Purpose. It is recognized that buildings and establishments operated as adult businesses and for adult entertainment have serious objectionable operational characteristics that result in detrimental secondary effects. These secondary effects as found in community studies often include but are not limited to declining property values, deterioration of community character and quality of life, an increase in crime, an increase in health problems, negative perception of neighborhoods where adult businesses exist and the possibility of residents avoiding areas where adult businesses exist thereby creating a "dead zone." This chapter restricts adult uses to nonresidential areas of the Village. However, the Planning Board has identified that sexually oriented materials are readily accessible and available in the home by use of cable television and use of the internet which permit the order and delivery of videos, books and other materials to any local address. The Village Board further finds that the operational characteristics of adult businesses increase the detrimental impact on a community when such uses are concentrated. This chapter is designed to address the substantial government interest of the Village of Clinton by preventing crime, maintaining property values, protecting the Village retail trade, and generally protecting and preserving the quality of neighborhoods, commercial districts and the quality of village life; and further:

In addition to the requirements of this chapter, adult uses as defined in § 260-53B shall be permitted subject to the following restrictions:

Every adult use business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings, to the satisfaction of the Planning Board and Village Board. This subsection shall not apply to an adult use business already lawfully established on the effective date of this chapter.

An adult use as described in this chapter shall be established only after a site plan review and approval of the Planning Board. Application for such a site plan review and approval shall be in conformity with this chapter and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every site plan review to be issued under the provisions of this section. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Village of Clinton, indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.

Any person, firm or corporation with a substantial connection to a business involving adult use violating any of the provisions of this article shall be guilty of a violation punishable by a fine as set forth in Chapter 1, Article II, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.