Chapter 095, Entertainment/Uses, Adult

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Chapter 95, Entertainment/Uses, Adult

GENERAL REFERENCES

Amusement centers -- See Ch. 59.

Public entertainment -- See Ch. 97.

Zoning -- See Ch. 250.

§ 95-1. Purposes and considerations

Adult entertainment/uses are permissible in an M-1 Manufacturing District as set forth by § 250-15 of this Code, so long as such uses comply with the additional regulations of this chapter.

A.)In the execution of this chapter, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one (1) area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

B.)It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Ilion.

C.)These special regulations are itemized in this chapter to accomplish the primary purposes of preventing a concentration of these uses in any one (1) area and restricting their accessibility to minors.

§ 95-2. Definitions

As used in this chapter, 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, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET -- A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL -- A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER -- A theater that customarily presents motion pictures, films, videotapes or slide shows that is not open to the public generally but excludes any minor by reason of age.

MASSAGE ESTABLISHMENT -- Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS -- A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

§ 95-3. Additional location restrictions

The adult uses as defined in § 95-2 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:

A Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.

B Any of the above uses shall not be located within a one-thousand-foot radius of another such use.

C Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.

D Any of the above uses shall not be located within a five-hundred-foot radius of the Central Plaza Business District.

E The Village Zoning Board of Appeals may establish time restrictions on the hours of operation for any of the above uses so long as the grounds for said restrictions are reasonable and clearly set forth.

§ 95-4. Waiver

The restrictions enumerated in § 95-3 above may be waived by the Village Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to other general conditions set forth in this Code at § 250-15, for M-1 uses, and elsewhere in the Zoning Code:

A That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed;

B That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

C That fifty-one percent (51%) or more of the property owners within the restricted area as defined in § 95-3A above have signed a petition stating that they have no objection to the establishment of one (1) of the uses defined above. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.

§ 95-5. One adult use per lot

No more than one (1) of the adult uses as defined above shall be located on any lot.