Home occupations shall be permitted, after the issuance of a
zoning permit, provided that the use shall be clearly incidental to
the residential use of the dwelling and that it meets the following
criteria:
A. A maximum of one employee working at any one time may not be a resident
of the dwelling.
B. The use shall be conducted entirely within the dwelling or in appurtenant
structures.
C. One identification sign is allowed that does not exceed two square
feet and is attached to the building.
D. There shall be no outside display of materials or finished products.
E. Operation of this use shall not cause undue noise, traffic, odors,
or lighting glare that are detrimental to the neighborhood.
F. Permitted home occupations:
(1) Seamstress, dressmaker, milliner;
(3) Musical instrument or voice instructor;
(4) Painting, sculpturing, writing;
(5) Home crafts, such as model making, rug weaving, lapidary work, and
wood crafting;
(6) Home cooking and preserving;
(8) Beauty shop, including hair salon, manicures;
(9) Home office for insurance agent, lawyer, or accountant;
G. Prohibited as home occupations:
For the purpose of this §§
132-57 through
132-70, the following terms shall have the meanings indicated:
ADULT BUSINESS
A commercial establishment that defines itself primarily
through its exclusion of minors and, to a lesser extent, through its
exterior signs and advertisements.
ADULT CABARET
A building or portion of a building regularly featuring dancing
or other live entertainment if such building or portion of a building
as a prevailing practice excludes minors by virtue of age, or if the
dancing or entertainment is distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons therein.
ADULT ENTERTAINMENT BUSINESS
Any business entity which knowingly, or with reason to know,
permits, suffers or allows private performance as defined in this
chapter. "Adult entertainment business" also shall be defined to include
but not be limited to adult cabaret, adult media outlet, adult mini-motion-picture
theater, adult motion-picture theater, and any other specific adult
businesses that might be included.
ADULT MEDIA
Magazines, books, videotapes, movies, slides or other media
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
ADULT MEDIA OUTLET
An establishment that rents or sells books, magazines, videotapes,
slides, movies or other media, and meets either of the following tests:
more than 25% of the gross floor area is devoted to adult media; or
more than 50% of the gross sales (including rentals) result from the
sale or rental of adult media.
ADULT MINI-MOTION-PICTURE THEATER
A building or portion of a building with a capacity for less
than 50 persons used for presenting material if such building or portion
of a building as a prevailing practice excludes minors by virtue of
age, or if such material is distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
A building or portion of a building with a capacity of 50
or more persons used for presenting material if such building or portion
of a building, as a prevailing practice, excludes minors by virtue
of age, or if such material is distinguished or characterized by an
emphasis on the depiction or description of specified sexual activities
or specified anatomical areas for observation by patrons therein.
ADULT USE
Adult use includes any use which, by its sexually oriented
nature, is directed toward the adult population and excludes minors
due to age. Such uses include an escort bureau, massage parlor, bathhouse
or hourly motel, an adult motion-picture theater, an adult mini-motion-picture
theater, and adult media outlet.
ADULT USE, LICENSED
An escort bureau, adult entertainment establishment, massage
parlor or bathhouse licensed under other ordinances, local laws or
by a state agency.
PRIVATE PERFORMANCE
Engaging in specified sexual activities or the display of
any specified anatomical area by an employee to a person other than
another employee while the person is in an area not accessible during
such display to all other persons in the establishment or while the
person is in an area in which the person is totally or partially screened
or partitioned during such display from the view of all persons outside
the area.
SPECIFIED ANATOMICAL AREAS
These include less than completely and opaquely covered:
human genitals, pubic region, buttock and female breast below a point
immediately above the top of the areola; and human male genitals in
a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual intercourse or sodomy or fondling
of or other touching or other erotic touching of human genitals, pubic
region, buttock or female breast.
For the purposes of this section, all uses set forth in §
132-57, Adult entertainment definitions, the definitions of "adult cabaret" through and including "adult use, licensed," shall be known as "adult entertainment businesses."
No adult use shall be established except upon the approval of
special use permit from the Planning Board. Adult uses shall only
be allowed by special use permit in the IND-A District.
No adult uses shall be located within 500 feet of any other
adult uses.
No adult entertainment business shall be permitted unless located
within Zone Industrial-A in which such businesses are permitted and,
in addition, the structure of the adult entertainment business is
located no closer than:
A. Five hundred feet from the property line of any of the following:
(1) A public or private educational facility.
(3) A licensed day-care center, nursery school or preschool.
(5) A municipal park, playground or forest preserve.
B. Two hundred fifty feet from a residential zone.
C. One hundred feet from a highway (road) right-of-way.
No adult use shall be located in any building that is used in
whole or in part for residential uses.
All building openings, including doors and windows, shall be
located, covered or screened in such a way as to prevent a view into
the establishment from any public street, sidewalk or parking area.
Interior signs, displays or other advertisements containing nude,
seminude, or provocative pictures shall not be visible from the exterior
of the establishment.
As a condition of approval of any adult use, there shall be
a restriction that there shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the
name of the establishment. Such sign shall be reviewed by the Planning
Board in conjunction with the site plan review and shall conform to
all signage requirements of this chapter.
Loudspeakers or sound equipment used by adult uses shall not
be audible by the public from any public street, sidewalk or parking
area.
The use will not unreasonably increase or introduce traffic
congestion or safety hazards or impose traffic volume on streets and
street patterns which are deficient in width, design, sight distance,
intersection configuration, or other typical standards necessary to
accommodate such traffic changes.
The use makes provision for safe and adequate off-street parking
in accordance with these regulations. Parking should consist of one
space per 100 square feet of gross floor area plus one space for each
employee, at a minimum.
The use and proposed design of the building and other structures
and site facilities for the use are appropriate in the proposed location
and have incorporated reasonable efforts to harmonize with surrounding
uses and mitigate any adverse impacts on surrounding uses, including,
but not limited to, traffic congestion and hazards, untimely scheduling
of activities, removal of trees and other established natural features,
and excessive stormwater runoff, noise, nuisance, odors, glare or
vibration.
The cumulative impacts of the use in the proposed location will
not unreasonably interfere with or diminish the continued use, preservation,
stability, value, enjoyment, prosperity or growth of the neighborhood
or community.
Any adult entertainment business lawfully operating on the effective date of §§
132-57 through
132-70 and not permitted as required by §§
132-57 through
132-70 shall have 30 days to apply for a permit as authorized by §§
132-57 through
132-70. In the event such permit is denied because the business cannot be operated in a location or manner as permitted by §§
132-57 through
132-70, such operation shall be deemed a nonconforming use. Such nonconforming use shall be permitted to operate for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
[Added 6-10-2019 by L.L.
No. 2-2019]
Bicycle/pedestrian trail facilities shall be a permitted use
in all zoning districts within the Village of Clayton.