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Home My WebLink About1997 #4Tcxt of law should be given its arncndcd. Do 1101 include hatter b6llg chinina(ed and do not use italics or unoulining to indicatc nnv mancr. l DOM of PROTON l.,ocal 1.aiv No. ........q .............. of tllc year 19 .97....... . l o :� I l .�„ ......Providing for a moratoriu-n for the establ i st amt of Adult Uses for a period of 120 days. ...... ..................................................................... (lnscii 611c) Ile it enaded by tllc .......... Town Board. ................................................ I of tfle (Na III C o1 I.CF. i%1aIi%C Iody) Lxwxy 'Yox 11 o f .......... Groton............................................................ :t s follows: XXX# SECTION 1: Title This Local Law shall be referred to as the '%ratoritm for the Establishment of Adult uses for a Period of One Hundred Twenty (120) Days . " SECTION 2: Purpose Pursuant to the statutory posers vested in the Town of Groton to regulate and control land -use, and to protect the health, safety and welfare of its residents, the Town Board hereby declares a 120 -day rmrator i u -n on the e stab 1 i shment of adu 1 t uses in the Torn of Groton. The Town of Groton anticipates that the town could have another adult use facility open up within the town. Therefore, The Town Board des i res to study and address the estab 1 i shiest of Mu 1 t uses within the town taking into account the present land use develope-mnt in the inwn and to adopt a new ordinance or local law to adequately address these concerns and to regulate said use. SECTION 3: Definition of Adult Use "Adult use" shall be defined as: Any one (1) of the uses defined below shall be considered an adult use. An "adult use" shall always be a primary use and may not be accessory to any other use, including another "adult use". In the case of a corbination of "adult -uses", each use shall be considered as a separate primary use. All "adult uses" whether or not preexistim. shall obtain a special permit in accordance with Article 3 of the current Land Use and Deve 1 ofxrent Code of the Town of Groton. (A) Adult entertainment business: (1) A public establishment which features topless dancers, nude dancers or strippers, male or female. (2) An enclosed building used for presenting, lending or selling motion picture films, video cassettes, cable television, or any other such visual media, or used for presenting, lending, or selling books, magazines, ptblications, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical area" as hereafter defined. (B) Specified sexual activities: (1) I-Unan genitals in a state of sexual stimulation or arousal; or (2) Acts of human masturbation, sexual intercourse or sodctny; or (if 11t1(litional space is nce(led, please attach sheets of 111e sante site 11s this 111)(1 11111111m. each) (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (C) Specified anatcmical areas: (1) Less than ccmpletely and opaquely covered human genitals, pubic region, buttock, and female breast below a point imTediately above the top of the areola; or (2) firman male genitals in adiscernible turgid state, even if completely and opaquely, covered. (D) Adult physical culture establishTent: (1) Any establishTent which offers or purports to offer massage, whether or not licensed or other physical contact by maThers of the opposite sex. Medical offices, electrolysis, karate, judo and dance studios are not "adult physical culture establishrents." SECTION 4: Scope of Controls (A) During the effective period of this local law: (1) The Town Board shall not grant any approvals for the establishTent, of an adult use by zone change or otherwise. (2) The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special permit or any other approval which would result in the establishrent of an adult use. (3) The Town Zoning Board of Appeals shall not grant any variance for any use which would result in the establ ishTerrt of an adult use. (4) The Torn Code Enforcement Officer will not issue any permit which would result in the establishment of an adult use. (B) The Town Board reserves the right to direct the Town Code Enforcerent Officer to revoke or rescind any Building Permits, or Certificates of Occupancy and or Certificate of Ccrrpliance issued in violation of this Local Law. SECTIO 5: No Consideration of New Applications. No applications of any kind for the establishment of adult uses as defined in this Local Law shall be considered by any board or agency of the Town of Groton while this Local Law is in effect. SECTION 6: Term This Local Law shall be in effect for a period of 120 days fm -n its effective date. SECTION 7: Penalties. Any person, firm or corpartion that shall establish an adult use in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: (a) Such penalties as provided in Article 4 of the Land Use and DevelopTent Code of the Town of Groton; and the town Local Law of the State of New York or any other relevant New York State Statute. (b) Injuncitive relief in favor of the Town of Groton to cease any and all such actions which conflict with this Local Law. SECTION 8: Validity. The invalidity of any provision of this Local Law shall not effect the validity of any other provision of this Local Law which can be giveneffect without such invalid provisions. (2) (Cullsplc(c (Ile cer(ifiva(tun ill (Ile paral;raph 111lick sipplics to (lie filisil; of this•loc:11 law and strike oi)t (lse ►►ratter (Ilerci►► %) liicli is Irot npplicatk.) 1. 