Zoning — See Ch. 99.
§ 33-1Purpose; findings.
§ 33-4Observation from public way prohibited.
§ 33-5Penalties for offenses.
It is recognized that the buildings and establishments operated as adult entertainment uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Village of Manlius, this chapter is intended to restrict adult entertainment uses to industrially zoned areas of the village. The Village Board hereby finds that the operational characteristics of adult entertainment uses increase the detrimental impact on a community when such uses are spread throughout the community. The Village Board finds that, based upon common knowledge and experience and studies conducted by other municipalities, both large and small (such as Kansas City, Missouri and the Village of Bergen, New York), the adult entertainment uses sought to be regulated by this chapter have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures therefor. Therefore, this chapter is intended to promote the health, safety and general welfare of the residents of the Village of Manlius by regulating the concentration and location of such adult entertainment uses.
General. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
Specific terms. As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ENTERTAINMENT USES
- Those uses which prohibit minors due to their age. Adult bookstores and video stores are included within this definition to the extent that at least 10% of the floor area of their stock-in-trade consists of books, magazines, other periodicals, films, slides and video tapes to which minors are denied access although the establishment is customarily open to the general public.
- The Code of the Village of Manlius, as amended.
- A person who has not attained the age of 18 years.
- The Village of Manlius.
No adult entertainment use shall be allowed or permitted in any zoning district of the village, except an Industrial District. All adult entertainment uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in an Industrial District.
In addition, no person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult entertainment use within the village unless such use meets the following standards:
No more than one adult entertainment use shall be allowed or permitted on any one lot.
No adult entertainment use shall be allowed or permitted on a lot that is closer than 500 feet to:
A lot on which there is another adult entertainment use.
Any R-1 District, R-2 District, Commercial District or Commercial 1 District.
Any property that is utilized, in whole or in part, for residential purposes.
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field.
The boundaries of the village.
Where there is a conflict between the regulations as provided in this chapter and any other law, rule or regulation of the village, including the Code, the most restrictive law, rule or regulation shall apply.
No adult entertainment use shall be conducted in any manner that permits the observation of the adult entertainment use from any public way or from any other lot.