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:
ADULT BOOKSTORE
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.
ADULT ENTERTAINMENT CABARET
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.
ADULT MASSAGE PARLOR
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.
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region or female breast below a point immediately above the top of
the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
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.
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.