Every building shall be located on a lot. There shall be not more than one principal building on one lot containing the principal use for that lot, except as provided below:

   (A)   There may be more than one principal building on a lot in the Planned Development District and the Public and Institution District with approval from the Planning Commission.

   (B)   There may be more than one principal use building in a Business or Industrial District, provided that the required yard setbacks are provided around the group of buildings with approval from the Planning Commission.

   (C)   There may be more than one principal building on a lot for multi-family, hotel or motel purposes if the required yard setbacks are maintained around the group of buildings and the buildings are separated by a horizontal distance that is at least equal to the height of the highest building with approval from the Planning Commission.

(Ord. 2003-51, passed 5-20-03)

   Panhandle lots are permitted only in those residential areas where the frontage is a minimum of 25 feet in width, such width to continue to the main portion of the lot and in no case, to become less than 25 feet. A minimum frontage of 20 feet may be permitted for each panhandle when three or more panhandles are adjacent to each other and share a single driveway on the center panhandle. For such lots to qualify, they shall meet all the residential requirements of this zoning code, in addition to the corridor leading from the street frontage to the main portion of the lot.

(Ord. 2003-51, passed 5-20-03)

   (A)   On lots fronting on two non-intersecting streets, a front yard shall be provided on both streets.

   (B)   Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

(Ord. 2003-51, passed 5-20-03)

   (A)   Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projects of chimneys and flues into a rear or side yard for a distance of not more than four feet when so placed as to not obstruct light and ventilation, may be permitted by the Zoning Administrator or authorized representative.

   (B)   In a Residential District, on a corner lot, no fence structure, planting or foliage shall be maintained within 20 feet of any corner so as to interfere with traffic visibility across the corner.

(Ord. 2003-51, passed 5-20-03)

   The Zoning Administrator or authorized representative, shall keep careful and comprehensive records of applications, permits issued, inspections made, reports rendered and notices or orders issued. He or she shall retain, on file copies of all papers in connection with zoning and building work so long as any part of the building or structure to which they relate is in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Zoning Administrator.

(Ord. 2003-51, passed 5-20-03)

   Home occupations shall be subject to the following conditions in addition to use regulations in various districts:

   (A)   Said home occupation shall be clearly incidental and subordinate to the use of the property for residential purposes.

   (B)   Not more than the equivalent of 25% of the gross floor area of the dwelling shall be for a home occupational use.

   (C)   The external appearance of the structure in which the use is conducted shall not be altered. Furthermore, no external alteration, construction or reconstruction of premises to accommodate the use shall be permitted.

   (D)   One unlighted sign of not more than one square foot in area, attached flat against the building, shall be permitted.

   (E)   No commodity shall be sold upon the premises except that which is prepared on the premises. No display of the products shall be visible from the street.

   (F)   There shall be no outside storage of any kind related to the home occupational use.

   (G)   No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.

   (H)   No equipment, process, materials or chemicals shall be used which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances than normally expected from a legally permitted residential use.

   (I)   Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.

(Ord. 2003-51, passed 5-20-03)

   In any district on any corner lot, no opaque fence, structure or planting higher than three feet, shall be erected or maintained within a triangle 20 feet from the intersection of the right-of-way lines which may interfere with traffic visibility across the corner.

(Ord. 2003-51, passed 5-20-03)

   Fences, walls, and hedges are permitted in all districts, subject to the following conditions:

   (A)   Location.

      (1)   Hedges may be permitted in the required front yard provided that the hedge coverage shall not exceed 30% of the total lot frontage.

      (2)   Fences are permitted on those parts of lots that are at least as far back from the street as the front line of the principal building (excluding porches). On residential property where no structure exists, no fence, wall or hedge may project past the front building line of the average of the adjacent properties or the minimum front yard setback, whichever is greater. No fences are permitted in any front yard in any district except Residential C, where decorative or ornamental fences are permitted subject to design review, and in industrial districts and overlay districts subject to design review.

      (3)   No fence, wall, or hedge shall be closer than the right-of-way line.

      (4)   No fence shall be located directly on any property line.

   (B)   Height.

      (1)   Perimeter fences, walls, and hedges shall not exceed four feet in height for residential uses in side or rear yards for residential uses.

      (2)   Perimeter fences, walls, and hedges shall not exceed four feet in height for residential uses.

      (3)   The Zoning Administrator or Chief Building Official may, on a case by case basis, permit a screening fence of not more than 12 linear feet and not more than six feet in height.

   (C)   Materials.

      (1)   Fences shall not contain an electric charge.

      (2)   Barbed wire shall only be permitted in the Light Industrial District and then, only on the top of a perimeter fence.

      (3)   The finished side of the fence or wall shall face the adjacent property.

      (4)   Chainlink fencing shall only be permitted in the side and rear yards in residential districts.

   (D)   Site distance requirements. No fence, wall, or hedge shall violate the sight distance requirements found in § 1282.07.

   (E)   Maintenance. Both the fence and the property surrounding both sides of the fence shall be properly maintained at all times.

   (F)   Zoning certificate. A zoning certificate is required from the city for the erection or installation of all fences and walls.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   Satellite dishes, when permitted as an accessory use, are subject to the following conditions:

   (A)   Exemptions, Digital satellite dishes (DSS) shall be permitted to be placed on any dwelling or building in any district. However, the satellite dish shall be placed in the most inconspicuous place, that permits reception, on the property.

