Le Roy Town City Zoning Code
ARTICLE VIIA
Adult Uses
[Added 3-23-1995]
§ 165-41.1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having a stock-in-trade consisting partially or totally of books, magazines and any other periodicals or films (including videos or compact discs) for sale, rent or viewing on premises by use of motion picture devices or any other coin-operated means and which establishment has greater than 25% of said enumerated stock-in-trade which is distinguished or characterized by its emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT CABARET
A public or private establishment which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer 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.
ADULT MOTION-PICTURE THEATER
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.
PERSON
Any person, firm, partnership, corporation, association or legal representative acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic regions or female breasts below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
§ 165-41.2 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 125 feet of the boundaries of any zoning district which is zoned for residential use (those zones designated R-1, R-2 or R+A).
C.
No such adult use shall be located within 1,000 feet of a preexisting school, place of worship, public playground or park.
D.
No such adult use shall be located in any zoning district except the Industrial (I-1) District.
E.
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.
§ 165-41.3 Application and permit.
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 apply to the Code Enforcement Officer for a permit, and such application shall provide the following:
(1)
The address of the premises.
(2)
The name and addresses 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 address(es) of the owner, beneficial owner or 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 and quantity of the adult use.
(7)
If the premises or building is leased, a copy of said lease.
(8)
A site plan depicting the interior and exterior of the premises and the adult use, including signage and displays.
B.
A permit for an adult use shall be granted by the Code Enforcement Officer if the applicant meets the standards set forth in this article and all applicable provisions of this chapter.