Town of Rotterdam, NY Article XXV Supplemental Regulations

[Added 8-8-2001 by L.L. No. 9-2001]

§ 270-214 Adult entertainment uses.

A. Findings and legislative intent.

(1) 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.

(2) 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.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT USES

(1) ADULT BOOK AND/OR VIDEO STORE An 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.

(2) ADULT ENTERTAINMENT CABARET A 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.

(3) ADULT THEATER A 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.

(4) ADULT MOTION PICTURE THEATER Any 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.

(5) MASSAGE ESTABLISHMENT Any 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.

(6) ADULT MODEL STUDIO Any 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.

(7) PEEP SHOWS A 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.

SPECIFIED ANATOMICAL AREAS

(1) 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

(2) Human male genital in a discernible turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal; or

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.

C. 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:

(1) Adult entertainment uses are prohibited within:

(a) Five hundred feet of any zoning district which is zoned to allow residential use.

(b) Five hundred feet of any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes.

(c) Five hundred feet of any public or private school.

(d) Five hundred feet of any church or other religious facility or institution.

(e) Five hundred feet of any public park, public bike path, playground or playing field, cemetery, civic or recreational facility.

(2) No adult entertainment use shall be allowed within 500 feet of another existing adult entertainment use.

(3) No more than one adult entertainment use shall be located on any lot.

(4) 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.

D. Other restrictions.

(1) 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.

(2) There shall be no outdoor sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment.

(3) Adult entertainment uses shall obtain site plan approval from the Planning Board in accordance with Chapter 270, Article XVII, of the Zoning Code.

(4) 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.

(5) It shall be unlawful to operate an adult entertainment use between the hours of 12:00 midnight and 8:00 a.m.