Sloan City Zoning Code
ARTICLE VIII
Adult Uses
§ 455-42 Purpose.
It is recognized that building and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Village of Sloan, this article is intended to restrict adult uses to nonresidential and nonbusiness areas of the Village. The Board of Trustees hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated. Therefore, this article is intended to promote the health, safety and general welfare of the residents of the Village of Sloan by regulating the concentration of such uses.
§ 455-43 Definitions.
A.
General. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application.
B. ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT ENTERTAINMENT REVUE ADULT MINI MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER ADULT USE BUSINESS DISSEMINATION PERSON SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES SUBSTANTIAL CONNECTION(1) (2) (3) (4)
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 the 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 or bottomless dancers, strippers, male or female impersonators or similar entertainers.
A transient show which features topless or bottomless dancers, strippers, male or female impersonators or similar entertainers and that are employed or featured on a temporary basis by any business.
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 bookstores, adult motion-picture theaters, adult entertainment cabarets and adult entertainment revues.
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 on 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 a 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.
§ 455-44 Restrictions.
In addition to the requirements of this chapter, the New York State Uniform Fire and Building Code, and the Code of the Village of Sloan, adult uses shall be permitted, subject to the following restrictions:
A.
No adult use shall be allowed within 1,500 feet of another existing adult use.
B.
No adult use shall be located within 200 feet of any residential use. Except as otherwise provided, no adult use shall be located within 200 feet of any restricted business district.
C.
No adult use shall be located within 2,000 feet of a preexisting school or place of worship.
D.
No adult use shall be located in any zoning district except those districts zoned M1 (Light Manufacturing District) or M2 (Industrial District).
E.
Adult entertainment revues shall be permitted by special permit in those districts zoned RC (Restricted Business District). Any business engagements for adult entertainment revues shall not exceed two revues per year per establishment.
F.
This article shall not apply to any establishments existing on the effective date of said article. Those establishments shall be subject to requirements for nonconforming uses specified in this chapter.
§ 455-45 Observation from public way prohibited.
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, screen or other opening.
§ 455-46 Measurements.
For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises for an adult use to the nearest property line of any residential, commercial or light industrial district, property line of a school or place of worship, or property line of another existing adult use.
§ 455-47 Registration.
A.
No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, or any part thereof, which contains an adult use, without first complying with the provisions of this section as set forth below.
B.
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate nor allowed to continue to operate until a certificate of registration is filed in person with the Village Clerk's office by the corporate principals, containing:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) 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, business and home address, business or home phone number of all owners of the business or establishment subject to the provisions of this article.
(5)
The names, business and home addresses, business or home phone number of all those persons having a substantial connection with the business or establishment subject to the provisions of this article.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
(9)
Notarized signature of the corporate principals.
C.
If there occurs any change in the information required for the certificate of registration, the Village Clerk/Treasurer shall be notified of such change and a new amended certificate filed within 30 days of such change.
D.
Upon change of ownership, a new certificate of registration must be filed with the Village Clerk/Treasurer.
(1)
The processing fee for each certificate of registration or amendment thereto shall be $1,500. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in § 455-48 below, and the processing fee provided in this section shall be an annual charge.
(2)
Adult entertainment revues of a transitory and occasional nature are subject to all requirements for certificates of registration. The processing fee for each certificate of registration or amendment thereto shall be $1,000 per day.
E.
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certification of registration.
F.
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
G.
Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith, shall be grounds for rejection, suspension or revocation of the certificate of registration.
H.
It is a violation of this section for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.
§ 455-48 Special use permit.
A.
No use as described in this article shall be established until the issuance of an annual special use permit by the Village Clerk/Treasurer. Application for such a 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 each and every 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 of Sloan, 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.
§ 455-49 Penalties for offenses.
Violation of this article is punishable by a fine of $500. Each day during any portion of which any violation of this article is committed, permitted or continued shall constitute a separate violation.
§ 455-50 Interpretation.
Interpretation and application of the provisions of this article shall be held to be minimal requirements adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of this article differ with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.