[HISTORY: Adopted by the Town Board of the Town of Oneonta 4-11-1990 by L.L. No.
1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 103.
A.
In
the development and execution of this chapter, it is the finding of
the Town of Oneonta that adult entertainment uses, due to their very
nature, have serious objectionable operational characteristics. The
objectionable characteristics of these uses are further heightened
by their concentration in any one area, thereby having deleterious
effects on adjacent areas. Special regulation of these uses is necessary
to ensure that the adverse effects will not contribute to the blighting
or downgrading of surrounding neighborhoods or land uses or pose a
threat to the welfare and safety of the citizens of the Town of Oneonta.
B.
The
purpose of enactment of this chapter is not to impair free speech
as protected by the New York State and United States Constitutions,
but to prevent the deterioration of neighborhoods and to prevent the
deleterious effects of certain adult uses upon adjacent land uses,
and in so doing, to protect the welfare and safety of the public at
large.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, other periodicals,
films, slides and videotapes which are distinguished or characterized
by their emphasis on matter depicting or relating to specified sexual
activity or specific anatomical areas, as defined below, and which
establishment is customarily not open to the public generally but
excludes any minor by reason of age.
A business or facility which regularly features or devotes
a substantial portion of its stock in trade to entertainment or material
that is characterized by an emphasis on specified anatomical areas
or specified sexual activities.
[Added 7-8-1998 by L.L. No. 7-1998]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but excludes any minor by reason of age.
The adult uses as defined in § 2-2 above are to be restricted as to location in the following manner in addition to any other requirements of the Code of the Town of Oneonta:
A.
Any
of the above uses shall not be located within 500 feet of any residential
use.
B.
Any
of the above uses shall not be located within a one-half-mile radius
of any other such use.
C.
Any
of the above uses shall not be located within 500 feet of any public,
private or parochial school nor within 150 feet of a bus stop for
the picking up and dropping off of school children.
D.
Any
of the above uses shall not be located within 500 feet of any church
or other place of religious worship, park, library, playground or
playing field.
No more than one of the adult uses defined above shall be located
on any lot.
A person who violates any of the provisions of this chapter
shall be guilty of a violation and subject to a fine not to exceed
$250. Each day during any portion in which the violation of this chapter
is committed, permitted or continued shall constitute a separate offense.
