[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 7-24-1995 by L.L. No. 4-1995 (Ch. 32 of the 1977
Code). Amendments noted where applicable.]
This chapter shall be known as "Adult Use and
Entertainment Establishment, Local Law Number 4 of 1995, an amendment
to the Town of Canandaigua Zoning Law."
A.
It is the purpose of this chapter to regulate the
creation, opening, commencement or operation of adult use and entertainment
establishments, as herein defined, in order to achieve the following
primary purposes:
(1)
To preserve the character and quality of life in the
Town of Canandaigua neighborhoods and business areas.
(2)
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as: decrease in property
values; attraction of transience; parking and traffic problems; increased
crime; loss of business for surrounding nonadult uses; and, deterioration
of neighborhoods.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect trade.
(6)
To restrict minors access to adult uses.
(7)
To maintain the general welfare, safety and morals
for the Town of Canandaigua residents.
B.
Effective date. This law shall become effective immediately
upon filing by the Secretary of State in accordance with the provisions
of § 27 of the Municipal Home Rule Law.
A.
Zoning law, definitions, word usage and consistency.
(1)
Notwithstanding anything contained in Chapters 1 and 220 of the Town of Canandaigua Code, adult use and entertainment establishments, as herein defined, shall only be allowed in the Adult Use Overlay (AUO) District and upon issuance of a special use permit as specifically set forth in this chapter and only to the extent that it is consistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness.
(2)
The Adult Use Overlay (AUO) District shall be a mapped
overlay zoning district, restricted to those lands first zoned I Industrial
by the Town Board and in accordance with the standards set forth herein.
See Town Code Chapter 1 for definitions, including the words:
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Adult Use and Entertainment Establishment
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Adult Arcade
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Adult Bookstore or Adult Video Store
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Adult Cabaret
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Adult Motion Picture Theater
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Adult Theater
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Escort
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Escort Agency
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Nude Model Studio
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Nudity or a State of Nudity
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Seminude
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Sexual Encounter Center
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Sexually Oriented Business
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Specified Anatomical Areas
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Specified Sexual Activities
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Substantial Enlargement
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A.
Any person, firm, corporation or entity found to be
violating any provisions of this chapter shall be served with a written
notice by the Code Enforcement Officer stating the nature of the violation
and providing the immediate correction thereof.
B.
Any person, firm, corporation or entity who shall
violate any portion of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be fined in an amount not to exceed
$500 for each violation. The continuation of a violation of the provisions
of this chapter shall constitute, for each day the violation is continued,
a separate and distinct offense hereunder.
C.
Any person, firm, corporation or entity violating
the provisions of this chapter shall become liable to the Town for
any expense or loss or damage occasioned the Town by reason of such
violation.
D.
In the alternative, the Town may maintain an action
or proceeding in a court of competent jurisdiction to restrain by
injunction any violation of this chapter.
E.
The penalties and remedies set forth herein are in
addition to all other penalties and remedies provided for by law.
