[Added 1-12-1981 by L.L. No. 1-1981]
Buildings and establishments operated as adult uses have the
characteristic result of creating a skid-row effect on adjoining properties.
In order to prevent deteriorating property values, higher crime rates,
traffic congestion and depressed neighborhood conditions in the Village
of Lancaster, this article is intended to relegate and restrict adult
uses to nonresidential, nonbusiness and noncommercial areas of said
Village and otherwise regulate their operation. In addition, since,
by their very nature, the operational characteristics of adult uses
increase the deleterious impact on the community when such uses are
concentrated, this article is intended to promote the health, safety,
general welfare and good order of the residents of the Village of
Lancaster, by regulating such concentration of adult uses.
As used in this article, the following terms shall have the
meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on the premises, by use of motion-picture devices or any other coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter 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 material,
which excludes minors by virtue of age.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers, which excludes
minors by virtue of age.
An enclosed building with a capacity of less than 50 persons
used for presenting material 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, when such establishment is customarily not open to
the public generally, but only to one or more classes of the public,
excluding any minor by reason of age.
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material 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, when
such establishment is customarily not open to the public generally,
but only to one or more classes of the public, excluding any minor
by reason of age.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Less than completely and opaquely covered human genitals, public
region or female breast below a point immediately above the top of
the areola.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or other erotic touching of human genitals, public
region, buttocks or female breast.
Adult uses, including but not limited to adult bookstores, adult
motion-picture theaters, adult mini-motion-picture theaters and adult
entertainment cabarets, shall be permitted subject to the following
restrictions:
A.
No such adult uses shall be allowed within 500 feet of another existing
adult use.
B.
No such adult use shall be located within 500 feet of the boundaries
of any zoning district which is zoned exclusively for residential
uses (those zones designated R-1, R-2, R-2A and R-2AH) or residential
uses in C or M Districts.
C.
No such adult use shall be located within 500 feet, of a preexisting
school, place of worship, park or playground or other area where large
numbers of minors travel or congregate.
D.
No such adult use shall be located in any zoning district except
the M-1 District.
A.
The owner of a building or premises, his agent for the purpose of
managing or controlling or collecting rents or any other person managing
or controlling a building or premises, any part of which contains
an adult use, shall register the following information with the Village
Clerk of the Village of Lancaster:
(1)
The address of the premises.
(2)
The name and address of the owner of the premises and the names and
addresses of the beneficial owners if the property is in a land trust.
(3)
The name of the business or the establishment subject to the provisions
of this article.
(4)
The name(s) and addresses of the owner, beneficial owner of the major
stockholder(s) of the business or the establishment subject to the
provisions of this article.
(5)
The date of initiation of the adult use.
(6)
The nature of the adult use.
(7)
If the premises or building is leased, a copy of said lease.
B.
It is a violation of this article for the owner or person in control
of any property to establish or operate thereon or to permit any person
to establish or operate thereon an adult use without having properly
registered said adult use with the Village Clerk.
The owner, manager or agent of a registered adult use shall
display in a conspicuous place on the premises of the adult use a
copy of the registration filed with the Village Clerk.
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.
No use as described in this article shall be established until the
issuance of a special use permit by the Board of Trustees of the Village.
Application for such special use permit shall be in writing to the
Board of Trustees and shall consist of a description of the premises
for which the permit is sought, a plain and concise statement of the
use which is proposed and such additional information as shall be
required by the Board of Trustees. The Board of Trustees shall call
a public hearing for the purpose of considering the request for a
special use permit. At least 10 days' notice of the time and place
of the public hearing shall be given by the publication of a notice
in a newspaper of general circulation in the Village indicating the
general nature of the public hearing and the fact that those persons
interested therein may be heard at the time and place of such hearing.
B.
A special use permit issued under the provisions of this section
shall not be transferable.
