[HISTORY: Adopted by the Town Board of the Town of Clay 9-18-2006
by L.L. No. 9-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 230.
This chapter shall be known as "Adult Uses" and shall consist of the
following text.
The intent of this chapter is to preserve the character and quality
of life in Town neighborhoods and business areas by controlling documented
harmful and adverse secondary effects of a concentration or proliferation
of adult uses on surrounding areas such as decreased property values, attraction
of transients, parking and traffic problems, increased crime (including prostitution,
rape and assaults in the vicinity of such uses), loss of business for surrounding
non-adult-use businesses and deterioration of neighborhoods. Also, the intent
of this chapter to maintain property values, prevent crime, protect retail
trade, restrict minors' access to adult uses, and maintain the general
welfare and safety for Town of Clay residents.
As used in this chapter, the following terms shall have the meanings
indicated:
A private establishment or any part thereof which presents any of
the following entertainment, services or sales or rentals on one or more occasions:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices or portions thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STOREA business which utilizes 25% or more of its retail selling area for any one of the following: books, magazines, periodicals, films, motion pictures, videocassettes, slides, compact discs and/or computer-generated or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons any of the following:
Person(s) who appears in a state of nudity.
Live performances which are characterized by the exposure of any specified
anatomical area(s) or by the performance or depicting of any specified sexual
activity(ies).
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description of any
specified sexual activity(ies) or any specified anatomical area(s).
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and
which provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic or visual reproductions
which are characterized by the depiction or description of any specified sexual
activity(ies) or specified anatomical area(s) and has a sign or other means
of visual display of information which is visible from the public right-of-way
and which advertises the availability of this adult type of photographic reproductions.
Offers a sleeping room for rent for a period of time that is less than
10 hours.
Allows a tenant or occupant of a sleeping room to sub-rent the room
to another(s) for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area(s).
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately remove in the presence of another part or all of his/her clothing.
ESCORT AGENCYA person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes, for consideration in any form or amount.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by another person or persons who pay money or any form of consideration therefor.
NUDITYA state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely covered specified anatomical area(s).
MASSAGE PARLORAn establishment where, for any form or amount of consideration, massage, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. This definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration any of the following:
SPECIFIED ANATOMICAL AREASAny of the following:
Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus or female breast(s) below a point immediately above the top
of the areole(s); or
Human male genitals in a state of sexual stimulation or arousal, or
in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITYAny 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 or flagellation, beating
or the infliction of pain.
Erotic touching, fondling or other such contact between an animal and
a human being.
Adult use establishment shall be a permitted use in any nonresidential
zoning district subject to all regulations therein, and further provided that:
B.
An adult use may not be located within 1,000 feet of
an adjacent municipality.
C.
An adult use may not be located within 1,000 feet of
another adult use, or on the same lot or parcel of land with another adult
use.
D.
An adult use may not be located or operated in a building
or structure which contains another adult use.
E.
An adult use may not be located within or within 1,000
feet of the Clay Industrial Park.
F.
An adult use may not be located within 500 feet of any
County road located within the Woodard Industrial Park.
G.
For the purposes of this chapter, 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
on which a religious institution, or public or private elementary or secondary
school or licensed child day-care center is located in the Town of Clay.
(2)
The nearest boundary of a public park or a residential
zoning district of the Town of Clay.
(3)
The nearest exterior wall of the structures in which
another adult use is located.
H.
Where the adult use is contained within a structure in a multiuse building containing two or more businesses separated by common walls, or in an enclosed shopping mall, the distances in Subsections G(1), (2) and (3) above shall be measured from the nearest interior or exterior wall enclosing the adult use location within the shopping center structure or enclosed mall.
I.
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 an enclosed
building containing an adult use 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.
A.
Any adult use establishment lawfully operating on the effective date of this chapter which is in violation of the requirements of this chapter shall be deemed a nonconforming use subject to the provisions of § 230-23, except as otherwise provided herein.
B.
An adult use business lawfully operating as a conforming
use shall not be rendered a nonconforming use by the location, subsequent
to the lawful operation of such adult use, of a business, a religious institution,
public or private elementary or secondary school, public park, licensed day-care
center or a residential zoning district within 1,000 feet of the adult use
business.
This chapter shall take effect immediately upon filing with the Secretary
of State.
