Freeport City Zoning Code
ARTICLE XXVI
Adult Uses
§ 210-258 Legislative intent.
A.
In the execution of this article, 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 within the Incorporated Village of Freeport.
B.
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Mayor, Board of Trustees and residents of the Incorporated Village of Freeport.
C.
These special regulations are itemized in this article to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
§ 210-259 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A commercial establishment which, as its principal business purpose, offers for sale or rental for any form of consideration books, magazines, other periodicals, films, slides, videotapes, games, novelties or other material which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and which establishment is customarily not open to the public generally but excludes any minor 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 which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and which establishment is customarily not open to the public generally but excludes any minor 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, via closed-circuit television, films, slide shows, videotapes or cable television, programming which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and 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.
A theater or drive-in theater that customarily presents motion pictures, films, videotapes or slide shows distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and which are not open to the public generally but excludes any minor by reason of age.
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of 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, racquet ball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas and for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
§ 210-260 Restrictions.
Notwithstanding any provision of this article to the contrary, the adult uses defined above shall be restricted as to location in the following manner in addition to any other requirements of this Chapter 210, Zoning, of the Code of the Village of Freeport:
A.
Any of the of the above uses shall not be located within a one-thousand-foot radius of any Residence A District, Residence AA District, Residence Apartment District, Marine Residence District and Marine Apartment-Boatel Condominium and Cooperative District.
[Amended 10-21-2024 by L.L. No. 1-2024]
B.
Any of the above uses shall not be located within a one-thousand-foot radius of another such use.
C.
Any of the above uses shall not be located within a one-thousand-foot radius of any school, church or other place of religious worship, park, playground or playing field.
D.
Not more than one of the above uses shall be located on any lot.
E.
For purposes of this article, any such use in whatever district it shall be located shall conform to the standards for building height, lot size, lot coverage, floor area, required yards, parking restrictions, vehicular access and garbage area of the particular district in which said use is situated.