[HISTORY: Adopted by the Board of Trustees of the Village
of Camillus 11-14-1995 by L.L. No. 3-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 110.
The purpose of this chapter is to ensure the preservation of
the character and quality of life in Village neighborhoods and business
areas by regulating adult use establishments in such a manner as to
prevent the documented harmful and adverse secondary effects of a
concentration or proliferation of adult uses upon surrounding areas
such as decreased property values, attraction of transients, increased
crimes of prostitution, rape and assaults in the vicinity of such
uses and the loss of business for surrounding non-adult use businesses.
As used in this chapter, the following terms shall have the
meanings indicated.
A public or private establishment, or any part thereof, which
offers any of the following services or products:
ADULT ARCADEAny place wherein image-producing devices are maintained to show images which are characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORES or ADULT VIDEO STOREA business establishment which has as a substantial or significant portion of its stock-in-trade books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with any specified sexual activity.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment in which persons appear in a state of nudity or which offers live performances which are characterized by the exposure of any specified anatomical area or by the performance or depicting of any specified sexual activity or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activity or any specified anatomical area. A nightclub, bar, restaurant or similar commercial establishment shall not be deemed to be an "adult cabaret" as herein defined solely because of an occasional private function that is not open to the public which may include some or all of the activities which define "adult cabaret."
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodations to the public and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity or specified anatomical area.
ADULT MOTION-PICTURE THEATERA theater where films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity or any specified anatomical area.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which provides acts, shows or entertainment by persons who appear in a state of nudity or who display or exhibit any specified anatomical area, except an establishment which is primarily devoted to theatrical performances.
SEXUAL ENCOUNTER CENTERA business that offers physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying any specified anatomical area.
A state where a person is bare, naked or unclothed or displays
or exhibits a less than completely and opaquely covered specified
anatomical area.
Any of the following:
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breast below a point immediately
above the top of the areolae; or
Human male genitals in a state of sexual stimulation or arousal
or in a discernibly turgid state, even if completely and opaquely
covered.
Any of the following:
Masturbation, sexual intercourse, oral copulation or sodomy.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks, anus or female breasts.
Masochism, erotic or sexually oriented torture, flagellation,
beating or the infliction of pain.
Erotic touching, fondling or other such contact between an animal
and a human being.
Adult use establishments shall only be permitted in a Commercial
District and are subject to all other district regulations as well
as the following special regulations:
A.
No person under the age of 18 years of age shall be admitted into
the establishment.
C.
Adult use establishments may not be located within 1,000 feet of
another adult use establishment or upon the same lot or parcel of
land with another adult use establishment.
D.
For the purposes of this section, measurements shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest exterior wall of the building or structure in which
an adult use is located to:
(1)
The nearest property line of the lot or parcel of land upon which
a church, synagogue or regular place of worship or public or private
elementary or secondary school or licensed child day-care center or
public library is located.
(2)
The nearest boundary of a public park or a residential zoning district.
(3)
The nearest exterior wall of the structure in which another adult
use is located.
E.
No enclosed viewing areas may be provided.
F.
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, adult uses shall be arranged and conducted
so that no visual observation can be made from the exterior of the
building containing an adult use establishment therein of any specified
anatomical area or any specified sexual activity by virtue of any
display in or on the building which depicts, exhibits or shows said
area or activity. This prohibition shall apply to any display, decoration,
sign or window or other opening or any other means or method of visual
portrayal of information or advertisement.
Any adult use establishment lawfully operating on the effective
date of this chapter which is in violation of any of the provisions
of this chapter is exempt from those provisions of this chapter which
are then in violation. However, such violations may not be expanded
such that the magnitude of the violation is increased beyond that
which then exists. The exemption provided for herein does not run
with the land; however, it does inure to the benefit of the business
entity, its successors and assigns. The exemption is limited to the
existing business solely at the location at which it is conducted
on the date of adoption of this chapter and may not be transferred
to another location, which location would be in violation of the provisions
of this chapter. The exemption provided for herein shall expire in
the event that said business is not operated for more than 30 days.
A violation of any provision of this chapter shall be a Class
A misdemeanor, punishable as provided for in the Penal Law.
