The Village Board of Trustees has determined that the difficulties
in controlling the operational characteristics and consequences of
sexually oriented adult uses creates a detrimental impact on the community.
If such uses are spread throughout the Village, the detrimental impact
is compounded. Based upon common knowledge, experience and studies
by other municipalities, both large and small, adult uses sought to
be regulated by this chapter have been disproportionately associated
with criminal behavior and other socially undesirable behavior. Such
behavior includes increased disorderly conduct, prostitution, dissemination
of child and adult pornography, increased drug trafficking and substance
abuse. These have the resulting effects of depressing property values
in the surrounding neighborhood, subjecting residents and persons
lawfully in the area to personal harm and increasing the burden upon
law enforcement personnel. Therefore, the purpose of this chapter
is to regulate sexually oriented adult uses, in order to promote the
health, safety, moral and general welfare of the citizens of, and
visitors to, the Village of Chittenango.
This chapter is enacted pursuant to authority granted under
§ 10-1(a)(12) and § 10-4(b) of the Municipal Home
Rule Law of the State of New York and § 4-412(1) of the
Village Law of the State of New York.
General intent: unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application.
ACTS OF SEXUAL GRATIFICATION
Acts which result in the satisfaction of overtly sexual desire,
including, but not limited to, masturbation, sexual intercourse, sodomy,
sexual touching, and those similar acts for which the Penal Law of
the State of New York provides criminal sanctions for unauthorized
contact or public display.
ADULT USES
Those uses which primarily promote, utilize, sell or display
human conduct, materials or speech which are primarily intended to
incite immediate sexual arousal and/or response. They may include,
but are not limited to portrayal of persons engaging in intimate sexual
contact; activities of employees or contractors who openly display
parts of the human anatomy and sexual genitalia, in a manner which
incites a sexual response; sale or rental of books, CDs, videotapes,
audiotapes and other media which openly portray intimate sexual contact;
offer customers the opportunity to have direct contact with objects,
or persons, for the purpose of sexual gratification; offer for sale
pictures, posters, and other printed materials which depict intimate
sexual contact and/or openly display intimate parts of the human anatomy
primarily for sexual gratification purposes; engage in oral communication
principally intended to induce sexual arousal; and sale or rental
of objects similar to sexual organs in appearance, or whose primary
purpose is to act as a substitute for a sexual organ, primarily to
promote sexual gratification.
BUSINESS
Any commercial enterprise, association, or arrangement which
charges a fee, or otherwise requires consideration of monetary value,
for its products, whether or not actually paid.
DISSEMINATION
The transfer or possession, custody, control or ownership
of, or the exhibition of, presentation of, any material object, or
the display of any performance of activities by a person or animal
in any media form to a customer, member of the public or business
invitee. With regard to its meaning in this chapter, when the words,
conduct and material being disseminated is for adult use distinguished
by, or characterized by, a substantial emphasis on matter depicting,
describing or relating to acts of sexual gratification. Such shall
include the temporary possession of such materials with intent to
disseminate.
INTIMATE PARTS OF THE HUMAN ANATOMY
Those parts of the human anatomy commonly covered by clothing
and for which a person is subject to criminal prosecution resulting
from the unauthorized touching thereof or contact with, under the
Penal Law of the State of New York.
PERSON
Any person, firm, partnership, corporation, association,
or legal representative, acting individually or jointly.
SUBSTANTIAL BUSINESS CONNECTION
Having ownership, responsibility for operation, control of
conduct, directly or indirectly, of a business, premises, building
or location where a business is conducted; having a share in any potential
profits or losses of a business; having a share of ownership of assets
of a business from which profits are derived based upon usage; having
an ownership interest in the premises or structure in which a business
is located; individuals who are officers, directors or shareholders,
either directly, indirectly or beneficially, of more than 20% of any
class of stock of a business; any person who has furnished, or furnishes,
more than 20% of the capital financing or assets of a business, whether
in cash, goods or services; and having a leasehold interest in any
structure or premises upon which the business is located or operated.
In addition to the requirements of the Zoning Chapter of the
Village Code of the Village of Chittenango, any new adult use shall only be permitted, subject to
the following restrictions:
A. No adult use shall be located within 500 feet of another existing
adult use.
B. No adult use shall be located within 1,000 feet of the boundaries
of any zoning district primarily designated for single-family, two-family
or multiple-family dwelling units.
C. No adult use shall be located within 1,000 feet of a preexisting
public or private school, park, playground, child day-care center,
library or a structure primarily used for worship.
D. No adult use shall be located in any zoning district, except those
districts designated as special business or industrial use.
E. No structure, business or entity authorized to conduct an adult use
shall offer a room, or rooms, to its customers for the purpose of
permitting its customers to engage in acts of sexual gratification,
either among themselves or with employees or contractors of the business
or entity, whether or not a fee is charged for use of the room or
for contact with its employees or contractors.
F. Every adult use shall conduct business in an enclosed building, with
a setback from a public street of at least 100 feet, with a minimum
fifty-foot side yard requirement and one-hundred-foot rear yard requirement.
Regardless of location or distance, there shall not be visible,
from outside a structure having a use governed by these provisions,
pictures, photographs, drawings, or other realistic depictions of
intimate parts of the human anatomy or acts of sexual gratification
which are located on or inside such structure. There shall also not
be visible, from outside such structure, live presentations of intimate
parts of the human anatomy or any live acts of sexual gratification,
which are conducted inside such structure. All signs advertising such
adult use must otherwise comply with sign restrictions of the Zoning
Chapter of the Village Code and other applicable laws regarding signs.