Aurora City Zoning Code
ARTICLE V
Adult Uses
§ 116-59 Purpose.
Buildings and establishments operated as adult uses are detrimental and harmful to the health, safety, morals and general welfare of a community in that they engender adverse effects which contribute to the blighting or downgrading of a surrounding neighborhood. In order to promote the health, safety, morals and general welfare of the residents of the Town of Aurora, this section is intended to restrict adult uses to nonresidential areas of the Town and to otherwise regulate their operation. Moreover, because the operational characteristics of adult uses which are concentrated in a particular area are such that the deleterious impact on the surrounding neighborhood is increased, this section is intended to promote the health, safety, morals, general welfare and good order of the residents of the Town of Aurora by regulating the concentration of such uses.
§ 116-60 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
A public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless dancers, strippers, or similar entertainers.
[Amended 12-27-2022 by L.L. No. 7-2022]
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult motion-picture theaters, adult mini motion-picture theaters and adult entertainment cabarets.
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
§ 116-61 Restrictions affecting adult uses.
Adult uses, including but not limited to adult bookstores, adult motion-picture theaters, adult mini motion-picture theaters and adult entertainment cabarets, shall be permitted, subject to the following restrictions:
A.
No such adult use shall be allowed within 500 feet of another existing adult use.
B.
No such adult use shall be located within 500 feet of the boundaries of any premises zoned R-1, R-2, R-3, or RR, nor shall such use be located within 500 feet of the boundaries of a property used for residential purposes.
C.
No such adult use shall be located within 500 feet of a preexisting school or place of worship, public park, playground or playing field.
D.
No such adult use shall be located in any zoning district except those zoned C3 (Commercial 3).
§ 116-62 Registration.
A.
No person, firm or corporation shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this section as set forth below.
B.
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate, or allowed to continue to operate, until a certificate or registration is filed with the Clerk of the Town of Aurora. Such certificate shall contain the following information:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
(3)
The name of the business or the establishment subject to the provisions of this section.
(4)
The name(s), business and home address(es) and business or home phone number(s) of all owners of the business or establishment subject to the provisions of this section.
(5)
The name(s), business and home address(es) and business or home phone number(s) of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.
(6)
The date of the initiation of the adult use.
(7)
The nature of the adult use.
(8)
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
C.
If there occurs any change in the information required for the certificate of registration, the Clerk of the Town of Aurora shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.
D.
The processing fee for each such certificate of registration or amendment thereto shall be $50.
E.
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration.
F.
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
G.
Any knowingly false statement, or any statement which the registrant or applicant should have known to be false, which is provided in the certificate of registration, or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.
H.
It is a violation of this section for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.
§ 116-63 Prohibition regarding public observation.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
§ 116-64 Special use permit.
A.
No use as described in this section shall be established until a special use permit is issued by the Town Board of the Town of Aurora. Application for such a special use permit shall be in conformity with Article III of this chapter and as provided for herein.
B.
A special use permit issued under the provisions of this article shall not be transferable.