Washington Court House
City Zoning Code
City Zoning Code
ADULT ENTERTAINMENT
FACILITIES
§ 156.190 PURPOSE.
The purpose of this subchapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the city.
(Ord. 34-90, passed 12-26-90)
§ 156.191 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT FACILITY. Any establishment which is involved in one or more of the following listed categories.
(1) ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined below.
(2) ADULT MOTION PICTURE. A facility for the display of motion pictures which is regularly used or utilizes 15% or more its total viewing time for presenting material distinguished or characterized by an emphasis to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, for observation by patrons therein.
(3) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale or services of products characterized by the exposure or presentation of SPECIFIED ANATOMICAL AREAS or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
FINE ART GALLERY. Any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
SADOMASOCHISTIC SEXUAL ABUSE. Actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
SEXUALLY EXPLICIT NUDITY. The sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
VISIBLY DISPLAYED. The material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(Ord. 34-90, passed 12-26-90)
§ 156.192 EXCEPTIONS.
Nothing in this subchapter shall be construed to pertain to:
(A) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.
(B) The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(Ord. 34-90, passed 12-26-90)
§ 156.193 LOCATION.
Adult entertainment facilities are to be considered a conditional use in the B-3 (General Business) District, and are additionally subject to the following conditions:
(A) No adult entertainment facility shall be established within 1,500 feet of any residence or district where residences are a permitted use.
(B) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, when school, library, or teaching facility is attended by persons under 18 years of age.
(C) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.
(D) No adult entertainment facility shall be established within a radius of 1,500 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
(E) No adult entertainment facility shall be established within a radius of 1,500 feet of any other adult entertainment facility.
(F) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(G) All building openings, entries, windows, and the like for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
(H) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from a public or semi-public area.
(Ord. 34-90, passed 12-26-90)