[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 12-3-2001 by Ord. No. 2002-09. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 320.
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its sales or stock-in-trade books, magazines, films for sale or
for viewing on premises by use of motion-picture devices or by coin-operated
means, and periodicals which are distinguished or characterized by
their emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, or an establishment
with a segment or section devoted to the sale or display of such materials;
or an establishment that holds itself out to the public as a purveyor
of such materials based upon its signage, advertising, displays, actual
sales, presence of video preview or coin-operated booths, exclusion
of minors from the establishment's premises or any other factors showing
the establishment's primary purpose is to purvey such material.
A public or private establishment a primary purpose of which
is to provide members or guests with a venue to perform any one or
more specified sexual activities with other members or guests.
A public or private establishment which (i) features topless
dancers, strippers, "go-go" dancers, male or female impersonators,
lingerie or bathing suit fashion shows; (ii) not infrequently features
entertainers who display specified anatomical areas; or (iii) features
entertainers who by reason of their appearance or conduct perform
in a manner which is designed primarily to appeal to the prurient
interest of the patron or features entertainers who engage in, or
are engaged in explicit simulation of, specified sexual activities.
A building or area used for presenting materials 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.
An establishment having a substantial or significant portion
of its sales or stock-in-trade consisting of toys, devices, clothing
novelties, lotion and other items distinguished or characterized by
their emphasis on or use for specialized sexual activities or specified
anatomical areas or an establishment that holds itself out to the
public as a purveyor of such materials based upon its signage, advertising,
displays, actual sales, exclusion of minors from the establishment's
premises or any other factors showing the establishment's primary
purpose is to purvey such material.
Adult bookstores, adult motion-picture theaters, adult entertainment
cabarets, adult novelty stores, adult clubs, and other similar uses
of property within the Village.
Human genitals in the state of sexual stimulation or arousal;
Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, public
region, buttock or female breasts; or
Excretory functions as part of or in connection with any of
the foregoing activities.
No liquor license shall be issued and no liquor
shall be sold or consumed on the premises of an adult use.
Adult uses are permitted only in areas zoned
I-2 (Heavy Industrial District) under and pursuant to the provisions
of Article VIII, Industrial District Regulations, § 320-38, of
Chapter 320, Zoning, provided:
A.
No adult use shall be conducted without a permit issued
pursuant to this section. Permits for constructing or occupying an
adult use shall be issued only after the following review process.
The applicant shall apply to the Building Inspector for the permit;
the application shall be accompanied by an application fee in an amount
set forth in Chapter 155, Fees. The application shall be on a form
specified by the Building Inspector, and shall include, in addition
to any additional information submitted by the applicant, the following
information:[1]
(1)
The name, address, and phone number of all owners
of record of the property on which the adult use is proposed to be
constructed or operated;
(2)
The name, address, and phone number of all person
who will be operating the adult use; and if such person is a corporation
or limited liability company, the name, address and phone number of
all officers and directors and managers of the corporation or limited
liability company, and the names, address and phone number of all
management personnel;
(3)
The common address and legal description of the property;
(4)
A site plan and floor plan drawn to scale, identification
of construction materials, and plans for lighting, parking and circulation,
ingress and egress, landscaping and screening, and signage;
(5)
A statement as to the nature of the adult use proposed.
B.
The Building Inspector shall forward the application
to the Zoning Board of Appeals for review. Within 60 days of filing,
the Board of Appeals shall conduct a review of the application for
conformance with Chapter 320, Zoning, Chapter 263, Subdivision of
Land, and this Chapter 103, Adult Uses, of the Village Code. The Board
of Appeals shall render a recommendation to the Village Board as to
whether the proposed adult use conforms with all Village ordinances,
and may recommend conditions on the development and operation of the
adult use related to site plan, floor plan, construction materials,
lighting, parking and circulation, ingress and egress, landscaping
and screening, and signage in order to assure that the design and
operation of the adult use is in conformance with all Village ordinances
and is compatible with surrounding uses.
Within 30 days of receipt of the recommendation
of the Zoning Board of Appeals, the Village Board shall, by ordinance
or resolution, grant or deny the permit. The Village Board's action
shall specify the location, by legal description and common address,
of the adult use, and shall specify the nature of the adult use permitted.
The Village Board may place conditions on the adult use. The Village
Board's determination is a final agency action subject to administrative
review.
No adult use shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
A.
Any adult use which exists lawfully, but which became
nonconforming upon the adoption of this chapter, may be continued,
provided that, upon written notice from the Village to the owners
or interests therein that any building, structure, lot or regulated
use is nonconforming under the provisions of Chapter 320, Zoning,
as amended, the owners or interests therein shall, within two months
from the date of such notice, apply to the Village Clerk for a certificate
of nonconformance.
A.
No person, firm or corporation shall own, manage,
or operate an adult use within the corporate limits of the Village
without a permit from the Village obtained in accordance with this
chapter.
B.
No person, firm or corporation shall provide false
information on an application for an adult use permit.
C.
No person, firm or corporation shall own, manage or
operate an adult use within the corporate limits of the Village except
in conformance with this chapter.
An adult use permit is specific to a location
and to a use. No adult use may be enlarged, nor the nature of the
adult use changed, without the owner and manager thereof securing
a new permit. The application for said new permit shall be accompanied
by an application fee in an amount set forth in Chapter 155, Fees.
Persons found guilty of violating this chapter
shall, upon conviction thereof, be subject to a fine of not less than
$250 nor more than $750. Each day a violation occurs shall be deemed
a separate offense. Where a corporation or limited liability company
owns or operates an adult use, all officers, directors, managers and
employees who knowingly participated in management decisions shall
be liable to the same extent as the corporation.