   (B)   Location.

      (1)   Satellite dishes may be erected or installed on the ground of any property; provided that in the Business, Industrial, and Public and Institutional Districts, roof mounting shall also be permitted.

      (2)   Ground mounted satellite dishes shall be set back a minimum equal to the measurement of its height. However, in no case, shall the ground mounted satellite dish be located closer than three feet to the property line.

      (3)   Satellite dishes shall be prohibited in the front and side yards of the property on which it is located.

   (C)   Height and size.

      (1)   The maximum height of any ground- mounted earth satellite station/satellite dish shall not exceed 15 feet above the finished grade of the dish and its diameter shall not exceed 12 feet.

      (2)   The maximum height of any roof- mounted earth satellite station/satellite dish shall not exceed the roof height it is mounted on by more than four feet and its diameter shall not exceed three feet.

   (D)   Landscaping and maintenance.

      (1)   The satellite dish apparatus, where mounted to the ground, shall be screened with shrubbery and/or landscaped if viewed from the public right-of-way.

      (2)   The satellite dish apparatus, landscaping and shrubbery shall be properly maintained to prevent both unsightly and unsafe conditions.

   (E)   Permit. No person, firm or corporation shall undertake the construction, erection or installation of any satellite dish without a building permit and zoning permit issued in accordance with the provisions of this code. In addition to the requirements of this code, the application for such permit shall include the following:

      (1)   A description of the type of satellite dish proposed;

      (2)   A plot plan of the lot, premises, or parcel of land showing the location of the proposed satellite dish and all other buildings thereon;

      (3)   Plans depicting the specifications and elevations of the proposed location, to include satisfactory screening and landscaping for ground-mounted structures; and

      (4)   Details of the method of assembly and construction of the proposed satellite dish.

(Ord. 2003-51, passed 5-20-03)

   The following accessory uses are not permitted in the Residential, Public and Institutional, or Business Districts within the city:

   (A)   The outdoor storage of:

      (1)   Trucks over 7,500 lbs. gross vehicle weight and eight feet in height;

      (2)   Busses;

      (3)   Mobile homes; and

      (4)   Semi-tractor and/or trailers.

   (B)   Unenclosed outdoor storage, such as but not limited to: junk, lumber, building materials, parking of inoperative or unlicenced motor vehicles or similar items of property, shall not be permitted in any district unless specifically permitted by the specific zoning district regulations.

   (C)   Storage or any other use of a trailer or non- permanent structure shall not be permitted in any district unless expressly permitted by the Planning Commission.

(Ord. 2003-51, passed 5-20-03)

   (A)   No canopy shall be located any closer than five feet from the public right-of-way.

   (B)   All driveways, platforms, and curbs of the service stations, whether located on a municipal street, county road, or state highway, shall be designed in accordance with the latest standards, or revision thereof, of the Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio adopted by the Ohio Department of Transportation.

(Ord. 2003-51, passed 5-20-03)

   The following regulations shall apply to outdoor bulk storage or displays:

   (A)   The outdoor storage or display of bulk goods including seasonal items such as firewood and mulch shall be controlled by the following regulations:

      (1)   The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.

      (2)   The outdoor storage or display of merchandise, inventory or materials shall not be located in any required yard area within the lot nor shall it be visible from the public right-of-way.

      (3)   The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.

      (4)   Outdoor storage areas shall be required to be fully screened with an opaque fence or wall not to exceed eight feet in height. Such fence shall be constructed out of a material that is similar in nature to the principal structure on the lot.

      (5)   All permitted outdoor display and storage shall be maintained in an neat and orderly fashion.

      (6)   Only a sample of materials, to properly identify the materials for sale on the premises, shall be permitted as part of the outdoor display.

   (B)   Outdoor storage or display locations shall be approved by the Zoning Administrator upon the application of the record owner of the property.

   (C)   Applications for outdoor storage or display areas shall be on a form provided by the Zoning Administrator and shall be submitted with a site plan depicting the location of the said storage or display areas with supporting documentation indicating the impact of the storage or display area on the property as a whole. The Zoning Administrator may request the specific review and approval of the Planning Commission of any application. The review and approval of the Planning Commission may also be requested by any applicant whose application has been rejected or modified by the Zoning Administrator, which request must be made in writing and must be made within ten days of such rejection or modification.

(Ord. 2003-51, passed 5-20-03)

   An additional dwelling on a lot may be permitted on lots used for single family residential purposes subject to the following conditions:

   (A)   The secondary dwelling unit shall be a conditional use and shall be renewed annually.

   (B)   A secondary dwelling unit may be permitted in the rear, side or front yard of a permitted dwelling if it conforms and is pursuant to conditional use procedures set forth in § 1244.11.

   (C)   There must be provided for any such dwellings, an unoccupied and unobstructed accessway of not less than eight feet wide, to a public street for the rear dwelling unit.

   (D)   The secondary family dwelling unit shall be occupied only by members of the family occupying the primary dwelling on the lot.

   (E)   The secondary family dwelling unit shall not exceed 50% of the footprint of the principal dwelling.

(Ord. 2003-51, passed 5-20-03)

   (A)   Purpose, definition, and effect.

