As used in this article, the following terms
shall have the following meanings:
ACTIVE ADULT USE
The use of a building, or portion of a building or land for
any adult use that is not a passive use, as defined herein, including
but not limited to adult entertainment cabaret; adult motel/hotel;
adult theater; adult massage establishment; peep show or similar adult
use, generally of such nature as to result in customers congregating
in or about the use. For guidelines to determine active adult uses
relative to other uses, see the allocations of floor use under "adult
bookstore or video store."
ADULT BOOKSTORE OR VIDEO STORE
An establishment having a substantial or significant portion
of its stock-in-trade being books, magazines, other periodicals, films,
slides and/or video tapes and other merchandise, a substantial portion
of which is customarily not open to the public generally but which
excludes or is required by law to exclude any minor by reason of age.
A bookstore or video store shall be declared to be an adult use if:
A.
Greater than 25% of the floor area allocated
to such use is not available to the general public, in comparison
to the retail floor area available to customers without restriction
because of age; or
B.
Greater than 50% of all merchandise is not available
to the general public without restriction by reason of age. Whichever
guideline is more restrictive shall apply.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents nude or
seminude dancers, male or female impersonators or exotic dancers,
or other similar entertainment, and which is customarily not open
to the public generally but which excludes or is required by law to
exclude any minor by reason of age.
ADULT MOTEL/HOTEL
A motel/hotel or lodge which is not open to the public generally
but which excludes or is required by law to exclude any minor by reason
of age, or a motel/hotel or lodge which makes available to patrons
on the premises adult-oriented materials or entertainments which,
if presented in a public movie theater, would not be available to
the public generally but which would exclude or be required by law
to exclude any minor by reason of age, or a motel/hotel or lodge which
routinely offers to the public for rental or allows a tenant to sublet
private rooms or accommodations for any period of time less than 10
hours in any consecutive twenty-four-hour period.
ADULT THEATER
A theater that customarily presents motion picture films,
videotapes, slide shows and entertainments that are not open to the
public generally, but which excludes or is required by law to exclude
any minor by reason of age.
ADULT USE
The use of any building, structure or land, or portion thereof,
for any purpose involving activities that are not open to the public
generally, but exclude, or by law are required to exclude, any minor
by reason of age, or which sell products designed or intended for
use by adults, including but not limited to adult bookstore or video
store; adult entertainment cabaret; adult motel/hotel; adult theater;
adult massage establishment; and peep shows.
MASSAGE ESTABLISHMENT
Any establishment where massages are administered by unlicensed
practitioners., including massage parlors, sauna baths, and steam
baths. This definition shall not be construed to include a hospital,
nursing home, medical clinic or other lawfully established office
providing therapeutic massage by a duly licensed health care professional,
such as a physician, surgeon, chiropractor, osteopath or physical
therapist. This definition shall not be construed to include barbershops
or beauty salons in which therapeutic massages are administered only
to face, scalp, neck, shoulders. This definition shall not be construed
to include any individual holding a New York State Department of Education
license as a masseuse or masseur who maintains a professional practice,
including a professional practice conducted in a private residence
in the Town of New Paltz. This definition also excludes health clubs
which have facilities for exercise, such as tennis courts, racquetball
courts or exercise rooms, or similar facilities, and which do not
receive their primary source of revenue from the administration of
massages.
PASSIVE ADULT USE
The use of a building or portion of a building or land for
the sale or rental for use off-site of books, films, videotapes or
other materials, including products designed or intended for use by
adults displayed in an area that is not open to the public generally,
and/or from which area the owner or operator of the use excludes,
or by law is required to exclude, any minor by reason of age. For
guidelines to determine passive adult uses relative to other uses,
see the allocations of floor use under "adult bookstore or video store."
PEEP SHOWS
The use of any building or portion of a building to present
material in the form of live shows, films, videotapes or any other
electronic medium viewed from an individual room or similar enclosure
which is not open to the public generally, but excludes or by law
is required to exclude any minor by reason of age.
SENSITIVE USE
The use of a parcel of land for certain uses determined to
be, by their nature, particularly susceptible to the secondary impacts
of adult uses, including but not limited to public or private school,
public library, church or other place of religious worship, mortuary
or cemetery, cultural use, civic use, a designated historic preservation
site open to the general public, day-care use, park, playground or
other recreational facility open to the general public, or any area
designated as "scenic" under the laws of the United States of America
or of New York State law.
SETBACKS
Determined by a measurement of a straight line from the nearest
outside wall of a structure for an adult use to the property line
or the zoning line of another use.