Lancaster City Zoning Code
ARTICLE XI
Adult Uses
§ 350-85 Purpose.
Buildings and establishments operated as adult uses have the characteristic result of creating a skid-row effect on adjoining properties. In order to prevent deteriorating property values, higher crime rates, traffic congestion and depressed neighborhood conditions in the Village of Lancaster, this article is intended to relegate and restrict adult uses to nonresidential, nonbusiness and noncommercial areas of said Village and otherwise regulate their operation. In addition, since, by their very nature, the operational characteristics of adult uses increase the deleterious impact on the community when such uses are concentrated, this article is intended to promote the health, safety, general welfare and good order of the residents of the Village of Lancaster, by regulating such concentration of adult uses.
§ 350-86 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 the 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, which excludes minors by virtue of age.
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, which excludes minors by virtue of age.
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, when such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
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, when such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
Less than completely and opaquely covered human genitals, public region or female breast below a point immediately above the top of the areola.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or other erotic touching of human genitals, public region, buttocks or female breast.
§ 350-87 Location restrictions.
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 uses 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 zoning district which is zoned exclusively for residential uses (those zones designated R-1, R-2, R-2A and R-2AH) or residential uses in C or M Districts.
C.
No such adult use shall be located within 500 feet, of a preexisting school, place of worship, park or playground or other area where large numbers of minors travel or congregate.
D.
No such adult use shall be located in any zoning district except the M-1 District.
§ 350-88 Registration.
A.
The owner of a building or premises, his agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the Village Clerk of the Village of Lancaster:
(1)
The address of the premises.
(2)
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
(3)
The name of the business or the establishment subject to the provisions of this article.
(4)
The name(s) and addresses of the owner, beneficial owner of the major stockholder(s) of the business or the establishment subject to the provisions of this article.
(5)
The date of initiation of the adult use.
(6)
The nature of the adult use.
(7)
If the premises or building is leased, a copy of said lease.
B.
It is a violation of this article for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Village Clerk.
§ 350-89 Display of registration.
The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Village Clerk.
§ 350-90 Public observation restricted.
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.
§ 350-91 Special use permit.
A.
No use as described in this article shall be established until the issuance of a special use permit by the Board of Trustees of the Village. Application for such special use permit shall be in writing to the Board of Trustees 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 Board of Trustees. The Board of Trustees shall call a public hearing for the purpose of considering the request for a special use permit. 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 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.
B.
A special use permit issued under the provisions of this section shall not be transferable.