Zoneomics Logo
search icon

White River Township
City Zoning Code

ARTICLE 23

SEXUALLY ORIENTED BUSINESS STANDARDS1


Footnotes:
--- (1) ---

Note— The purpose of this section is to control certain land uses that have a direct and detrimental effect on the character of the county's community.


1.- INTENT

It is not the intent of the county to prohibit adult uses or sexually oriented businesses or establishments from having an opportunity to locate in the county. It also is not the intent of the county to regulate these businesses on the basis of content, but only on the basis of likely adverse secondary effects.

2. - CONDITIONS

A.

No adult use principal or sexually oriented business may be open to the public between the hours of 10:00 p.m. and 8:00 a.m.

3. - CONDITIONS, ADULT USE PRINCIPAL

A.

The county prohibits any building owner or operator from having more than one of the following uses, tenants, or activities in the same building or structure: adult body painting studio, adult bookstore, adult cabaret, adult car wash, adult companionship establishment, adult entertainment facility, adult hotel or motel, adult modeling studio, adult sauna/steam room/bathhouse, adult motion picture theater, adult mini-motion picture theater, adult massage parlor, adult health/sports club, adult novelty business, or any business or establishment in which there is an emphasis on the presentation, display, depiction, or description of sexual activities or anatomical areas that the public could see.

B.

An adult use principal and sexually oriented business shall not sell or dispense nonintoxicating or intoxicating liquors, nor shall it be located in a building that contains a business that sells or dispenses nonintoxicating or intoxicating liquors.

C.

No adult use principal and sexually oriented business entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment that is prohibited by any ordinance of the county or the laws of the state or United States of America. Nothing in this section shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes or ordinances including, but not limited to, statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally or the exhibition, sale, or distribution of specified materials to minors.

D.

No adult use principal or sexually oriented businesses shall be conducted in any manner that permits the perception or observation from any property not approved as an adult use of any materials depicting, describing, or related to specified sexual activities or specified anatomical areas by any visual or auditory media, including display, decoration, sign, show window, sound transmission, or other means.

E.

All adult use principal and sexually oriented businesses shall prominently display a sign at the entrance and located within two feet of the door opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. Persons under age 18 years of age shall not enter."

F.

No person under the age of 18 shall be permitted on or in the premises of an adult use or sexually oriented business establishment. No person under the age of 18 shall be permitted access to material displayed, offered for sale, given, transferred, conveyed, or rented by an adult use or sexually oriented business.

4. - ADDITIONAL SIGN RESTRICTIONS

The following sign regulations shall apply to all adult use and sexually oriented businesses in the county. These regulations are to protect children from exposure to sexually oriented or shocking signs and materials and to preserve the value of property near adult use and sexually oriented businesses. These regulations are aside from any other provision of this ordinance:

A.

No signs shall be located on the roof or contain any flashing lights, moving elements, or electronically or mechanically changing messages.

B.

The county's sign regulations for the zoning district where the business is located shall regulate the amount of allowable sign area and the number of allowed signs for an adult use or sexually oriented business.

C.

No merchandise photos or pictures, silhouettes, photographs, or drawings of the products, content of the products, or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the adult use or sexually oriented business is located.

D.

No signs shall be placed in any window. A two square foot sign may be placed on the door to state hours of operation and admittance to adults only.

E.

No sign shall display an exterior sign or interior sign visible from outside larger than 25 square feet.

F.

An adult use principal or sexually oriented business shall prominently display a sign at the entrance and located within two feet of the door, in letters that are at least one inch high but not more than three inches high that states: "This business sells or displays material containing adult themes. Persons under the age of 18 shall not enter."

G.

Similarly, businesses that contain a section devoted to adult books, materials, or entertainment shall prominently display a sign within two feet of the entrance to that section, in letters that are at least one-inch-high stating: "This section (or department) contains adult books, materials, or entertainment. Persons under the age of 18 shall not enter."

H.

Maximum sign height shall be 12 feet.

I.

Only one sign is permitted in addition to the sign limiting access to those over 18.

J.

No sign shall depict, describe in words, or relate to specific sexual activities or specified anatomical areas.

K.

All signs shall be flat wall signs. No sign shall be freestanding, located on the roof, illuminated, containing moving elements or mechanically changing messages. No sign shall contain fluorescent paint or other highly reflective materials such as, but not limited to, metallic finishes.