turbines.

         A.    HUB HEIGHT. The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

         B.    LOT. A distinct permanent parcel, identified as such by permanent parcel number upon the public record.

         C.   MONOPOLE. A support structure, erected for small wind turbines purposes, constructed of a self-supporting hollow metal tube securely anchored to a foundation.

         D.   SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a turbine, a tower, and associated control or conversion electronics, which has a capacity of not more than ten kW and which is intended to primarily reduce consumption of utility power.

         E.   TOWER HEIGHT. The vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground. Tower height shall be measured to the turbine mounting point.

      (3)   The following definitions pertain to the general installation of solar panels.

         A.   SOLAR CELL. A semiconductor device that converts the energy of sunlight into electric energy.

         B.   SOLAR ENERGY SYSTEM. A system designed and used to obtain energy from the sun in order to supply energy to a principal use or structure located on the same lot as the system. A solar energy system may include, but is not limited to: solar hot water or air heating; photovoltaic systems; a solar panel; array of solar panels; solar panel mounting structures including footing and rail assemblies; plumbing and wiring associated with solar panels, inverters, meters, controllers; and solar energy system batteries.

         C.    SOLAR PANEL. A group of connected solar cells. A solar panel may include, but is not limited to: a solarphotovoltaic panel for electricity generation or a solar panel for water heating.

   (d)   General requirements for wind turbine systems. The following requirements apply to all small wind turbines regardless of the zoning district in which they are to be located:

      (1)   When the proposed small wind turbine is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted as a part of the application for Planning Commission approval. This plot plan shall include the tower height, type of materials, the name of the tower manufacturer, a soil investigation (where required for footing design), a listing of the type and location of cables or other appurtenances which will be installed at the time the tower is erected, all lot lines, all structures and all uses within 300 feet of the proposed wind turbine.

      (2)   The name, address, and telephone number of the applicant.

      (3)   The address and zoning district of the subject property.

      (4)   An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

      (5)   Other relevant studies, reports, certifications and approval as may be reasonably requested by the village to ensure compliance with this chapter and Zoning Code.

   (e)   Wind turbine systems - use regulations. A small wind energy system is permitted as the sole use on a lot subject to the following:

      (1)   Minimum yard requirements in all permitted districts.

         A.   Setbacks for ground-mounted wind turbines.

            1.   Non-Residential. With respect to proximity to the boundaries of parcels within any non-residential district, a ground-mounted wind turbine shall be set back from all property lines, street right-of-way lines, and overhead utility lines a minimum distance equal to 1.1 times the height of the wind turbine. Turbine setbacks shall be measured from the center of the wind turbine base. With respect to an overhead utility line that provides service only to a single building or a single parcel of land, the setback requirement shall be met if the turbine is placed so that no portion of a rotor blade extends closer than five feet to the utility line.

            2.   Residential. With respect to proximity to the boundaries of parcels within a Residential District, a wind turbine shall be set back from the property line a minimum distance equal to two times the height of the wind turbine. In the case of a wind turbine that does not exceed 35 feet in height and is located in a Residential District, the wind turbine shall be set back at least 15 feet from all property lines, and no portion of a rotor blade shall extend closer than five feet to any lot line.

         B.   The height of a ground-mounted wind turbine shall be limited by the setback requirements of this section. The height of a rooftop or other building-mounted wind turbine shall not exceed the maximum permitted building height for the property by more than 20 cent. For a rooftop or other building-mounted wind turbine that exceeds the maximum permitted building height by more than 20 percent the Village Planning Commission, after a public hearing, may approve a greater height if the Commission determines that the placement of the turbine and context of the turbine site will mitigate any significant negative visual or safety impacts on nearby properties.

         C.    Small wind energy systems shall not exceed 45 decibels, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

         D.   Wall wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

         E.   Small wind energy systems shall be accompanied by a line drawing showing the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

         F.   A capacity of not more than ten kilowatts maximum power.

         G.   No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.

   (f)   Conditional use permit for wind turbine systems.

      (1)   Building permit required. No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the village unless the Village Planning Commission has approved a conditional use permit and the Code Enforcement Officer, pursuant to the requirements of Chapter 1244, has issued a building permit.