      (1)   Purpose. It is the purpose of the regulations in this section to:

         (a)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while restoring the location and number in the city;

         (b)   Minimize adverse visual effects of communication towers and support structures through proper siting, design, and screening;

         (c)   Avoid potential damage to adjacent properties from communications towers and support structure failure; and

         (d)   Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.

      (2)   Definitions. As used in this section, the following terms shall have the meanings indicated:

         (a)   ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

         (b)   ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through the sending, relaying, and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whips.

         (c)   CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of cellular equipment and services.

         (d)   CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to, but not necessary for, the proper functioning of the cellular or wireless communications antenna or tower.

         (e)   CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the allegation sought to be established.

         (f)   CO-LOCATION. The process of providing space for more than one user on a tower of facility.

         (g)   HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

         (h)   PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicenced wireless services, and common carrier wireless exchange access services, including cellular services.

upplemental Regulations

         (i)   TALL STRUCTURES. Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.

         (j)   TOWER. Any freestanding structure that is designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission to towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.

         (k)   WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes, etc. which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Telecommunications Act of 1996.

         (l)   WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES. Any cables, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES shall not include:

            1.   Any satellite earth station antenna two meters in diameter or less which are located in an area zoned industrial or which is granted approval as a conditional use.

            2.   Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

            3.   Antennas used by amateur radio operators are excluded from this definition.

      (3)   Effect on other zoning regulations. The provisions of any other zoning regulation of the codified ordinances notwithstanding, the provisions of this section shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulations, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.

   (B)   General requirements.

      (1)   Wireless and cellular tele- communications towers and facilities are either permitted uses or conditional uses in a variety of zoning districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design, and construction, and reduction of the need for new towers.

      (2)   Registration of wireless and cellular telecommunications towers and facilities is needed as required in § 1282.13(C).

      (3)   Shared usage of towers and transmission facilities is encouraged and towers should be designed to accommodate such uses, including governmental telecommunication needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.

      (4)   The applicant must co-locate its facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to served stating their siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the city shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors, as the city deems appropriate.

      (5)   Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations shall be met and requirements presented to the city prior to facility approval.

      (6)   The owner of any tower or facility shall indemnify and hold the city harmless against any and all claims, demands, suits, causes of action or judgement due to any injury, including death, damage caused by the operation or construction of the tower or facility.

      (7)   The owner of any tower or facility shall maintain public liability and property damage insurance that protects the owner of any tower or facility and the city, naming the city as an additional insured, as well as the city's officers and agents and employees. The insurance shall provide coverage at all times of not less than $1,000,000 for personal injury to each person and $1,000,000 for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than $5,000,000 covering all claims plus costs and defense. The policy shall provide that the insurance shall not be canceled or materially altered without 30 days written notice first being given to the city. If the insurance is cancelled or materially altered, the owner of any tower or facility shall provide a new policy with the same terms. The owner of any tower or facility agrees to maintain continuous, uninterrupted coverage in the amounts required for the duration of the tower. The owner of any tower or facility shall maintain on file with the City Treasurer a certificate of such insurance.

   (C)   Registration of wireless and cellular telecommunications facilities, carriers, and providers.

      (1)   Registration is required by all telecommunication tower owners and carriers and providers that offer or provide any telecommunications services for a fee directly to the public from wireless and cellular telecommunications facilities within the city. The registration forms to be provided to the city are available from the Zoning Administrator. A fee of $100 shall be charged for the registration.

      (2)   Each owner shall inform the city within 60 days of any change of the information set forth on the registration form.

      (3)   Wireless telecommunication towers and facilities registration must be renewed on a biennial basis, at the beginning of each even-numbered year. The registration must be accompanied by the $100 fee. The telecommunication tower or facility owner/ operator must submit the registration to the Planning Department of the city by February 1 of the applicable year.

   (D)   Wireless and cellular telecommunication towers and facilities structural requirements. No wireless and cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable OBBC and IEA/TIA 222 standards and be designed by a professional engineer qualified in electrical/structural design. A building permit will only be issued when these requirements are met to the satisfaction of the Building Superintendent.

   (E)   Zoning districts and locations where wireless and cellular telecommunication towers and facilities are permitted.

      (1)   Principally permitted. Towers and facilities are principally permitted in the Public and Institutional District and Heavy Industrial District subject to the provisions of division (I) of this section.

      (2)   Conditional uses. Towers and facilities not to exceed a total of 200' in height shall be permitted as a conditional use when expressly authorized by the Planning Commission and subject to the provisions of division (I) of this section.

      (3)   Administrative approval by Zoning Administrator. Wireless and cellular tele-communication facilities of a height not to exceed the lesser of 25 feet or 25% of height of structure, shall be permitted in zoning districts Business C and Business D subject to division (J) of this section.

      (4)   Tower and facilities located on publicly owned property subject to division (K) of this section.

      (5)   Wireless and cellular tele- communications towers and facilities are permitted to locate with existing electrical transmission towers in all zoning districts subject to division (L) of this section.

   (F)   Application procedure.

      (1)   Any person or company intending to apply for the placement or operation of cellular or wireless communications tower or facilities within the city shall first schedule a pre-application conference with the Zoning Administrator. At the conference, the perspective applicant must present to the Zoning Administrator any proposed locations for siting of towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.

