Perry County Unincorporated
City Zoning Code
City Zoning Code
GENERAL REGULATIONS
§ 153.050 NONCONFORMING USES.
(A) A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter.
(B) Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if the reconstruction is performed within 12 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before the casualty.
(C) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, the nonconforming use shall not be resumed.
(D) No nonconforming billboard or sign shall be modified to change the technology by adding tri-vision or changeable copy technology to a sign or board that, on October 9, 2007, had a flat face, changed by replacement of panels, posters or coverings on the sign.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-7, passed 10-9-2007)
§ 153.051 ACCESSORY USES.
(A) Accessory uses and structures such as private garages, tool sheds, barns and landscaping are permitted in all districts in conjunction with a primary use or structure provided the accessory use does not change the character of the district in which it is located.
(B) A private swimming pool may be permitted as an accessory use if it is surrounded by a wall or fence at least five feet high so as to prevent uncontrolled access by children.
(C) A mobile home may be permitted as an accessory use in the A-1 District if it is in conjunction with an existing permanent dwelling unit situated on at least one acre of land and if the mobile home is occupied by a relative or employee of the family resident in the permanent dwelling unit.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.052 TEMPORARY USES.
Temporary uses and structures used in conjunction with construction work, seasonal sales or emergencies may be permitted by the Board of Zoning Appeals if the proposed site is acceptable and neighboring uses are not adversely affected. They shall be removed promptly when their function has been fulfilled. Permits for temporary structures may be issued for a period not to exceed six months.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.053 PLANNED UNIT RESIDENTIAL BUSINESS AND INDUSTRIAL PROJECTS.
(A) The district regulations of this chapter may be modified by the Board of Zoning Appeals in the case of a plan utilizing an unusual concept of development which meets the requirements of this section. The planned unit projects provision is intended to encourage original and imaginative development and subdivision design which preserves the natural amenities of the site and provides for the general welfare of the county. After the unit plan is approved, all development, construction and use shall be in accordance with that plan unless a new planned unit project plan is submitted to and approved by the Board of Zoning Appeals as required by this chapter. Any development contrary to the approved unit plan shall constitute a violation of this chapter.
(B) The area of land to be developed shall not be less than five acres.
(C) Properties adjacent to the unit plan shall not be adversely affected.
(D) In planned unit residential projects, the minimum lot and yard requirements may be reduced, however, the average density of dwelling units in the total plan shall not be higher than that permitted in the district in which the plan is located.
(E) In the planned unit business and industrial projects, the minimum lot and yard requirements may be reduced, however, the total land area of the unit plan shall equal the accumulative lot area requirements of each use or structure contained within the unit plan.
(F) The unit plan shall permanently reserve land suitable for the common use of the public or the owners in a particular development. This may be accomplished by dedication, covenant or easement. This land may be for future public facilities, for recreational or scenic open space, or for a landscaped buffer zone as approved by the Plan Commission. Provisions for permanent control and maintenance of this land shall be outlined in a form acceptable to the Plan Commission, Board and Plan Commission Attorney.
(G) The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit residential project area and fully integrated into the design of the project, may be considered and multiple-family dwellings may be considered in single-family residential districts if they are so designed and sited that they do not detract from the character of the neighborhood in which they occur.
(H) The unit plan shall be consistent with the purpose of this chapter.
(I) The unit plan shall be reviewed, and recommendations made, by the Plan Commission, to determine if the proposed project is consistent with the County Comprehensive Plan and in the best interests of the county.
(J) The unit plan shall make adequate provisions for roadways, public utilities, drainage and any other matters which, in the opinion of the Board of Zoning Appeals, are necessary to ensure compliance with this chapter and an orderly development of the site.
(Ord. O-C-97-10, passed 12-22-1997) Penalty, see § 153.999
§ 153.054 OFF-STREET PARKING.
(A) Off-street parking spaces shall be provided in accordance with the specifications in this section in all districts.
(B) Parking spaces may be located on a lot other than that containing the principal use with the approval of the Board of Zoning Appeals.
(C) Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
(D) Any lighting used to illuminate any off-street parking lot shall be so arranged so as to reflect the light away from adjoining premises in any R District.
