[Added 5-3-1999 by L.L. No. 4-1999]
There is presently in the Western New York community
a growing number of adult entertainment business uses and an increasing
trend toward the concentration of adult entertainment establishments.
Based upon the widely reported results of studies documenting and
evaluating the nature and extent of adverse secondary effects caused
by sexually oriented entertainment business uses in many communities
in New York State and elsewhere in the United States, including a
1994 study by the New York City Department of City Planning, a 1984
study by the Division of Planning of Indianapolis, Indiana's Department
of Metropolitan Development, a 1980 study by the Town of Islip, New
York, a 1980 study in Minneapolis, Minnesota, a 1986 study undertaken
in Oklahoma City, Oklahoma, and a 1977 Cleveland, Ohio Police Department
report, and mindful of the results of numerous other studies and reports
from Beaumont, Austin, Amarillo and El Paso, Texas, the Village of
Westbury, New York, the cities of Los Angeles, Garden Grove and Whittier,
California, and the cities of St. Paul, Minnesota, Detroit, Michigan,
Las Vegas, Nevada, Phoenix, Arizona, and Cleveland, Ohio, and based
upon the Village of Springville Planning Board's own study and recommendations
concerning these matters, the Board of Trustees hereby finds ample
evidence that adult entertainment uses do have many serious negative
secondary impacts upon a community, such as increased crime rates,
depreciation of property values and a deterioration of a community's
business districts, its character and quality of life.
This article is intended to regulate sexually
oriented business uses that because of their very nature are recognized
as having serious undesirable secondary effects upon adjacent areas
and, over time, can have significant negative impact upon other types
of business development in the area. Special regulation of these sexually
oriented business uses is deemed necessary to ensure that these adverse
effects will not negatively impact neighboring business uses and will
not create pockets of blight or otherwise contribute to the downgrading
of the surrounding neighborhoods. It is also recognized that because
the Village of Springville is a relatively small, rural residential
community, its resources would be severely strained to adequately
address the potential of increased demand for law enforcement and
crime prevention. The concentration or proliferation of such uses
could cause the degradation of the community's small retail areas,
the decline in property values and overall quality of our neighborhoods
and could consequently significantly and adversely affect the welfare
of the entire Village. The provisions of this article are deemed minimally
necessary to reduce or prevent such deleterious secondary effects.
These special regulations are intended to accomplish the primary purpose
of preventing a concentration of these uses in any one area, restricting
their accessibility to minors, placing them away from the residential
areas and in a zoning district currently containing business uses
that will not as likely be overwhelmed by the secondary effects of
their presence.
As used in this chapter, the following terms
shall have the meanings indicated:
A place that sells (or rents) or offers for sale (or rental)
adult material, the gross sale and/or rental value of which represents
more than 10% of the gross sales (and/or rentals) of the place, or
that comprises more than 10% of the individual items displayed on
the premises as stock in trade.
A public or private establishment that permits or allows
performers, dancers or other entertainers to display or expose specified
anatomical areas or specified sexual activity.
An adult bookstore, an adult entertainment cabaret, an adult
motion picture theater, an adult motel, a massage establishment, a
peep show or other business establishment or private club or association
presenting entertainment or products for its patrons or members that
are characterized by an emphasis on or having as a primary or dominant
or significantly prominent theme the display, sale, rental or exhibition
of adult material or the presentation of specified sexual activity
or specified anatomical areas for entertainment purposes.
Any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes, slides
or other visual representations or recordings, novelties and devices
that have as their primary or dominant theme matter depicting, illustrating
or describing specified sexual activity or specified anatomical areas.
Instruments, devices or paraphernalia designed
for use in connection with specified sexual activity.
A motel which is not open to the public generally but excludes
minors 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 any minor by reason of age.
Premises used for presenting films, motion pictures and/or
videos, whether viewed in private booths or public assembly areas,
which films, motion pictures and/or videos are characterized by an
emphasis on matter depicting or describing or related to specified
sexual activity or specified anatomical areas for observation by patrons
therein for entertainment purposes.
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 New York State licensed massage therapist, 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, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
A theater which presents adult material in the form of live
shows, films or videotapes, viewed from an individual enclosure, for
which a fee or other payment is assessed or charged and which is not
open to the public generally but excludes any minor by reason of age.
A public or private facility that provides a curriculum of
basic, elementary or secondary academic instruction, including a preschool
facility, a special education facility, a kindergarten, elementary
school, junior high school, middle school and high school.
Human genitals in a state of sexual stimulation
or arousal.
Any act of human masturbation, sexual intercourse
or sodomy.
Fondling or other erotic touching of the human
genitals, pubic region, buttocks or breasts.