      (2)   The purpose of the pre-application conference will be to, generally, evaluate the impact on adjacent areas and neighborhoods, discuss co-location, identify suitable sites that minimize any negative impact on surrounding areas.

      (3)   Upon the completion of the pre- application conference, an application may be files with the Zoning Administrator. The applicant must comply with the requirements of this chapter.

      (4)   A $250 application fee will be charged for each new cellular or wireless telecommunication tower or facility, including co-location equipment on existing towers. This fee shall be in addition to any applicable building permit fee.

   (G)   Application requirements.

      (1)   The location of all existing facilities and towers owned or used by the applicant within the city and outside the city limits within a quarter mile radius. Provide the following information for each existing facility.

         (a)   Type and size of the tower and facilities at each location.

         (b)   The type and accessory equipment and/or building located at each site.

         (c)   The ground network and associated land lines utilized by each tower.

      (2)   The general location of planned future towers and facilities.

      (3)   For each specific tower location shown on the plan, there must be a schedule showing:

         (a)   Type and size of the tower facility at each location.

         (b)   The type of accessory equipment located or proposed on each tower.

         (c)   Type, size, and location of any support structure to be used by the tower for which the application is being submitted.

         (d)   The ground network and associated land lines, if any, utilized by each site.

         (e)   A site plan showing the parcel on which any existing tower is located.

         (f)   Detailed drawing of screening plan and related design standards.

      (4)   Copies of all certified mail announcements to all other owners of towers and tall structures must be attached to the application. See division (B) of this section.

      (5)   Notification from the FAA and local airport describing any requirements to be set forth on the tower and its location.

   (H)   Existing wireless and cellular telecommunication towers and facilities.

      (1)   Existing wireless and cellular telecommunication towers and facilities which do not comply with the conditions of this section at the time of its adoption shall be classified as non-conforming. The owner and/or operator must, however, comply with any registration requirements set forth in this section. Further co-location of facilities on existing towers and changes to the towers or facilities must comply with requirements of this section, except as provided in division (2) below.

      (2)   To encourage co-location on existing towers, the height of non-conforming towers may be increased to 200 feet.

   (I)   Designing standards for wireless and cellular telecommunications towers and facilities.

      (1)   All telecommunication towers, support structures, and associated facilities shall be enclosed with a six foot high, solid fence or barrier and a continuous evergreen hedge, a minimum of 30 inches in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.

      (2)   Proof shall be provided by the applicant in a form satisfactory to the Planning Director that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including, but not limited to, the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission or the successors to their respective functions.

      (3)   Lights, beacons, or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirements must be presented to the Planning Director prior to city approval of the facility. Furthermore, telecommunication towers are discouraged from locating in areas which would require special painting or lighting by the FAA regulations.

      (4)   Setback requirements. Towers shall be located no closer than 500 feet from a residential zoning district line, and no closer than 250 feet to a public street right-of-way, and no closer to any property lines than 25% of the height of the proposed tower.

      (5)   The minimum size of a parcel on which a tower is located shall be two acres and no more than one tower may be located on a parcel. Parcel means a separate tract of land as determined by the Hamilton County Auditor's Office.

      (6)   No advertisement of any kind shall be installed on telecommunication towers and/or facilities.

      (7)   The towers shall be painted a non- contrasting gray or similar color, minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a conditional use, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers shall be maintained in accordance with Chapter 1426 and 1428 of the Reading Codified Ordinances.

      (8)   Towers erected in public and institutional, heavy industrial, and light industrial zones shall be 200 feet or less in height.

   (J)   Designing standards for wireless and cellular telecommunications facilities as attachments to existing structures. Telecommunication facilities on existing structures are permitted in all districts as specified in division (E) of this section, subject to the following standards:

      (1)   Existing tall structures include water towers, smoke stacks, buildings, lighting standards, or other structures.

      (2)   Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.

      (3)   The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet or 25% of the height of the structure on which it is located. If located on a building, such facilities must be set back from the edge of the building a distance equal to the height of the facility. Any facility which will not extend more than ten feet above the height of the building and flush-mounted panel antennae are exempt from the setback requirements in this division.

   (K)   Standards for wireless and cellular towers and facilities on publicly owned property.

      (1)   Towers and facilities may be permitted on any city owned property subject to the following:

         (a)   The property must be leased from the city at its sole discretion.

         (b)   The maximum height and design of any tower and/or facility on city property shall be determined by City Council.

         (c)   All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this division, except for the setback requirements in division (I) of this section.

      (2)   Towers and facilities may be permitted on any city school owned property subject to the following:

         (a)   Planning Commission approval of a conditional use for the tower or facility located on property located in any residential district.

         (b)   Reading School Board approval is required.

         (c)   The maximum height of any tower and/or facility shall not exceed 200 feet in height.

         (d)   All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this section except for setback requirements in division (I)(4) of this section.

      (3)   Towers and facilities may be permitted on any other publicly owned property subject to the following:

         (a)   A conditional use must be approved by the Planning Commission for any publicly owned property located in a district in which towers and/or facilities are not a principally permitted use.

         (b)   The maximum height of any tower and/or facility shall not exceed 200 feet in height.

         (c)   All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this section except for setback requirements in division (D) of this section.

