Town of Fabius, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Fabius 5-17-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USE
A public or private establishment, or any part thereof, which presents any of the following entertainment, services, or sales or rentals on one or more occasions:
A. 
Any place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices to patrons thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activates or specified anatomical areas.
B. 
(1) 
A commercial establishment which, as one of its businesses purposes, offers for sale or rental, any of the following:
(a) 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(b) 
Instruments, devices or paraphernalia which are designed, advertised or sold for use in connection with any specified sexual activity.
(2) 
A commercial establishment may have other business purposes that do not involve the offering for sale or rental of the aforementioned specified materials or products and still be categorized as "adult bookstore" or "adult video store" if one of is business purposes is the offering for sale or rental of the above specified materials or products which depict or describe any specified sexual activity(s) or any specified anatomical area(s).
C. 
A nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons, any of the following:
(1) 
Person(s) who appears in a state of nudity.
(2) 
Live performances which are characterized by the exposure of any specified anatomical area(s) or by the performance or depicting of any specified sexual activity(s).
(3) 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of any specified sexual activity(s) or any specified anatomical area(s).
D. 
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity(s) or specified anatomical area(s) and has a sign or other means of visual display of information which is visible from the public right-of-way and which advertises the availability of this adult type of photographic reproductions.
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours.
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room to another(s) for a period of time that is less than 10 hours.
E. 
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(s) or any specified anatomical area(s).
F. 
A theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area(s).
G. 
A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration, any of the following:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying any specified anatomical area.
H. 
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately remove, in the presence of another, part or all of his/her clothing.
I. 
A person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes, for consideration in any form or amount.
J. 
Any place where a person who appears in a state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by another person or persons who pay money for any form of consideration therefor.
K. 
A state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely specified anatomical area(s).
L. 
An establishment where, for any form or amount of consideration, massage, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of New York. The definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).
SPECIFIED ANATOMICAL AREAS
Any of the following:
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areolae; or
B. 
Human male genitals in a state of sexual stimulation or arousal, or in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
A. 
Masturbation, sexual intercourse, oral copulation or sodomy.
B. 
Fondling or other erotic touching of human genitals, public regions, buttocks, anus or female breasts.
C. 
Masochism, erotic or sexually oriented torture or flagellation, beating or the infliction of pain.
D. 
Erotic touching, fondling or other such contact between an animal and a human being.
The primary purposes of this chapter are as follows:
A. 
To preserve the character and quality of life in the Town of Fabius neighborhoods and business areas.
B. 
To control documented harmful and adverse secondary effects of a concentration or proliferation of adult uses on surrounding areas, such as decreased property values, attraction of transients, parking and traffic problems, increased crime (including prostitution, rape and assaults in the vicinity of such uses), loss of business for surrounding non-adult-use businesses and deterioration of neighborhoods.
C. 
To maintain property values.
D. 
To prevent crime.
E. 
To protect retail trade.
F. 
To restrict minors' access to adult uses.
G. 
To maintain the general welfare, safety and morals for Town of Fabius residents.
Adult uses shall be an allowed use subject to the issuance of a special permit and further:
A. 
An adult use may not be located in any zoning district other than a C-1 District.
B. 
An adult use may not be located within 500 feet of:
(1) 
A church, synagogue or regular place of worship;
(2) 
A public or private elementary, secondary school or licensed child day-care center.
(3) 
A boundary of any residential or agricultural zoning district; or
(4) 
A public park.
C. 
An adult use may not be located within 1,000 feet of another adult use, or the same lot or parcel of land with another adult use.
D. 
An adult use may not be located or operated in a building or structure which contains another adult use.
E. 
For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects from the nearest exterior wall of the building or structure in which an adult use is located to:
(1) 
The nearest property line of the lot or parcel of land on which a church, or public or private elementary or secondary school, or licensed child day-care center is located in the Town of Fabius.
(2) 
The nearest boundary of a public park or a residential zoning district of the Town of Fabius.
(3) 
To the nearest exterior wall of the structures in which another adult use is located.
F. 
Where the adult use is contained within a structure in a shopping center containing two or more businesses separated by common walls, or in an enclosed shopping mall, the distances in Subsections A, B and C above shall be measured from the nearest interior or exterior wall enclosing the adult use location within the shopping center structure or enclosed mall.
G. 
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, adult uses shall be arranged and conducted so that no visual observation can be made from the exterior of an enclosed building containing an adult use therein, of any specified anatomical area or any specified sexual activity by virtue of any display in or on the building which depicts, exhibits or shows said area or activity. This prohibition shall apply to any display, decoration, sign or window or other opening, or any other means or method of visual portrayal of information or advertisement.