Ogdensburg City Zoning Code
ARTICLE XXI
Adult Entertainment Uses
§ 221-104 Purpose.
It is recognized that buildings and establishments operated as adult entertainment uses have serious objectionable operational characteristics which may result in the blighting and deterioration of areas surrounding them and the City itself. In order to promote the health, welfare and well-being of the residents of the City of Ogdensburg, this section is intended to restrict adult uses to nonresidential and nonbusiness areas of the City. The City Council hereby finds that the operational characteristics of adult entertainment uses increase the detrimental impact on a community when such uses are concentrated. Therefore, this section is intended to promote the health, safety and general welfare of the residents of the City of Ogdensburg by regulating the concentration of such uses.
§ 221-105 Definitions.
General. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
An establishment consisting of, including or having the characteristics of any or all of the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT ENTERTAINMENT CABARET:
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis depicting, describing or relating to sexual activities or anatomical genital areas.
A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
ADULT LIVE THEATERAn establishment devoted to or an area used for presenting any plays, shadow plays, skits, pantomimes or other actions which are characterized by an emphasis on matter depicting or describing or simulating or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein. The foregoing shall not apply to any plays, shadow plays, skits, pantomimes or other actions presented or performed at or under the auspices of any educational institution.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
MASSAGE PARLORAny establishment where, for any form of consideration or gratuity, any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on the administration of any alcohol rub, electric or magnetic treatments or any other treatment or manipulation of the human body or by putting pressure or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, but, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage where such occurs in connection with specified sexual activities or where the individual providing such treatment, manipulation or service related thereto exposes specified anatomical areas or has sexual contact as hereinafter defined. The foregoing shall not apply to licensed hospitals, licensed nursing homes or clinics or persons holding any unrevoked certificates to practice and of the healing arts under the laws of New York State or persons working under the direct supervision and in the presence of any such persons or in any such establishments, nor shall this section apply to barbers or cosmetologists carrying out their trade or business and holding a valid unrevoked license or certificate of registration issued by the State of New York, nor shall this section apply to any persons performing such massages in connection with the care, treatment and training of persons involved in recognized athletic endeavors.
§ 221-106 Location; signs; blockage of view from public places; establishment of business.
Provided that the requirements of the Municipal Code of the City of Ogdensburg are complied with and other pertinent laws of the City of Ogdensburg, County of St. Lawrence and the State of New York, adult entertainment uses, as hereinafter defined, shall be permitted only in the I/I Industrial/Institutional District, subject to the following regulations:
A.
No adult entertainment use shall be located in the City of Ogdensburg, except in the I/I Industrial/Institutional District.
B.
No adult entertainment use shall be located within 800 feet of any residential zoned area or municipal boundary.
C.
No adult entertainment use shall be located within 1,000 feet of any church, school, park, playground, day care, youth center or location where children traditionally congregate.
D.
No adult entertainment use shall be located within 500 feet of another such use.
E.
Only one sign shall be permitted visible from the exterior of a building which is occupied by an adult entertainment use business, and such sign shall be no larger than six square feet, nor shall the sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representations whatsoever thereon. All such signs shall be in compliance in all other respects with the existing regulations of the City of Ogdensburg.
F.
All openings, entries, windows, doors, etc., to an adult entertainment use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.
G.
The establishment of an adult entertainment use business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses defined herein, whether such conversion be for a permanent or temporary use.
§ 221-107 Measurement of distances.
For purposes of this section, measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises for an adult entertainment use business to the nearest property line of land upon which is situated a school, church, park, playing field, day-care center, library or other recreational facility where numbers of minors regularly congregate or to the nearest dividing line which established the boundary between the Industrial/Institutional District and any other district.
§ 221-108 Penalties for offenses.
Any person, firm or corporation violating any of the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. Each day the offense is continued shall constitute a separate and distinct violation hereunder.
§ 221-109 Severability.
If any provisions or clauses of this article or its application to any person, persons or corporation or circumstances is held to be unconstitutional or otherwise invalid, such decision shall not effect the remaining provisions or clauses of the article or applications thereto which can be implemented without such invalid provision or clause, and, to this end, the provisions and clauses of the article are declared to be severable.
§ 221-110 When effective.
This article shall take effect upon the filing with the Secretary of State pursuant to the provisions of the Municipal Home Rule Law of the State of New York.