A.
The Town Planner has conducted a study to determine
whether the operation of adult entertainment uses in the Town of Lockport
could cause or contribute to adverse impacts on the surrounding and
adjacent properties and neighborhoods and to determine locations within
the Town where such businesses could be located to minimize such secondary
effects.
B.
The Town Board has reviewed and accepted the findings
of the study prepared by the Town Planner and determined to adopt
regulations regarding adult entertainment uses.
C.
The Town Board of the Town of Lockport is authorized
to regulate adult entertainment uses.
D.
It is recognized that there are some uses which, because
of their very nature, have serious objectionable operational characteristics
under certain circumstances, which produce a deleterious effect upon
adjacent areas. Special regulation of these uses is necessary to ensure
that adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood. The Town Board of the Town of Lockport
finds it in the public interest to enact these regulations. The purpose
of these regulations is to prevent or lessen the secondary effects
of adult entertainment uses, and not to inhibit freedom of speech.
E.
The unrestrained proliferation and inappropriate location
of such businesses is inconsistent with existing development and future
plans for the Town of Lockport in that they often result in influences
on the community which increase the crime rate and undermine the economic
and social welfare of the community. The deleterious effects of these
businesses change the economic and social character of the existing
community and adversely affect existing businesses and community and
family life.
As used in this article, the following terms
shall have the meanings indicated and each of the terms as defined
shall constitute adult entertainment uses:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, periodicals or other printed
matter or photographs, films, videos, slides or other visual representations,
which are characterized by the exposure or emphasis of specified sexual
activities or specified anatomical areas or instruments, devices or
paraphernalia which are designed for use in connection with specified
sexual activities which are for sale, rental or viewing on or off
the premises.
A public or private establishment which regularly presents
topless and/or bottomless dancers, strippers, waiters or waitresses,
male or female impersonators, lingerie models or exotic dancers, or
other similar entertainment or films, motion pictures, videos, slides
or other photographic material, or which utilizes employees that,
as part of their employment, regularly expose patrons to specified
sexual activities or specified anatomical areas.
Any place where a person who appears in a state of nudity
or who displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculpted, photographed or similarly depicted
by other persons who pay money or any form of consideration.
Any motion-picture theater where, for any form of consideration,
films, motion pictures, videocassettes, slides or other photographic
reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
A theater, concert hall, auditorium or similar establishment
which, for any form of consideration, regularly features live performances
characterized by the exposure of specified sexual activities or specified
anatomical areas.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths or steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath, duly
licensed physical therapist or duly licensed massage therapist or
barbershop or beauty salon, athletic club, health club, school, spa
or similar establishment where massage or similar manipulation of
the human body is offered as an incidental accessory service.
A theater which presents materials distinguished or characterized
by primary emphasis on matters depicting, describing or relating to
specified sexual activities or specified sexual anatomical areas,
in the form of live shows, films or videotapes, viewed from an individual
enclosure, for which a fee is charged.
A.
Adult entertainment uses shall be permitted only in
the Industrial Use (IN) Districts subject to the following restrictions:
(1)
Adult entertainment uses are prohibited within:
(a)
Five hundred feet of any zoning district which
is zoned to allow residential use;
(b)
Five hundred feet of any single-family, two-family
or multiple-family dwelling, including structures devoted to both
residential and commercial or business purposes;
(c)
Five hundred feet of any public or private school;
(d)
Five hundred feet of any church or other religious
facility or institution;
(e)
Five hundred feet of any public park, public
bike path, playground or playing field, cemetery or civic or recreational
facility.
(2)
No adult entertainment use shall be allowed within
500 feet of another existing adult entertainment use.
(3)
No more than one adult entertainment use shall be
located on any lot.
B.
The distances provided hereinabove shall be measured
by following a straight line, without regard to intervening buildings,
from the nearest point of the property parcel upon which the adult
entertainment use is to be located to the nearest point of the parcel
of property or the land use district boundary line from which the
adult entertainment use is to be separated.
A.
No adult entertainment use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not containing an adult
entertainment use. This provision shall apply to any display, decoration,
sign, show, window or other opening.
B.
There shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the
name of the establishment.
C.
Adult entertainment uses shall obtain site plan approval
from the Planning Board in accordance with this Code.
D.
Adult entertainment uses shall meet all other regulations
of the Town of Lockport, including but not limited to district lot
and bulk regulations, parking regulations and signage.
E.
It shall be unlawful to operate an adult entertainment
use between the hours of 12:00 midnight and 8:00 a.m.
Should any section or provision of this article
be declared to be unconstitutional or invalid by the courts, such
decision shall not affect the validity of the balance of this article.
