Adult bookstores and adult entertainment establishments, as defined herein, may be approved in the Industrial District south of Elm Street, West of West Avenue, West of Pennsylvania Avenue to the southern and western village limit by the Village Board following a public hearing and provided that the minimum standards and provisions specified below are maintained:
(A) The proposed use shall be operated in a manner that is consistent with N.Y. Penal Law Part 1 et seq. relating to exposure, obscenity or lewdness;
(B) An adult bookstore or adult entertainment use shall not be operated within 500 feet of:
(1) A church, synagogue or place of worship;
(2) An historic district or historic building;
(3) A public or private elementary or secondary school, day care, preschool or other uses of a similar nature;
(4) A boundary of any residential district; or
(5) A public park, municipal building or community center.
(C) No adult use defined in this section shall be operated within 1,000 feet of another adult bookstore or adult entertainment establishment or on the same lot or parcel of land;
(D) An adult bookstore or adult entertainment establishment shall not be operated in the same building, structure or portion thereof containing another adult bookstore or adult entertainment establishment;
(E) For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure as part of the premises where an adult bookstore or adult entertainment establishment is conducted to the nearest property line of the premises of any of the uses specified in divisions (B)(1) through (5) above, identified above or to another adult bookstore or adult entertainment establishment;
(F) All adult bookstores or adult entertainment establishments shall be conducted in an enclosed building regardless of location or distance;
(G) No exterior sign shall contain any photographic or artistic representation of the human body. Signage must conform to § 152.062(B). No larger than 12 square feet in area. Advertising via mobile signs or upon vehicles is prohibited;
(H) All building openings, entries, windows, doors and the like, associated with an adult bookstore or adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right of way or adjacent property. Sound within the building shall not be audible to a person passing by outside the building;
(I) No adult bookstore or adult entertainment establishment use shall be established in any building which is used in part for residential purposes;
(J) No residential use shall be established in any building which contains an approved adult bookstore or adult entertainment establishment use; and
(K) Adequate landscaping shall be provided to minimize the visual impact on adjacent sites of any structure containing an adult use.
(Ord. 1-2001, passed 5-2-2001; Ord. passed 3-14-2022)