   (L)   Wireless and cellular telecommunication tower and facility location with existing electrical transmission towers.

      (1)   Wireless and cellular telecommunication towers and facilities are permitted and encouraged to utilize existing electrical transmission towers which have a height of at least 120 feet.

      (2)   The height of the wireless and cellular telecommunication towers and facilities shall not exceed a total of 200 feet.

      (3)   Divisions (I)(3) and (6) of this section shall apply.

   (M)   Removal of abandoned wireless and telecommunication towers and facilities.

      (1)   All wireless and cellular telecommunication towers and facilities shall be removed within six months after they are no longer used. All owners or operators of such towers and facilities shall notify the Zoning Administrator in writing of the date upon which such towers or facilities are no longer used.

      (2)   Wireless and cellular telecommunication towers and facilities which are not removed within six months after they are no longer used are hereby declared to be a public nuisance and shall be abated by removal of such towers and/or facilities.

      (3)   The Zoning Administrator shall serve written notice on the owner or operator of the tower and/or facilities and the lessee and/or owner of the property upon which such tower and facilities are located ordering removal of the tower and/or facilities within 120 days of the receipt of the notice.

      (4)   In the event that the tower and/or facilities are not removed within 120 days after the written notice, then the Zoning Administrator is authorized and directed to abate such public nuisance by causing the removal of the tower and/or facilities at the expense of the owner or lessees of the tower, facilities, or property.

      (5)   The cost of removal of the tower and/or facilities by the Zoning Administrator shall be certified by the Hamilton County Auditor as a lien for assessment and collection against the real property upon which the tower and/or facilities were located in the sale manner as general taxes and returned to the city's general fund.

(Ord. 2003-51, passed 5-20-03)

   (A)   Purpose. The purpose of this section is to regulate sexually oriented businesses through the application of uniform zoning requirements to promote the health, safety, morals and general welfare of the citizens of Reading and establish reasonable and uniform regulations for the operation of sexually oriented businesses with the goal of reducing or eliminating the adverse secondary effects associated with sexually oriented businesses. It is not the intent of this section to limit or restrict the content of communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

   (B)   Definitions. For purposes of this section, certain terms and words are defined as follows:

      SEXUALLY ORIENTED BUSINESSES. Those businesses defined as:

      (1)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

         (a)   Book, magazine, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, computer generated images, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

         (b)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

      (2)   ADULT CABARET. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

         (a)   Persons who appear nude, semi- nude or in a state of nudity.

         (b)   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

         (c)   Film, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

      (3)   ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which 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 which advertises the availability of this sexually oriented type of material by means of permitted signage visible from the public right-of-way, or by means of any permitted off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.

      (4)   ADULT MOTION PICTURE THEATER. A commercial establishment where 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" are regularly shown for any form of consideration.

      (5)   ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which for any form of consideration regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified sexual activities" or by "specified anatomical areas."

      (6)   EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

      (7)   ESCORT. A person who, for any form of consideration agrees or offers to act as a companion, guide, or date for another person, and who agrees or offers to privately model lingerie or to privately perform a strip tease for another person or to engage in any specified sexual activity as defined herein.

      (8)   ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as defined in this section, as one of its primary business purposes for a fee, tip, or other consideration.

      (9)   ESTABLISHMENT. Includes any of the following:

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

         (b)   The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this section;

         (c)   The addition of any of the sexually oriented businesses defined in this section to any other existing sexually oriented business; or

         (d)   The relocation of any such sexually oriented business.

      (10)   LICENSED MASSAGE THERAPIST. A person who engages in the practice of therapeutic massage, who has completed a course of study from a state accredited school, and who is licensed by the State of Ohio pursuant to Ohio R.C. 4731.15.

      (11)   MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath nor by trainers for any amateur, semiprofessional or professional attempts or athletic team or school athletic program, nor by a licensed massage therapist.

      (12)   NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

      (13)   NUDITY or STATE OF NUDITY.

         (a)   The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

         (b)   A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

      (14)   OPERATOR. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

      (15)   PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that requires a license and/or permit and that is classified as a sexually oriented business.

      (16)   PERMITTEE and/or LICENSEE. A person in whose name a permit and/or license to operate any oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

      (17)   PERSON. An individual, proprietorship, partnership, corporation association or other legal entity.

      (18)   PROTECTED USES. Those uses listed below and defined as:

         (a)   PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

         (b)   PUBLIC PARK or RECREATION AREA. Public land 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, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

         (c)   RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

         (d)   RESIDENTIAL DISTRICT OR USE. A single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in this zoning code.

         (e)   SCHOOL. Any public or private educational facility including but nor limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle school, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.

         (f)   PUBLIC USE. Any use that is open to the public, regardless or whether a fee is charged for admission.

      (19)   SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

      (20)   SEXUAL ENCOUNTER ESTAB- LISHMENT. A business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one of more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include establishment where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

      (21)   SPECIFIED ANATOMICAL AREAS. As used in this division means and includes any of the following:

         (a)   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above, the top of the areolae; or

         (b)   Human male genitals in a discernible turgid state, even if completely and opaquely covered.

      (22)   SPECIFIED CRIMINAL ACTS. Crimes against children, sexual abuse, rape, gross sexual imposition and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution or tax violations in connection with a sexually oriented business.

