[HISTORY: Adopted by the Board of Trustees of the Village of Elmira Heights 3-3-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
Zoning — See Ch. 220.
Adult uses, as defined herein, subject to all restrictions contained herein, shall be allowable only in I-1 and I-2 Industrial Districts and only by a special permit issued by the Planning Board and approved by the Board of Trustees after a public hearing.
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. In studying various information and neighborhood studies supplied by the New York State Conference of Mayors and other sources available, the Board of Trustees finds that the risk of blight is significant enough to warrant the restriction and regulation of these uses.
It is further declared that the location of these uses in regard to the areas where our youth may regularly assemble and the general atmosphere encompassing their operations are of great concern to the Village of Elmira Heights.
These special regulations are itemized in this chapter to accomplish the primary purpose of preventing a concentration of these uses in any one area and of restricting their accessibility to minors.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOK STORE
- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes, and which establishment is customarily not open to the public generally but excludes minors by reason of age.
- ADULT DRIVE-IN THEATER
- A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes minors by reason of age.
- ADULT ENTERTAINMENT CABARET
- 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 minors by reason of age.
- ADULT MOTEL
- 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 video tapes which, if presented in a public movie theater, would not be open to the public generally but would exclude minors by reason of age.
- ADULT THEATER
- A theater that customarily presents motion pictures, films, video tapes or slide shows that are not open to the public generally but excludes minors by reason of age.
- PEEP SHOWS
- A theater which presents material in the form of live shows, video tapes or films viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.
The adult uses, as defined above in § 90-3, are to be restricted as to location in the following manner, in addition to any other requirements of this Code.
Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.
Any of the above uses shall not be located within a one-half-mile radius of another such use.
Any of the above uses shall not be located within a five-hundred-foot radius of any church, school or other place of religious worship, park, playground or playing field.
No more than one such use shall be located on any lot.
Any of the above restrictions contained in § 90-4 may be waived by the Village of Elmira Heights Zoning Board of Appeals if the applicant for such waiver shows, and the Board finds, that the following conditions have been met in addition to the general conditions required for such a waiver as otherwise contained in this Code:
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conversion or improvement, either residential or nonresidential.
That 51% or more of the property owners within the restricted area as described above have signed a petition stating that they have no objection to the establishment of one of the uses defined above.