Table C - Off-Street Parking | |
Use | Parking Spaces Required |
Table C - Off-Street Parking | |
Use | Parking Spaces Required |
Bowling alleys | 5 for each alley |
Church and school | 1 per 6 seats in principal assembly room |
Hospitals and rest homes | 1 per 3 beds and 1 for each 2 employees on the maximum working shift |
Hotels and motels | 1 for each living or sleeping unit |
Industrial | 1 for each 2 employees on the maximum working shift |
Private club or lodge | 1 per 4 seats |
Professional offices; wholesale houses; and medical clinics | 1 for every 250 sq. ft. of floor space |
Recreational or assembly places; e.g., dance halls; night clubs; funeral homes | 1 for every 100 sq. ft. of floor space |
Residential | 2 per dwelling unit |
Retail businesses; eating and drinking places; and personal service establishments | 1 for every 100 sq. ft. of floor space |
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.055 OFF-STREET LOADING.
Every building which requires the receipt or distribution by vehicles of material or merchandise shall provide off-street loading berths of a size and arrangement appropriate for the types of vehicles utilizing this space. In no case will loading or unloading be permitted within public rights-of-way.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.056 MOBILE HOMES.
(A) Mobile homes, whether the wheels are attached or not, shall be permitted on single lots or in mobile home parks. When located on single lots, the district, area, yard and other requirements shall be the same as for conventional single-family dwellings. When located in mobile home parks, the parks shall be designed to meet the requirements set forth in the Mobile Home Parks Act of 1955, as amended; the State Board of Health Regulations, as amended; and the requirements of this section.
(B) The minimum area of a mobile home park shall be five acres.
(C) Each mobile home site within the mobile home park shall have a minimum area of 3,600 square feet.
(D) Each mobile home site shall have a minimum width of 40 feet.
(E) Not less than 10% of the gross area of the mobile home park shall be improved for recreational activities for the residents of the park.
(F) The mobile home park shall be appropriately landscaped and screened from adjacent properties.
(G) The mobile home park shall meet all applicable requirements of § 153.053.
(H) Coin-operated laundries, laundry and dry-cleaning pick-up stations and other commercial convenience establishments may be permitted in mobile home parks provided:
(1) They are subordinate to the residential character of the park;
(2) They are located, designed and intended to serve only the needs of persons living in the park;
(3) The establishments and the parking areas related to their use shall not occupy more than 10% of the total area of the park; and
(4) The establishments shall present no visible evidence of their commercial nature to areas outside the park.
(I) Each mobile home site shall be provided with a stand consisting of either solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.057 SIGNS.
No sign, billboard or exterior graphic display shall be permitted in any zoning district except in accordance with the provisions of this section.
(A) Purposes. The purpose of this section is to achieve balance among the following differing, and at times, competing goals:
(1) To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the county;
(2) To provide a means of way-finding in the county, thus reducing traffic congestion;
(3) To provide for adequate business identification, advertising and communication;
(4) To prohibit signs of an excessive size and number that they obscure one another to the detriment of the economic and social well-being of the county;
(5) To protect the safety and welfare of the public by minimizing hazards to pedestrian and vehicular traffic;
(6) To preserve property values by preventing unsightly and chaotic development which has a blighting influence on the county;
(7) To differentiate among those signs that, because of their location, may distract drivers on public streets and those that may provide information to them while they remain in their cars but out of active traffic;
(8) To minimize the possible adverse effects of signs on nearby public and private property; and
(9) To implement the goals and objectives of the gateways and appearance study, conducted in 2007 with assistance from Ball State University’s College of Architecture and Planning.
(B) Applicability. This section shall apply to all signs that are legible from any public right-of-way or from any lot other than the lot or premises on which the sign is located.
(C) General rules. The following rules, standards and principles shall apply to all signs located in the county.
(1) Any permitted sign shall be subject to the size and height limitations imposed by this section for the use district in which the sign is located, except as otherwise provided in this section.
(2) No sign or sign structure shall be placed upon any street or highway right-of-way except as otherwise provided in this section.
(3) No portion of a sign shall obscure visibility between a height of three feet and ten feet within an area defined by a triangle extending from a street intersection by a distance of 25 feet from the corner along the curb line of each street, with the third side of the triangle formed by connecting the other two legs of the triangle.
