Springville City Zoning Code
ARTICLE XVIII
Adult Entertainment Uses
§ 200-133 Findings.
There is presently in the Western New York community a growing number of adult entertainment business uses and an increasing trend toward the concentration of adult entertainment establishments. Based upon the widely reported results of studies documenting and evaluating the nature and extent of adverse secondary effects caused by sexually oriented entertainment business uses in many communities in New York State and elsewhere in the United States, including a 1994 study by the New York City Department of City Planning, a 1984 study by the Division of Planning of Indianapolis, Indiana's Department of Metropolitan Development, a 1980 study by the Town of Islip, New York, a 1980 study in Minneapolis, Minnesota, a 1986 study undertaken in Oklahoma City, Oklahoma, and a 1977 Cleveland, Ohio Police Department report, and mindful of the results of numerous other studies and reports from Beaumont, Austin, Amarillo and El Paso, Texas, the Village of Westbury, New York, the cities of Los Angeles, Garden Grove and Whittier, California, and the cities of St. Paul, Minnesota, Detroit, Michigan, Las Vegas, Nevada, Phoenix, Arizona, and Cleveland, Ohio, and based upon the Village of Springville Planning Board's own study and recommendations concerning these matters, the Board of Trustees hereby finds ample evidence that adult entertainment uses do have many serious negative secondary impacts upon a community, such as increased crime rates, depreciation of property values and a deterioration of a community's business districts, its character and quality of life.
§ 200-134 Purpose.
This article is intended to regulate sexually oriented business uses that because of their very nature are recognized as having serious undesirable secondary effects upon adjacent areas and, over time, can have significant negative impact upon other types of business development in the area. Special regulation of these sexually oriented business uses is deemed necessary to ensure that these adverse effects will not negatively impact neighboring business uses and will not create pockets of blight or otherwise contribute to the downgrading of the surrounding neighborhoods. It is also recognized that because the Village of Springville is a relatively small, rural residential community, its resources would be severely strained to adequately address the potential of increased demand for law enforcement and crime prevention. The concentration or proliferation of such uses could cause the degradation of the community's small retail areas, the decline in property values and overall quality of our neighborhoods and could consequently significantly and adversely affect the welfare of the entire Village. The provisions of this article are deemed minimally necessary to reduce or prevent such deleterious secondary effects. These special regulations are intended to accomplish the primary purpose of preventing a concentration of these uses in any one area, restricting their accessibility to minors, placing them away from the residential areas and in a zoning district currently containing business uses that will not as likely be overwhelmed by the secondary effects of their presence.
§ 200-135 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A place that sells (or rents) or offers for sale (or rental) adult material, the gross sale and/or rental value of which represents more than 10% of the gross sales (and/or rentals) of the place, or that comprises more than 10% of the individual items displayed on the premises as stock in trade.
A public or private establishment that permits or allows performers, dancers or other entertainers to display or expose specified anatomical areas or specified sexual activity.
An adult bookstore, an adult entertainment cabaret, an adult motion picture theater, an adult motel, a massage establishment, a peep show or other business establishment or private club or association presenting entertainment or products for its patrons or members that are characterized by an emphasis on or having as a primary or dominant or significantly prominent theme the display, sale, rental or exhibition of adult material or the presentation of specified sexual activity or specified anatomical areas for entertainment purposes.
Any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices that have as their primary or dominant theme matter depicting, illustrating or describing specified sexual activity or specified anatomical areas.
Instruments, devices or paraphernalia designed for use in connection with specified sexual activity.
A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes, 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.
Premises used for presenting films, motion pictures and/or videos, whether viewed in private booths or public assembly areas, which films, motion pictures and/or videos are characterized by an emphasis on matter depicting or describing or related to specified sexual activity or specified anatomical areas for observation by patrons therein for entertainment purposes.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a New York State licensed massage therapist, 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, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A theater which presents adult material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee or other payment is assessed or charged and which is not open to the public generally but excludes any minor by reason of age.
A public or private facility that provides a curriculum of basic, elementary or secondary academic instruction, including a preschool facility, a special education facility, a kindergarten, elementary school, junior high school, middle school and high school.
Human genitals in a state of sexual stimulation or arousal.
Any act of human masturbation, sexual intercourse or sodomy.
Fondling or other erotic touching of the human genitals, pubic region, buttocks or breasts.