      (23)   SPECIFIED SEXUAL ACTIVITIES. As used in this division means and includes any of the following:

         (a)   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

         (b)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

         (c)   Masturbation actual or simulated;

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

         (e)   Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1. through 4. of this definition.

      (24)   SUBSTANTIAL ENLARGEMENT OF A SEXUAL ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor area exist on February 1, 1998.

      (25)   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes and of the following:

         (a)   The sale, lease or sublease of the business;

         (b)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.

         (c)   The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of a person possessing the ownership or control.

   (C)   Establishment and classification of regulated businesses.

      (1)   Sexually oriented businesses shall be permitted in a single commercial zone and shall be subject to the restrictions of this section. Specifically, sexually oriented businesses shall only be allowed in that portion of the heavy industrial zoning district that lies within the city north of Columbia Avenue and is bounded on the east by the Millcreek as identified in Exhibit "A," attached to Ordinance No. 98-08, passed February 3, 1998. Sexually oriented businesses are prohibited in all other districts.

      (2)   Sexually oriented businesses, as defined in division (B) of this section, are classified as follows:

         (a)   Adult bookstore, adult novelty store or adult video store;

         (b)   Adult cabaret;

         (c)   Adult motel;

         (d)   Adult motion picture theater;

         (e)   Massage parlor;

         (f)   Sexual encounter establishment;

         (g)   Escort agency; or

         (h)   Nude model studio.

   (D)   Location of sexually oriented business.

      (1)   Sexually oriented businesses may locate anywhere within the commercial zone identified in division (C) of this section, provided that:

         (a)   There is an intervening visual barrier on the property between the sexually oriented business and any protected use. Such barrier shall be either an intervening building, fence, mound or other visual buffer, or combination thereof of sufficient height and density to provide a visual barrier between the sexually oriented business and any adjacent protected use; and

         (b)   No two sexually oriented businesses are located on the same lot or adjacent lots.

      (2)   The adequacy of any proposed intervening visual barrier required in division (D)(1)(a) above shall be reviewed by the Planning Commission, which shall provide notice of such a hearing in the same manner as for a variance. Upon application for approval of the intervening visual barrier, the Planning Commission shall consider, at a minimum the following factors:

         (a)   Distance that the sexually oriented business is located from the property line and occupied structures in the protected use;

         (b)   Aesthetics;

         (c)   Cost of barrier;

         (d)   Line of sight; and

         (e)   Ability and responsibility to maintain barrier.

      (3)   In no event shall the proposed intervening visual barrier be required to exceed ten feet in height from ground level of the property at time of installation on which the proposed sexually oriented business is located, although the intervening visual barrier may in fact exceed ten feet.

   (E)   Non-conforming uses.

      (1)   Any sexually oriented business lawfully operating at the time of the of the enactment of this section that is in violation of divisions (C) and (D) of this section shall be deemed a non-conforming use. A nonconforming use may continue for one year, and may be extended by the Planning Commission upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of 30 days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use.

      (2)   A sexually oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within 500 feet of the sexually oriented business. This subdivision does not apply to a business whose permit and/or license has expired or been revoked.

      (3)   Any establishment subject to the provisions of this section shall apply for a permit as provided under division (F) of this section within 30 days of the effective date of this section.

   (F)   Permit required.

      (1)   No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city. Operation of such a business without a permit is a misdemeanor.

      (2)   The Safety-Service Director, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all vocational and zoning requirements of this chapter and the building codes of the city.

      (3)   Applications must be made on a form provided by the city. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:

         (a)   If the applicant is:

            1.   An individual: the individuals legal name, aliases and proof of age over 18.

            2.   A partnership: the complete name, all partners names, and a copy of any partnership agreement.

            3.   A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law.

         (b)   The name of the sexually oriented business if different from the applicant's and any required registration documents.

         (c)   Whether the applicant or any individual listed in division (F)(3)(a) of this section has been convicted of a specified criminal act as defined under division (B) of this section within either two years for misdemeanor offenses, or five years for felony offenses or two or more misdemeanor offenses, immediately preceding the application date, and, if so, the act involved and the date and place of the conviction.

         (d)   Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.

         (e)   Whether the applicant or other listed individuals hold any other sexually oriented business permits and the named and locations of all other such businesses.

         (f)   The proposed location of the business, including a legal description of the property, street address and telephone number.

         (g)   The location and description of any intervening uses.

         (h)   The applicant's business and residential addresses and telephone numbers.

         (i)   The applicant's driver's license number, Social Security number, tax identification number and a recent photograph.

         (j)   A sketch or diagram showing the configuration and total floor space of the premises. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.

         (k)   A current certificate and straight line drawing prepared within 30 days prior to application by a registered land surveyor depicting property lines and structures and the property lines of any existing protected use within 500 feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.

         (l)   A sketch or drawing showing the location and dimensions of any existing or proposed visual barriers between the proposed business and any protected use. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.

         (m)   The application must be signed by the individual applicant and each person who has at least ten percent interest in the business. If a corporation is the applicant then each person owning at least ten percent of the corporation must sign the application.

      (4)   Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for permit suspension.

      (5)   If the Safety-Service Director or his or her designee learns that an applicant improperly completed the permit application, the Safety-Service Director or his or her designee shall promptly notify the applicant and allow ten days for correction.