(4) No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form or character it may obstruct, impair, obscure, interfere with the view of, or may be confused with any authorized traffic sign, signal or device or interfere with, confuse or disrupt traffic safety or flow.
(5) No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.
(D) Signs allowed without a sign permit. The following signs shall be exempt from the sign permit requirements of this section but shall be subject to all other standards of this section:
(1) Signs installed by employees or officials of the county that do not fall under one of the broader exemptions of this section;
(2) Detached signs smaller than two square feet in area and less than four feet in height, and containing no commercial message;
(3) Wall signs smaller than two square feet in area and containing no commercial message;
(4) Window signs permitted by this section, where the signs are not illuminated or otherwise electrified;
(5) Permanent signs smaller than seven square feet and permitted in residential or agricultural districts;
(6) Any sign not legible from a public right-of-way or property other than the lot or premises on which the sign is located;
(7) Routine maintenance of any sign, not involving structural changes to the sign;
(8) Changes of message, either manually or electronically, on an electronic message sign or changeable copy sign, subject to limitations of this section on the frequency of message changes; and
(9) Changes of sign panels or letters that do not involve structural changes to the sign.
(E) Signs that are partially exempt from this section. The following signs may be erected or constructed without a sign permit, but may be subject to additional regulations under this section. Where a sign is erected pursuant to a state statute or a court order, the sign may exceed the size standards of this section or otherwise deviate from the standards set forth in this section to the extent that the statute or court order expressly required the larger size or other deviation. In all other respects, these signs shall conform to the standards of this section:
(1) Signs conforming to the Manual of Uniform Traffic Control Devices and bearing no commercial message;
(2) Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message;
(3) Signs required by a state or federal statute;
(4) Signs required by an order of a court of competent jurisdiction;
(5) Signs installed by public utilities in their rights-of-way or on their facilities and bearing no commercial message other than that message as necessary to identify the use; and
(6) Signs installed by a transit company with a franchise or other right to operate in the county, where those signs are installed along its routes and relate to schedules or other information about the transit route.
(F) Prohibited signs. The following signs are prohibited in all districts:
(1) Any sign erected or painted upon a fence, tree, standpipe, rock or other natural feature;
(2) Any sign attached to or painted on a fire escape or utility pole, except the manufacturer’s or installer’s ID plate which shall not be legible from a distance of more than three feet;
(3) Any sign which uses a word such as “Stop” or “Danger” prominently displayed and/or which is a copy or imitation of official traffic control signs except where those words are a part of an attraction title for a theater or other similar event or purpose;
(4) Signs which contain flashing or intermittent illuminations, except as required for traffic control. Changing the copy on a bulletin board, changeable copy or electronic message type sign in conformance with the provisions of division (I)(6) below shall not be considered a violation of this section;
(5) Portable signs; and
(6) Signs that produce sound or noise; cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles or odor; are animated or produce any rotation, motion or movement. A sign on which the message is changed electronically not more than one time per minute shall not be considered to be an animated sign or a sign with movement.
(G) Signs in Residential and Conservation Districts.
(1) Each occupied lot in a Residential or Conservation District shall be allowed a total of four detached signs at any time, including not more than one permanent detached sign, and not more than three temporary detached signs. Each sign shall not exceed six square feet in area and six feet in height. These signs may not be illuminated. The permanent detached sign shall not contain a commercial message, and no more than two temporary signs on a lot in a residential district at any one time may contain a commercial message. The only commercial messages permitted on those signs are messages related to commercial activity lawfully conducted on the premises, including the lawful, occasional sale of personal property (such as through a garage sale or yard sale) or the sale, rental or lease of the premises.
(2) Signs related to the sale of personal property shall be removed within 24 hours after the end of the sale. Signs related to the sale, lease or rental of the premises shall be removed no later than the date on which the deed, lease or other document representing the transaction is completed. Any such sign may contain any message other than a commercial message. If a message relates to an election or special event, the sign shall be removed within seven days following the conclusion of the election or other event.
(3) Additional detached signs, permanent or temporary, of not more than two square feet in area and four feet in height are permitted, provided that the signs contain no commercial message and are not illuminated.
