A. Permitted uses.

1. Any use permitted in a B-1 or B-2 District may be permitted in an M District and, in addition, any of the following uses.

2. Manufacture of the following, provided basic materials are not processed on the premises:

a. Clothing.

b. Electrical appliances.

c. Leather goods.

d. Machinery parts and accessories, such as bolts, nuts, screws, washers, gears, etc. No power forges are permitted to be used on the premises.

e. Small tools. No power forges are permitted to be used on the premises.

3. Cleaning or dyeing establishment.

4. Bottling works, except where combustible materials are involved.

5. Warehouse, cold-storage plant.

B. Accessory uses and structures.

Accessory uses and structures customarily restricted to the permitted uses enumerated above and as provided in Article VII of this Chapter.

C. The following adult uses shall be allowable in an M District.

1. Purposes and considerations.

a. In the execution of this local law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulations of these uses is necessary to ensure that these adverse effects. will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

b. It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Incorporated Village of Mineola.

c. These special regulations are itemized in this local law to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

2. Definitions. As used in this local law, the following terms shall have the meanings indicated:

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN-THEATER - A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age, or which make available to is patrons in their rooms, films, slide sows 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.

ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.

MESSAGE ESTABLISHMENT - 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 constructed to include a hospital, nursing home or medical clinic or other office of 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 rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.

3. The adult uses as defined in Subsection 2 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:

a. Any of the above uses shall not be located within a two-hundred-foot radius of any area zoned for residential use.

b. Any of the above uses shall not be located within a one-half-mile radius of another such use.

c. Any of the above uses shall not be located within a five-hundred foot radius of any school, church or other place of religious worship, park, playground or playing field.

4. The restrictions enumerated in Subsection 3 above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:

a. That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this local law will be observed;

b. That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

c. That fifty-one percent (51%) percent or more of the property owners within the restricted area as defined in Subsection C(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.

5. No more than one (1) of the adult uses as defined above shall be located on any lot.

6. By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:

NOTE: The term "capital investment", as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the local law, exclusive of the fair market value of the structure in which the use is located. [Subd. C added LL #2, 96, 2/28/96.]