Clayton City Zoning Code
§ 235-9
Adult entertainment businesses.
Adult entertainment businesses shall be allowed by site plan review by the Joint Planning Board in the Industrial Districts. Adult entertainment businesses shall not be allowed in any other district.
B. ADULT BUSINESS ADULT CABARET ADULT ENTERTAINMENT BUSINESS ADULT MEDIA ADULT MEDIA OUTLET ADULT MINI MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER ADULT USE ADULT USE, LICENSED CIVIC FACILITY HISTORIC RESOURCE PARK PRIVATE PERFORMANCE RELIGIOUS INSTITUTION SCENIC RESOURCE SCHOOL SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this chapter:
A commercial establishment that defines itself primarily through its exclusion of minors and, to a lesser extent, through its exterior signs and advertisements.
A building or portion of a building regularly featuring dancing or other live entertainment if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the dancing or entertainment is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
Any business entity which knowingly, or with reason to know, permits, suffers or allows private performance as defined in this chapter. "Adult Entertainment Business" also shall be defined to include but not be limited to adult cabaret, adult media outlet, adult mini-motion picture theater, adult motion picture theater, and any other specific adult businesses that might be included.
Magazines, books, videotapes, movies, slides or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
An establishment that rents or sells books, magazines, videotapes, slides, movies or other media, and meets either of the following tests: more than 25% of the gross floor area is devoted to adult media; or more than 50% of the gross sales (including rentals) result from the sale or rental of adult media.
A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
Adult use includes any use which, by its sexually oriented nature, is directed toward the adult population and excludes minors due to age. Such uses include an escort bureau, massage parlor, bathhouse or hourly motel, an adult motion-picture theater, an adult mini motion-picture theater, and adult media outlet.
An escort bureau, adult entertainment establishment, massage parlor or bathhouse licensed under other ordinances, local laws or by a state agency.
Buildings, structures, and uses owned and operated by the Town of Clayton and regularly used for neighborhood meetings and other forms of public assembly.
Any historic building, structure, facility, site or district, or prehistoric site that is listed on the State and/or National Registers of Historic Places. Any historic building, structure, facility, site or district, or prehistoric site that has been proposed by the New York Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register of Historic Places. Any locally significant historic resource designated pursuant to Article 5-K of the New York State General Municipal Law.
Any public or private land available for recreational, educational, cultural, or aesthetic use.
Engaging in specified sexual activities or the display of any specified anatomical area by an employee to a person other than another employee while the person is in an area not accessible during such display to all other persons in the establishment or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area.
An institution that people regularly attend or reside in to participate in or hold religious services, meetings, or other activities. A religious institution includes churches, synagogues, temples, monasteries and convents.
Any road, highway, lane, district, or corridor designated pursuant to Article 49 of the New York State Environmental Conservation Law. Any area designated a scenic area of statewide significance pursuant to New York State's Coastal Management Program (19 NYCRR 602.5). The Seaway Trail, Zenda Farms, and French Creek Wetlands are some examples of scenic resources.
A facility, either public or private, that provides a curriculum of elementary and/or secondary academic instruction, including kindergartens, elementary schools, junior high schools and/or high schools.
These include:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse or sodomy or fondling of or other touching or other erotic touching of human genitals, pubic region, buttock or female breast.
C.
Inclusion of terms. For the purposes of this section, all uses set forth in Subsection B, Definitions, the terms "adult cabaret" through and including "adult use, licensed," shall be known as "adult entertainment businesses."
D.
Concentration of adult entertainment businesses. No adult uses shall be located within 500 feet of any other adult uses.
E.
Location. No adult entertainment business shall be permitted unless located within zone "Industrial," in which such businesses are permitted and, in addition, the structure of the adult entertainment business is located no closer than:
(1)
Five hundred feet from the property line of any of the following:
(a)
Public or private school.
(b)
Religious institution.
(c)
Licensed day-care center, nursery school or preschool.
(d)
Public library.
(e)
Public park, playground or forest preserve.
(f)
Public recreation center.
(g)
Civic facility.
(h)
Historic resource.
(i)
Waterfront Overlay District.
(j)
Scenic resource.
(2)
Two hundred fifty feet from a residential zone.
(3)
One hundred feet from a highway (road) right-of-way.
F.
Nonresidential. No adult use shall be located in any building that is used in whole or in part for residential uses.
G.
Appearance. All building openings, including doors and windows, shall be located, covered or screened in such a way as to prevent a view into the establishment from any public street, sidewalk or parking area. Interior signs, displays or other advertisements containing nude, seminude, or provocative pictures shall not be visible from the exterior of the establishment.
H.
Exterior signs. As a condition of approval of any adult use, there shall be a restriction that 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. Such sign shall be reviewed by the Planning Board in conjunction with the site plan review and shall conform to all signage requirements of this chapter.
I.
Noise reduction. Loudspeakers or sound equipment used by adult uses shall not be audible by the public from any public street, sidewalk or parking area.
J.
Traffic patterns. The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volume on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
K.
Parking. The use makes provision for safe and adequate off-street parking in accordance with these regulations. Parking should consist of one space per 100 square feet of gross floor area plus one space for each employee, at a minimum.
L.
Design and use. The use and proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including, but not limited to, traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
M.
Impact. The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.
N.
Amortization of existing adult entertainment businesses. Any adult entertainment business lawfully operating on the effective date of this chapter and not licensed as required by this chapter shall have 30 days to apply for a license as authorized by this chapter. In the event such license is denied because the business cannot be operated in a location or manner as permitted by this chapter, such operation shall be deemed a nonconforming use. Such nonconforming use shall be permitted to operate for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.