Clinton Village City Zoning Code
ARTICLE XV
Regulation of Adult Business and Entertainment
§ 260-52 Adult business and entertainment.
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:
To preserve the public peace and good order; to prevent loitering about places relating to adult businesses; to prevent unreasonably loud and disturbing noises as to be detrimental to the peace; and
To promote the health, safety, economic vitality or general welfare of the community, including the protection and preservation of the property of Village and of its inhabitants.
§ 260-53 Definitions.
General. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Specific terms. As used in this article, the following terms shall have the meanings indicated:
An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, 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 or business containing 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, which features topless dancers, strippers, male or female impersonators or similar entertainers.
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 or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials 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 matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstore, adult motion-picture theaters, adult mini motion-picture theaters, and adult entertainment cabarets.
Any commercial enterprise, association or arrangement for profit.
The transfer of possession, custody control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis of matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
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 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.
§ 260-54 Restrictions.
In addition to the requirements of this chapter, adult uses as defined in § 260-53B shall be permitted subject to the following restrictions:
No adult use shall be allowed within 1,000 feet of another existing adult use.
No adult use shall be located within 500 feet of any residential district, municipal or county playground or place of public resort and recreation or of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades, restaurants or similar enterprises catering to or frequently attended by minors under the age of 18 years.
No adult use shall be located within 1,000 feet of a preexisting school, school bus stop or place of worship.
No adult use shall be located in any zoning district, except those districts zoned as a commercial (C-1, C-2).
This chapter shall not apply to any establishments existing on the effective date this chapter.
§ 260-55 Observation from public way prohibited; signage.
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 as discussed in § 260-53B from any public way or from any property not registered as an adult use. This subsection shall apply to any display, decoration, sign, show window, screen or other opening.
Sign prohibiting minors required. An adult use business shall display one exterior sign giving notice that the premises is off limits to minors.
§ 260-56 Buffer area.
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.
§ 260-57 Site plan review and approval.
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.
§ 260-58 Penalties for offenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.