Any act of actual or apparent human sexual activity, sexual stimulation, sadomasochistic abuse or sexual gratification.
§ 200-136 Regulated adult entertainment.
§ 200-137 Restrictions.
An adult entertainment establishment shall be permitted subject to the lot size, parking and other regulations of this chapter normally applicable to the underlying nature of the particular use (e.g., bookstore, theater, etc.) and also subject to the following additional restrictions:
A.
No adult entertainment establishment shall be allowed on a lot any part of which is within 500 feet of the nearest boundary line of any other lot containing an adult entertainment establishment, without regard to whether the existing adult entertainment establishment is in the Village of Springville or in an adjoining municipality.
B.
No adult entertainment establishment shall be located on a lot any part of which is within 1,000 feet of the nearest boundary line of any zoning district which is zoned for residential use or the nearest boundary line of any lot currently used for residential purposes.
C.
No adult entertainment establishment shall be located within 1,000 feet of a school, public library, civic center, municipal building, youth-oriented or child day-care center, park, playground, motion picture theater or other area where children under the age of 17 normally congregate for the purpose of entertainment, education, medical or custodial care or a place of religious worship, such as a church, synagogue or temple, or a monastery, rectory or convent or a hospital or medical center.
D.
No more than one adult entertainment establishment shall be located on any lot.
E.
No adult entertainment establishment shall be located in any zoning district except as a special exception use in a CIP Commercial-Industrial Park District.
§ 200-138 Registration of information required.
A.
Prior to the commencement of an adult entertainment establishment use on premises within the Village of Springville, the owner of a building or premises, his or its agent for managing or controlling rents or any other person managing or controlling a building or premises, any part of which contains an adult entertainment establishment, shall register with the Code Enforcement Officer of the Village of Springville the following information on a registration form prepared and provided by the Code Enforcement Officer at the request of the registrant:
(1)
The names and addresses of all the owners of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
(2)
The name of the business or the establishment subject to the provisions of this article and its street address.
(3)
The names and addresses of all the owners, all beneficial owners or the major owners of the business or the establishment subject to the provisions of this article. "Major owner" shall include any person or entity owning 5% or more of the ownership interest of a corporation, partnership or other business entity.
(4)
The names and addresses of the president and secretary of the corporation or the managing partner of the partnership that will operate the adult entertainment establishment at the premises.
(5)
The expected date of commencement of the adult entertainment establishment use.
(6)
The type or nature of the adult entertainment establishment.
(7)
If the premises or building is leased, a copy of the current lease must be attached.
B.
Until there has been a special use permit granted by the Planning Board following the required public hearing and proper registration of the information required in Subsection A, the Code Enforcement Officer shall not issue a certificate of occupancy for the adult entertainment establishment.
C.
It is unlawful for the owner or person in control of any real property within the Village of Springville to establish or operate thereon or to allow any person to establish or operate thereon an adult entertainment establishment without first having properly registered the information required in Subsection A with the Code Enforcement Officer.
§ 200-139 Exterior display prohibited.
No adult entertainment establishment shall be conducted in any manner that allows the observation of any adult material or performance or any material depicting or describing specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult entertainment establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
§ 200-140 Amortization schedule for existing uses.
A.
In the event that an adult entertainment establishment should be located in the Village of Springville on the effective date of this article and is not in conformance with the provisions of this article, it shall relocate or otherwise terminate its nonconforming use in accordance with the following amortization schedule:
Amount of Capital Investment on Effective Date of Article | Date by Which Nonconforming Use Shall Terminate | |
|---|---|---|
0 to $5,000 | July 1, 2000 | |
$5,001 to $10,000 | January 1, 2001 | |
$10,001 to $15,000 | July 1, 2001 | |
$15,001 to $20,000 | January 1, 2002 | |
$20,001 to $30,000 | July 1, 2002 | |
$30,001 to $45,000 | January 1, 2003 | |
$45,001 to $60,000 | July 1, 2003 | |
$60,001 or more | January 1, 2004 |
B.
The term "capital investment" as used in the foregoing amortization schedule shall mean the initial outlay of money by the owner or operator of the use to establish the use or that part of the use that does not conform to the provisions of this article, exclusive of the fair market value of the structure in which the use is located.
§ 200-141 Severability.
The provisions of this article shall be severable, and if any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.