[R.O. 2011 § 601.010; R.O. 2010 § 601.010; Ord. No. 933 § 1, 11-6-2006]
A.Â
Purpose. It is the purpose of this Section to regulate sexually oriented
businesses and related activities to promote the health, safety and
general welfare of the citizens of the City and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually orientated business within the City. The provisions of
this Section have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor the
effect of this Section to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment or to deny access
by the distributors and exhibitors of sexually oriented entertainment
to their intended market. Neither is it the intent nor effect of this
Section to condone or legitimize the distribution of obscene materials.
The general welfare, health, morals and safety of the citizens of
this City will be promoted by the enactment of this Chapter.
B.Â
ADULT ARCADE
ADULT BOOKSTORE OR ADULT VIDEO STORE
a.Â
b.Â
ADULT MOTION PICTURE THEATER
ADULT THEATER
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
a.Â
b.Â
c.Â
Definitions. For the purposes of this Section, the following terms
shall be deemed to have the meaning indicated below:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or image-producing devices are maintained to show images to five (5)
or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas."
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental, for any form of consideration,
any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations that depict or describe the specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as an adult bookstore or adult video store. Such other business purposes
will not serve to exempt such commercial establishments from being
categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or
rental for consideration the specified materials that depict or describe
specified sexual activities or specified anatomical areas. A principal
business purpose need not be a primary use of an establishment so
long as it is a significant use based upon the visible inventory or
commercial activity of the establishment.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or semi-nudity and/or live performances that
are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult cabaret or any business which offers its patrons
goods of which a substantial or significant portion are sexually oriented
material. It shall be presumed that a business that derives thirty
percent (30%) or less of its revenue from sexually oriented materials
is presumed not to be a sexually oriented business. No building, premises,
structure, or other facility that contains any sexually oriented business
shall contain any other kind of sexually oriented business.
Includes any of the following:
The increase in floor area occupied by the business by more
than twenty-five percent (25%) as the floor area exists on the effective
date of this Section.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
C.Â
Location Restrictions. Sexually oriented businesses may be located
with a conditional use permit in accordance with Article VIII of the
zoning ordinance of the City of Owensville in the commercial or industrial
districts zoned "C-2" Highway Commercial District, "M-1" Light Industrial
District or "M-2" Industrial District.
1.Â
The sexually oriented business may not be operated within:
a.Â
Five hundred (500) feet of a church, synagogue or regular place
of religious worship.
b.Â
Five hundred (500) feet of a public or private elementary or
secondary school or any institution of higher learning.
c.Â
Five hundred (500) feet of any public or private preschool facility
or any property owned by a public or private preschool facility.
d.Â
Five hundred (500) feet of a public or private park or sporting
facility.
e.Â
Five hundred (500) feet of a licensed day-care center.
f.Â
Five hundred (500) feet of a licensed health care facility.
g.Â
Five hundred (500) feet of any public or private library.
h.Â
Five hundred (500) feet of any governmental buildings or any
government owned property.
i.Â
Five hundred (500) feet of an entertainment business that is
oriented primarily towards children or family entertainment.
2.Â
For the purpose of this Section, 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 part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of the entities described in Subsection (C)(1)(a) through (i), both inclusive, as hereinabove set forth.
D.Â
Non-Conforming Uses. All questions concerning whether or not the operation of a sexually oriented business has vested rights as a non-conforming use shall be determined in accordance with the provisions of Section 400.290 of the Zoning Code of the City of Owensville. The operation of any non-conforming use shall be governed by the provisions of said Section.