[Added 10-22-2002 by L.L. No. 7-2002]
It is the intent of the Town of Niskayuna in
adopting this article to ameliorate, mitigate, reduce or prevent the
widespread and unregulated imposition of the adverse secondary impacts
of adult-oriented businesses upon the residents, businesses, economic
viability, property values, quality of life and general health, safety
and welfare of the community and to protect the right of free expression,
guaranteed by the U.S. Constitution and the New York State Constitution,
as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses.
For the purposes of this article, the following
terms shall have the meanings indicated:
An establishment having a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals or paraphernalia
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined below.
An establishment which features live go-go dancers, exotic
dancers, strippers, topless or partially clad wait staff, male or
female impersonators or similar entertainers whose performances are
characterized by partial or full nudity.
An enclosed building featuring viewing areas with a capacity
of less than 50 persons used for presenting material distinguished
or characterized by its emphasis on matter depicting, describing or
relating to specific sexual activities or specific anatomical areas
as defined below for the observation of patrons therein.
A building with a capacity of more than 50 persons used for
presenting material distinguished or characterized by its emphasis
on matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below for the observation
of patrons therein.
Any establishment which offers or purports to offer massage
or other physical contact for pay to patrons of either gender by employees
or staff of either gender. This definition shall not be construed
to include a hospital, nursing home or medical clinic or the office
of a New York State licensed massage therapist, a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp,
face, neck or shoulders. This definition also shall exclude health
clubs which have facilities for physical exercise such as tennis courts,
racquetball courts or exercise rooms, and which do not receive their
primary source of revenue through the administration of massages.
The use of land or structures for an adult bookstore, an
adult video store, an adult motion-picture theater, an adult mini-motion-picture
theater, an adult cabaret, or an adult physical contact establishment;
or any other business which displays, presents, sells, loans or otherwise
promotes materials distinguished or characterized by an emphasis on
matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below.
An establishment having a substantial or significant portion
of its stock-in-trade video films, DVD's, video cassettes or other
media or paraphernalia for sale or rental which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specific sexual activities or specific anatomical areas
as defined below.
An overlay zone is hereby established for adult
use businesses within a portion of the General Industrial Zone and
shall be known as the "I-G Overlay District" as shown on the Zoning
Map of the Town of Niskayuna.[1] All zoning requirements of the I-G District, which are
not superseded herein, shall apply to the I-G Overlay District.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk and may be examined there during regular
business hours.
A.
No adult use business shall be established within
500 feet of any of the following:
(1)
Public or private school.
(2)
Church or other house of worship.
(3)
Licensed day-care center, nursery school or
preschool.
(4)
Public library.
(5)
Public park, playground or forest preserve.
(6)
Public recreation or community center.
(7)
Senior center.
(8)
Fire station or ambulance/emergency response
facility.
B.
No adult use business shall be established within
500 feet of any residential dwelling.
C.
Any private booths or areas within such adult use
businesses, either for the viewing of motion pictures or live performances,
shall be subject to the following requirements:
(1)
Any and all such booths, cubicles, studios,
studies and rooms for the private viewing of adult motion-pictures
and/or live performances or areas shall be open to public view from
the common areas of the establishment and that there not be any doors,
curtains, blinds or other structures or devices that shall obstruct
observation of the viewing areas from the common area of the establishment.
(2)
That such private viewing areas be well lighted
and readily accessible at all times and shall continuously be open
to view.
(3)
Lighting throughout the adult establishment
shall be sufficient to illuminate every area which patrons are permitted
access.
D.
All adult use business shall be conducted in an enclosed
building. It shall be a violation to display or exhibit in the open
air (outside of the establishment), through a window, or by means
of a depiction or decoration, or to allow to be displayed or exhibited,
any specified anatomical areas or specified sexual activities.
E.
The exterior appearance of the building containing
an adult use business shall be consistent with the character of surrounding
structures and shall not detract from the appearance of the neighborhood.
F.
Adult use businesses shall conform with all existing
applicable sign regulations in addition to the following specific
requirements:
(1)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(2)
Exterior signs, displays or other advertisements
which contain nude, seminude, or pictures or silhouettes shall be
prohibited.
(3)
Interior signs, displays, posters or other advertisements
which contain nude, seminude or pictures shall be located a minimum
of six feet from any window or door, and shall not be visible from
the exterior of the establishment.
(4)
Permanent and/or temporary window and door signs
shall not occupy more than 20% of each window or door.
G.
Adult use businesses shall be required to meet all
zoning and construction standards and requirements of the laws of
the Town of Niskayuna including, but not limited to, lot and bulk
regulations, parking requirements, signage, facade and screening regulations.
The violation of this article shall be a misdemeanor.
In addition, any person violating this article shall be liable to
a civil penalty of $500 to be recovered by the Town in a civil action
or special proceeding. Each day such violation continues shall constitute
a separate violation of this article. The Town may also maintain an
action or special proceeding for an injunction or other equitable
relief to compel compliance with, or to refrain the violation of this
article. The use of any remedy shall not prevent the use of any other
remedy hereafter.