1. (final adop(ion by local legishatire I)otl)• Villy.) _1 I )tetchy ccrlify lh�r( (lie lug;+! lass �anlrc;cccl lici do, dcSif,lr,rtccl as local law Nu. ... - - - .. of 1(19....... k7xxxxN of the ftxt�, of ...Groton ...... v��a5 (lily I)rtssccl b tile. ..... Town Board . 1 l)wII (N-111*1c ()t 1.cgis)aIivc 1)ody) k'�kxgm oli November.. -3..._.... 19 .97.... in-IccOrcl,rt)(-c r� it1► the al)plicable provisions of law. 2. W., sage by local legislative I)ody wi(h aJill ro)- al or rio disappror-al Iq E;Iective Chief Executh-e Off icer,* or repassage after disappror-al.) i li(vel)y certify thal the local l;ivv amincd hereto, designated as local law No. ......... of 19..:...... Coun(y City of (lie -1 oof ................ ��:« duly passed by tlrc........................................ . (Name of I.cgislmlivc Body) ` iIlage not dis"Approvccl oft ............................. 19 ........ and \\?:rs al)irro`•ccl 1)y tlrc ........................... . icpassed aflcr disapproval FIcctivc Chic( l;tcculi.c (.)(fleet' and was cicc►►icd dill)• adoplcd on .................................. 19 ......... ill acc ui da lice with the applic:llilc plovisionsof law. 3. (Final adoption I)Y referendum.) I licrel)y certify that (lie local law atiticxccl licreto, clesiglralccl as local law I\40. ........ of 19 ........ C:o(tII(y l of (lie CitY of ................ .vas duly passed by the ......................................... -(IwII (Namc o( lcgis{atkc Body) �'illagc not disapproved oil ............................. )9 ........ n i i d was a1).1)ro� cel by file ........................... . reprised after disappi oval F.Icclivc Ci►icl i:xcculk-C Urliccr' vn.................................. 19 .......... Such local law was submitted to the people try reason of is ri)anclaturY permissive rcfclenclum, thiel received (lie affirmative `•ole of a majority of (lie (qualified electors vo(ing general thereon at the special election held Oil .............................19 ......... ill accordance with -clic applicable annual provisions of law. ,1. (Sul)ject to perrnissiv-c referendum, and final adoption because no valid petition filed requesting; referendum.) i hereby certify that (lie local law auirexe(1 heleto, (lesignated as local lase No. ........ of 19 ........ Collrity oftileC.ity of ................ ......................................... vs•as duly passed �y the �Y own (Name of Lcgisiativc Dody) Village no( disapproval Oil ............................. 19 ........ and was apps ovc(1 by the ........................... . repassed a f ter disapproval i-icctivc chic( Executive office►' oil .................................. 19 .......... Such local law being subject to a permissive I-cfcrc)Idutli and no valid petition rcyues(Mg such refercllduln having leen filed, said local law was decined duly a(lul)tCd on .............................19 ......... in accol(.l,ance will) file applicable provisions of law. l;lectir•e (:thief I;xecriOve Officer means or includes the chief e.xv(- Live officer of n comily elected on a count?•-iv'ide Iasis or, if there be none, the chnirrnan of (lie coun(1- leglsfa(ire 1)otly, (lie ntati•or of A c)t)• or village or the supervisor of a lown where s(tch officer is res(ed with pon'er (o afproic or veto local lams ur urdiu:rnccs. 01 5. (Cify local law conceri nig Charter reiisioii 1)roposed by petition.) I hereby certify that [lie local law annexed hereto, dcsignated as local law No. ........ of 19 ........ of the City of ................................. leaving been submitted to rcfcren:lum pursuant to (lie provisions of 36 of the Municipal !donee Rule Law, and having received the affirmative vote of a majority of [lie yualificd electors of such city voting thereon a( the gencrall ciection lield on ....... . ............ 19......... bccamc operative. 6. (Count), local lase concerning adolftioii of Charter.) I Hereby certify that the local lase annexed Hereto, designated as local law No. ........ of 19......... of the County of .......... . .......... . State of New York, leaving been submitted to [lie Electors at the General Election of November ............. 19......, pursuant to subdivisions 5 and 7 of section 33 of clic Municipal Home JZule Law, and leaving received the affirmative vote of a niajority of the qualified electors of (lie cities of said county as a unit and of a niajority of the qualified electors of the towns of said county considered as a unit voting at said general election, becariic operative. (If any other authorized forin of ficial adoption has been followed, please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law ss-ith the original on file in this office and that the sante is a correct transcript therefrom and of the whole of such original local law, 'and was finally adopted iii the manner indica(ed in paragraph ............. above. .Date: November ,-j 1997 (Seal) Clerk of clic County legislative body, City, Town or village Clerk or officer designated by local legislative body COLLEEN D. PIERSON, Town Clerk Town of Groton (Certification to be executed by County Attorieey, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OI' . TQMPKINS................... 11 the undersigned, Hereby certify that the foregoing local law contains the correct text and that all prober proceedings have been had or takeie for the enactment of the local law annexed creto. ...�1 j FRANCIS J. CASULL Signature Town Att ...............ne`1'................................ Title fcxxxi'4)5 Date: November V, 1997 jai 1oc ofGroton .......................... Town ...... hgRxx