Village of Boston Heights OH, Planning and Zoning Code
CHAPTER 1162
Sexually Oriented Businesses
CROSS REFERENCES
Obscenity and sex offenses - see GEN. OFF. Ch. 533
1162.01 PURPOSE AND INTENT.
It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Village. The provisions of this section have neither the purpose of effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access to the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. 19-1998. Passed 6-10-98.)
1162.02 DEFINITIONS.
(a) "Adult arcade" means any place to which the public is permitted or invited where either or both; motion picture machines, projectors, video or laser disc players, or other video image producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(b) "Adult bookstore, adult novelty store, or adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
(c) "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity, or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
(d) "Adult motel" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slide or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of any of these sex oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(e) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, video disks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(f) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a "state of nudity" or "semi nudity" or live performances which are characterized by the depiction or description of "specified anatomical areas", "specified sexual activities", or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(g) "Nude model studio" means any place where a person who appears in a "state of nudity" or "semi nudity" or who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(h) "Nudity, state of nudity, or nude" means the exposing to view of the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, pubic hair with less than a fully opaque covering, exposing to view any portion of the areola of the female breast with less than a fully opaque covering, exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering, or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(i) "Semi nudity, state of semi nudity, or semi nude" means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(j) "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(k) "Specified anatomical areas" means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(l) "Specified sexual activities" means:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sexual acts, normal or perverse, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.
(Ord. 10-1998. Passed 6-10-98.)
1162.03 SEXUALLY ORIENTED BUSINESS LOCATION AND USES.
(a) A sexually oriented business may be located in accordance with the following restrictions:
(1) A sexually oriented business may only be located in the Retail Business District. (Ord. 22-2005. Passed 9-14-05.).
(2) No such business shall be located on any lot within 1,000 feet of any residentially-zoned district.
(3) No such business shall be located on any lot within 1,000 feet of any public library, private or public elementary or secondary school, public park or place of worship, and
(4) No such businesses shall be located on any lot within 1,000 feet of another sexually oriented business.
(b) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship or public or private elementary of secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(c) For the purpose of subsection (a), the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(d) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a place of worship, public or private elementary of secondary school, public park, residential district, residential lot or library within 1,000 feet of the sexually oriented business.
(e) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this chapter, any other provisions of the Codified Ordinances, or State statute or regulation. Nothing in this chapter shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value. (Ord. 10-1998. Passed 6-10-98.)