[Added 9-13-1994 by L.L. No. 5-1994]
Adult uses shall be allowable in I Districts (Industrial) only upon a special permit from the Zoning Board of Appeals after public hearing in accordance with Article VI herein.
A.
In the execution of this article 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
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 Town of Clarkson.
C.
These special regulations are itemized in this article
to accomplish the primary purposes of preventing a concentration of
these uses in any one area and restricting their accessibility to
minors.
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 any of the following: books, magazines or other
periodicals; instruments, devices or paraphernalia which are designed
for use in connection with specific sexual activities; films, slides
and video tapes; and which establishment is customarily not open to
the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
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.
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.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
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.
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.
The adult uses as defined in § 140-50 above are to be restricted as to location in the following manner in addition to any other requirements of this Code.
The restrictions enumerated in § 140-51 above may be waived by the Zoning Board of Appeals if the applicant shows and the Zoning Board of Appeals finds that the following conditions have been met in addition to the general conditions contained in Article VI of this chapter:
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 article 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 51% or more of the property owners within the
restricted area as defined in Subsection C(l) of this section have
signed a petition stating that they have no objection to the establishment
of one of the uses defined above.
No more than one of the adult uses as defined
above shall be located on any lot.
