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Valley View City Zoning Code

CHAPTER 1268

Adult Entertainment Businesses

1268.01 PURPOSES.

   The purposes of this chapter are to prevent crime, protect the Village's retail trade and establish regional office centers, maintain property values and, generally, to protect and preserve the quality of the Village's neighborhoods, urban life and commercial districts and not to suppress First Amendment rights of free speech.
(Ord. 95-1-6. Passed 1-3-95.)

1268.02 DEFINITIONS.

   As used in this chapter:
   (a)   "Adult entertainment business" means a business establishment or enterprise which, as one of its principal business purposes, regularly presents material or performances that have an emphasis on entertainment which shows, depicts or displays:
      (1)   Less than completely and opaquely covered human genitals, pubic region, buttocks or the female breast below a point immediately above the top of the areola; or
      (2)   Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(Ord. 98-8-1. Passed 11-10-98.)
   (b)   "Establishment" means the opening of a new business, the relocation of an existing business or the conversion of an existing business.
   (c)   "Presents" means creates, produces, directs, publishes, advertises, sells, rents, disseminates, distributes or displays.
(Ord. 95-1-6. Passed 1-3-95; Ord. 2000-9-10. Passed 11-7-00.)

1268.03 LOCATION.

   No person shall cause or permit the establishment of an adult entertainment business within 1,000 feet of any public or private school, pre-school or day-care center, or any residential zoning district, church, park or other adult entertainment business. For purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest:
   (a)   Residential district boundary line; or
   (b)   Property lines of the premises of a public or private school, pre-school or day-care center or residential zone, church, park or other adult entertainment business.
(Ord. 98-8-1. Passed 11-10-98; Ord. 2000-9-10. Passed 11-7-00.)

1268.04 SEPARABILITY.

   If any section, subsection, subparagraph or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, subparagraphs and clauses shall not be affected.
(Ord. 98-8-1. Passed 11-10-98; Ord. 2000-9-10. Passed 11-7-00.)