      (6)   A $150 non-refundable application fee is due at the time the applicant files an application under this section.

      (7)   Prior to obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the vocational requirements of this section.

      (8)   The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.

      (9)   By filing an application under this division the applicant shall be deemed to have consented to the provisions of this section and to the investigation of the application by the Safety-Service Director and his or her designees.

      (10)   The applicant is required to provide the city with the names of all employees required to be licensed under division (P) of this section. This obligation continues even after a permit is granted or renewed.

      (11)   A sexually oriented business permit may be renewed annually upon written application, subject to the payment of a $30 renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. The fee is in addition to the payment of an annual permit fee required under division (I) of this section.

   (G)   Application investigation process. Upon receipt of an application the Safety-Service Director or his or her designee shall send photocopies of the application to all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within 20 days of the receipt of the application by the city. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city and the reason(s) for disapproval must be stated.

   (H)   Issuance of permit.

      (1)   An application shall be granted or denied within 30 days from the date of its proper filing.

      (2)   Grant of application for permit.

         (a)   An application shall be granted unless one of the criteria of division (b) below is met.

         (b)   The permit shall state on its face the name of the person or persons to whom it is granted and the address of the sexually oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so it can be read at any time.

      (3)   Denial of application for permit:

         (a)   An application may be denied for any of the following reasons:

            1.   An applicant is under 18 years of age.

            2.   An applicant or an applicant's spouse is overdue on the payment of taxes, fees, fines, or penalties assessed by the city in relation to a sexually oriented business.

            3.   An applicant is residing with a person whose permit to operate a sexually oriented business has been denied or revoked within the preceding 12 months.

            4.   An applicant has failed to provide information as requested in the applicant or has supplied false information.

            5.   The premises to be used are not in compliance with city health, fire, and/or building codes as determined by the city agency responsible for determining such compliance.

            6.   The $150 application fee has not been paid.

            7.   The proposed business does not comply with divisions (C) and (D) of this section.

            8.   To grant the application would violate a statute, ordinance or court order.

            9.   The applicant has a permit under this section which has been suspended or revoked.

            10.   The applicant has been convicted of a specified criminal act within the time limitation of division (A)(3) of this section.

            11.   An applicant knowingly has in his or her employ an employee who does not have a valid license as required in division (P) of this section.

         (b)   Applicants shall be promptly notified of an application denial and the reasons for denial.

   (I)   Annual permit fee. The annual fee for a sexually oriented business permit is $850.

   (J)   Inspector. Representatives of the city enforcement agencies County Health Department and the Fire Department shall be permitted to inspect a sexually oriented business to determine compliance with their respective departments, at any time it is occupied or open for business. The failure to allow inspection is unlawful and is a misdemeanor.

   (K)   Expiration of permit. Each permit shall expire one year from the date of issuance and may be renewed by making an application under division (F)(11) of this section at least 30 days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial has been corrected and at least 90 days have elapsed from the date the denial became final, a new permit may be granted.

   (L)   Suspension of permit. A permit to operate a sexually oriented business may be suspended until the violation causing the suspension has been corrected, provided that the period is not to exceed 30 days, if a permittee or an employee of a permittee:

      (1)   Violates or is not in compliance with this section;

      (2)   Works at the sexually oriented business while under the influence of alcohol;

      (3)   Refuses to allow an inspection of the sexually oriented business in accord with this section;

      (4)   Knowingly permits gambling on the premises of the sexually oriented business;

      (5)   Fails to correct a violation of a building, fire, health or zoning code within seven days of notification of such violation;

      (6)   Transfers the sexually oriented business permit to another in violation of this chapter; or

      (7)   Knowingly employs a person without a valid license as required in division (P) of this section.

   (M)   Revocation of permit.

      (1)   A permit to operate a sexually oriented business shall be revoked upon a determination that either a permit is to be suspended for a second time within a 12 month period or that a permittee or employee of a permittee:

         (a)   Gave false or misleading information on the permit application which enhanced the permittee's opportunity to obtain a permit;

         (b)   Knowingly allowed the possession, sale or use of a controlled substance on the premises;

         (c)   Knowingly allowed prostitution on the premises;

         (d)   Has been convicted of a "specified criminal act" for which the time period required in division (F)(3)(c) of this section has not elapsed;

         (e)   Committed a specified criminal act on the permitted premises on one or more occasions within a 12 month period while employed by the permit holder;

         (f)   Has been convicted of tax violations for taxes or fees related to a sexually oriented business;

         (g)   Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or

         (h)   Operated more than one sexually oriented business under a single roof.

      (2)   A permit shall be revoked for one year and a permittee shall not receive any other permits for any other sexually oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least 90 days have elapsed since the date the revocation became effective.

   (N)   Judicial review of permit denial, suspension or revocation. An applicant or permittee may seek review of a denial of an application denial of a renewal of an application, suspension or revocation of a permit through the Planning Commission or special review board if one is established. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administration decision in the Hamilton County Court of Common Pleas.

   (O)   Transfer of permit

      (1)   A permittee shall not operate a sexually oriented business at any place other than the address designated in the application for permit.