(H) Signs on institutional uses. Any school, house of worship or other institutional use permitted in a Business or Industrial District shall be allowed to have the signage allowed for a business or industry in that district or the signage allowed by this section. Any institutional use permitted in a Residential or Agricultural Zoning District shall be allowed to have the signage allowed by this section. The signage allowed for institutional uses is:
(1) One detached sign, not to exceed 24- square feet in area. This may include changeable copy signs, not to exceed 30% of the sign area. These signs may be illuminated and may not be located closer than ten feet from the pavement edge or edge of a street.
(2) Each use shall also be allowed one wall sign for each public entrance to the institutional use. These wall signs shall not exceed four-square feet in area each and shall not be illuminated.
(I) Signs in Business Districts. Business signs shall be permitted as an accessory use to any lawful business, industry or other use located on the same premises, subject to the following standards.
(1) Signs may contain any message that is not a commercial message.
(2) Except for signs expressly allowed under division (I)(9) below, signs shall not contain any commercial message related to any product or service not offered or produced on the premises.
(3) Signs shall not have an aggregate surface area greater than five-square feet for each foot of building frontage of the principal structure on the premises.
(4) Signs shall not project over public rights-of-way.
(5) Signs may be illuminated internally or with direct, white light, cast downward on the sign.
(6) No detached sign shall exceed 16 feet in height) except as follows:
(a) Signs permitted under division (I)(9) below shall be subject to the height standards set forth there; and
(b) Any other detached sign otherwise conforming with this section and located on the premises of a business where at least one of the driveways or other roadway entrances to the establishment is within 750 feet of an entrance or exit ramp to an interstate highway (measured along the edge of the highway right-of-way, without regard to the width of the road), may be erected to a height that is not greater than the lower of:
1. Fifteen feet above the elevation of the centerline of the nearest lane pair on the interstate; or
2. Fifty feet in height from the ground.
(7) There shall be no more than one detached sign per premises, except that those signs allowed under this section without a permit shall not be counted in determining the number of detached signs. For purposes of this division, a PREMISES shall be considered the entire lot or parcel under one schedule of the County Tax Assessor as of September 1, 2007, or any lot created after that date through a lawful subdivision or a lawful exemption from the subdivision regulations of the county.
(8) Up to 25% of the copy area of any permitted sign larger than 50-square feet may consist of changeable copy area. Copy in this area may be changed manually or electronically, provided that any electronically changeable copy sign shall be programmed so that it does not change more than one time every minute and so that each change of message or image is a complete change with no rolling, scrolling or other moving effects.
(9) Billboards shall be allowed, subject to the following standards and conditions:
(a) Billboards shall be allowed only on sites in the B-l, I-1, I-2 or I-3 Zoning Districts;
(b) A billboard may be erected only on land located within 660 feet of the right-of-way of an interstate highway;
(c) No billboard shall be erected within 1,500 feet of any existing billboard or of the site of a billboard for which a permit has been issued; to ensure compliance with this section, any billboard application shall be accompanied by a drawing showing the precise locations of and distances to each billboard located within 2,500 feet of the proposed site, which drawing shall be signed and stamped by a licensed surveyor or professional engineer; the separation distance between billboards shall be measured in a straight line along the right-of-way line of the interstate highway, without regard to the distance of the billboard from the highway or to the width of the road;
(d) A site that is eligible for a billboard under this section shall be subject to the numerical limit on detached signs set forth in division (I)(7) above; fully aware of the redundancy, it is the intent of the Board of County Commissioners that only a sign allowed under division (I)(6) above or one allowed under this division (I)(9), but not both, shall be allowed on any one premises at any one time;
(e) A billboard shall not exceed 300 square feet in size;
(f) The height of a billboard shall not exceed the lower of:
1. Fifteen feet above the elevation of the centerline of the nearest lane pair on the interstate highway; or
2. Fifty feet from the ground;
(J) Signs in Agricultural District. In the A-1 District, signs shall be permitted if they meet the following requirements.
