To regulate the creation, opening, commencement and/or operation
of adult use and entertainment establishments, as herein defined,
in order to achieve the following:
A. To preserve the character and quality of life in the Town of Champlain's
neighborhoods and business areas.
B. To control such documented harmful and adverse secondary effects
of adult uses on the surrounding areas as: decreased property values;
attraction of transients; parking and traffic problems; increased
crime; loss of business for surrounding nonadult businesses; and deterioration
of neighborhoods.
C. To restrict minors' access to adult uses.
D. To maintain the general welfare and safety for the Town of Champlain's
residents.
All adult use and entertainment establishments as defined herein
may only be created, opened, commenced or operated within the Industrial/Commercial
8 (IC-8) zoning district as designated in the Town of Champlain.
An adult use and entertainment shall be allowed only in HI — Heavy
Industrial zoning district and within such district, shall not be
allowed:
A. Within 1,000 feet of the boundary of any residential zoning district
in the Town of Champlain;
B. Within 1,000 feet of the property line of a parcel used for residential
purposes in the Town of Champlain;
C. Within 1,000 feet of the property line of a parcel containing or
owned by a church or synagogue, other place of worship, library, school,
day-care facility, park, or playground within the Town of Champlain;
D. On the same parcel as another adult use and entertainment establishment;
E. Within 1,000 feet of the property line of another adult use and entertainment
establishment, whether or not such other establishment is located
in the Town of Champlain. The above distances of separation shall
be measured from the nearest exterior wall of the portion of the structure
containing the adult use and entertainment establishment;
Area, yard, and height requirements shall be the same as for
other uses in the HI — Industrial district, except
as noted above.
One space per each employee plus one space per three seats or
stools.
The Town of Champlain Zoning Board of Appeals will determine
screening and landscaping requirements at the site plan review of
the application.
Signs allowed shall be in compliance with Industrial/Commercial
1 (IC-1) district zone regulations. Any ground, wall, canopy, window
or projection sign shall contain only the name of the establishment.
It shall not contain any advertising or identification of any product,
service, etc.
No printed material, slide, video, photograph, written text,
live show, or other visual presentation format shall be visible from
outside the establishment.
No live or recorded voices, music, or sounds shall be heard
from outside the establishment.
As used in this article, the following terms shall have the
meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-projectors, or other image-producing devices
are maintained to show images to persons in booths or viewing rooms
where the images so displayed depict or describe specified sexual
activities or specified anatomical areas.
ADULT BOOKSTORE
A bookstore which as one of its principal business purposes
offers the sale of publications (including books, magazines, and other
periodicals) which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas; or has as a preponderance of its publications
books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matters depicting, describing,
or relating to specified sexual activities or specified anatomical
areas.
ADULT CABARET/CLUB
A nightclub, bar, restaurant, or other commercial establishment
that regularly features, exhibits, or displays as one of its principal
business purposes persons who appear nude or seminude, or live performances
which are characterized by the exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, videocassettes,
slides, or other photographic reproductions which depict specified
sexual activities or specified anatomical areas.
ADULT LIVE ENTERTAINMENT
Any performance of or involving the actual presence of real
people which exhibits specified sexual activities or specified anatomical
areas.
ADULT MOTEL OR HOTEL
A motel, hotel, or similar commercial establishment that
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
that depict or describe specified sexual activities or specified anatomical
areas as one of its principal business purposes; or offers a sleeping
room for rent for a period of time that is less than 10 hours; or
allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed building or premises used for presenting motion
pictures, a preponderance of which are 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.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features, exhibits, or displays, as
one of its principal business purposes, persons who appear in a state
of nudity or seminude, or live performances that expose or depict
specified anatomical areas or specified sexual activities.
ADULT USE
A public or private establishment or any part thereof, which
presents any of the following entertainments exhibitions or services:
topless and/or bottomless dancers, strippers, topless waitressing,
busing or service; topless hair care or massage, service or entertainment
where servers or entertainers wear pasties, G-strings or both; adult
arcade; adult bookstore or video stores; adult cabarets; adult motels;
adult motion-picture theaters, adult theaters; escort agencies; nude
model studios and sexual encounters center, and any other similar
business operated in a similar manner.
ADULT VIDEO STORE
A commercial establishment which as one of its principal
business purposes offers for sale or rent for any form of consideration
any one or more of the following: videocassettes, video reproduction,
photographs, films, motion pictures, slides, or other visual representations
that depict or describe specified sexual activities or specified anatomical
areas or instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
ESCORT AGENCY
A person or business that furnishes, offers to furnish, or
advertises to furnish escorts as one of its principal business purposes,
for a fee, tip, or other consideration. An "escort" means a person
who, for tips or any other form of consideration, agrees or offers
to act as a date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person,
or, for consideration but without license granted by the State of
New York, agrees or offers to provide a massage for another person.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas to be observed,
sketched, drawn, painted, sculpted, photographed, or similarly depicted
by other persons who pay money or any other form of consideration.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration physical contact
in the form of wrestling or tumbling between persons of the opposite
sex, or activities between male and female persons and/or persons
of the same sex when one or more of the persons are in a state of
nudity or seminude.
SPECIFIED ANATOMICAL AREAS
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 human male genitals in a discernible
turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal;
or acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks
or breasts.