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.
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.
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 church, school or other place of religious worship, park, playground
or playing field.
D. 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:
A. 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.
B. 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.
C. 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.