Newstead City Zoning Code
ARTICLE IX
Adult Uses
§ 450-68 Intent.
Buildings and establishments operated as adult uses characteristically result in creating a skid-row effect on adjoining properties. Accordingly, in order to prevent deteriorating property values, higher crime rates, traffic congestion and depressed neighborhood conditions in the Town of Newstead and to promote the health, safety and welfare of Town residents, this article is intended to restrict adult uses to nonresidential and nonretail business areas of the Town and otherwise regulate their operation. Furthermore, since the deleterious impact on the community increases when such uses are concentrated, this article also regulates the concentration of such uses.
§ 450-69 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An establishment which has a substantial or significant portion of its stock-in-trade in books, magazines, newspapers, movie films, devices, slides or other photographic or written reproductions, which excludes minors by reason of age.
A building or part of a building devoted to the showing of moving pictures on a paid-admission basis if such establishment is customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age.
Any manner of dress in which a person appears with less than completely and opaquely covered human genitals and/or pubic region.
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers and/or bottomless dancers, strippers, male or female impersonators or similar entertainers or employees appearing in a bottomless and/or topless manner of dress.
Any manner of dress in which a female appears with the breast region exposed below a point immediately above the top of the areola.
§ 450-70 Regulations.
A.
Permitted districts. Adult uses shall be permitted in I-1 and I-2 Districts upon issuance of a special permit by the Town Board. Adult uses shall be prohibited in all other districts.
C.
Development standards.
(1)
Buildings shall meet all applicable safety standards of the New York State Uniform Fire Prevention and Building Code, including but not limited to adequate fireproofing of walls, floors and ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.
(2)
All building openings, entries, windows, etc., for adult motion-picture theaters shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.
(3)
Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walks or from any public or semipublic area.