Any act of actual or apparent human sexual activity,
sexual stimulation, sadomasochistic abuse or sexual gratification.
Regulated uses include all adult entertainment
establishments or uses which include, but are not limited to, the
following:
An adult entertainment establishment shall be
permitted subject to the lot size, parking and other regulations of
this chapter normally applicable to the underlying nature of the particular
use (e.g., bookstore, theater, etc.) and also subject to the following
additional restrictions:
A.Â
No adult entertainment establishment shall be allowed
on a lot any part of which is within 500 feet of the nearest boundary
line of any other lot containing an adult entertainment establishment,
without regard to whether the existing adult entertainment establishment
is in the Village of Springville or in an adjoining municipality.
B.Â
No adult entertainment establishment shall be located
on a lot any part of which is within 1,000 feet of the nearest boundary
line of any zoning district which is zoned for residential use or
the nearest boundary line of any lot currently used for residential
purposes.
C.Â
No adult entertainment establishment shall be located
within 1,000 feet of a school, public library, civic center, municipal
building, youth-oriented or child day-care center, park, playground,
motion picture theater or other area where children under the age
of 17 normally congregate for the purpose of entertainment, education,
medical or custodial care or a place of religious worship, such as
a church, synagogue or temple, or a monastery, rectory or convent
or a hospital or medical center.
D.Â
No more than one adult entertainment establishment
shall be located on any lot.
E.Â
No adult entertainment establishment shall be located
in any zoning district except as a special exception use in a CIP
Commercial-Industrial Park District.
A.Â
Prior to the commencement of an adult entertainment
establishment use on premises within the Village of Springville, the
owner of a building or premises, his or its agent for managing or
controlling rents or any other person managing or controlling a building
or premises, any part of which contains an adult entertainment establishment,
shall register with the Code Enforcement Officer of the Village of
Springville the following information on a registration form prepared
and provided by the Code Enforcement Officer at the request of the
registrant:
(1)Â
The names and addresses of all the owners of the premises
and the names and addresses of the beneficial owners if the property
is in a land trust.
(2)Â
The name of the business or the establishment subject
to the provisions of this article and its street address.
(3)Â
The names and addresses of all the owners, all beneficial
owners or the major owners of the business or the establishment subject
to the provisions of this article. "Major owner" shall include any
person or entity owning 5% or more of the ownership interest of a
corporation, partnership or other business entity.
(4)Â
The names and addresses of the president and secretary
of the corporation or the managing partner of the partnership that
will operate the adult entertainment establishment at the premises.
(5)Â
The expected date of commencement of the adult entertainment
establishment use.
(6)Â
The type or nature of the adult entertainment establishment.
(7)Â
If the premises or building is leased, a copy of the
current lease must be attached.
B.Â
Until there has been a special use permit granted by the Planning Board following the required public hearing and proper registration of the information required in Subsection A, the Code Enforcement Officer shall not issue a certificate of occupancy for the adult entertainment establishment.
C.Â
It is unlawful for the owner or person in control of any real property within the Village of Springville to establish or operate thereon or to allow any person to establish or operate thereon an adult entertainment establishment without first having properly registered the information required in Subsection A with the Code Enforcement Officer.
No adult entertainment establishment shall be
conducted in any manner that allows the observation of any adult material
or performance or any material depicting or describing specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult entertainment establishment.
This provision shall apply to any display, decoration, sign, show
window or other opening.
A.Â
In the event that an adult entertainment establishment
should be located in the Village of Springville on the effective date
of this article and is not in conformance with the provisions of this
article, it shall relocate or otherwise terminate its nonconforming
use in accordance with the following amortization schedule:
|
Amount of Capital Investment on Effective
Date of Article
|
Date by Which Nonconforming Use Shall
Terminate
| |
|---|---|---|
|
0 to $5,000
|
July 1, 2000
| |
|
$5,001 to $10,000
|
January 1, 2001
| |
|
$10,001 to $15,000
|
July 1, 2001
| |
|
$15,001 to $20,000
|
January 1, 2002
| |
|
$20,001 to $30,000
|
July 1, 2002
| |
|
$30,001 to $45,000
|
January 1, 2003
| |
|
$45,001 to $60,000
|
July 1, 2003
| |
|
$60,001 or more
|
January 1, 2004
|
B.Â
The term "capital investment" as used in the foregoing
amortization schedule shall mean the initial outlay of money by the
owner or operator of the use to establish the use or that part of
the use that does not conform to the provisions of this article, exclusive
of the fair market value of the structure in which the use is located.
The provisions of this article shall be severable,
and if any clause, sentence, paragraph, section or part of this article
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
