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 Village 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 village 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 the village, that adult entertainment uses are regulated pursuant to the standards herein.

(Ord. O-2019-24, passed 9-9-2019)

   This subchapter 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 village that results from the concentration of these uses and their patrons. It is the intent of this subchapter to limit the secondary effects of adult entertainment uses. The standards in this subchapter 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. O-2019-24, passed 9-9-2019)

   Adult entertainment establishments and adult entertainment uses possess unique characteristics requiring particular consideration as to their proper location in relation to proximately established or intended uses, or to the planned development of the community. Therefore, after verification by the Village Administrator 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 Village Council, after public hearing, and after recommendations have been received from the Planning Commission pursuant to § 178.035 Order of Business and § 178.039 Planning Commission Action of the village and from the Hancock Regional Planning Commission.

(Ord. O-2019-24, passed 9-9-2019)

   Adult entertainment establishments, where otherwise permitted in a use district, are subject to the following location restrictions.

   (A)   Residential uses. No adult entertainment establishment shall be located within 1,000 feet of a Residential District (including R-l, 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 code). However, an adult entertainment establishment may be permitted to locate within 1,000 feet 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 50% of those persons owning residential land or business establishments within 1,000 feet 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 subchapter 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 subchapter until the above described petition shall have been filed and verified.

   (B)   Other adult uses. No adult entertainment establishment shall be located within 2,000 feet of another existing adult entertainment establishment, unless the Planning Commission makes the following findings:

      (1)   Public interest/injury. That the proposed use / establishment will not be contrary to the public interest or injurious to nearby properties.

      (2)   Blighting. That the proposed use / establishment will not enlarge or encourage the development of a blighting influence.

      (3)   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.

      (4)   Adherence to regulations. That all applicable regulations of this subchapter will be observed.

   (C)   Churches/cemeteries. No adult entertainment establishment shall be located within 1,000 feet of a church, place of worship, or public cemetery.

   (D)   Schools. No adult entertainment establishment shall be located within 1,000 feet of an educational institution.

   (E)   Recreation areas. No adult entertainment use shall be established within 1,000 feet of a public park, playground or other use established for the activities of minors.

(Ord. O-2019-24, passed 9-9-2019)

   The distances set forth in this subchapter 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 zoning code as measured above.

(Ord. O-2019-24, passed 9-9-2019)

   Notwithstanding the provisions of § 178.073 Variance, as to adult entertainment uses, there shall be no variance to the location standards except as specifically provided for in § 178.212 Nonconformity of this subchapter.

(Ord. O-2019-24, passed 9-9-2019)

   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 subchapter shall not change the status of the existing conforming adult entertainment establishment to that of a nonconforming use.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Establishment of nonconformity. Any adult entertainment establishment/adult entertainment use shall be deemed a nonconforming use and the standards of this subchapter shall not apply if the adult entertainment establishment / adult entertainment use, on the effective date of this zoning code 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 zoning code, shall submit an application to be declared a nonconforming use to the Planning Commission no later than six months from the adoption of this zoning code. Failure to so submit an application for nonconforming use shall result in the denial of nonconforming status.

   (B)   Standards for nonconformance. A nonconforming adult establishment/adult entertainment use located within the distances set forth in this subchapter shall be subject to the following supplementary standard, in addition to and including § 178.162 Nonconforming Lots, § 178.163 Nonconforming Uses of Land, § 178.164 Nonconforming Structures, and § 178.165 Nonconforming Uses of Structures and shall not increase the gross floor area or square footage of the structure by more than 10% over a 15-year period, beginning on the effective date of this zoning code.

(Ord. O-2019-24, passed 9-9-2019)

   For the purpose of this subchapter, certain terms and words are hereby defined.

   ADULT ARCADE. Any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this zoning code, ADULT ARCADE is included within the definition of “Adult Theater.”

   ADULT BOOKSTORE/ADULT VIDEO STORE. 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 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 10% of the individual items, as stock-in-trade, publicly displayed in the establishment and which is not accessible to minors.

   ADULT BOOTH. A small enclosed or partitioned area inside an adult entertainment establishment which is: Designed or used for the viewing of adult material by one or more persons; and 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.”

   ADULT DANCING ESTABLISHMENT. An establishment, where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

   ADULT ENTERTAINMENT ESTABLISHMENT / ADULT ENTERTAINMENT USE. 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 R.C. Chapters 503, 715, or 4713. Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

   ADULT MATERIAL. Any one or more of the following, regardless of whether it is new or used: 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 instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

   ADULT MOTEL. 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.

   ADULT THEATER. 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.”

   ADULT VIDEO STORE. See “Adult Bookstore.”

   COMMERCIAL ESTABLISHMENT. Any business, location, or place which conducts or allows to be conducted on its premises any activity for commercial gain.

   COMMERCIAL GAIN. Operated for pecuniary gain. For the purpose of this subchapter, operation for commercial or pecuniary gain shall not depend on actual profit or loss.

   EDUCATIONAL INSTITUTION. 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-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.

   OPERATOR. 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.

   RESIDENTIAL. 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.

   SPECIFIED ANATOMICAL AREA.

      (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.

   SPECIFIED SEXUAL ACTIVITIES.

      (1)   Human genitals in a state of sexual stimulation, arousal or tumescence;

      (2)   Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy;

      (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 divisions (1) and (2) above.

(Ord. O-2019-24, passed 9-9-2019)

   No adult entertainment establishment shall be permitted to operate without first having obtained the approvals required herein.

(Ord. O-2019-24, passed 9-9-2019)

   As provided in R.C. § 713.13, the Village 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 code. This action shall be in addition to any fines or criminal prosecutions pursuant to §§ 178.260 through 178.268 and 178.999 of this zoning code, and applicable state statutes. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. O-2019-24, passed 9-9-2019)

   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 30 days of the mailing of the village's written notice of denial to the address accompanying the application/request hereunder. All appeals shall follow the procedures outlined in this zoning code and the Ohio Revised Code.

(Ord. O-2019-24, passed 9-9-2019)

   It is not the intent of this subchapter to legislate with respect to matters of obscenity. These matters are regulated and preempted by state law.

(Ord. O-2019-24, passed 9-9-2019)

   It is not the intent of this subchapter to legislate, limit or conflict with respect to matters of licensed massage establishments which are regulated by state agency and by state law.

(Ord. O-2019-24, passed 9-9-2019)

   A violation of any provision of this subchapter shall be deemed a violation of this zoning code and subject the violator to enforcement and penalty set forth in §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)