[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park by L.L.
No. 2-1993. Amendments noted where applicable.]
A.
In the execution of this chapter 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.
B.
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 Island Park.
C.
These special regulations are itemized in this chapter
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 chapter, the following adult
uses are defined as follows:
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 are 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, which is not open to the public generally
but excludes any minor by reason of age.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barber shops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
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.
Notwithstanding any provision of this chapter to the contrary, the adult uses defined above shall be restricted as to location in the following manner in addition to any other requirements of Chapter 625, Zoning, or the Village Code:
A.
None of the above uses shall be located within a radius
of 500 feet of any residential district.
B.
None of the above uses shall be located within a radius
of 500 feet of another such use.
C.
None of the above uses shall be located within a radius
of 2,500 feet of any school, church or other place of religious worship,
park, playground or playing field.
D.
Not more than one of the above uses shall be located
on any lot.
