Oak Harbor City Zoning Code
ADULT ENTERTAINMENT
BUSINESSES
§ 153.500 PURPOSE.
It is the intent of this district to regulate entertainment businesses in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing residentially zoned areas, schools, churches, parks and playgrounds within the village.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22)
§ 153.501 PERMITTED USES.
The following uses shall be permitted in the Entertainment Business District:
Accessory building
Amusement arcade
Bar
Restaurant
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22)
§ 153.502 CONDITIONALLY PERMITTED USES.
Adult oriented sexual business.
(Ord. 09-2022, passed 12-5-22)
§ 153.503 BUILDING HEIGHT LIMIT.
No building or structure in an EB District shall be erected to a height in excess of 35 feet.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
2023 S-22
§ 153.504 REQUIRED LOT AREA AND LOT WIDTH.
The lot area shall not be less than 20,000 square feet and the lot width shall be at least 100 feet.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.505 YARDS REQUIRED.
The following yard requirements shall apply to all yards in the Entertainment Business District:
(A) Front yard - minimum setback of 50 feet from the road right-of-way line. A 15 feet deep unobstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(B) Rear yard - 40 feet.
(C) Side yards:
(1) Minimum side - 15 feet.
(2) Abutting a side street - 25 feet from road right-of-way.
(3) Abutting a residential zone - 50 foot unobstructed buffer strip suitably landscaped.
(D) Access ways:
(1) The use of marginal roads is to be encouraged throughout this district.
(2) Each lot shall have not more than two access ways to any street or highway with not less than a 45 foot separation between centerlines. The width of the access way leading to or from a highway shall be not less than 20 feet nor shall it exceed 36 feet. No access way shall be closer than 70 feet to the right-of-way side lines.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.506 PERCENTAGE OF LOT COVERAGE.
All buildings, including accessory buildings, shall not cover more than 30% of the lot.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.507 PERMITTED SIGNS.
§ 153.508 OFF-STREET PARKING AND LOADING REQUIREMENTS.
§ 153.509 SUBMISSION OF PLANS.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22)
§ 153.510 CERTIFICATE OF COMPLETION.
§ 153.511 CONDITIONS FOR THE OPERATION OF A SEXUALLY ORIENTED ADULT BUSINESS.
The following requirements establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the village. The requirements have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of the requirements to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this requirement to condone or legitimize the distribution of obscene materials.
(A) The applicant shall file in writing a report containing the following information:
(1) The address where the sexually oriented business is operated or is to be operated.
(2) The status of the applicant as an individual, partnership, or limited partnership, domestic or foreign corporation, or other entity; the full name, residence address, date of birth, and social security number of the applicant or the person applying on behalf of a partnership, corporation or other entity. If the applicant is a partnership or limited partnership, the name of the partnership; the status of the partnership as a general or limited partnership; the state or other jurisdiction under which it is organized; the address of its principal office in Ohio; its federal identification number; the name and address, date of birth, and social security number of each partner; and the status of each partner as a general or limited partner. If the applicant is a corporation, the name of the corporation; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number; the name and address of its statutory agent in Ohio; and the full name, residence address, date of birth, and social security number of each stockholder holding more than 2% of the applicant's stock. If any shareholder is a corporation or a general or limited partnership, the same information shall be included for such shareholder as is required for an applicant that is a corporation or general or limited partnership.
(3) The application must contain the address where the sexually oriented business is to be located and shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(4) Applicants for a permit shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the village, shall be grounds for revocation or non-renewal of a permit.
(B) A decision of whether or not to issue a permit or license shall be made within 21 days after receipt of all the information required under this section.
(C) A permit or license issued under this section to a sexually oriented business shall expire one year after the date of issuance. An application for a renewal permit shall be filed not later than 45 days of the expiration of the permit. An application for renewal shall be acted upon within 21 days of receipt of the application. The information contained with the initial application for a permit and supplementary information required by division (A)(4) of this section shall be used to determine whether or not to renew a permit. Each permit for a sexually oriented business shall contain the name of the applicant, the address of the sexually oriented business and the expiration date of the permit.
(D) In addition, adult oriented sexual businesses shall be subject to the following requirements:
(1) Sexually oriented business uses shall be located at least 1,500 feet from any other adult entertainment uses.
(2) Sexually oriented business uses shall be located at least 500 feet from any boundary of any residence or boundary of any residential district.
(3) Sexually oriented business uses shall be located at least 1,000 feet from any church, child daycare center, library, public or private school, park, playground, social service facility, or neighborhood center.
(4) Sexually oriented business uses shall be located at least 500 feet from any boundary of any residential district in an abutting local unit of government.
(5) Adult entertainment uses shall be located at least 200 feet from a bar, tavern, or other business serving or selling liquor, beer, wine, or other alcoholic beverages.
(Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999