[Added 7-11-1994 by L.L. No. 6-1994]
A.
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 within the Incorporated Village
of Freeport.
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 Mayor, Board of Trustees and residents of the Incorporated
Village of Freeport.
C.
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:
A commercial establishment which, as its principal business
purpose, offers for sale or rental for any form of consideration books,
magazines, other periodicals, films, slides, videotapes, games, novelties
or other material which is distinguished or characterized by an emphasis
on depicting or describing sexual conduct or specified anatomical
areas and which establishment is customarily 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 which is distinguished or characterized
by an emphasis on depicting or describing sexual conduct or specified
anatomical areas 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, via
closed-circuit television, films, slide shows, videotapes or cable
television, programming which is distinguished or characterized by
an emphasis on depicting or describing sexual conduct or specified
anatomical areas and 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 or drive-in theater that customarily presents motion
pictures, films, videotapes or slide shows distinguished or characterized
by an emphasis on depicting or describing sexual conduct or specified
anatomical areas and which are not open to the public generally but
excludes any minor by reason of age.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments or any other treatment or manipulation of the
human body occurs as part of or in connection with sexual conduct
or where any person providing such treatment, manipulation or service
related thereto exposes specified anatomical areas. 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 barbershops 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, racquet ball
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 which is
distinguished or characterized by an emphasis on acts or material
depicting, describing or relating to sexual conduct or specified anatomical
areas and 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 article 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 this Chapter 210, Zoning, of the Code of the Village of Freeport:
A.
Any of the of the above uses shall not be located
within a one-thousand-foot radius of any Residence A District, Residence
AA District, Residence Apartment District, Marine Residence District
and Marine Apartment-Boatel and Condominium District.
B.
Any of the above uses shall not be located within
a one-thousand-foot radius of another such use.
C.
Any of the above uses shall not be located within
a one-thousand-foot radius 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.
E.
For purposes of this article, any such use in whatever
district it shall be located shall conform to the standards for building
height, lot size, lot coverage, floor area, required yards, parking
restrictions, vehicular access and garbage area of the particular
district in which said use is situated.
F.
Termination of legal nonconforming use.
(1)
By amortization, the right to maintain any of the
above uses as a legal nonconforming use shall terminate in accordance
with the following schedule:
|
Dollar Amount of Capital Investment as
of the Effective Date of this Article
|
Date Before Which Use Shall Terminate
| |
|---|---|---|
|
0 to 8,000
|
January 1, 1996
| |
|
8,001 to 13,000
|
January 1, 1997
| |
|
13,001 to 24,000
|
January 1, 1998
| |
|
24,001 to 35,000
|
January 1, 1999
| |
|
35,001 or more
|
January 1, 2000
|
(2)
The term "capital investment," as used above, is defined
to mean the initial outlay by the owner or operator of the use to
establish the business of the effective date of this article, exclusive
of the fair market value of the structure in which the use is located.
G.
If any two or more adult uses lawfully existing upon
the effective date of this article shall become legally nonconforming
by the sole basis of their distance from each other, then the adult
use that has been in lawful existence for the longer or longest period
of time shall be permitted to remain and such other lawfully existing
adult use(s) shall be subject to amortization as provided herein.
