[HISTORY: Adopted by the Board of Trustees of the Village of Central Square 2-14-2000 by L.L. No. 2-2000. Amendments noted where applicable.]
Zoning — See Ch. 250.
Adult uses shall be allowable in an industrial district upon review and site plan approval from the Planning Board, subject to the following.
In the execution of this chapter 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.
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 Village of Central Square.
These special regulations are itemized in this section 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 chapter, the following terms shall have the meanings indicated:
- ADULT ARCADE
- Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, or mechanically
controlled still or motion-picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by depicting or describing specified
sexual activities or specified anatomical areas.[Added 1-12-2015 by L.L. No. 1-2015]
- ADULT BOOKSTORE or ADULT VIDEO STORE
- A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion picture, videocassettes
or video reproductions, slides, or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or instruments, devices, or paraphernalia which are designed
for use in connection with specific sexual activities. A commercial
establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing
specific sexual activities or specified anatomical areas and still
be categorized as an "adult bookstore" or "adult video store" so long
as one of its principal business purposes is the offering for sale
or rental for consideration the specified materials which depict or
describe or specified anatomical specified sexual activities or specified
anatomical areas. For the purposes of this definition, "principal
business purpose" shall mean 20% or more of any of the following:[Added 1-12-2015 by L.L. No. 1-2015]
- A. The number of different titles or kinds of such merchandise;
- B. The number of copies or pieces of such merchandise;
- C. The amount of floor space devoted to the sale and/or display of such merchandise; or
- D. The amount of advertising which is devoted to such merchandise, whether in print or broadcast media.
- ADULT CABARET
- A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:[Added 1-12-2015 by L.L. No. 1-2015]
- A. Persons who appear in a state of nudity;
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT AND ENTERTAINMENT ESTABLISHMENT
- A public or private establishment, or any part thereof, which
presents any of the following entertainment, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings, or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motion-picture theaters; adult theaters; escort agencies; nude
model studios and sexual encounter centers. Adult use and entertainment
establishments customarily exclude minors by reason of age.[Added 1-12-2015 by L.L. No. 1-2015]
- ADULT MOTION-PICTURE THEATER
- A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.[Added 1-12-2015 by L.L. No. 1-2015]
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.[Added 1-12-2015 by L.L. No. 1-2015]
- ADULT USES
- Those uses which prohibit minors due to their age. Adult bookstores and video stores are included within this definition to the extent that a substantial or significant portion of their stock-in-trade consists of books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
[Added 1-12-2015 by L.L. No. 1-2015]
No adult use establishment may be located within a one-thousand-foot radius of any area zoned R, RM, or RB or any area that is utilized for residential purposes.
No adult use establishment may be located within a one-thousand-foot radius of any area where youth may regularly assemble, including but not limited to, a school, nursery school, daycare facility, library, church or other place of religious worship, community center, park, playground, recreational area or field.
No adult use establishment may be located within 250 feet of any other adult use establishment.
The sale, serving or consumption of alcohol shall be prohibited within or from any adult use establishment.
No adult use establishment shall be located within 250 feet from an establishment where alcohol is sold, served or consumed.
No adult use establishment shall operate after 2:00 a.m.
All distances set forth in this section shall be measured from property line to property line. All separation requirements shall be maintained from established uses whether inside or outside of the Village of Central Square boundaries.
No more than one of the adult uses as defined above shall be located on any lot.
Any and all booths, cubicles, studios and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common area of the adult use establishment. There shall not be any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the adult use establishment.
Private viewing areas must be well lighted and readily accessible at all times and shall continually be open to view.
Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.
Exterior windows on adult use establishments may be opaque but not blackened or boarded.
The restrictions enumerated herein may be waived by the Village Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
That the proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this chapter will be observed; and
That the establishment of an additional use of the type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
By amortization, the right to maintain a legal nonconforming use shall terminate in accordance with the following schedule:
Amount of Capital Investment As of the Effective Date of this Chapter
Date Before Which Use Shall Terminate
0 to 5,000
January 1, 2001
5,001 to 8,000
January 1, 2002
8,001 to 15,000
January 1, 2003
15,001 to 22,000
January 1, 2004
22,001 or more
January 1, 2005
NOTE: The term "capital investment" as used above is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the chapter, exclusive of the fair market value of the structure in which the use is located.
[Added 1-12-2015 by L.L. No. 1-2015]
The violation of any of the provisions of this chapter shall be deemed an offense, and upon such conviction, such offender may be punished by a fine not to exceed $250 or imprisonment for not more than 15 days, or both. For a repeat offender, the maximum penalty shall be two times that set forth in this section. In either case, each day such violation shall continue shall constitute a separate violation.
The foregoing shall not be deemed the sole right and remedy of the Village relative to enforcement, and the Village may also, or alternatively, assert and pursue any other rights, any and all civil or criminal actions, proceedings or remedies available at law.