[HISTORY: Adopted by the City Council of the City of Canandaigua
10-16-1997 by Ord. No. 21 as Ch. 10.52 of the 1997 Municipal Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Child protection — See Ch. 573.
Zoning — See Ch. 850.
It is the purpose of this chapter to regulate the creation, opening,
commencement, or operation of adult entertainment uses as herein defined,
and to that end the City of Canandaigua City Council makes the following findings,
based upon recent studies evaluating the nature and extent of adverse secondary
effects caused by adult entertainment uses in commercial and residential areas,
including a 1990 study by the Town of Islip, Long Island, and a 1989 study
by the Minnesota Attorney General.
A.
Areas within close walking distance of single- and multiple-family
dwellings should be free of adult entertainment uses.
B.
Areas where children could be expected to walk, patronize
or recreate should be free of adult entertainment uses.
C.
Adult entertainment uses should be located in areas of
the City which are not in close proximity to residential uses, churches, parks
and other public facilities, and schools.
D.
The image of the City of Canandaigua as a pleasant and
attractive place to reside will be adversely affected by the presence of adult
entertainment uses in close proximity to residential land uses, churches,
parks and other public facilities, and schools.
E.
Regulation of adult entertainment uses should be developed
to prevent deterioration and/or degradation of the vitality of the community
before the problem exists, rather than in response to an existing problem.
F.
Commercial areas of the City patronized by young people
and children should be free of adult entertainment uses.
G.
Students walking to school should not be subjected to
confrontation with the existence of adult entertainment uses.
H.
Location of adult entertainment land uses in areas of
the City which are in close proximity to schools, and commercial areas patronized
by students and young people, will have a detrimental effect upon the quality
of education for students within the City.
I.
Education of City students will be negatively affected
by location of adult entertainment uses in close proximity to location of
schools.
J.
Adult entertainment uses should be regulated by zoning
to separate them from other dissimilar uses just as any other land use should
be separated from uses with characteristics different from itself.
K.
Residents of the City of Canandaigua, and persons who
are nonresidents but who use the City of Canandaigua for shopping and other
commercial needs will move from the community or shop elsewhere if adult entertainment
uses are allowed to locate in close proximity to residential uses, churches,
parks and other public facilities, and schools.
L.
Location of adult entertainment uses in proximity to
residential uses, churches, parks and other public facilities, and schools
may lead to increased levels of criminal activities in the vicinity of such
adult entertainment uses.
M.
Merchants in the commercial area of the City of Canandaigua
are concerned about adverse impacts upon the character and quality of the
City in the event that adult entertainment uses are located within close proximity
to residential uses, churches, parks and other public facilities, and schools.
Location of adult entertainment uses in close proximity to residential uses,
churches parks and other public facilities, and schools will reduce retail
trade to commercial uses in the vicinity thus reducing property values and
tax revenues to the City. Such adverse effect on property values will cause
the loss of some commercial establishments followed by a blighting effect
upon the commercial districts within the City, leading to further deterioration
of the commercial quality of the City.
N.
Experience in numerous other cities, including Seattle
and Tacoma, Washington, and Detroit, Michigan, has shown that location of
adult entertainment uses degrade the quality of the area of the locality in
which they are located and cause a blighting effect upon the City. The skid
row effect, which is evident in other cities, will have a significantly larger
effect upon the City of Canandaigua than other major cities due to the relative
small size of Canandaigua.
O.
No evidence has been presented to show that location
of adult entertainment uses within the City will improve the commercial viability
of the community.
P.
A reasonable regulation of the location of adult entertainment
uses will provide for the protection of the image of the community and its
property values, and protect the residents of the community from the adverse
effects of such adult entertainment uses, while providing to those who desire
to patronize adult entertainment uses such an opportunity in areas within
the City which are appropriate for location of adult entertainment uses.
Q.
The community will be an undesirable place to live if
it is known on the basis of its image as the location of adult entertainment
uses.
R.
A stable atmosphere for the rearing of families cannot
be achieved in close proximity to adult entertainment uses.
S.
The initial location of adult entertainment uses will
lead to the location of additional and similar uses within the same vicinity,
thus multiplying the adverse impact of the initial location of adult entertainment
uses upon the residential, churches, parks and other public facilities, and
schools, and the impact upon the image and quality of the character of the
community.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment that sells, or offers for sale, adult material and
which adult material constitutes a substantial or significant portion of its
stock-in-trade or the sale of which adult material represents a substantial
or significant percent of the establishment's gross sales and which establishment
is customarily not open to the public generally but excludes minors by reason
of age.
