(Ord. 100-2010. Passed 11-8-10.)

   As used in this chapter:

   (a)   “Adult arcade” means any place to which the public is permitted or invited where either or both motion picture machines, projectors, video or laser disc players, or other video or 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 where the images shown and/or live entertainment presented are 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, video cassettes, digital video discs, or any other video reproductions, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or

      (2)   Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”

   (c)   “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

      (1)   Persons who appear in a “state of nudity” or “state of semi-nudity”;

      (2)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”;

      (3)   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or

      (4)   Films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

   (d)   “Adult hotel or motel” means a hotel, motel, or similar commercial establishment that:

      (1)   Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, or any other video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis upon exhibiting, depicting, describing or displaying “specified sexual activities” or “specified anatomical areas” and has a sign visible from the public right-of- way that advertises the availability of this adult type of photographic reproductions;

      (2)   Offers a sleeping room for rent for a period of time that is less than eight continuous hours; or

      (3)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than eight continuous hours.

   (e)   “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, digital video discs, video cassettes, slides, or similar photographic or video reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and that take place outside the context of some larger form of expression.

   (f)   “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly or commonly features persons who appear in a state of nudity or semi-nudity, 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 and which for each of the previously mentioned categories, take place outside the context of some larger form of expression.

   (g)   “Covering” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

   (h)   “Escort” means a person who, for any form of consideration, agrees or offers to act as a companion or date for another person and who agrees or offers to appear in a state of nudity or who agrees or offers to privately model lingerie or privately perform a striptease for another person.

   (i)   “Escort agency” means a person, business association, or other commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

   (j)   “Establishment” means and includes any of the following:

      (1)   The opening or commencement of any sexually oriented business as a new business;

      (2)   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

      (3)   The additions of any sexually oriented business to any other existing sexually oriented business; or

      (4)   The relocation of any sexually oriented business.

   (k)   “Massage parlor” means a commercial establishment where, for any form of consideration, massage, alcohol rub, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional persons licensed by the State. This definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishments where massage or similar manipulation of the human body is offered as an incidental or accessory use.

   (l)   “Nude model studio” means any place where a person who appears nude or semi-nude or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include:

      (1)   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.

      (2)   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      (3)   An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.

   (m)   “Nudity” or a “state of nudity” or “nude” means 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.

   (n)   “Person” means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

   (o)   “Semi-nudity” or “semi-nude condition” or “semi-nude” 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.

   (p)   “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 semi-nude.

   (q)   “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel or motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio, sexual encounter center, or any combination of the above-referenced businesses.

   (r)   “Specified anatomical areas” means:

      (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.

   (s)   “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; or

      (3)   Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) and (2) above.

   (t)   “Substantial enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date this adopting ordinance took effect.

(Ord. 100-2010. Passed 11-8-10.)

   Sexually oriented businesses are classified as follows:

   (a)   Adult arcades;

   (b)   Adult bookstores, adult novelty stores, or adult video stores;

   (c)   Adult cabarets;

   (d)   Adult hotel or motel;

   (e)   Adult motion picture theaters;

   (f)   Adult theaters;

   (g)   Escort agency;

   (h)   Massage parlors;

   (i)   Nude model studios;

   (j)   Sexual encounter centers; and,

   (k)   Any combination of classifications set forth in subsections (a) through (j) above.

(Ord. 100-2010. Passed 11-8-10.)

   (a)   Sexually oriented businesses are permitted in the I-1 or I-2 District, as defined by this Zoning Code, if the Planning Commission determines that the provisions in subsections (b) through (d) below, and the other applicable standards in this chapter and this Zoning Code have been satisfied.

   (b)   No sexually oriented business may be established within 1,000 feet of:

      (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 limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

      (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, pedestrian/bicycle paths, wilderness areas, or other 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 operated or managed by any other governmental agency or non-profit corporation.

      (4)   The boundary of any residential zoning districts as defined in the Zoning Code;

      (5)   The boundary of any C-REC, B-1, or B-2 zoning districts as defined in the Zoning Code;

      (6)   Any structure that constitutes a lawful non-conforming residential use as defined in the Zoning Code; and

      (7)   Of any other sexually oriented business.

   (c)   For the purpose of subsection (b) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (b) above.

   (d)   Not more than one sexually oriented business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business shall not be increased.

(Ord. 100-2010. Passed 11-8-10.)

   (a)   Review and approval procedures for a development plan for a sexually oriented business shall be in accordance with the procedures specified in Chapter 1257.

   (b)   No advertisements, pictures, displays, or other promotional materials displaying or describing sexual activities anatomical areas shall be shown or exhibited in any manner visible from any roadways or streets, any pedestrian sidewalks or walkways, or any other public or semi-public areas.

   (c)   No merchandise or pictures of the products or entertainment on the premises of a sexually oriented business shall be displayed in window areas or any area where they can be viewed from any roadways or streets, any pedestrian sidewalks or walkways, or any other public or semi-public areas.

   (d)   All building openings, entries, and windows shall be located, serviced, or covered in such a manner as to prevent viewing into the interior from any roadways or streets, any pedestrian sidewalks or walkways, or any other public or semi-public areas.

   (e)   No screens, loudspeakers, or sound equipment shall be used if they can be viewed, heard, or otherwise discerned by the public from any roadways or streets, any pedestrian sidewalks or walkways, or any other public or semi-public areas.

   (f)   No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.

(Ord. 100-2010. Passed 11-8-10.)

   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, and clauses shall not be affected.

(Ord. 100-2010. Passed 11-8-10.)