[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
In the execution of this chapter, it is recognized that there are some
uses which, due to their very nature, have serious objectionable characteristics
which can lead to significant adverse impacts on the economic and social welfare
of the surrounding community. Therefore, the Village Board of Trustees of
the Village of Pulaski recognizes that special regulation is necessary in
order to limit the proliferation of adult entertainment businesses and to
ensure that the effect of such businesses will not adversely affect the health,
safety and economic well-being of the community.
As used in this chapter, the following terms shall have the meanings
indicated:
Any establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals, films and other
viewing materials which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual, or specific
anatomical areas or an establishment with a segment or section devoted to
the sale or display of such material and sexual apparatus and devices, and
which establishment is customarily not open to the public generally, but excludes
any minor by reason of age.
A public or private establishment which presents topless dancers,
strippers, male or female impersonators or exotic dancers or other similar
entertainments, and which establishment is customarily not open to the public
generally, but excludes any minor by reason of age.
Any establishment which, for the purpose of entertainment or gratification
of the patron, markets or has available for use that stock-in-trade traditionally
associated with adult bookstores, as defined above.
A motel which is not open to the public generally, but excludes minors
by reason of age.
Any establishment having as a substantial or significant portion
of its stock-in-trade, whether for sale or on display, those materials or
apparatus and devices used or employed for sexual gratification.
A theater that customarily presents motion pictures, films, videotapes
or slide shows that are not open to the public generally, but excludes any
minor by reason of age.
A method of treating the external parts of the human body by rubbing,
stroking, kneading, tapping or vibrating with the hand or any instrument.
Any establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors, sauna
baths and steam baths. The definition shall not be construed to include a
hospital, nursing home, medical clinic or the office of 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.
Any individual who administers a massage to another individual at
a massage establishment. This definition shall not include any health care
practitioner duly licensed by the State of New York.
A theater which presents material in the form of live shows, films
or videotapes, viewed from an individual enclosure, for which a fee is charged
and which is not open to the public generally, but excludes any minor by reason
of age.
Flagellation or torture by or upon a human being who is nude, clad
in undergarments or in revealing or bizarre costumes, or the condition of
one who is nude or so clothed and is being fettered, bound or otherwise physically
restrained.
Any act of masturbation, cunnilingus, fellatio, sodomy, sadomasochism,
homosexuality, sexual intercourse or physical contact with a person's clothed
or unclothed genitals, pubic area, buttock or between humans and animals,
in an act of apparent sexual stimulation or gratification.
Includes:
Any act or observation which will satisfy, arouse, stimulate or benefit
the sexual desires of the actor or any observer.
Human male or female genitals, pubic area or buttocks with less than
a full, opaque covering, or female breast with less than a fully opaque covering
of any portion thereof below the top of the nipple, or covered male genitals
in a discernibly turgid state.
No person shall cause or permit the establishment of any of the following adult uses as defined in § 6-2 above and are restricted as to location in the following manner, in addition to any requirements of this Code.
A.Â
Adult uses shall be allowable in districts zoned industrial
and commercial only through the issuance of a special use permit by the Planning
Board after a public hearing.
B.Â
Such uses shall be a minimum of 1,000 feet from schools,
churches, public parks and recreation lands, day-care centers, municipal boundary
lines and other adult uses.
C.Â
Any such establishment must be located at least 500 feet
from any residence or residential building.
D.Â
No more than one of the adult uses, as defined above,
shall be located on any lot.
E.Â
No adult use shall be established in any building of
which any part is used for residential purposes.
F.Â
No residential use shall be established in any building
of which any part is used as an adult use establishment.
G.Â
Stairways, sloping or rising paths, building entrances
and exits shall be illuminated. Spotlight-type fixtures attached to buildings
should be avoided.
H.Â
Adequate lighting shall be provided on a site to ensure
safe movement of persons and vehicles and for security purposes.
I.Â
No exterior sign shall contain any photographic or artistic
representation specifying anatomical areas.
J.Â
All building openings, entries, windows, doors, etc.,
shall be located, covered or screened in such a manner as to prevent a view
into the interior of the building from any public right-of-way or adjacent
property.
K.Â
Parking.
(1)Â
All adult uses shall be provided with off-street parking
for all vehicles during typical peak use periods. Off-street parking may be
located off-site, but must be within 300 feet of the site. If the property
on which such parking will be permitted is not owned by the business operating
the adult use, then evidence, in writing, must be submitted to the Village
Planning Board indicating the owner's agreement to allow patrons of the adult
use access to such off-site parking facilities.
(2)Â
One parking space for every 200 square feet of gross
floor area devoted to the adult use shall be provided.
It is further declared that:
A.Â
The location of these uses in regard to areas where our
youth may regularly assemble and the general atmosphere encompassing their
operation is of great concern to the Village of Pulaski.
B.Â
The establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
C.Â
The proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit and intent of this chapter
will be observed.
D.Â
If 51% or more of the property owners within the specific
Industrial or Commercial Service District proposed for said use petition the
Planning Board at the public hearing stating objection to the proposed use,
the special use permit shall not be granted.
For purposes of this section, measurements shall be made in a straight
line, without regard to the intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises for an
adult entertainment business to the nearest property line of a building containing
a residential dwelling or rooming unit, a church, school or amusement arcade
or to the nearest boundary of a park or playground.
