It is recognized that there are some uses which, because
of their very nature, have serious objectionable operational characteristics
under certain circumstances, which produce a deleterious effect upon
adjacent areas. Special regulation of these uses is necessary to ensure
that adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood. The Town Board of the Town of Rotterdam
finds it in the public interest to enact these regulations. The purpose
of these regulations is to prevent or lessen the secondary effects
of adult entertainment uses, and not to inhibit freedom of speech.
The unrestrained proliferation and inappropriate location
of such businesses is inconsistent with existing development and future
plans for the Town of Rotterdam in that they often result in influences
on the community which increase the crime rate and undermine the economic
and social welfare of the community. The deleterious effects of these
businesses change the economic and social character of the existing
community and adversely affect existing businesses and community and
family life.
ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, periodicals or other printed matter or photographs, films, videos, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, videos, slides or other photographic material, or which utilizes employees who, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, videocassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
ADULT MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
PEEP SHOWSA theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
Less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below a point immediately
above the top of the areola; and
Location restrictions. Notwithstanding Chapter 217 of the Rotterdam Code, adult entertainment uses shall be permitted only in Industrial Zoning Districts known as "Duanesburg Road, Rotterdam, New York," Tax Identification Numbers 58.00-1-200./1, 58.00-1-200./3, 58.00-1-2.2, 48.18-7-35, 48.18-7-36, 48.18-7-37, 48.18-7-38, 48.18-7-39, and subject to the following restrictions:
Five hundred feet of any single-family, two-family
or multiple-family dwelling, including structures devoted to both
residential and commercial or business purposes.
The distances provided hereinabove shall be measured
by following a straight line, without regard to intervening buildings,
from the nearest point of the property parcel upon which the adult
entertainment use is to be located to the nearest point of the parcel
of property or the land use district boundary line from which the
adult entertainment use is to be separated.
No adult entertainment use shall be conducted in any
manner that allows 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 containing an adult
entertainment use. This provision shall apply to any display, decoration,
sign, show, window or other opening.
Adult entertainment uses shall meet all other regulations
of the Town of Rotterdam, including but not limited to district lot
and bulk regulations, parking regulations and signage.