For the purpose of this chapter, the following
phrases and words shall have the meanings assigned below, except in
those instances when the context clearly indicates a different meaning:
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment, whether retail or wholesale, that has as
a substantial portion of its stock-in-trade books, magazines, recordings,
periodicals, films, videotapes/cassettes or other viewing materials
for sale or viewing, on or off the premises, which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas. For the
purpose of this definition only, "substantial" shall mean comprising
an area that is 30% or more of the total floor area available to patrons.
ADULT ENTERTAINMENT CABARET
A nightclub, bar, restaurant or similar public or private
establishment which presents topless dancers, strippers or exotic
dancers or other similar entertainments.
[Amended 6-26-2023 by L.L. No. 11-2023]
ADULT ENTERTAINMENT USE
Any use constituting an adult bookstore, adult motion picture
theater, adult entertainment cabaret, adult motel or peep show as
those terms are defined herein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
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 which are characterized by the depiction
or description of sexual activities or sexual anatomical areas; and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to sub-rent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
An enclosed or unenclosed building, structure or any portion
thereof used for presenting films, motion pictures, videocassettes,
slides or similar photographic reproductions distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of sexual anatomical areas or by sexual activities.
BUSINESS
Any person, firm, association, partnership, corporation or
other entity, whether for profit or not for profit.
ESTABLISH OR ESTABLISHMENT
Any of the following:
A.
The opening or commencement of any adult entertainment
use business as a new business;
B.
The conversion of an existing business, whether
or not an adult entertainment use business, to any adult entertainment
use business;
C.
The addition of any adult entertainment use
business to any other existing adult entertainment use business; or
D.
The relocation of any adult entertainment use
business.
PEEP SHOWS
A theater which presents materials distinguished or characterized
by primary emphasis on matters depicting, describing or relating to
sexual activities or sexual anatomical areas, in the form of live
shows, films or videotapes, viewed from an individual enclosure, for
which a fee is charged.
PERSON
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
SCHOOL
Any facility, public or private, which offers classes or
provides other educational services for minors.
SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sodomy, sexual intercourse
or fondling or other erotic touching of a person's genitals, pubic
area, buttocks or breasts.
SEXUAL ANATOMICAL AREAS
A.
Less than the completely and opaquely covered
human genitals, pubic region or female breast below a point immediately
above the top of the areola.
B.
Human male genitals in a discernibly turgid
state even if completely and opaquely covered.
TRANSFER OF OWNERSHIP OR CONTROL (of an adult entertainment
use business)
Any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
In addition to the requirements of Chapter
230, Zoning, of the Code of the Village of Croton-on-Hudson, no business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Village of Croton-on-Hudson unless such use meets the following standards:
A. No adult entertainment use shall be located in any
zoning district except those districts zoned for light industrial
use (LI).
B. No more than one adult entertainment use as defined
above shall be located on any individual lot.
C. No adult entertainment use shall be established or
permitted in any building of which any part is used for residential
purposes, or vice versa, including nonconforming residential uses.
D. No adult entertainment use shall be closer than 500
feet from any lot line of any other lot on which there is another
adult entertainment use.
E. No adult entertainment use shall be established on
a lot, or a portion thereof, that is closer than 500 feet from any
residential district or nonresidential district which permits a residential
use.
F. No adult entertainment use shall be established closer
than 500 feet from the lot line of any church or other regular place
of worship, community center, funeral home, school, day-care center,
hospital or public park adjacent to any residential district.
G. No adult entertainment use shall be established unless
the provisions of all applicable laws, rules and regulations of the
Village of Croton-on-Hudson have been met. Where there is a conflict
between the regulations as provided in this section and any other
law, rule or regulation of the Village of Croton-on-Hudson, the most
restrictive law, rule or regulation shall apply.