      (2)   Any physical modification to an existing conditionally permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval by the Planning Commission pursuant to Chapter 1280. Like-kind replacements as determined by the Code Enforcement Officer shall not require review by the Planning Commission.

   (g)   Climb prevention/locks on wind turbine systems.

      (1)   Wind turbines shall not be climbable up to 15 feet above ground surface

      (2)    All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

         A.   Solar panels on a principal or accessory structure do not require conditional use approval. Solar panels mounted on principal or accessory structures are considered to be appurtenances and subject to applicable code restrictions in each zoning district. The amount of solar panels that may be installed may be no more than necessary to serve the needs of the structures located on the parcel.

            1.   Solar panels on principal or accessory structures in Residential Districts. If the solar panels are within a Residential District, they must be attached to a principal or accessory building, must be installed parallel to the roof slope to which they are attached, and project no more than 12 inchesfrom the roof surface. If an applicant wishes to install solar panels within a Residential District contrary to these requirements, a variance is required. No variance shall be available to locate a solar panel on a residential lot, in a Residential District, as a free-standing solar panel.

            2.   Solar panels on a principal or accessory structure in Non-Residential Districts. If the solar panels are within a Non-Residential District, they must be attached to a principal or accessory building, must be installed parallel to the roof slope, and project no more than 12 inches from the roof surface. If an applicant wishes to install solar panels within a Non-Residential District contrary to these requirements, a variance is required. For requests related to a free-standing solar panel shall be subject to the conditional use requirements found below.

         B.   Location with conditional use. Conditional use approval is required in accordance with Chapter 1280 when the solar panel conversion system is a stand-alone facility. Free-standing solar panels are defined as solar panels which are located anywhere on a lot except on a principal or accessory structure. Free-standing solar panels are considered to be accessory uses, subject to accessory use code and zoning and building permit requirements in each zoning district, however they shall not be counted as contributing to the total square footage of accessory uses/structures. Free-standing solar panels are conditional uses in all Residential and Non-Residential Districts, as further limited by divisions (h)(1)B.1. and (h)(2), below.

            1.   Additional location requirements.

               a.   Solar panels must be located on a principal or accessory structure of residential uses in Residential Districts. The placement of free-standing solar panels on a lot that is a residential use in a Residential District is prohibited.

               b.    Free-standing solar panels for any non-commercial use in a Residential District are subject to conditional use approval.

               c.    Free-standing solar panels for any use in a Non-Residential District are subject to conditional use approval.

      (2)   Mounting requirements. Solar panels must be installed in accordance with the manufacturer's design and operation standards as well as all county, state, and federal guidelines.

   (i)   Visual appearance of alternative energy systems.

      (1)   Alternative energy systems shall appear before the Planning Commission for review and approval.

      (2)   Wind turbines shall be a non-obtrusive color such as white, off-white or gray.

      (3)   Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

      (4)   On-site transmission and power lines between alternative energy systems shall, to the maximum extent practicable, be placed underground.

   (j)   Exemptions for alternative energy systems located on village-owned property.

      (1)   Notwithstanding any other provision of this chapter, any small wind energy system or solar panel located on property owned by the village may be exempted from any provision of this chapter (except those provisions relating to permit and inspection fees), provided that any proposal for such a system will be reviewed by the Planning Commission, which may recommend exemption from such sections of this chapter as are deemed practicable by the Commission, and further provided that Council may determine on a case-by-case basis whether to grant such an exemption.

      (2)   In granting or denying any exemption hereunder, Council shall consider the recommendation of the Planning Commission, if any, but is not bound by said recommendation.

      (3)   Notwithstanding any provision contained in this section to the contrary, Council may initiate and approve an exemption from any provision of this chapter (except those pertaining to permit and inspection fees) for any small wind turbine systems or solar panels to be located on village property without prior recommendation of the Planning Commission.

   (k)   Dismantling and removal of alternative energy systems. If the property upon which a small wind turbine facility or solar panel is located, sold or otherwise transferred, or the wind turbine or solar panel structure is in any way abandoned or neglected or becomes dilapidated, the seller or conveyor of such premises shall cause the facility to be dismantled completely, including all support structures and appurtenances, and removed from the property. However, if the purchase contract or other means of conveyance provides specifically for the wind turbine facility or solar panel to remain in place for use by the successive possessor of the property, then this section shall not apply.

