Adult uses shall only be located in an Industrial District pursuant to § 160-11, subject to the annual issuance of a special use permit, renewable once before the anniversary thereof, provided that:
A.
An adult use may not be operated within 200 feet of a dwelling; a
church or other place of worship; a nursery, elementary, secondary
or vocational school; a hospital, nursing home or convalescent home;
a library or museum; a cemetery; the boundary of residential district;
or a public park, playground or recreation area.
B.
An adult use may not be operated within 1,000 feet of another adult
use, or on the same lot or parcel of land.
C.
An adult use may not be operated in the same building structure or
portion thereof, containing another adult use.
D.
For the purposes of this section, measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises where an adult use is conducted, to the nearest property
line of the premises of a dwelling; a church or other place of worship;
a nursery, elementary, secondary, or vocational school; a hospital,
nursing home or convalescent home; a library or museum; a cemetery;
the boundary of a rural residential or medium-density residential
district; or a public park, playground or recreation area.
E.
For the purposes of this section, the distance between any two adult
uses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure
in which each business is located.
F.
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by this chapter shall be able to see any specified
anatomical area or any specified sexual activity by virtue of any
display that depicts or shows that area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
A.
As heretofore provided, a person may operate an adult use in the
Village of Wolcott only with a special permit.
B.
Prior to the commencement of any adult use or upon any transfer of
ownership or control of an adult use the premises must be inspected
by the Code Enforcement Officer or Building/Zoning Officer and found
to be in compliance with all laws, ordinances, rules and regulations
applicable to the use and occupancy for an adult use and in compliance
with the Wolcott Village Code and Uniform Fire Prevention and Building
Code.[1]
C.
All code enforcement officials, including the Village Building Inspector
and/or Code Enforcement Officer, shall complete their certification
that the premises are in compliance or not in compliance within 20
days of the inspection of the premises by such officials.
D.
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit representatives
of the Village Building Department, the Wayne County Sheriffs Department,
the New York State Police, the State Health Department, the Village
Building Inspector, the Village Code Enforcement Officer, the Village
Police Department, or any other Village, county or state department
or agency that has permitting authority regarding the use of the premises
to inspect the premises of an adult use for the purpose of ensuring
compliance with this chapter at any time it is occupied or open for
business.
A.
Any adult use lawfully operating on the effective date of this chapter
that is in violation of the location or structural configuration requirements
of this chapter shall be deemed a nonconforming use. The continuation
of the same use of substantially the same character and intensity
shall be allowed. The nonconforming use will be permitted to continue,
unless terminated for any reason or voluntarily discontinued for a
period of 30 days or more. Such nonconforming use shall not be increased,
enlarged, extended or altered, except that the use may be changed
to a conforming use.
B.
Any adult use lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the operation of
the adult use, of a church, public or private elementary school or
secondary school, public park, residential zoning district, or a residential
lot within 1,000 feet of the adult use business.
Signs for adult use businesses shall be governed by § 160-16B(21) of the Wolcott Village Code.
