[Added 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993]
A.
Adult uses, as hereinafter defined, shall be allowable in any M-1 Manufacturing District, subject to the approval procedure set forth in Article X, as well as any additional requirements set forth below, and subject to the licensing requirements of any other applicable local law.
B.
Purposes and considerations.
(1)
In the execution of this article, it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these
uses in regard to areas where our youth may regularly assemble and
the general atmosphere encompassing their operation is of great concern
to the Village of Mamaroneck.
(3)
These special regulations are itemized in this article
to accomplish the primary purposes of preventing a concentration of
these uses in any one area and restricting their accessibility to
minors.
As used in this article, the following terms
shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily not open
to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures
that is not open to the public generally but excludes any minor by
reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A motel which is not open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that is not open to the public generally
but excludes any minor by reason of age.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
The adult uses as defined in § 342-109 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
A.
Any of the above uses shall not be located within
a five-hundred-foot radius of any area zoned for residential use.
B.
Any of the above uses shall not be located within
a one-half-mile radius of another such use.
C.
Any of the above uses shall not be located within
a five-hundred-foot radius of any school, church or other place of
religious worship, park, playground or playing field.
The restrictions enumerated in § 342-110 above may be waived by the Board of Appeals if the applicant shows and the Board finds that the following conditions have been met, in addition to the general conditions contained in Article X of this chapter:
A.
The proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and
intent of this Article will be observed.
B.
The establishment of an additional use of this type
in the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
No more than one of the adult uses as defined
above shall be located on any lot.
