[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 6-13-2000 by L.L. No. 1-2000. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 181.
A.
In the execution of this chapter, 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 theft concentration in any one area, thereby
having deleterious effects on adjacent areas. Special regulation of
these uses is therefore necessary to ensure that these adverse effects
will not contribute to the blighting or downgrading of the surrounding
neighborhood or land uses.
B.
It is further recognized that the location of adult bookstores or
adult entertainment establishments in areas where youth, families
and religious may regularly assemble and the general atmosphere encompassing
their operations is of great concern to the Village of North Collins.
C.
These special regulations are therefore intended to accomplish the
primary purpose of preserving the public peace, health, safety, morals
and welfare of the people of the Village of North Collins and preventing
a concentration of these uses in any one area and restricting their
accessibility to minors.
As used in this chapter, the following terms shall have the
following meanings:
Any establishment having as a substantial or significant
portion of its stock-in-trade, books, magazines, videos, films, CD-Roms
and other periodicals which are distinguished or characterized by
their emphasis on matter depicting or relating to sex, sexual activity
or sexual anatomical areas of the human body. In addition, this definition
shall include "peep shows," still or motion pictures, projectors or
other devices that project or produce images and/or devices that permit
visual observation of live persons.
Any business enterprise having as a substantial portion of
its activity presentations, characterized by emphasis on the description
or depiction of sex, sexual activity or sexual anatomical areas of
the human body, whether by live shows, motion-picture films, videos,
sound recordings or other coin-operated, electronically or mechanically
operated devices.
For the purpose of determining whether a substantial portion
of an establishment includes an adult bookstore or adult entertainment
establishment, or combination thereof, the following facts shall be
considered:
For the purposes of determining whether a bookstore has a substantial
portion of its stock in material defined in the above subsection hereof,
the following factors shall be considered:
The amount of such stock accessible to customers as compared
to the total stock accessible to customers in the establishment; and
The amount of floor area accessible to customers containing
such stock; and
The amount of floor area accessible to customers as compared
to the total floor area available for such stock.
A.
Adult bookstores and adult entertainment establishments, as defined
herein, may be approved in the Manufacturing and Industrial Districts
(M-1) by the Village Board following a public hearing and provided
that the standards and provisions specified below are maintained.
(1)
The proposed use shall be operated in a manner that is consistent
with the New York State Penal Laws relating to exposure, obscenity
or lewdness as contained in Articles 130, 230, 235, 240, 245, 260
and 263 of the New York State Penal Laws and such other laws and regulations
of the State of New York and its administrative agencies and subdivisions.
(2)
An adult bookstore or adult entertainment establishment use shall
not be operated within 1,000 feet of:
(a)
A public or private nursery school, elementary or secondary
school, day care, preschool or other uses of similar nature.
(b)
A public park, library, historical meeting place, municipal
center or community center.
(c)
A church, synagogue or other place of worship.
(d)
A boundary line of any R-1, R-2, R-3, RM, B-1 or B-2 District.
(3)
An adult bookstore or adult entertainment establishment shall not
be operated within 1,000 feet of another adult bookstore or adult
entertainment establishment or on the same lot or parcel of land.
(4)
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.
(5)
For purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures 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 Subsection A(2) above or to another adult bookstore or adult entertainment establishment.
(6)
All adult bookstores or adult entertainment establishments shall
be conducted in an enclosed building, regardless of location.
(7)
All building openings, entries, windows, doors, etc., 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. In addition, there shall be no window displays
in the openings, windows, doors, etc., indicating that the building
is associated with an adult bookstore or adult entertainment establishment.
(8)
No adult bookstore or adult entertainment use shall be established
in any building which is used in part for residential purposes.
(9)
No residential use shall be established in any building which contains
an approved adult bookstore or adult entertainment use.
B.
Waiver of restrictions. The restrictions set forth in Subsection A above may be waived or modified by the Village Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
(1)
The proposed use will not be contrary to the public interest or injurious
to nearby properties and that the spirit and intent of this chapter
will be observed.
(2)
The establishment of an additional use of this type in the area will
not be contrary to any program of neighborhood conservation, improvement
or preservation, either residential or nonresidential.
A.
The sign identifying the subject property shall be limited to 10
square feet and shall be wall-mounted upon the principal building.
The sign shall be limited to lettering indicating the name and address
of the establishment only.
B.
The sign shall be applied flat against the wall and shall not project
beyond the side or top of the wall to which it is affixed, nor shall
such sign project more than 4 inches from the front wall. All flashing,
moving, intermittently moving and illuminated signs, reflecting signs
or luminous signs and/or advertising devices shall be prohibited.
C.
No temporary signs made of paper, cardboard, canvas or other similar
materials are permitted. No directional or lead signs shall be permitted.
D.
No signs or billboards shall be placed on the roof of any such buildings.
E.
No exterior sign shall contain any photographic or artistic representation
of the human body.
For each and every violation of the provisions of this chapter,
the owner, general agent, managing agent or contractor of a building
or premises where such violation has been committed or shall exist
and also the owner, general agent, managing agent or contractor, lessee
or tenant of any part of a building or premises in which such violation
has been committed or shall exist, as well as the general agent, architect,
builder, contractor or other person who commits such violation, shall,
for each and every day such violation continues, be subject to a fine
of not more than $1,000 per day and a term of imprisonment not exceeding
ninety days, or any combination thereof. Each day that the violation
is permitted to exist shall constitute a separate offense. Nothing
is this chapter shall be construed as depriving the Village of North
Collins of any other available remedy.
