Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[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:
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.
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.
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.
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.