This chapter shall be known as "A Local Law Regulating Adult
Businesses in the Village of Medina."
The purpose of this chapter is to promote the health, safety
and general welfare of the residents of the Village of Medina, to
provide standards for the safe provision of adult businesses, and
to minimize any potential adverse effects which may result from adult
businesses by requiring the careful siting of such businesses.
For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows:
ADULT BOOKSTORE, ADULT VIDEO STORE and ADULT NOVELTY STORE
A public or private establishment having as a substantial
or significant portion of its stock-in-trade books, magazines, marital
aids or novelties, films for sale/rent or viewing on premises by use
of motion-picture devices or other coin-operated means, and other
periodicals or materials which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas; or an establishment
with a segment or section devoted to the sale, rental or display of
such material.
ADULT BUSINESS
Includes adult bookstores, adult video stores, adult novelty
stores, adult entertainment cabarets and adult mini motion-picture
theaters.
ADULT ENTERTAINMENT CABARET
A public or private establishment which permits or suffers
or allows topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers which display
or expose specific anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
A public or private establishment in an enclosed building
with a capacity of less than 50 persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual or specified anatomical
areas for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or breast below a point immediately above the top
of the areola.
B.
Human genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in the state of sexual stimulation or arousal.
B.
Any act of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of the human genitals, pubic
region, buttock or breasts.
All adult businesses shall be subject to the following restrictions:
A. Adult businesses shall be permitted only in the Adult Business Overlay District as provided in Chapter
254, Zoning, of the Code of the Village of Medina.
B. Adult businesses shall comply with the following setback, frontage
and lot size dimensional requirements:
(1) All buildings shall be set back not less than 100 feet from the right-of-way.
The one-hundred-foot setback area shall be landscaped with grass,
trees and shrubs and shall be curbed at the street. No parking will
be allowed in this area. Pedestrian circulation, utility facilities
and accessways shall be allowed in this area.
(2) All buildings shall have side and rear yards being a minimum of 50
feet.
(3) Minimum lot widths for an adult business shall be 250 feet, and the
building or other structures on the lot shall not cover more that
50% of the gross area of the lot.
(4) No building shall have a height greater than 35 feet except light
standards.
C. No adult business shall be allowed to occur within 500 feet of the
property boundary of another existing adult business.
D. No building or structure associated with an adult business shall be located within 100 feet of any boundary of the Agricultural-Residential District (AR), Single-Family Residential District (R-1), Two-Family Residential District (R-2), Multiple-Family Residential (R-3), Central Business District (CBD) or General Business District (GB), as defined in Chapter
254, Zoning, of the Code of the Village of Medina.
E. No adult business shall be conducted in any manner that permits the
observation of any material that depicts, describes or relates to
specified sexual activities or specified anatomical areas from any
public right-of-way or from any property not registered as an adult
business. This provision shall also apply to any display, decoration,
sign, show window or other opening.
F. One on-site sign shall be permitted. Said sign shall only include the business name and/or hours of operation, and shall be in compliance with all other requirements of Chapter
254, §
254-39, of the Code of the Village of Medina.
G. Adult businesses shall provide a minimum of one parking space for
each 100 square fact of gross floor area, and one parking space for
each employee. A parking space shall not be less than 10 feet by 20
feet. Parking for more than 50 vehicles shall delineate fire lanes.
H. No driveway shall be located less than 50 feet from an intersection
or less than 20 feet from a property line and be less than 20 feet
in width.
I. Adult businesses shall provide a commercial refuse container placed
an a concrete slab which is screened from view and is located as to
permit safe and easy removal of refuse by hand or truck.
J. An exterior light source shall not be erected in excess of 50 feet
above the ground and shall be placed so that direct light or glare
is not cast upon adjacent properties.
K. Landscaping and/or fencing shall be provided along all side and rear lot lines to minimize visual conflicts with adjacent land uses, and shall be in compliance with all requirements of Chapter
254, §
254-43, of the Code of the Village of Medina. Fencing shall be a minimum of six feet in height.
L. No person under the age of 18 shall be permitted within the premises
of an adult business.
M. Driveways, accessways, parking lots and walkways shall be paved with
asphalt or concrete and shall be curbed.