Adult uses shall be allowable in an industrial
district upon review and site plan approval from the Planning Board,
subject to the following.
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.
SPECIFIED ANATOMICAL AREAS
[Added 1-12-2015 by L.L.
No. 1-2015]
A.
Less than completely and opaquely covered human genitals: public
regions, buttock and female breast below a point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
[Added 1-12-2015 by L.L.
No. 1-2015]
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breast.
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:
A. 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
B. 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]
A. 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.
B. 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.