[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 4-11-2000 by L.L. No. 3-2000. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 99.
It is recognized that the buildings and establishments
operated as adult entertainment uses have serious objectionable operational
characteristics. In order to promote the health, safety and general
welfare of the residents of the Village of Manlius, this chapter is
intended to restrict adult entertainment uses to industrially zoned
areas of the Village. The Village Board hereby finds that the operational
characteristics of adult entertainment uses increase the detrimental
impact on a community when such uses are spread throughout the community.
The Village Board finds that, based upon common knowledge and experience
and studies conducted by other municipalities, both large and small
(such as Kansas City, Missouri, and the Village of Bergen, New York),
the adult entertainment uses sought to be regulated by this chapter
have been associated with criminal and other socially undesirable
behavior, such as disorderly conduct, prostitution, pornography, drug
trafficking and substance abuse, which have the resulting effects
of depressing property values in the surrounding neighborhood and
increasing the burden upon law enforcement personnel and municipal
expenditures therefor. Therefore, this chapter is intended to promote
the health, safety and general welfare of the residents of the Village
of Manlius by regulating the concentration and location of such adult
entertainment uses.
A.
General. Unless specifically defined below, words
or phrases used in this chapter shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter
its most reasonable application.
B.
ADULT ENTERTAINMENT USES
CODE
MINOR
VILLAGE
Specific terms. As used in this chapter, the following
terms shall have the meanings indicated:
Those uses which prohibit minors due to their age. Adult
bookstores and video stores are included within this definition to
the extent that at least 10% of the floor area of their stock-in-trade
consists of books, magazines, other periodicals, films, slides and
video tapes to which minors are denied access although the establishment
is customarily open to the general public.
The Code of the Village of Manlius, as amended.
A person who has not attained the age of 18 years.
The Village of Manlius.
A.
No adult entertainment use shall be allowed or permitted
in any zoning district of the Village, except an Industrial District.
All adult entertainment uses shall comply with the applicable provisions
of the Code, including those relating to structures and uses permitted
in an Industrial District.[1]
B.
In addition, no person shall construct, establish,
operate or maintain, or be issued a certificate of occupancy for,
any adult entertainment use within the Village unless such use meets
the following standards:
(1)
No more than one adult entertainment use shall be
allowed or permitted on any one lot.
(2)
No adult entertainment use shall be allowed or permitted
on a lot that is closer than 500 feet to:
(a)
A lot on which there is another adult entertainment
use.
(b)
Any R-1 District, R-2 District, Commercial District
or Commercial 1 District.
(c)
Any property that is utilized, in whole or in
part, for residential purposes.
(d)
Any church or other regular place of worship,
community center, funeral home, library, school, nursery school, day-care
center, hospital or public park, playground, recreational area or
field.
(e)
The boundaries of the Village.
C.
Where there is a conflict between the regulations
as provided in this chapter and any other law, rule or regulation
of the Village, including the Code, the most restrictive law, rule
or regulation shall apply.
No adult entertainment use shall be conducted
in any manner that permits the observation of the adult entertainment
use from any public way or from any other lot.
