Phelps Village City Zoning Code
ARTICLE X
Adult Use and Entertainment Establishments
§ 175-34 Title.
This article shall be known as the "Adult Use and Entertainment Establishments Law" of the Village of Phelps and shall be added to the comprehensive development regulations of the Village.
§ 175-35 Legislative intent.
In the development and execution of this article, it is recognized that adult uses and entertainment establishments, because of their very nature, have serious objectionable, operational characteristics when concentrated under certain circumstances and can have a deleterious effect on adjacent areas.
It is the purpose of this article to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:
To preserve the character and the quality of life in the neighborhoods and business areas of the Village of Phelps.
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as decreased property values; attraction of transients; parking and traffic problems; increased crime; loss of business for surrounding nonadult businesses; and deterioration of neighborhoods.
To restrict minors' access to adult uses.
To maintain the general welfare and safety for residents of the Village of Phelps.
§ 175-36 Definitions.
§ 175-37 Regulated uses.
Special regulations are necessary to ensure that the adverse effects of these specific uses will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary control or regulation is for the purpose of preventing concentration of these uses.
Uses subject to these controls and special regulations are as follows and hereinafter collectively referred to as "regulated uses":
§ 175-38 Allowed zoning districts.
All regulated uses as defined herein may only be created, opened, commenced or operated within the M-1 Zoning District within the Village of Phelps.
§ 175-39 Location within allowed zoning districts.
All regulated uses shall be permitted only in the allowed zoning district as set forth in § 175-38 hereof, and within such a district, the site and location shall be regulated as follows:
Residential zoning district boundary: not allowed within 150 feet of the boundary of any residential zoning district in the Village.
Residential use. Not allowed within 150 feet of the property line of a parcel used for residential purposes in the Village.
Place of worship, school, day care. Not allowed within 500 feet of the property line of a parcel containing a church, synagogue, other place of worship, library, school, day-care facility, park, or playground within the Village.
School bus stop. Not allowed within 200 feet of a school bus stop.
Same parcel. Not allowed on the same parcel as another regulated use or adult use and entertainment establishment.
Proximity to another regulated use. Not allowed within 1,000 feet of the property line of another regulated use, whether or not such other establishment is located in the Village.
The above distances of separation shall be measured from the nearest exterior wall of the portion of the structure containing the regulated use.
§ 175-40 Signs.
Only one exterior sign will be allowed, and it will be limited to only the name of the establishment, and it must conform to all other Village of Phelps signage requirements or regulations and be approved by the Village of Phelps Planning Board.
§ 175-41 Display prohibited.
All regulated uses shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window or by means of a depiction or decoration, or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.
§ 175-42 Permit required; application.
No regulated use shall be established in the Village until the issuance of an operating permit by the Code Enforcement Officer. Such permit shall be issued upon a determination by the Code Enforcement Officer that such regulated use is in conformance with all of the provisions of this article.
In order for the Code Enforcement Officer to make such determination, the applicant shall submit the following minimum information:
A completed application, on a form to be provided by the Village, and an application fee.
A parcel location map.
A drawing, drawn to scale, indicating the portion of the parcel to be developed in the regulated use, as well as all required appurtenances.
A clear and concise description of the proposed regulated use.
A site plan.
§ 175-43 Appeal of Code Enforcement Officer's determination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person aggrieved by the action of the Code Enforcement Officer shall appeal such action to the Village Zoning Board of Appeals in the form and manner prescribed by that Board. Such appeal shall be filed within 60 days of the Code Enforcement Officer's determination being filed with the Village Clerk.
§ 175-44 Penalties for offenses.
Any person, firm, corporation or entity who or which shall violate any portion of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable as provided in § 175-33A. The continuation of a violation of the provisions of this article shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The owner and/or any occupant and/or any tenant and/or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such a violation.
Any person, firm, corporation or entity violating any of the provisions of this article shall become liable to the Village for any expense or loss or damage occasioned the Village by reason of such violation.
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceedings to prevent a violation of this article or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this article.
§ 175-45 Enforcement.
This section gives the Village of Phelps Code Enforcement Officer, as well as any local, county or state police, the authority to enforce this article.