Adult uses shall be permitted only in any AE District, provided
that:
B.
An adult use may not be operated within 500 feet of another adult
use, or on the same lot or parcel of land.
C.
An adult use may not be operated in the same building, structure
or portion thereof containing another adult use.
D.
For the purposes of this chapter, measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises where an adult use is conducted, to the nearest property
line of the premises of a church or public or private elementary school,
secondary school or licensed child day-care center, or to the nearest
boundary of an affected public park, residential district, or residential
lot.
E.
For the purposes of this chapter, the distance between any two adult
uses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure
in which each business is located.
F.
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by this chapter shall be able to see any specified
anatomical area or any specified sexual activity by virtue of any
display which depicts or shows that area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
A.
A person may operate an adult use business only within the AE District in the Village of Bath in accordance with the provisions of this chapter and Chapter 119, Zoning, of the Code of the Village of Bath.
B.
Prior to the commencement of any adult use business or upon any transfer
of ownership or control, the premises must be inspected and found
to be in compliance with all laws, ordinances, rules and regulations
applicable to the use and occupancy for an adult use business and
in compliance with this chapter.
C.
All code enforcement officials, including the Village Building Inspector
and Village Code Enforcement Officer, shall complete their certification
that the premises are in compliance or not in compliance within 20
days of the inspection of the premises by such officials.
D.
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator, shall permit representatives
of the Village Building Department, the Steuben County Sheriff's
Department, the New York State Police, the State Health Department,
the Village Building Inspector, the Village Code Enforcement Officer
or any other Village, county or state department or agency that has
permitting authority regarding the use of the premises to inspect
the premises of an adult use business for the purpose of insuring
compliance with this chapter at any time it is occupied or open for
business.
Any adult uses operating on the effective date of this chapter
and not permitted as required by this chapter shall be deemed to be
in violation of this chapter. However, the owner or operator shall
have 30 days to apply for a permit or license as authorized by this
chapter. In the event such license or permit is denied because the
business cannot be operated in a location or in a manner as permitted
by this chapter, such operation shall be deemed a nonconforming use.
Such nonconforming use shall be permitted to operate for a period
not to exceed three years from the date of enactment of this chapter,
unless sooner terminated for any reason or voluntary discontinuance
for a period of 30 days or more. Such nonconforming use shall not
be increased, enlarged, extended or altered except that the nonconforming
use may be changed to a conforming use.
Signs in this district shall be governed by Chapter 119 of the Code of the Village of Bath.
