[HISTORY: Adopted by Common Council of City of North Tonawanda 3-16-1982. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 103.
[Amended 5-18-1982]
It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the City of North Tonawanda, this ordinance is intended
to restrict adult uses to nonresidential and nonbusiness areas of
the city. The Common Council hereby finds that the operational characteristics
of adult uses increase the detrimental impact on a community when
such uses are concentrated; therefore, this ordinance is intended
to promote the health, safety and general welfare of the residents
of the City of North Tonawanda by regulating the concentration of
such uses.
A.
General.
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MASSAGE PARLOR
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT USE
BUSINESS
DISSEMINATION
PERSON
PRIVATE MODELING ESTABLISHMENT
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEAM BATH ESTABLISHMENT
SUBSTANTIAL CONNECTION
(1)
(2)
(3)
(4)
Specific
terms. As used in this ordinance, the following terms shall have the
meanings indicated:
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises, by use of motion-picture devices
or any coin-operated means, 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
or business containing 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 or business 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, including but not limited
to an establishment or business where massages, body rubs, sports
rubs, hot oil body rubs or similar services are administered, except
by those licensed to perform said activity under Education Law § 7802.
[Added 8-20-1996]
An enclosed building with a capacity of less than 50 persons
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 or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials 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 establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult motion-picture theaters, adult entertainment cabarets and adult
mini-motion-picture theaters. Furthermore, for purposes of this ordinance
an adult massage parlor, private modeling establishment and steam
bath establishment shall be considered to be an "adult use" covered
by this ordinance.
[Amended 8-20-1996]
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Any establishment having a fixed place of business which
has as its principal use or as an accessory use a service of modeling
lingerie or similar clothing to an individual in a private room.
[Added 8-20-1996]
Any establishment which provides steam baths, hot tubs (whirlpools),
saunas and similar facilities. This definition shall not be construed
to include health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
have hot tubs (whirlpools), steambaths and/or saunas that are accessory
to the health clubs or those bona fide medical or health service establishments
which have as an accessory use steam baths, hot tubs (whirlpools)
or saunas for use in medical therapy.
[Added 8-20-1996]
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who shares in
the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director
or a holder, either directly, indirectly or beneficially, of more
than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
In addition to the requirements of the Zoning Ordinance[1] of the City of North Tonawanda, adult uses shall be permitted
subject to the following restrictions:
A.
No
adult use shall be allowed within 500 feet of another existing adult
use.
B.
No
adult use shall be located within 500 feet of the boundaries of any
zoning district which is zoned for residential use or commercial district.
C.
No
adult use shall be located within 2,000 feet of a preexisting school,
place of worship, day-care center, park or playground.
[Amended 8-20-1996]
D.
No
adult use shall be located in any zoning district, except those districts
zoned for WD-1 Waterfront District. No more than one of the uses governed
by these provisions shall be permitted on any single lot in the City
of North Tonawanda.
E.
This
ordinance shall not apply to any establishments existing on the effective
date of said ordinance.
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, screen
or other opening.
A.
No
person, firm, corporation or other entity shall lease, rent, maintain,
operate, use or allow to be operated or used any business or establishment,
any part thereof which contains an adult use, without first complying
with the provisions of this section as set forth below.
B.
In
addition to any and all other necessary licenses and permits, no form
of adult use shall be allowed to operate nor allowed to continue to
operate, until a certificate of registration is filed with the the
City Clerk containing:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises and the name
and address of the beneficial owner(s) if the property is in a land
trust.
(3)
The name of the business or the establishment subject to the provisions
of this ordinance.
(4)
The name, business and home address, business or home phone numbers
of all owners of the business or establishment subject to the provisions
of this ordinance.
(5)
The names, business and home addresses, business or home phone numbers
of all those persons having a substantial connection with the business
or establishment subject to the provisions of this ordinance.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises or the building in which the business containing
the adult use is located is leased, a copy of the lease.
C.
If
there occurs any change in the information required for the certificate
of registration, the City Clerk shall be notified of such change,
and a new or amended certificate filed within 30 days of such change.
D.
The processing fee for each certificate of registration or amendment thereto shall be $1,000. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in § 9A-6, and the processing fee provided in this section shall be an annual charge.
E.
No
certificate of registration issued under the provisions of this section
shall be transferable to any person other than the registrant, nor
shall a certificate of registration be transferable for use at any
premises, building or location other than that stated in the certificate
of registration.
F.
The
owner, manager or agent of any adult use shall cause a copy of the
certificate or registration issued under the provisions of this section
to be prominently displayed on the premises, building or location
for which it is issued.
G.
Any
knowingly false statement, or any statement which the registrant or
applicant should reasonably have known to be false, which is provided
in the certificate of registration or any document or information
supplied therewith shall be grounds for rejection, suspension or revocation
of the certificate of registration.
H.
It
is a violation of this ordinance for the owner or person in control
of any property to establish or operate thereon or to permit any person
to establish or operate an adult use without having in force a certificate
of registration complying with this section.
A.
No
use as described in this ordinance shall be established until the
issuance of an annual special use permit by the City Clerk. Application
for such a special use permit shall be in conformity with this ordinance
and as provided for herein. The application shall be, in writing,
to the City Clerk and shall consist of a description of the premises
for which the permit is sought, a plain and concise statement of the
use which is proposed and such additional information as shall be
required by the City Clerk. The City Clerk shall call a public hearing
for the purpose of considering the request for each and every special
use permit. At least 10 days' notice of the time and place of
the public hearing shall be given by the publication of a notice in
a newspaper of general circulation in the City of North Tonawanda,
indicating the general nature of the public hearing and the fact that
those persons interested therein may be heard at the time and place
of such hearing.
B.
A
special use permit issued under the provisions of this section shall
not be transferable.
[Added 8-20-1996]
If any clause, sentence, paragraph or part of this ordinance
or application thereof to any person or circumstance shall be adjudged
by any court to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and the persons
and circumstances directly involved in the controversy in which such
judgment shall have been rendered.
These ordinance amendments shall take effect upon approval by
the Common Council and publication in the official newspaper of the
city.
