Loudonville City Zoning Code
CHAPTER 1261
Sexually Oriented Businesses
1261.01 DEFINITIONS.
(a) "Adult arcade" means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, video or laser disc players, or other video image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and
(2) Where the images shown and/or live entertainment presented is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(b) "Adult bookstore", "adult novelty store" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, video disks, CD-ROM disks, or video reproductions, slide or other visual representations that are characterized by the depiction of or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with "specified sexual activities".
(c) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a "state of nudity" or a "state of seminudity"; or
(2) Live entertainment characterized by the depiction or description 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, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(d) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, video disks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(e) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a "state of nudity" or "seminudity" 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.
(f) "Nude model studio" means any place where a person who appears in a "state of nudity" or "seminudity" or who 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.
(g) "Nudity", "state of nudity" or "nude" means the 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.
(h) "Seminudity", "state of seminudity" or "seminude" means 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.
(i) "Sexual encounter center" means a business or commercial enterprise that, as one 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 or more of the persons is seminude.
(j) "Sexually oriented business" means 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.
(k) "Specified anatomical areas" means any of the following:
(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.
(l) "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;
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (l)(1) or (2) above.
(Ord. 52-03. Passed 12-15-02.)
1261.02 SEXUALLY ORIENTED BUSINESS USES.
(a) Subject to the regulations of Chapter 840 of the Business Regulation Code, the General Offenses Code, other provisions of the Village Zoning Code, and state law or regulation, a sexually oriented business may be located only in accordance with the following restrictions:
(1) A sexually oriented business may only be located as a conditional use in a C-1, C-2 or C-2a Zoning District.
(2) No such business shall be located on any lot within 500 feet of any public library, private or public elementary or secondary school, or place of worship; and public park.
(3) No such business shall be located on any lot within 1,000 feet of another sexually oriented business.
(b) For the purposes of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, public library or public or private elementary or secondary school.
(c) For the purposes of subsection (a) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
(d) A conditional use permit for a sexually oriented business shall not be rendered invalid by the subsequent location of a place of worship, public or private elementary or secondary school, public park or public library within 1,000 feet of the sexually oriented business.
(e) No person shall establish, operator or cause the establishment or operation of any sexually oriented business in violation of the provisions of this chapter and Part Seven, Business Regulation Code, and any other provisions of the Codified Ordinances and state statute or regulation.
(f) Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(Ord. 52-03. Passed 12-15-03.)
1261.03 EFFECT OF PARTIAL INVALIDITY.
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 or clauses shall not be affected. (Ord. 52-03. Passed 12-15-03.)