The URL can be used to link to this page

Home My WebLink AboutLL 14 of 1998 Amend Adult Entertainment OrdinanceTOWN OF ITHACA LOCAL LAW NO.14 OF THE YEAR 1998 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town Board of the Town of Ithaca hereby finds that the presence of adult entertainment businesses can have serious objectionable secondaryeffects on the general health, safety and economic well-being of the community.As numerous studies,including the study by the Town's Planning Department,have demonstrated, the presence of such uses in an area may lead to: 1.Increase in crime rates; 2.Increase in traffic; 3.Loss of business for neighboring commercial uses; 4.Blighting of surrounding commercial and residential areas; 5. Decline in surrounding property values; and \ 6. Negative community reception. The purpose of this law is to eliminate,or, at a minimum, to mitigate the negative secondary effects associated with such uses, and to provide for such uses to occur only in areas where the secondary effects will have a lesser impact than would be the case in other areas.The purpose is also to limit the accessibility of such uses to children. Before adopting this local law, the Town Board has considered all possible options and is of the belief that this local law represents the least intrusive method of controlling such negativesecondary effects. Section 2.Considering the effects and purposes set forth in Section 1 above,the Zoning Ordinance of the Town of Ithaca as re-adopted,amended, and revised,effective February 26, 1968, and subsequently amended, be further amended as follows: I.Article I,Section 1, is amended by adding new subsections to the definitions as follows: "44."Adult entertainment business"is a business involving one or more of the following: ^(a)Adult arcades where,for any form of consideration,one or more motion picture projectors,slide projectors,video cassette players,computers,or :\ adulC'Zo.ll wp51/ith/locallaw October 23.1998 4:20pni similar machines, for viewing by five or fewer persons each are used to show films,motion pictures,video cassettes, slides,computer generated images,or other photographic reproductions,which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (b) Adult bookstores which have as a substantial (50% or more)portion of its stock in trade and offers for sale, for any consideration,any one or more of the following: (i) Books,magazines,periodicals,or other printed matter or photographs,films, motion pictures, video cassettes,slides or other visual representations,which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas,or (ii)Instruments,devices or paraphernalia which are designed for use in connection with specified sexual activities. (c) Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages),restaurant,or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes,slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (d) Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes,slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) Adult theater meaning a theater, concert hall, auditorium or similar establishment which,for any form of consideration,regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. (f)Massage parlor where, for any form of consideration,massage, alcohol rub,fomentation,electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner. adult-zo.ll wp5i/ith/localIaw October23, 1998 4:20pin chiropractor,acupuncturist,physical therapist,licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium,reducing salon, spaor similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. (g) Peep show where, for any form of consideration,persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specifiedanatomicalareas or by specified sexual activities or films, motion pictures, video cassettes, slides, computer generated images,or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 45."Specified anatomical areas" means (a) Lessthan completely and opaquely covered human genitals,pubicregion, buttock,and female breast below apoint immediately above thetop of the areola;and (b) Human male genitals in a discernible turgidstateeven if completely and opaquely covered. 46."Specified sexual activities"means (a)Human genitals in a state of sexual stimulation or arousal;or (b) Acts of human masturbation, sexual intercourse or sodomy; or (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast." n.Article VIII, Section 41 is amended by adding a new paragraph at the end thereof as follows: "In addition, adult entertainment businesses are permitted in those Light Industrial Districts which adjoin a State Highway (e.g. New York State Route 13), but only upon compliance with the following requirements: 1. The Board of Appeals,after favorable recommendation of the Planning Board, grants a special approval for same in accordance with the provisions of Article adult-zo.ll wp51/iih/locallaw October 23,1998 4:20pni IX utilizing the criteria set forth or referred to in said article. 2. The building in which the business is conducted,and the related parking areas, are locatedat least 150feet from any highway rightof wayline, at least280 feet from the boundary of any other zoning district,and at least 280 feet from any public park, school, or church. For this purpose,the Finger Lakes Trail is considered a public park,and the boundaries of such Trail are deemed to be the lines on each side of the centerline that are parallel to, and twentyfeet from, the centerline of the Trail. 3. The building andlotuponwhichit is located comply inallother respects with the requirements set forth in Sections 45 and 45-a,except as modified by this local law and with the following further exceptions: (a)If the type of adult entertainmentbusinessis one specified in Section 38, the minimum parking requirements shall be those set forth in such section for that type of structure (e.g. if the adult entertainment business is a theater, there shall be one parking space for each five seats). (b)If the type of adult entertainmentbusiness is not one specified in Section 38, the minimumparking requirement shallbe 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage,(e.g. if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area). (c) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to paragraph 1 of Section 45." Section 3. If any provision of this law is found invalid by any court of competent jurisdiction,such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4. This local law shall take effect immediately.