[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 12-3-2001 by Ord. No. 2002-09. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 320.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its sales or stock-in-trade books, magazines, films for sale or for viewing on premises by use of motion-picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matters 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 materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT CLUB
A public or private establishment a primary purpose of which is to provide members or guests with a venue to perform any one or more specified sexual activities with other members or guests.
ADULT ENTERTAINMENT CABARET
A public or private establishment which (i) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; (ii) not infrequently features entertainers who display specified anatomical areas; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, specified sexual activities.
ADULT MOTION-PICTURE THEATER
A building or area used for presenting materials 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.
ADULT NOVELTY STORE
An establishment having a substantial or significant portion of its sales or stock-in-trade consisting of toys, devices, clothing novelties, lotion and other items distinguished or characterized by their emphasis on or use for specialized sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT USE
Adult bookstores, adult motion-picture theaters, adult entertainment cabarets, adult novelty stores, adult clubs, and other similar uses of property within the Village.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered:
(1) 
Human genitals;
(2) 
Pubic region;
(3) 
Buttocks;
(4) 
Female breasts below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Human genitals in the state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse or sodomy;
C. 
Fondling or other erotic touching of human genitals, public region, buttock or female breasts; or
D. 
Excretory functions as part of or in connection with any of the foregoing activities.
Adult uses are permitted only in areas zoned I-2 (Heavy Industrial District) under and pursuant to the provisions of Article VIII, Industrial District Regulations, § 320-38, of Chapter 320, Zoning, provided:
A. 
No adult use shall be located within 500 feet of any property which is zoned residential or used for residences, churches, schools, parks or other adult use.
B. 
No adult use shall be located in a building in which there is an establishment selling alcoholic liquors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No adult use shall be conducted without a permit issued pursuant to this section. Permits for constructing or occupying an adult use shall be issued only after the following review process. The applicant shall apply to the Building Inspector for the permit; the application shall be accompanied by an application fee in an amount set forth in Chapter 155, Fees. The application shall be on a form specified by the Building Inspector, and shall include, in addition to any additional information submitted by the applicant, the following information:[1]
(1) 
The name, address, and phone number of all owners of record of the property on which the adult use is proposed to be constructed or operated;
(2) 
The name, address, and phone number of all person who will be operating the adult use; and if such person is a corporation or limited liability company, the name, address and phone number of all officers and directors and managers of the corporation or limited liability company, and the names, address and phone number of all management personnel;
(3) 
The common address and legal description of the property;
(4) 
A site plan and floor plan drawn to scale, identification of construction materials, and plans for lighting, parking and circulation, ingress and egress, landscaping and screening, and signage;
(5) 
A statement as to the nature of the adult use proposed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Building Inspector shall forward the application to the Zoning Board of Appeals for review. Within 60 days of filing, the Board of Appeals shall conduct a review of the application for conformance with Chapter 320, Zoning, Chapter 263, Subdivision of Land, and this Chapter 103, Adult Uses, of the Village Code. The Board of Appeals shall render a recommendation to the Village Board as to whether the proposed adult use conforms with all Village ordinances, and may recommend conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all Village ordinances and is compatible with surrounding uses.
Within 30 days of receipt of the recommendation of the Zoning Board of Appeals, the Village Board shall, by ordinance or resolution, grant or deny the permit. The Village Board's action shall specify the location, by legal description and common address, of the adult use, and shall specify the nature of the adult use permitted. The Village Board may place conditions on the adult use. The Village Board's determination is a final agency action subject to administrative review.
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. 
Any adult use which exists lawfully, but which became nonconforming upon the adoption of this chapter, may be continued, provided that, upon written notice from the Village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of Chapter 320, Zoning, as amended, the owners or interests therein shall, within two months from the date of such notice, apply to the Village Clerk for a certificate of nonconformance.
B. 
Failure to apply for a certificate of nonconformance within two months of the notice provided in Subsection A above will require the elimination of the nonconformance within six months of the notice provided for in Subsection A.
C. 
Nonconformances that have applied for a certificate of nonconformance from the Village Clerk shall be discontinued within one year of the notice provided in Subsection A above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person, firm or corporation shall own, manage, or operate an adult use within the corporate limits of the Village without a permit from the Village obtained in accordance with this chapter.
B. 
No person, firm or corporation shall provide false information on an application for an adult use permit.
C. 
No person, firm or corporation shall own, manage or operate an adult use within the corporate limits of the Village except in conformance with this chapter.
An adult use permit is specific to a location and to a use. No adult use may be enlarged, nor the nature of the adult use changed, without the owner and manager thereof securing a new permit. The application for said new permit shall be accompanied by an application fee in an amount set forth in Chapter 155, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Persons found guilty of violating this chapter shall, upon conviction thereof, be subject to a fine of not less than $250 nor more than $750. Each day a violation occurs shall be deemed a separate offense. Where a corporation or limited liability company owns or operates an adult use, all officers, directors, managers and employees who knowingly participated in management decisions shall be liable to the same extent as the corporation.