Champlain City Zoning Code
ARTICLE XI
Adult Uses and Entertainment
§ 130-77 Purposes.
To regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:
A.
To preserve the character and quality of life in the Town of Champlain's neighborhoods and business areas.
B.
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as: decreased property values; attraction of transients; parking and traffic problems; increased crime; loss of business for surrounding nonadult businesses; and deterioration of neighborhoods.
C.
To restrict minors' access to adult uses.
D.
To maintain the general welfare and safety for the Town of Champlain's residents.
§ 130-78 Allowed zoning districts.
All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated within the Industrial/Commercial 8 (IC-8) zoning district as designated in the Town of Champlain.
§ 130-79 Location within allowed zoning district.
An adult use and entertainment shall be allowed only in HI — Heavy Industrial zoning district and within such district, shall not be allowed:
A.
Within 1,000 feet of the boundary of any residential zoning district in the Town of Champlain;
B.
Within 1,000 feet of the property line of a parcel used for residential purposes in the Town of Champlain;
C.
Within 1,000 feet of the property line of a parcel containing or owned by a church or synagogue, other place of worship, library, school, day-care facility, park, or playground within the Town of Champlain;
D.
On the same parcel as another adult use and entertainment establishment;
E.
Within 1,000 feet of the property line of another adult use and entertainment establishment, whether or not such other establishment is located in the Town of Champlain. The above distances of separation shall be measured from the nearest exterior wall of the portion of the structure containing the adult use and entertainment establishment;
§ 130-80 Area, yard, and height setback requirements.
Area, yard, and height requirements shall be the same as for other uses in the HI — Industrial district, except as noted above.
§ 130-81 Parking space requirements.
One space per each employee plus one space per three seats or stools.
§ 130-82 Screening requirements and landscaping requirements.
The Town of Champlain Zoning Board of Appeals will determine screening and landscaping requirements at the site plan review of the application.
§ 130-83 Signage.
Signs allowed shall be in compliance with Industrial/Commercial 1 (IC-1) district zone regulations. Any ground, wall, canopy, window or projection sign shall contain only the name of the establishment. It shall not contain any advertising or identification of any product, service, etc.
§ 130-84 Prohibition of certain materials visible from outside building.
No printed material, slide, video, photograph, written text, live show, or other visual presentation format shall be visible from outside the establishment.
§ 130-85 Prohibition of certain sounds discernible from outside building.
No live or recorded voices, music, or sounds shall be heard from outside the establishment.
§ 130-86 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe specified sexual activities or specified anatomical areas.
A bookstore which as one of its principal business purposes offers the sale of publications (including books, magazines, and other periodicals) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or has as a preponderance of its publications books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one of its principal business purposes persons who appear nude or seminude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, videocassettes, slides, or other photographic reproductions which depict specified sexual activities or specified anatomical areas.
Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas.
Any establishment of business wherein adult live entertainment is shown for observation by patrons.
A motel, hotel, or similar commercial establishment that offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that depict or describe specified sexual activities or specified anatomical areas as one of its principal business purposes; or offers a sleeping room for rent for a period of time that is less than 10 hours; or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits, or displays, as one of its principal business purposes, persons who appear in a state of nudity or seminude, or live performances that expose or depict specified anatomical areas or specified sexual activities.
A public or private establishment or any part thereof, which presents any of the following entertainments exhibitions or services: topless and/or bottomless dancers, strippers, topless waitressing, busing or service; topless hair care or massage, service or entertainment where servers or entertainers wear pasties, G-strings or both; adult arcade; adult bookstore or video stores; adult cabarets; adult motels; adult motion-picture theaters, adult theaters; escort agencies; nude model studios and sexual encounters center, and any other similar business operated in a similar manner.
A commercial establishment which as one of its principal business purposes offers for sale or rent for any form of consideration any one or more of the following: videocassettes, video reproduction, photographs, films, motion pictures, slides, or other visual representations that depict or describe specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration. An "escort" means a person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person, or, for consideration but without license granted by the State of New York, agrees or offers to provide a massage for another person.
Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any other form of consideration.
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration 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 are in a state of nudity or seminude.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
§ 130-87 Penalties for offenses.
A.
Any person, firm, corporation or entity found to be violating any provisions of this article shall be served with a written notice by the Town's Code Enforcement Officer or his designee, stating the nature of the violation and providing for immediate correction thereof. Such notice shall be served by one of the following methods:
(1)
By personal service;
(2)
By certified mail, return receipt requested, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Champlain; or
(3)
By posting of such notice in a conspicuous place upon the premises affected, and a copy thereof mailed, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Champlain.
B.
Any person, firm, corporation or entity who shall violate any portion of this article shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this article shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
C.
The owner and/or occupant and/or tenant and/or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
D.
Any person, firm, corporation or entity violating any of the provisions of this article shall become liable to the Town of Champlain for any expense or loss or damage occasioned by the Town of Champlain by reason of such violation.
E.
The imposition of penalties herein prescribed shall not preclude the Town of Champlain or any person from instituting appropriate legal action or proceedings to prevent a violation of this article, or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this article.