(1) Each operating farm or forest may have a total of five detached signs at any time, of which two may be permanent signs and the rest temporary. One sign shall not exceed 75-square feet in area, nor 16 feet in height from the ground. The additional (up to four) detached signs shall not exceed six-square feet in area and six feet in height. Only one sign may be illuminated. No more than three signs on a farm or forest in an Agricultural District at any one time may contain a commercial message. The only commercial messages permitted on these signs are messages related to commercial activity lawfully conducted on the premises, including the sale of farm products, the lawful, occasional sale of personal property (such as through a garage sale or yard sale) or the sale, rental or lease of the premises.
(2) No sign shall be located closer than 100 feet to a road intersection except for directional signs which are less than six-square feet in area.
(3) No sign shall be located in a location which would interfere with highway horizontal sight distances.
(4) No sign larger than seven-square feet shall be located closer than 500 feet to any property zoned and used for a residential purpose, school, house of worship or playground.
(5) Signs in this District may bear any message that is not a commercial message, or a commercial message related to any activity lawfully conducted on the property, including, but not limited to, the sale of agricultural products, the lease or rental of the property, or the occasional sale of personal property.
(K) Owner’s consent required. No sign shall be placed on private or public property without written consent of the owner of or agent for the property.
(L) Substitution of messages. Any sign allowed under this section or a predecessor ordinance, by sign permit, by conditional use permit or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this section.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-7, passed 10-9-2007)
§ 153.058 HOME OCCUPATIONS.
(A) A home occupation may be permitted as a special exception if it complies with the requirements of this section.
(B) The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.
(C) The home occupation shall be carried on wholly within the principal or accessory structures.
(D) Exterior displays or signs other than those permitted under § 153.057, exterior storage or materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
(E) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced.
(F) The home occupation shall not create any traffic or parking problems.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.059 LANDSCAPING.
Landscaping is to be completed on the entire premises and shall provide as a minimum requirement for safe surface water disposal, ground cover of grass, plants or artificial materials on the portion of the premises not occupied by any building, driveway or parking area, or any portion of the premises not left in its natural wooded state and not disturbed during construction, and shall be left free of junk, debris, dangerous, objectionable or noxious matter. The minimum requirements for landscaping, either grass or ground cover, shall be completed and growing within one year after completion of the improvements.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.060 CAMPGROUND.
A campground may be permitted as a special exception in any Conservation or Agricultural District, if it meets the requirements of this section. The Board of Zoning Appeals shall establish minimum area, maximum number of camp sites per acre, buffer zones between camping areas and property lines, sewage and trash disposal requirements, provisions for roadways and other criteria as the Board of Zoning Appeals believes is necessary or desirable. All campgrounds must receive approval from the State Department of Natural Resources and the State Board of Health, prior to being allowed as a special exception.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.061 MASSAGE THERAPY.
A massage therapy studio or other establishment operated or staffed by one or more massage therapist(s) certified by either the American Massage Therapy Association or the Bodywork and Massage Associated Professionals. The county shall not issue a permit, license certificate or other authorization for the establishment of a massage parlor or similar establishment unless the applicant for the permit or license has been certified by one of the national organizations named above or the applicant provides the name(s) and/or licensing information of one or more persons who are so licensed and who will provide massage therapy at the establishment. Any massage parlor shall maintain posted on its premises copies of the certifications of the massage therapists who provide services at the establishment. There shall be a rebuttable presumption that any massage parlor or similar establishment operated by a person who is not a certified massage therapist and that does not have posted on its premises one or more certifications of massage therapists who provide services there is operating in violation of this section and subject to enforcement action and penalty under this chapter.
(Ord. O-C-07-6, passed 10-9-2007) Penalty, see § 153.999
§ 153.062 MEDIA STORE WITH SEXUALLY ORIENTED MEDIA.
(A) A retail establishment which devotes more than 5% of its gross public floor area or 5% of the number of items in inventory to sexually-explicit material, but which devotes less than 30% of its gross public floor area and less than 30% of the number of items in inventory to sexually-explicit material shall be treated for zoning purposes as a book or media shop and not as a sexually oriented media shop, provided that it meets the following conditions:
(1) All sexually-explicit media shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less;
(2) Access to the room containing the sexually-explicit media shall be through an opaque, solid door;
(3) The room containing sexually-explicit media shall be posted with a notice indicating that only persons 18 years of age or older are allowed in the room; and
(4) Access to the room shall be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager’s or cashier’s work station.
