[Added 11-14-1994; amended 12-13-1999]
The City of Batavia Adult Use Study finds that
there are some uses which, due to their very nature, have serious
objectionable characteristics and have deleterious effects on adjacent
areas. The negative secondary effects of adult uses are further heightened
by their concentration in any one area. The location of these uses
in regard to areas where our youth may generally assemble and the
general atmosphere encompassing their operation is of great importance
to the City of Batavia. Special regulation of these uses is necessary
to ensure that these adverse effects will not cause or contribute
to the blighting or downgrading of surrounding neighborhoods and land
use thereby having a direct deleterious effect on the health, safety
and general welfare of the City of Batavia and its inhabitants.
[Amended 6-25-2001 by L.L. No. 1-2001]
See definitions in § 190-3.
Adult uses, including but not limited to an
adult bookstore, adult eating or drinking establishment, adult entertainment
cabaret, adult mini-motion-picture theater, adult motion-picture theater,
adult motel, massage establishment, nude model studio, peep shows,
and sexual encounter center, shall be subject to the following regulations:
A.
No such adult uses shall be allowed within 500 feet
of another existing adult use.
B.
No such adult use shall be located within 300 feet
of the boundaries of any zoning district which is zoned for residential
use (those zones designated R-1, R-1A, R-2 or R-3).
C.
No such adult uses shall be located within 1,000 feet
of a preexisting school, place of worship, public playground or park.
D.
No such adult use shall be located in any zoning district
except the Industrial (I-1) District.
E.
No adult use shall be conducted in any manner that
permits the observation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas from
any public way or from any property not classified as an adult use.
This provision shall apply to any display, decoration, sign, show
window or other opening.
Any adult stock-in-trade as defined in § 30.54(1) of this article located within any commercial establishment in which the entire establishment is not devoted to adult materials or uses, shall be physically segregated from the nonadult use materials in order to facilitate the calculations of the percentages of floor area as set forth in § 190-3 of this chapter; and the display, storage or sale of adult materials or uses in the segregated area shall be made in a manner that does not permit the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas, by any person or member of the public who is present in the areas pertaining to nonadult uses.
No adult use described in this article shall be established until the granting of a special use permit by the City of Batavia Planning and Development Committee, to be issued pursuant to the applicable terms and procedures for special use permits in this chapter; however, the only standards and criteria to be used in the reviewing process shall be the ones set forth for site plan review in § 190-44 of this chapter.
