[HISTORY: Adopted by the Town Board of the Town of North Collins 3-9-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
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 their 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.
It is further recognized that the location of adult bookstores or adult entertainment establishments in areas where youth, families and religious groups may regularly assemble and the general atmosphere encompassing their operations is of great concern to the Town of North Collins.
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 Town 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.
- ADULT BOOKSTORE
- 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.
- ADULT ENTERTAINMENT
- Any business enterprise having as a substantial portion of its activity the presentation, 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.
- A. 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:
- B. 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:
- (1) The amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment; and
- (2) The amount of floor area accessible to customers containing such stock; and
- (3) The amount of floor area accessible to customers as compared to the total floor area available for such stock.
Adult bookstores and adult entertainment establishments, as defined herein, may be approved in the R-M District by the Town Board following a public hearing and provided that the standards and provisions specified below are maintained.
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.
An adult bookstore or adult entertainment establishment use shall not be operated within 1,000 feet of:
A public or private nursery school, elementary or secondary school, day care, preschool or other uses of similar nature.
A public park, library, historical meeting place, municipal center or community center.
A church, synagogue or other place of worship.
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.
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.
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.
All adult bookstores or adult entertainment establishments shall be conducted in an enclosed building, regardless of location.
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.
No adult bookstore or adult entertainment use shall be established in any building which is used in part for residential purposes.
No residential use shall be established in any building which contains an approved adult bookstore or adult entertainment use.
Waiver of restrictions. The restrictions set forth in Subsection A above may be waived or modified by the Town 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.
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;
That 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; and
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.
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 four 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.
No temporary signs made of paper, cardboard, canvas or other similar materials are permitted. No directional or lead signs shall be permitted.
No signs or billboards shall be placed on the roof of any such buildings.
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 90 days or any combination thereof. Each day that the violation is permitted to exist shall constitute a separate offense. Nothing in this chapter shall be construed as depriving the Town of North Collins of any other available remedy.