Village of Menands, NY Adult-Oriented Businesses

The purpose of this section is to regulate without prohibiting, but also to prevent the proliferation of, adult-oriented businesses for purposes of minimizing harmful secondary effects associated with such uses, as opposed to regulating the content or expression associated with such uses. The Village Board finds that potential secondary effects which may arise as a result of the proliferation of adult-oriented businesses include reduction in property values, increase in crime, and alteration of community character and quality of life. Accordingly, this article is enacted to protect and preserve the quality and character of the Village's neighborhoods, and its commercial districts by, among other things, discouraging crime and maintaining property values. In formulating this regulation, the Village Board has reviewed, considered, and found persuasive various secondary effect analyses prepared by similarly situated municipalities in this state, and the Village Board has considered the secondary effects on the Village of Menands itself and, the Village of Menands finds that:

(1)

There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;

(2)

Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, and adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community;

(3)

These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community;

(4)

The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon residents, businesses, economic viability, property values, and quality of life of the Village and would therefore be detrimental to the general health, safety and economic viability of the community;

(5)

The United States Constitution, and the Constitution and laws of the State of New York grant to the Village of Menands the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.

Intent.

(1)

It is the express intent of the Village of Menands in adopting this article to:

(a)

Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community;

(b)

Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.

It is not the intent of the Village of Menands in adopting this article to:

(1)

Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or

(2)

Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Village under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or

(3)

Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Village under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or

(4)

Estimate, decide, determine, resolve, consider, conclude, judge, or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.

Aware that, according to numerous decisions by both federal courts and courts of the State of New York, the regulation of the location of adult businesses upon the community must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech of expression, be no broader than necessary, and must provide alternative locations within the Village for adult use businesses, the Village of Menands hereby adopts this amendment to its Village zoning chapter.

Location.

(1)

Adult uses may not be located in any zone except the HI (Heavy Industrial) Zoning Districts as more fully detailed on the official Zoning Map of the Village of Menands.[1]

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

(2)

Adult uses are not principal uses permitted by right in the HI Zoning Districts but rather are uses permitted by special permit subject to the special permit standards contained within Chapter 169 of the Code of the Village of Menands.

(3)

Adult uses may not be located, when initially opened as, or converted to, an adult use:

(a)

Within 1,000 feet of the boundary of any residential zoning district or residence.

(b)

Within 1,000 feet of any property, including the exterior lot, used as a licensed day-care facility.

(c)

Within 1,000 feet of any property, including the exterior lot, which has tax-exempt status as a religious or educational use.

(d)

Within 1,000 feet of any other adult use.

Public viewing and lighting.

(1)

Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.

(2)

Any and all booths, cubicles, studios, studies, and rooms for the private viewing of adult motion pictures and/or live performances or areas shall:

(a)

Be open to public view from the common area of the establishment;

(b)

Not have any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment;

(c)

Be well-lighted and readily accessible at all times and shall continuously be open to view.

Sale of alcohol prohibited. The sale and/or consumption of alcohol is prohibited within the designated adult use zone.

Site plan review/landscaping.

(1)

All adult use establishments shall be subject to all provisions of the building and zoning code of the Village of Menands.

(2)

All adult use establishments when initially opened as, or converted to, an adult use establishment shall be subject to the site plan review process contained within Article 10 (Site Plan Review) of Chapter 169 of the Code of the Village of Menands and shall be subject to appropriate landscaping as determined in the site plan review process.