An establishment that permits, presents or allows dancers or other
entertainers to display or expose specified anatomical areas, and excludes
minors by reason of age. "Adult entertainment nightclub" shall include establishments
commonly known as "topless bars" and establishments that permit, present or
allow topless, bottomless or nude dancers, or male or female strippers.
An adult bookstore, adult entertainment nightclub, adult motion-picture
theater, or peep show.
[1]Any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, slides or other visual representations
or recordings, novelties, and devices that have as their primary or dominant
theme matter depicting, illustrating, describing or relating to specified
sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia designed for use in connection
with specified sexual activities.
A motel which is not open to the public generally but excludes minors
by reason of age, or which makes available to its patrons in its rooms films,
slide shows, or videotapes, which if presented in a public movie theater would
not be open to the public generally but would exclude any minor by reason
of age.
An enclosed building used for presenting motion picture films, video
cassettes, cable television or any other such visual media, distinguished
or characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas" as defined
herein for observation by patrons therein.
[2]A theater which presents matter depicting, describing, or relating
to specified anatomical activities in the form of live shows, films, CD-ROM,
cable television, or any other such visual media or videotapes, viewed from
an individual enclosure, for which a fee is charged and which is not open
to the public generally but excludes minors by reason of age.
Adult Entertainment Districts:
A.
North Street District: to include all properties abutting
the south side of North Street, commencing at the Finger Lakes Railway right-of-way
and extending approximately 1,500 feet to the former Conrail right-of-way
to a depth of 1,500 feet.
B.
Saltonstall Street District: to include all properties
abutting Saltonstall Street on the north and south sides commencing at the
outlet bridge and extending east to the City line, a distance of approximately
1,400 feet, and extending on the north side of Saltonstall Street to a depth
of 750 feet from the north right-of-way line and extending on the south side
to a depth of 375 feet from the south right-of-way line.
No adult entertainment use shall be permitted except in the Adult Entertainment
Districts set forth in this chapter.
Adult entertainment uses shall be subject to the following additional
restrictions:
A.
No adult entertainment use shall be located within a
three-hundred-foot radius of any area zoned for residential use.
B.
No adult entertainment use shall be located within 500
feet of another existing adult entertainment use.
C.
No adult entertainment use shall be located within 1,000
feet of any preexisting school, or other educational institution, day-care
center, public library, church or other place of religious worship, park,
playground or playing field.
A.
The owner of a building or premises, his agent for managing,
controlling or collecting rents or any other person managing or controlling
a building or premises, any part of which contains an adult entertainment
use or who proposes to offer an adult entertainment use shall first register
with the Zoning Officer the following information, on a form for such purpose
supplied by the Zoning Officer.
[Amended 12-15-2005 by Ord. No. 2005-20]
(1)
Form:
(a)
The address of the premises.
(b)
The name of the owner of the premises and the names of
the beneficial owners if the property is in a land trust.
(c)
The address of the owner and the beneficial owners.
(d)
The name of the business or the establishment subject
to the provisions of this chapter.
(e)
The name(s) of the owner, beneficial owner or the major
stockholders of the business or the establishment subject to the provisions
of this chapter.
(g)
The proposed date of commencement of the use.
(h)
The nature of the adult entertainment use.
(i)
If the premises or building is leased, a copy of the
said lease must be attached.
(2)
Within 30 banking days of receipt of a completed registration
form, the Code Enforcement Officer shall issue a certificate of completed
registration, unless the adult entertainment use is not permitted in the location
indicated on the registration form.
B.
It shall be unlawful for the owner or person in control
of any property to establish or operate thereon or to allow any person to
establish or operate an Adult Entertainment Use without first having properly
registered and received the Code Enforcement Officer's certificate of completed
registration.[1]
C.
The owner, manager or agent of a registered adult entertainment
establishment shall display in a conspicuous place on the premises a copy
of the registration form with the certificate of completed registration from
the Code Enforcement Officer of the City of Canandaigua.
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 registered as an adult entertainment use. This provision
shall apply to any display, decoration, sign, show window or other opening.
Any person who shall violate the provisions of this chapter shall be
guilty of a violation and, upon conviction, shall be fined an amount not to
exceed $250 or shall be imprisoned for not more than 15 days, or both, for
each violation. The continuation of a violation of the provisions of this
chapter shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
