[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 3-3-1999 by L.L. No. 1-1999. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
Adult uses, as defined herein, subject to all restrictions contained
herein, shall be allowable only in I-1 and I-2 Industrial Districts and only
by a special permit issued by the Planning Board and approved by the Board
of Trustees after a public hearing.
A.
In the execution of this chapter 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. In studying various
information and neighborhood studies supplied by the New York State Conference
of Mayors and other sources available, the Board of Trustees finds that the
risk of blight is significant enough to warrant the restriction and regulation
of these uses.
B.
It is further declared that the location of these uses
in regard to the areas where our youth may regularly assemble and the general
atmosphere encompassing their operations are of great concern to the Village
of Elmira Heights.
C.
These special regulations are itemized in this chapter
to accomplish the primary purpose of preventing a concentration of these uses
in any one area and of restricting their accessibility to minors.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines, other periodicals, films, slides and
video tapes, and which establishment is customarily not open to the public
generally but excludes minors by reason of age.
A drive-in theater that customarily presents motion pictures that
are not open to the public generally but excludes minors 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 minors 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, in their rooms,
films, slide shows or video tapes which, if presented in a public movie theater,
would not be open to the public generally but would exclude minors by reason
of age.
A theater that customarily presents motion pictures, films, video
tapes or slide shows that are not open to the public generally but excludes
minors by reason of age.
A theater which presents material in the form of live shows, video
tapes or films viewed from an individual enclosure, for which a fee is charged
and which is not open to the public generally but excludes minors by reason
of age.
The adult uses, as defined above in § 90-3, are to be restricted as to location in the following manner, in addition to any other requirements of this Code.
A.
Any of the above uses shall not be located within a five-hundred-foot
radius of any area zoned for residential use.
B.
Any of the above uses shall not be located within a one-half-mile
radius of another such use.
C.
Any of the above uses shall not be located within a five-hundred-foot
radius of any church, school or other place of religious worship, park, playground
or playing field.
D.
No more than one such use shall be located on any lot.
Any of the above restrictions contained in § 90-4 may be waived by the Village of Elmira Heights Zoning Board of Appeals if the applicant for such waiver shows, and the Board finds, that the following conditions have been met in addition to the general conditions required for such a waiver as otherwise contained in this Code:
A.
That 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.
B.
That the establishment of an additional use of this type
in the area will not be contrary to any program of neighborhood conversion
or improvement, either residential or nonresidential.
C.
That 51% or more of the property owners
within the restricted area as described above have signed a petition stating
that they have no objection to the establishment of one of the uses defined
above.