(B) A business conforming with this standard shall not be considered a sexually oriented business.
(Ord. O-C-07-6, passed 10-9-2007)
§ 153.063 SEXUALLY ORIENTED BUSINESSES; ADDITIONAL LOCATION REQUIREMENTS.
(A) Purpose and intent. The purpose of this section is three-fold:
(1) To ensure that sexually oriented businesses are located so that they are separated from residential neighborhoods, where children and others are likely to be walking and should not be forced to encounter such a business in their daily activities;
(2) To ensure that sexually oriented businesses are sufficiently separated from libraries, parks, schools and houses of worship that persons visiting those places and institutions will not be forced to encounter such a business in close proximity to these places and institutions; and
(3) To ensure that sexually oriented businesses are sufficiently separated from one another that the county does not inadvertently create a “combat zone” or other area that is perceived to be dominated by those businesses or that causes the concentration of the secondary effects of those businesses in one area.
(B) Separation requirements.
(2) A sexually oriented business shall be located with a minimum separation distance between itself and other specific uses as set forth in the table below.
Table D - Sexually Oriented Businesses; Minimum Separation Distance | |
Other Use | Minimum Separation Distance (Ft.) |
Table D - Sexually Oriented Businesses; Minimum Separation Distance | |
Other Use | Minimum Separation Distance (Ft.) |
House of worship | 500 |
Other sexually oriented business | 1,000 |
Public library | 750 |
Public park, boys and girls club, YMCA or YWCA | 750 |
Residentially zoned land | 500 |
School | 750 |
(C) Measurement. Measurements for purposes of this section shall be made from the nearest property line of the use which is not a sexually oriented business to the nearest property line of the sexually oriented business. If the sexually oriented business is located in a multi-tenant building, then the distance shall be measured from the nearest property line of the use which is not a sexually oriented business to the nearest line of the leasehold or other space actually controlled or occupied by the sexually oriented business.
(D) Limitations.
(1) School. The separation requirement from a school will apply only if one or more of the following applies:
(a) The school is a public school;
(b) The school has been in operation at the same location for one year or more; or
(3) The lot or parcel at which the school is now operating is owned by the organization operating the school.
(2) House of worship. The separation requirement from a house of worship will apply only if one or more of the following applies:
(a) The house of worship has been in operation at the same location for one year or more; or
(b) The lot or parcel at which the house of worship is now operating is owned by the organization operating the house of worship.
(3) Residentially zoned land. For purposes of this section only, RESIDENTIALLY ZONED LAND shall mean land carrying a county zoning district designation beginning with an R.
(Ord. O-C-07-6, passed 10-9-2007)
§ 153.064 SEXUALLY ORIENTED CABARETS; DESIGN STANDARDS.
Any building used for the operation of a sexually oriented cabaret in the county shall meet the following design standards at all times that the cabaret is operated in the building.
(A) Stage required. The building shall include one or more stages, on which all performances shall take place. Each stage shall be in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area. The stage shall be raised at least 30 inches above the level of the floor on which customers stand or are seated.
(B) Performance area.
(1) All performances and all interactions between performers and customers shall occur in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area.
(2) No curtains, screens, shades or other devices shall be used to obscure any part of the room.
(C) Lighting. The lighting level in the area occupied by customers shall be at least five footcandles at a height of three feet off the floor.
(Ord. O-C-07-6, passed 10-9-2007)
§ 153.065 SEXUALLY ORIENTED MOTION PICTURE THEATERS AND SHOWING OF VIDEOS.
Any building used for the operation of a sexually oriented motion picture theater or to show sexually oriented videos on the premises for a fee in the county shall meet the following design standards at all times that the theater is operated in that building.
(A) Presentation area. All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 600-square feet of gross public floor area. No curtains, screens, shades or other devices shall be used to obscure any part of the room.
(B) Lighting. The lighting level in the area occupied by customers shall be at least two footcandles at floor level.
(C) Seating. Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, individual chairs, beds, loose cushions or mattresses or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the Southern Building Code and the Americans with Disabilities Act being 42 U.S.C. §§ 12101 et seq.
(Ord. O-C-07-6, passed 10-9-2007)