(1)    The findings contained in these cases, studies, and legislative record are hereby found to reasonably apply to the City for all of the reasons including, but not necessarily limited to, those contained in the “Report to the Mentor Municipal Planning Commission Concerning Sexually Oriented Businesses” entered into its record at its public hearing/meeting held on 04/17/08; as reflected in the minutes of the Planning Commission’s 04/17/08 public meeting; and as reflected in the June 3, 2008 minutes of this Council’s public hearing/meeting(s) concerning Ordinance No.08-O-52.

      (2)    Sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons and employees of the businesses as well as the citizens of Mentor.

      (3)    The Council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution, and sexual liaisons of a casual nature.

      (4)    Concern over sexually transmitted diseases is a legitimate health concern of the City that demands reasonable regulation of sexually oriented businesses by the City in the specified manner in order to protect the health and well-being of its citizens.

      (5)    Minimal regulations enacted by the City are a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

      (6)    There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.

      (7)    The Council desires to minimize and control these adverse effects by regulating sexually oriented businesses in the specified manner. And by minimizing and controlling these adverse effects, the Council seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

      (8)    The Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of this City and that expanded regulation of sexually oriented businesses is necessary.

      (9)    It is not the intent of the Council in enacting this Chapter to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral laws that address the secondary effects of sexually oriented businesses.

      (10)    It is not the intent of the Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.

         (Ord. 08-0-52. Passed 6-3-08.)

      (1)    The procedures established in Sections 1135.02 and 1135.03 shall apply for purposes of making application for a conditional use permit for a sexually oriented business.

      (2)    Notwithstanding any provisions of Section 1135.04 to the contrary, the Planning Commission shall issue a conditional use permit for a sexually oriented business pursuant to Section 1135.04(a)(6) if the sexually oriented business will be in compliance with all of the requirements of this Chapter.

      (3)    Public hearing on the application for a conditional use permit shall be conducted by the Planning Commission at its next regularly scheduled meeting, provided however that the application both complies with the requirements of Section 1135.02 and has been filed in advance of the promulgated deadline for inclusion on the Commission’s next regular meeting agenda. The Planning Commission shall act so as to approve or deny the application at that meeting and may not table the application unless such a request is made by the applicant. The failure of the Planning Commission to so act on the application shall be deemed acceptance of the application and a conditional use permit shall issue forthwith to the applicant. The Planning Commission shall confine its inquiry and deliberations concerning the issuance of conditional use permit solely to whether the proposal meets the requirements set forth in this Chapter.

      (4)    Notwithstanding the later adoption of the minutes of the Planning Commission’s meeting, its decision concerning the issuance of a conditional use permit for a sexually oriented business shall be immediately appealable pursuant to Section 2506.05, et seq., of the Revised Code.

      (1)    A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;

      (2)    A public or private educational facility including but not necessarily limited to nursery schools, child day care centers, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, athletic training schools, junior colleges, colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose;

      (3)    A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, wilderness areas, or similar public land within the City which is under the control, operation, or management of either the City park and recreation authorities or which is controlled, operated or managed by any such like county, state, or federal agencies.

      (1)    A boundary of a residential district as defined in the Zoning Code and depicted on the official Zoning Maps;

      (2)    A structure that constitutes a lawful non-conforming residential use as defined in the Zoning Code.