[HISTORY: Adopted by the Town Board of the Town of Avon 5-12-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 130.
A.
The intent of this chapter is to control the secondary
effects of adult entertainment on the surrounding community. In furtherance
of that intent, the Town has reviewed and considered published reports and
the reports of surrounding communities concerning zoning for adult entertainment
prior to enacting this chapter. The Town has also undertaken its own study
of the secondary effects of adult entertainment on the community. Those reports
indicated that the concentration of adult entertainment businesses can cause
traffic problems, which may result in the ultimate loss of business to surrounding
nonadult entertainment businesses. The reports also indicated that the concentration
of adult entertainment businesses can lead to a decline in property values,
increased criminal activity and overall deterioration of the neighborhood.
In addition, the presence of adult entertainment businesses can drive out
other nonadult entertainment businesses because some residents will not enter
an area where adult entertainment businesses are located.
B.
The specific intent of this chapter is to protect against
increased criminal activity in any one location; to protect the Town's retail
trade; to protect property values; to protect and preserve the quality of
the Town's neighborhoods and commercial districts; and to preserve the integrity
of areas within the Town where families may gather, including schools, parks
and religious institutions.
C.
This chapter is being enacted in conjunction with the
Town of Avon's Comprehensive Plan.
A.
There are some land uses which, due to their very nature,
have serious objectionable characteristics. The objectionable characteristics
are further heightened by their concentration in any one area, thereby creating
deterioration to the neighborhood. 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. Adult uses can
be detrimental to the maintenance and development of healthy commercial and
residential areas. This chapter is being enacted to help control the secondary
effects that adult uses can have on the surrounding areas.
B.
The location of adult uses in relation to areas where
our youth may regularly gather and the general atmosphere encompassing their
operation is of great concern to the Town of Avon.
C.
Special regulations are itemized in this chapter to accomplish
the primary purposes of preventing a concentration of adult uses in any one
area and restricting their accessibility by minors.
As used in this chapter, the following terms shall have the meanings
indicated:
A business 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 patrons 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 patrons by reason of age.
A motel which is not open to the public generally but excludes patrons
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 patrons by reason of
age.
A theater, including drive-in theaters, which customarily presents
motion pictures, films, videotapes or slide shows, that is not open to the
public generally but excludes patrons 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 barbershops
or beauty salons in which massages are administered only to the scalp, face,
neck or shoulders. In addition, this definition excludes 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.
An establishment 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 patrons
by reason of age.
A.
Adult uses, as defined in § 37-3 above, are to be restricted as to the location in the following manner in addition to any other requirements of this Code:
(1)
Any of the above adult uses shall not be located within
a one-thousand-foot radius of any area zoned for residential use.
(2)
Any of the above adult uses shall not be located within
a one-half-mile radius of another such adult use.
(3)
Any of the above adult 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.
B.
The restrictions enumerated in Subsection A above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met:
(1)
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;
(2)
The establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential; and