   (l)   Variances. The Board of Zoning Appeals may vary or permit exceptions to any of the provisions of this chapter if it finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and useful development will result.

(Ord. 2012-20, passed 4-17-2012; Am. Ord. 2022-51, passed 11-21-2022; Am. Ord. 2023-39, passed 7-24-2023)

   (a)   Community gardens. Community gardens must comply with the following regulations:

      (1)   On-site sales. On-site sales of community garden products are prohibited.

      (2)   Displays and signs. Signs are limited to one non-illuminated identification sign erected as a ground or wall sign not exceeding four square feet in total area and a height of six feet from the ground.

      (3)   Fencing.

         A.   The maximum height of a perimeter fence or wall or any combination thereof located along any front lot line, corner side lot line or corner rear lot line must not exceed four feet in residential districts and six feet in all other districts and must not exceed an opacity of 50 percent. Along any interior side or rear lot line, the maximum height may not exceed six feet and may be 100 percent opaque.

         B.   Electrical, barbed and razor wire fences are prohibited.

      (4)   Hours of operation. Use of community gardens is prohibited between the hours of 10:00 p.m. to 7:00 a.m.

      (5)   Outdoor storage.

         A.   Tools and supplies shall be stored indoors or removed from the property daily.

         B.   Bulk supplies and water tanks must be stored at the center or rear of the site in a neat and orderly fashion and must not create visual blight or offensive odors.

         C.   Pesticides and fertilizers must only be stored on the property in a locked storage structure and must comply with any other applicable requirements for hazardous materials.

      (6)   Maintenance of site.

         A.   The property owner of the site on which a community garden is located is responsible for all maintenance requirements.

         B.   The site must be designed and maintained to prevent any chemical, pesticide, fertilizer, or other garden waste from draining onto adjacent property.

         C.   Cultivated areas must be prevented from encroaching onto adjacent properties.

         D.   The property must be maintained free of high grass, weeds or other debris.

         E.   Dead plant growth must be composted or removed from the site not later than December 1st of each year.

      (7)   Equipment. Use of commercial or industrial farm equipment is prohibited.

      (8)   Refuse storage. 

         A.   Refuse storage must be located:

            1.   A minimum distance of three feet from rear and side lot lines;

            2.   A maximum distance of 25 feet from the rear lot line; and

            3.   A minimum distance of ten feet from the front lot line.

         B.   In the case of corner lots refuse storage must be located:

            1.   A minimum distance of three feet from the rear and interior side lot lines;

            2.   A maximum distance of 25 feet from the rear lot line; and

            3.   A minimum distance of ten feet from the street side lot line and front lot line.

         C.   All refuse storage areas must be screened from ground-level view and from adjacent properties or public rights-of-way.

      (9)   Structures.

         A.   Structures, except for fences, must be located:

            1.   A minimum distance of three feet from rear and side lot lines;

            2.   A maximum distance of 25 feet from the rear lot line; and

            3.   A minimum distance of ten feet from the front lot line.

         B.   In the case of corner lots, structures, except for fences, must be located:

            1.   A minimum distance of three feet from the rear and interior side lot lines;

            2.   A maximum distance of 25 feet from the rear lot line; and

            3.   A minimum distance of ten feet from the street side lot line and front lot line.

         C.   Maximum size: 800 square feet for all structures other than fences and walls.

         D.   Maximum number of structures: two.

         E.   Maximum height: 15 feet.

   (b)   Animal husbandry. A maximum of four chickens, pigeons, doves, or rabbits are permitted when the animals are kept in such a manner that the following standards are complied with:

      (1)   The animals shall only be kept on a single-family or two family owner occupied parcel(s).

      (2)   The animals shall be provided with a covered, predator-proof house that is thoroughly ventilated, of sufficient size to admit free movement of the animals, designed to be easily accessed, cleaned, and maintained by the owners.

