[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 6-1-1981 by L.L. No. 3-1981; amended in its entirety 9-8-1997 by L.L. No.
6-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
Buildings and establishments operated as adult uses are detrimental
and harmful to the health, safety, morals and general welfare of a
community in that they engender adverse effects which contribute to
the blighting or downgrading of a surrounding neighborhood. In order
to promote the health, safety, morals and general welfare of the residents
of the Village of Depew, this chapter is intended to restrict adult
uses to nonresidential areas of the Village, and otherwise regulate
their operation. Moreover, because the operational characteristics
of adult uses which are concentrated in a particular area are such
that the deleterious impact on the surrounding neighborhood is increased,
this chapter is intended to promote the health, safety, morals, general
welfare and good order of the residents of the Village of Depew by
regulating the concentration of such uses.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on the premises, by use of motion-picture devices or any other 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 features topless dancers, strippers,
male or female impersonators or similar entertainers.
A public or private establishment which is used for the provision
of the service of stroking, kneading, tapping or vibrating the human
body with the hands or other devices, with or without the aid of oils
or other lubricants, except by those licensed to perform said activity
under Education Law § 7802.
An enclosed building with a capacity of less than 50 persons
which is used for presenting 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
which is used regularly and routinely for presenting 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.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Adult uses, including but not limited to adult bookstores, adult
motion-picture theaters, adult mini-motion-picture theaters, adult
massage parlors and adult entertainment cabarets, shall be permitted
subject to the following restrictions:
A.
No such adult uses shall be allowed within 500 feet of another existing
adult use.
B.
No such adult use shall be located within 1,000 feet of the boundaries
of any premises zoned R-1 Single-Family Residential or R-2 Two-Family
and Multifamily Residential, nor shall such use be located within
1,000 feet of the boundaries of a property used for residential purposes.
C.
No such adult use shall be located within 1,000 feet of a preexisting
school or place of worship.
D.
No such adult use shall be located within 1,000 feet of any Village
recreational facility.
E.
No such adult use shall be located in any zoning district except
those zoned M-1 or M-2.
A.
The owner of a building or premises, his agent for the purpose 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 Village Clerk of the Village
of Depew the following information:
(1)
The address of the premises.
(2)
The name and address of the owner of the premises and the names and
addresses of the beneficial owners if the property is in a land trust.
(3)
The name of the business or the establishment subject to the provisions
of this chapter.
(4)
The name(s) and address(es) of the owner, beneficial owner or the
major stockholder(s) of the business or establishment subject to the
provisions of this chapter.
(5)
The date of initiation of the adult use.
(6)
The nature of the adult use.
(7)
If the premises or building is leased, a copy of said lease.
B.
It is a violation of this chapter for the owner or person in control
of any property to establish operate thereon or to permit any person
to establish or operate thereon an adult use without having properly
registered said adult use with the Village Clerk.
C.
Registration fee shall be $1,000 annually.
The owner, manager or agent of a registered adult use shall
display in a conspicuous place on the premises of the adult use a
copy of the registration filed with the Village Clerk.
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.
No use as described in this chapter shall be established until the
issuance of a special use permit by the Village Board. Application
for such a special use permit shall be in writing to the Village Board
and shall consist of a description of the premises for which the permit
is sought, a plain and concise statement of the use which is proposed
and such additional information as shall be required by the Village
Board. The Village Board shall call a public hearing for the purpose
of considering the request for such a special use permit. At least
10 days' notice of the time and place of public hearing shall
be given by the publication of a notice in a newspaper of general
circulation in the Village, indicating the general nature of the public
hearing and the fact that those persons interested therein may be
heard at the time and place of such hearing.
B.
A special use permit issued under the provisions of this section
shall not be transferable.
