[Added 6-17-2014 by Ord. No. 2014-05]
A.
The purpose of this article is to control through zoning regulations
certain adult-oriented entertainment uses that have a direct and detrimental
effect on the character of the Town's residential neighborhoods and
commercial areas.
B.
It shall not impose a limitation on the content of any communication
materials, including sexually oriented materials as protected by the
First Amendment.
For purposes of this article, the following terms shall have
the meanings indicated:
An adult bookstore, adult theater, adult massage parlor,
adult sauna, adult entertainment center, adult cabaret, adult health/sport
club, adult steam room/bathhouse facility, or any other business whose
primary business activity is characterized by emphasis on matters
depicting, describing, or relating to nudity, sexual conduct, sexual
excitement or sadomasochistic abuse as defined herein.
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering or the depiction of covered
male genitals in a discernibly turgid state and/or the appearance
of bare buttocks, anus, or female breast.
Acts of masturbation, sexual intercourse, or physical contact
with a person's unclothed genitals, pubic area, buttocks, or, if such
person be a female, her breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
The provisions of this article of the Zoning Code shall apply
to all existing and future adult-entertainment-oriented businesses.
However, any such existing business that does not meet the zoning
district restrictions or the distance limitations may continue its
existence as a nonconforming use; provided, however, that no such
business may be enlarged or increased in size or be discontinued for
a period of no more than 180 days.
A.
Zoning district. Adult-use-only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult-oriented entertainment businesses sexual in nature may be operated or maintained only within the CL Local Commercial District with a valid special exception as required in Article XIII of Ch. 525; and provided that it is located on a minor or major arterial road and subject to the distance limitations noted below.
B.
Distance limitations. No adults-only bookstore, adult theaters, adult
massage parlor, adult cabaret, health/sport club, adult steam room/bathhouse
facility, or other adult-oriented entertainment businesses as defined
under this article shall:
(1)
Be operated or maintained within 1,000 feet of the boundary
of any Single-Family Residential District (RSF), Residential Two-Family
District (RTF) or any Multifamily Residential District (RMF);
(2)
Be operated or maintained within 1,000 feet of a church, recreational
site, licensed day care facility, public library, public or private
educational facility which serves persons age 17 or younger, elementary
school, high school, place of worship, or elderly housing facility;
(3)
Be operated or maintained so that there are no more than two
such businesses within 2,500 feet as measured by the radius from each
business;
(4)
Distance limitations set forth herein shall be measured in a
straight line from the main public entrances of said premises or from
the lot lines of properties in Single-Family Residential District
(RSF), Residential Two-Family District (RTF) or any Multifamily Residential
District (RMF).
C.
Same use restrictions. No adult-oriented business shall be located
in the same building or upon the same property as another such use.
D.
Sign limitations. Notwithstanding any other provision of this code,
an adult-oriented entertainment business shall not be permitted more
than one sign advertising its business, which shall be an on-premises
or building sign only. All such signs shall meet the following criteria:
(1)
Have no merchandise or pictures of the products or entertainment
on the premises displayed in window areas or any area where they can
be viewed from the sidewalk in front of the building;
(2)
No sign shall be placed in any window. A one-square-foot sign
may be placed on the door to state hours of operation and admittance
to adults only;
(3)
No sign shall contain any flashing lights, moving elements,
or mechanically changing messages;
(4)
No sign shall contain any depiction of the human form or any
part thereof nor shall it contain sexually explicit language such
as "nude dancing" or "Girls, Girls, Girls," etc;
(5)
No sexually-oriented business may have any off-premises sign;
(6)
In order to allow currently operating adult-oriented entertainment
businesses to recover their financial investment in current signage,
any currently operating adult-oriented entertainment business shall
bring its signage into conformity with the provisions of this subsection
within one year from the date of passage of this article.
E.
Operating standards. All such adult-oriented entertainment businesses
shall operate in accordance with the following:
(1)
No employee shall solicit business outside the building in which
the business is located;
(2)
No male or female person, while on the premises, shall impose
to public view his or her genitals, pubic area, anus, or anal cleft.
Full nudity is prohibited;
(3)
No person on the premises shall engage in sexual conduct, sadomasochistic
abuse or in any way fondle their genitals;
(4)
Nudity is prohibited for any employee of an adult-oriented business
where such person is in direct, personal contact with another person.
F.
Building's exterior appearance. The building's exterior shall meet
the following criteria:
(1)
Colors to be earth or neutral tones with primary accent colors
to be within the same color family;
(2)
Stripes and geometric patterns are prohibited;
(3)
A color scheme which is directly inherent to a unique recognized
architectural style but not otherwise compliant with this article
may be reviewed and approved by the Town Board;
(4)
The exterior shall be adequately maintained in good condition.
This article and its individual provisions are declared to be
severable. If any section, clause, provision, or portion of this article
is declared invalid or unconstitutional by a court of competent jurisdiction,
this decision shall not affect the validity of the ordinance as a
whole. All parts of the ordinance not declared invalid or unconstitutional
shall remain in full force and effect.
In addition to the provisions set forth in this article, any person who violates the provisions of this article shall be subject to a penalty as provided in § 1-7.