      (3)   All structures housing animals shall be located in the rear or side yard and setback a minimum of 20 feet from any property line.

      (4)   No housing structure shall be visible from the public street on which such residential property fronts. Such structures shall be appropriately screened from abutting properties by either a solid fence, wall, or landscaping at a height no less than four feet and no greater than six feet high.

      (5)   Stored feed must be kept in a rodent-and-predator-proof container.

      (6)   It is unlawful for the owner, custodian, or keeper of any chicken to allow the animal(s) to be a nuisance to any neighbors, including but not limited to: noxious odors from the animals or their enclosure; and noise of a loud and persistent and habitual nature.

      (7)   No person shall own, keep, or harbor any rooster.

      (8)   No person shall slaughter any animal upon a residential lot.

   (c)   Beekeeping. The keeping of honeybees in Residential Districts is permitted under the following conditions:

      (1)   The animals shall only be kept on a single-family owner occupied parcel(s).

      (2)   No more than two hives per lot.

      (3)   Hives shall be located in the rear or side yard and setback a minimum of 20 feet from any property line.

      (4)   Hives shall not be visible from the public street on which such residential property fronts. Such structures shall be appropriately screened from abutting properties by either a solid fence, wall, or landscaping at a height not less than four feet and not greater than six feet high.

      (5)   A water source must be provided on the premises, located a minimum of 20 feet from any property line.

      (6)   All colonies must be registered with the Ohio Department of Agriculture.

      (7)   It is unlawful for the owner, custodian, or keeper of any insects to allow the insects to be a nuisance to any neighbors, including but not limited to: noxious odors from the animals or their enclosure; and noise of a loud and persistent and habitual nature.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate sexually-oriented businesses, as defined herein, so to prevent crime, to protect the village's retail trade and property values, and in general, to preserve the quality of life in the village and not suppress First Amendment rights of speech.

   (b)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, videotape, phonographic record or tape, other tangible thing or service, capable of arousing interest through sight, sound or touch, and:

         A.   Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or

         B.   Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.

      (2)   ADULT MOTION PICTURE THEATER. An enclosed motion picture theater which is regularly used or utilizes ten percent or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.

      (3)   ADULT-ONLY ENTERTAINMENT ESTABLISHMENT. An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment or services which constitute adult material.

      (4)   ADULT RETAIL. An establishment which utilizes 10% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.

      (5)   BOTTOMLESS. Less than full opaque covering of male or female genitals, pubic area or buttocks.

      (6)   NUDE or NUDITY. The showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

      (7)   SEXUAL ACTIVITY. Sexual contact or sexual conduct, or both.

      (8)   SEXUAL CONTACT. Any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region or, if the person is a female, the breast, for the purpose of sexually arousing or gratifying either person.

      (9)   SEXUAL EXCITEMENT. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.

      (10)    SEXUALLY-ORIENTED BUSINESS. An adult retail store, adult motion picture theater, or an adult-only entertainment establishment as further defined in this section.

      (11)   TOPLESS. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.

   (c)   Conditional use permit. No person shall cause or permit the establishment (defined as the opening of a new business, relocation of an existing business or the conversion of an existing business) of a sexually-oriented business unless authorized by the issuance of a conditional use permit in accordance with Chapter 1280. In addition, an adult entertainment business shall comply with the following conditional use criteria.

      (1)   Sexually-oriented businesses shall be conditionally permitted only in the GI General Industrial District and shall comply with all regulations within such district.

      (2)   No sexually-oriented business shall be located within 1,000 feet of any of the following uses, whether located within the village or in a neighboring municipality: a parcel of land on which a liquor permit exists; a parcel of land located in a Residential District or used as a residence; a parcel of land on which any public, private, governmental or commercial library, education facility, park, recreational facility, religious institution, child day care facility, or playground or swimming pool is located.

      (3)   No sexually-oriented business shall be permitted in a location which is within 1,000 feet of another adult entertainment business.

   (d)   Permit guidelines. A sexually-oriented business shall be issued a conditional use permit only if the establishment of the business is in accordance with the conditional use permit standards as set forth in Chapter 1280, as well as the rules and regulations of this section.

(Ord. 2012-20, passed 4-17-2012)