Niskayuna Town City Zoning Code
ARTICLE VIIID
Guidelines and Standards for Adult Use Business I-G Overlay Zoning District
[Added 10-22-2002 by L.L. No. 7-2002]
§ 220-48.24 Purpose.
It is the intent of the Town of Niskayuna in adopting this article to ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community and to protect the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
§ 220-48.25 Definitions.
For the purposes of this article, the following terms shall have the meanings indicated:
ADULT BOOK STORE
An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals or paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT CABARET
An establishment which features live go-go dancers, exotic dancers, strippers, topless or partially clad wait staff, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building featuring viewing areas with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT MOTION-PICTURE THEATER
A building with a capacity of more than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment which offers or purports to offer massage or other physical contact for pay to patrons of either gender by employees or staff of either gender. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a New York State licensed massage therapist, a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
ADULT USE BUSINESS
The use of land or structures for an adult bookstore, an adult video store, an adult motion-picture theater, an adult mini-motion-picture theater, an adult cabaret, or an adult physical contact establishment; or any other business which displays, presents, sells, loans or otherwise promotes materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT VIDEO STORE
An establishment having a substantial or significant portion of its stock-in-trade video films, DVD's, video cassettes or other media or paraphernalia for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or
B.
Human male genitals in a discernable turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal; or
B.
Acts of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
§ 220-48.26 Establishment of overlay zone.
An overlay zone is hereby established for adult use businesses within a portion of the General Industrial Zone and shall be known as the "I-G Overlay District" as shown on the Zoning Map of the Town of Niskayuna.[1] All zoning requirements of the I-G District, which are not superseded herein, shall apply to the I-G Overlay District.
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk and may be examined there during regular business hours.
§ 220-48.27 Standards for location and conduct.
A.
No adult use business shall be established within 500 feet of any of the following:
(1)
Public or private school.
(2)
Church or other house of worship.
(3)
Licensed day-care center, nursery school or preschool.
(4)
Public library.
(5)
Public park, playground or forest preserve.
(6)
Public recreation or community center.
(7)
Senior center.
(8)
Fire station or ambulance/emergency response facility.
B.
No adult use business shall be established within 500 feet of any residential dwelling.
C.
Any private booths or areas within such adult use businesses, either for the viewing of motion pictures or live performances, shall be subject to the following requirements:
(1)
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion-pictures and/or live performances or areas shall be open to public view from the common areas of the establishment and that there not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment.
(2)
That such private viewing areas be well lighted and readily accessible at all times and shall continuously be open to view.
(3)
Lighting throughout the adult establishment shall be sufficient to illuminate every area which patrons are permitted access.
D.
All adult use business shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window, or by means of a depiction or decoration, or to allow to be displayed or exhibited, any specified anatomical areas or specified sexual activities.
E.
The exterior appearance of the building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
F.
Adult use businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(1)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(2)
Exterior signs, displays or other advertisements which contain nude, seminude, or pictures or silhouettes shall be prohibited.
(3)
Interior signs, displays, posters or other advertisements which contain nude, seminude or pictures shall be located a minimum of six feet from any window or door, and shall not be visible from the exterior of the establishment.
(4)
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
G.
Adult use businesses shall be required to meet all zoning and construction standards and requirements of the laws of the Town of Niskayuna including, but not limited to, lot and bulk regulations, parking requirements, signage, facade and screening regulations.
§ 220-48.28 Penalties for offenses.
The violation of this article shall be a misdemeanor. In addition, any person violating this article shall be liable to a civil penalty of $500 to be recovered by the Town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this article. The Town may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to refrain the violation of this article. The use of any remedy shall not prevent the use of any other remedy hereafter.