County passes adult business ordiance

BY SUSAN GIBBS Record Reporter
Published: April 3, 2008

The Greene County Board of Supervisors voted unanimously to amend its zoning ordinance pertaining to Sexually Oriented Business at its regularly scheduled meeting Tuesday, March 25.

“We know that across the mountain some folks have had some issues with this type of business. What we’re trying to do is … get ahead of the curve and (define) where these businesses are allowed and where they are not,” Zoning Administrator Bart Svoboda told the Board.

Sexually Oriented Businesses include Adult Bookstores, Adult Video Stores and Adult Entertainment Establishments.

An Adult Bookstore or Adult Video Store is defined as an establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

• Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict sexually explicit activities.
• Instruments, devices or paraphernalia that are designed for use in connection with sexually explicit activities.

A principal business purpose exists if materials offered for sale or rental depicting or describing sexually explicit material or activities account for 20 percent or more of inventory, or occupy 20 percent or more to total floor space.

An Adult Entertainment Establishment is defined as an establishment offering goods and services of an adult nature which include adult theaters, adult nightclubs, adult arcade and adult cabarets.

The Planning Department’s analysis and effect that accompanied the proposal read:  “Greene County has determined that permitting sexually oriented businesses, as defined, in proximity to residential, institutional and non-adult oriented retail uses would have a detrimental effect on such adjacent uses.

“Land use studies found from cities and counties around the United States were cited in the U. S. Supreme Court cases—Young v. American Mini Theaters, Inc. (1976) and Renton V. Playtime Inc. Theater Inc. (1986) clearly document the harmful secondary effects caused by Sexually Oriented Businesses. Those harmful secondary effects include increased crime, decreased property value and urban blight.

“Therefore, in order to prevent potential deterioration in Greene County’s Zoning districts, and to avoid potential adverse impacts on residential, institutional, and non-adult oriented retail uses, particularly those where children are present, and thereby protecting the public health, safety and welfare, sexually oriented businesses, as defined, shall be permitted only in the M-2 Zoning District.”

The Statement of Intent read: “The purpose of the M-2 District is to permit industrial uses which typically possess low to moderate environmental impact; as well as uses which might otherwise have a detrimental impact on Greene County’s quality of residential neighborhoods and commercial districts. All uses shall be in a park or park-like setting, in a location near adequate transportation access, and near an adequate labor source. The impact of this District on residential areas should be minimal.”

The amended ordinance requires that adult bookstores, adult video stores and adult entertainment establishments – once a Special Use permit has been granted by the County—be a minimum of 1,000 feet from residence, church, school, day care facility, park, additional adult bookstore, additional adult video store, additional adult entertainment, or similar establishments.