      (2)   A permittee shall not transfer a permit to another person unless that person:

         (a)   Obtains an amendment to the permit upon the satisfactory completion of an application; and

         (b)   Pays a transfer fee of 20% of the annual permit fee.

      (3)   A permit may not be transferred when the permittee has been notified that suspension or revocation proceedings have been or will be brought against the permittee.

      (4)   A permit shall not be transferred to another location.

      (5)   Any transfer attempted in violation of this section is void and will revoke the permit.

   (P)   Sexually oriented business employee license.

      (1)   All employees of a sexually oriented business who engage in the services tendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor as defined under this section, or a live performer or entertainer are required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25 to cover reasonable administration costs.

      (2)   On a form provided by the city the applicant shall provide his or her:

         (a)   Name, including any "stage" names or aliases;

         (b)   Age, birth date and birthplace;

         (c)   Current resident and business addresses and phone numbers;

         (d)   Height, weight, hair and eye color;

         (e)   State driver's license or identification number and Social Security number;

         (f)   Proof of minimum age of 18;

         (g)   A color photograph and fingerprints on a form provided by the Reading Police Department;

         (h)   A statement detailing the license or permit history of the applicant for the previous five years including information as to whether a permit had ever been denied, revoked or suspended, the reason for such action, the date of such action, and the jurisdiction in which such action occurred; and

         (i)   Information as to whether the applicant has been convicted of a "specified criminal act" as defined in division (B) of this section and the date, place, jurisdiction and nature of such conviction

      (3)   The application review shall be completed within ten days of filing. The employee license shall be issued unless the city finds that:

         (a)   The applicant knowingly made a false, misleading or fraudulent statement of material fact;

         (b)   The application is under 18 years of age;

         (c)   The applicant has been convicted of a "specified criminal act" within the time periods prohibited by division (F)(3)(c) of this section;

         (d)   The license is to be used in a business prohibited by this section or other local or state law;

         (e)   The applicant has had an employee license revoked within two years of the date of the current application; or

         (f)   An employee license may be renewed annually upon written application subject to the payment of a $10 renewal fee and a finding that the applicant is still in conformance with the application requirements.

   (Q)   Operation of sexually oriented business. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business:

      (1)   In any manner except as provided under this section;

      (2)   Within proximity of any protected use without an intervening use and/or visual buffer;

      (3)   In the same building as an existing sexually oriented business, or causes the substantial enlargement of any sexually oriented business without obtaining and additional permit; or

      (4)   Without a valid permit as required under division (F) of this section.

   (R)   Minors prohibited. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business and knowingly or with reasonable cause to know, permits, suffers or allows:

      (1)   A person under 18 years of age to be admitted, remain or purchase foods or services at the business premises without the specific consent of a parent or guardian; or

      (2)   A person under 18 years of age to be employed at the premises.

   (S)   Advertising and lighting regulations. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business; and

      (1)   Advertises the presentation of any activity prohibited by this section or other local or state regulation;

      (2)   Displays or exhibits the materials and performances in advertising which is visible outside the premises except for advertising showing the existence or location of a sexually oriented business;

      (3)   Allows any portion of the interior premises to be visible from outside the establishment; or

      (4)   Fails to illuminate the premise entries and off-street areas from dusk until closing with a lighting system which provides a minimum horizontal illumination of one foot-candle of light on the parking surface and walkways.

      (5)   Nothing in this section relieves the permittee from compliance with any other provision of the Codified Ordinances of Reading, Ohio.

   (T)   On-premises advertising sign. On-premises advertising signs shall be permitted as allowed for districts zoned for business uses.

   (U)   Hours of operation. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business and allows the business to remain open or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day. Any employee who engages in the above activity also commits a misdemeanor.

   (V)   Nudity prohibited. Public nudity, as defined under division (B) of this section and Ohio R.C. 2907.01(H) is prohibited in sexually oriented businesses. Any sexually oriented business which is found in violation of this division shall have its permit suspended pursuant to the provisions of division (L) of this section.

   (W)   Criminal penalties for the operation of a sexually oriented business without a valid permit. In addition to the criminal penalties found in other divisions of this section, it shall be unlawful and a person commits a misdemeanor if he or she operated or causes to be operated a sexually oriented business and knows or should know that the business does not have a sexually oriented business permit or has a permit which has expired or which has been suspended or revoked.

   (X)   Exemptions.

      (1)   It is a defense to prosecution for violation of this section that a person appearing in a state of nudity did so in a modeling class operated:

         (a)   By a college, junior college, or university supported in whole or in part by taxation;

         (b)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

         (c)   In a structure:

            1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

            2.   Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

            3.   Where no more than one nude model is permitted at a time.

      (2)   It is a defense to prosecution for violation of this section that an employee of a sexually oriented business exposed any specified anatomical area during the bona fide use of a restroom or dressing room accessible only to employees.

   (Y)   Criminal penalties and legal equitable and injunctive relief.

      (1)   In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this section shall be guilty of a misdemeanor and be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days, or both. Each violation or noncompliance shall be considered as a separate offense as will each day of continued violation or noncompliance.

      (2)   The city may take any such lawful action to prevent or remedy any violation or non-compliance including, but not limited to, an equitable action for injunctive relief or an action at law for damages.

   (Z)   Immunity from prosecution. The city , the Police Department and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this section.

(Ord. 2003-51, passed 5-20-03)