[Amended 6-2-2008 by L.L. No. 3-2008]
Buildings and establishments operated as adult
uses are detrimental and harmful to the health, safety, morals and
general welfare of a community in that they engender adverse effects
which contribute to the blighting or downgrading of a surrounding
neighborhood. The Town has conducted a study that has confirmed that
the conduct of adult entertainment uses in the Town of Tonawanda could
cause or contribute to adverse impacts on the surrounding and adjacent
properties, and determined locations within the Town where such businesses
could be located to minimize the secondary impacts. In order to promote
the health, safety, morals and general welfare of the residents of
the Town of Tonawanda, this article is intended to restrict adult
uses to those areas of the Town, excluding the Village of Kenmore,
where they do not adversely affect adjoining uses and otherwise regulate
their operation. It is not intended to limit freedom of speech. Moreover,
because the operational characteristics of adult uses which are concentrated
in a particular area are such that the deleterious impact on the surrounding
neighborhood is increased, this article is intended to promote the
health, safety, morals, general welfare and good order of the residents
of the Town of Tonawanda by regulating the concentration of such uses.
[Amended 6-17-1996 by L.L. No. 5-1996; 6-2-2008 by L.L. No. 3-2008]
As used in this article, the following terms
shall have the meanings indicated:
An establishment in which a substantial or significant portion
of its stock-in-trade consists of books, magazines, films, videocassettes,
digital video discs or similar media for sale or viewing on the premises
by use of motion-picture devices or any other coin-operated means,
and other materials which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas; or an establishment
with a segment or section devoted to the sale or display of such material.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
A public or private establishment which is used for the provision
of the service of stroking, kneading, tapping or vibrating the human
body with the hands or other devices, with or without the aid of oils
or other lubricants, except by those licensed to perform said activity
under Education Law § 7802.
An enclosed building with a capacity of less than 50 persons
which is used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed building with a capacity of 50 or more persons
which is used regularly and routinely for presenting material having
as a dominant theme material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
[Amended 1-11-1988 by L.L. No. 1-1988; 6-17-1996 by L.L. No. 5-1996; 6-2-2008 by L.L. No.
3-2008]
Adult uses, including but not limited to adult
bookstores, and/or adult video stores, adult motion-picture theaters,
adult mini-motion-picture theaters, adult massage parlors and adult
entertainment cabarets, shall be permitted subject to the following
restrictions:
A.Â
No such adult uses shall be allowed within 1,000 feet
of another existing adult use.
B.Â
No such adult use shall be located within 500 feet
of the boundaries of property used for residential purposes.
C.Â
No such adult use shall be located within 500 feet
of a preexisting school, park, recreational facility, civic building
or place of worship.
D.Â
No such adult use shall be located within 500 feet
of River Road or within the coastal area as defined by the Town's
Local Waterfront Revitalization Program.
E.Â
No such adult use shall be located in any zoning district
except those zoned G-1 General Industrial District.
F.Â
No more than one adult entertainment use shall be
located on any single lot.
G.Â
The distance set forth in Subsection A herein shall be measured from building to building. The distances set forth in Subsections B and C shall be measured from the nearest property boundary line of the property upon which the adult use is proposed to be located to the nearest point of the parcel containing the use from which the adult use is to be separated
[Amended 6-2-2008 by L.L. No. 3-2008]
A.Â
The owner of a building or premises, his agent for
the purpose of managing, controlling or collecting rents or any other
person managing or controlling a building or premises, any part of
which contains an adult use, shall register with the Town Clerk of
the Town of Tonawanda the following information:
(1)Â
The address of the premises.
(2)Â
The name and address of the owner of the premises
and the names and addresses of the beneficial owners if the property
is in a land trust.
(3)Â
The name of the business or the establishment subject
to the provisions of this article.
(4)Â
The name(s) and address(es) of the owner, beneficial
owner or the major stockholder(s) of the business or the establishment
subject to the provisions of this article.
(5)Â
The date of initiation of the adult use.
(6)Â
The nature of the adult use.
(7)Â
If the premises or building is leased, a copy of said
lease.
B.Â
It is a violation of Article XV for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Town Clerk.
C.Â
Registration under the provisions of this section
shall not be transferable.
The owner, manager or agent of a registered
adult use shall display in a conspicuous place on the premises of
the adult use a copy of the registration filed with the Town Clerk.
No adult use shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
