[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 9-3-1997
by Ord. No. 183-97; amended in its entirety 10-6-1997 by Ord. No. 184-97.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Massage parlors — See Ch. 172.
The intent of this chapter is to regulate uses which, because of their
very nature, are recognized as having serious objectionable characteristics,
particularly when several of them are concentrated under certain circumstances
thereby having a deleterious effect upon the adjacent areas. Special regulations
of these uses are necessary to ensure that these adverse effects will not
contribute to the blighting or downgrading of the surrounding neighborhood.
The primary control or regulation is for the purpose of preventing a concentration
of these uses in any one area.
For the purposes of this chapter, the following definitions shall apply:
An establishment having a substantial or significant portion of its
stock-in-trade, books, magazines, films for sale or viewing on premises by
uses of motion-picture devices or any 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.
A public or private establishment which is licensed to serve food
and/or alcoholic beverages, which feature topless dancers, strippers, male
or female impersonators or similar entertainers or acts relating to specific
sexual activities or specified anatomical areas for observation by patrons
therein.
An enclosed building with a capacity for less than 50 persons used
for 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.
An enclosed building with a capacity of 50 or more persons used regularly
and routinely for 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.
Regulated uses include all adult uses which include, but are not limited
to, the following: adult bookstore, adult entertainment cabaret, adult mini-motion-picture
theater and adult motion-picture theater.
A.
Adult uses shall be permitted, subject to the following
restrictions:
(1)
No such adult use shall be allowed within 750 feet of
another existing adult use. The 750 feet shall be the straight horizontal
distance from any part of a building housing an adult use to any part of the
other building housing an adult use, as measured by the Town Engineer.
(2)
No such adult use shall be located within 750 feet of
any zoning district which is zoned residential use. The 750 feet shall be
the straight horizontal distance from any part of a building housing an adult
use to any boundary of a zoning district which is zoned for residential use,
as measured by the Town Engineer.
(3)
No such adult use shall be located within 750 feet of
a preexisting school, child day-care center, private home day-care center,
public park, nursing home, hospital, Town-owned building, video store with
a specified adult section or place of worship. The 750 feet shall be the straight
horizontal distance, as measured by the Town Engineer, from any part of a
building housing a school, child day-care center, private home day-care center,
public park, nursing home, hospital, Town-owned building, video store with
a specified adult section or place of worship.
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.
The owner of a building or premises, his/her agent for
the purposes of managing, 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 with the Zoning Enforcement Officer the following
information:
(1)
The address of the premises.
(2)
The name of the owner of the premises and names of the
beneficial owners if the property is in a land trust.
(3)
The address(es) of the owner and the beneficial owners.
(5)
The name(s) of the owner, beneficial owner or the major stock holders of the business or the establishment subject to the provisions of § 71-3.
(7)
The date of initiation of the adult use.
(8)
If the building or premises is leased, a copy of said
lease shall be attached.
B.
It shall be unlawful for the owner or person in control
of any property to establish or operate thereon or to permit any person to
establish or operate an adult use without first having properly registered
and received certification of approved registration; preexisting adult uses
prior to the effective date of this chapter shall register within 10 days
of the effective date of this chapter.
C.
The owner, manager or agent of a registered adult use
shall display a copy of the registration form approved by the Zoning Enforcement
Officer in a conspicuous place on the premises.
