Judicial decisions, analysis of surrounding
municipalities and analysis of the potential effect on the Village
of Akron itself all indicate that buildings and establishments operated
as adult uses are detrimental and harmful to the health, safety and
general welfare of the residents of the Village of Akron in that such
uses engender adverse effects thereon, including but not limited to
increased crime, decreased property values and blighting or downgrading
in residential, business and commercial neighborhoods and districts.
In order to promote the health, safety and general welfare of the
residents of the Village of Akron, this article is intended to restrict
adult uses to nonresidential, nonbusiness and noncommercial areas
of the village and otherwise regulate their operation. This article
is further intended to promote the health, safety and general welfare
of the residents of the Village of Akron by regulating the proximity
of such adult uses to residential districts and community establishments.
As used in this article, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or for viewing
on premises, by use of motion-picture devices or any other coin-operated
means, or other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas. An establishment
with a segment or section devoted to the sale or display of the material
heretofore described in this definition is also an adult bookstore
for the purpose of this chapter.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers
or similar entertainers.
ADULT MINI MOTION-PICTURE THEATER
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 activities or specified anatomical areas for observation by
patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT USE
An adult bookstore, an adult motion-picture theater, adult
mini motion-picture theater or adult entertainment cabaret or any
combination thereof.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below a point immediately above
the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B and
C above.
Adult uses shall be permitted subject to the
following restrictions:
A. No adult uses shall be located within 500 feet of
the boundaries of any R-1, R-2 or R-3 District, being a single-family
residence, two-family residence, and multifamily residence, respectively.
B. No such use shall be located within 500 feet of a
preexisting school, place of worship, public park, playground or playing
field.
C. No such adult use shall be located in any zoning district,
except a zoning district zoned I-2 (General Industrial District).