HomeMy WebLinkAboutLL 1998 #5 Amend ZO Adult Related Businesses •
Lo��,i La W Flling NEV YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE; ALBANY, IIY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italic3 or underlining to indicate new matter.
•
t of DANBY •.
Tow •
YIIIa{�c •Local Law No. • 5 of the year 19 98 •
A local law "AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING
(Irma Talc) TO ADULT ENTERTAINMENT BUSINESSES"
Re it enacted by the TQ1N111...EMARD • of the
(Name of Legislative Body)
Gt -
€447-
Town of as follows:
461Arger
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TOWN OF DANBY -
LOCAL LAW NO. 5 OF THE YEAR 1998
• A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE •
RELATING TO ADULT ENTERTAINMENT BUSINESSES •
•
Be it enacted by the Town Board of the Town of Danby as follows:
Section 11 The Town board of the Town of Danby hereby finds that the presence of adult
entertainment businesses can have serious secondary effects on the general health, safety and
economic well-being of the community. As numerous studies, including the study by the Town's
Planning Board, have demonstrated, the presence of such uses in an area may lead to:
1. Increased police activity near such uses;
2. Decline in surrounding property values; •
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3. Negative comm-unity perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establishments; and .
7. High levels of noise, nighttime activity, litter, and dust from parking.lots near residential
areas. .
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
nnc-11) rn,.., 7i?n)
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2
The purpose of this law is to mitigate the 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 secondary
effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended and revised, on December 11, 1991, and
subsequently amended, be further amended as follows:
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C"", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
subparagraph (xii) reading as follows:
"(xii) Adult entertainment business, subject to the additional requirements set forth
in Section 710."
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows:
"Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
businesses, when permitted by other provisions of this ordinance, shall be subject to complying with
the following requirements which shall be in addition to any other requirements or considerations
set forth elsewhere in this Ordinance:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking areas, are
located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c ) 750 feet from any dwelling or public hiking trail;
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(d) 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
(e) 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages are
sold;
The distances provided hereinabove shall be measured by following a straight line,
without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
of the primary residential structure, public recreation area, hiking trail, lot line, or
zone boundary from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section
706, except as modified by this local law and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 706, 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 entertainment business is not one specified in Section 706,
the minimum parking requirement shall be 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)."
III. APPENDIX I entitled"DEFINITIONS" is amended by adding three new definitions
entitled "Adult entertainment business", "specified anatomical areas" and "specified sexual
activities" reading as follows:
"ADULT ENTERTAINMENT BUSINESS - A business involving one or more of the
following:
(a) Adult arcades where, for any form of consideration, one or more motion picture
4
projectors, slide projectors, video cassette players, computers, or 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, 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, spa or similar establishment where massage or
similar manipulation of the human body is offered as an incidental accessory service.
5
(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 specified anatomical areas 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."
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered."
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
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(Complete the certification in the paragraph that applies to the filing of this local law and
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stripe out that which Is not applicable.)
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1. (Final adoption by local legislative burly only.)
I hereby certify that the local law annexed hereto, designated as local law No.• 5 • of 19 98
of the (eioGX01)(CXtrcrown)('Ler.a)906f DANBY was duly passed by the
TOWN BOARD on . November 9 1998 , in accordance with the applicable provisions of law,
1llarne of Legislative Body)
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2. (Passage by lo ;1 legislative body with •proval, no disapprov or repassnge after disapproval
by the Elena -e Chief* Exeeutive Offic•re.) .
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I hereby certif, that the local law anne.•ed hereto, designated :s local law No. • of 19 •
of the (Cou )(City)(Town)(Village) • was duly passed by the
on 19 , mnd was (approv.d)(no disapproved)(r..assed niter
•erne or • to at 3 ee mod),
disappr•val) by the :nd was deemed duly dopted on
(,aectrve Chief. eeutive.O(Ccer') _ l
in accordance with the applica,, e provisions of law.
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3. (Final adoption by r erenduni.)
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. I hereby certify-that e local law annexed ereto, designated as lo•:l law•No. of 19_
of the (County)(Cit (Town)(Vilingc) of was duly passed by the
on 19`, and as (approved)(not di ,pproved)(repassed after •
acne of La¢ialative '.ody -
•
disapproval) by the on 19 Such local law was
.leetty• C le kx. five •(ricer
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submitted t• the people by reason •f a (mandatory)(permis ve) referendum, and eceived the affirmati e
vote of a • ajority of the qualifi d electors voting therco at the (general)(speci )(annual) election hel' on
.19 , in accordance with the applicabi- provisions of law. .
4. (Subject to permissl referendum and final a. .ptlon because no valid petition was filed re. esting
rcferndum.) ,
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I hereby certify tha the local Iawv annexed her: o, designated as Iocal 1. v No, of 19_
of the (County)( y)(Town)(Yillage) of was •my passed by the
on _ 19 , and was (a pruved)(not disappro ed)(repassed after
ame of egiliat' a Io•y
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disapproval y the •
on 19 Such Deal law was subject to
Elective Chief Executive •fflcer')
permiss' 'e referendum and no valid pc ition requesting such rcfe endum was filed as . - 19
in ac •rdance•with the applicable pr. isions of law. '—
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'Elective Chic!. Executive Of Iccr uteaLa or includes the chief executive officer of A county elected on a
county-~vide basis or, if t re bc'•none, the chairman of the county legislative body, the mayor of a city
or village, or the supervi .r of a town where sucll officer Is vested with the power to approve or veto local
laws or ordinances. , • •
•(2) •
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. • (dty local law co,.ccrning Charter revision proposed •y petition.)
T hnrchy certify th, the local law annexed ereto, des'.nated as local In No. ' f 19
of the City of having ben submitted k referendum pursuant to
the provisions o section (36)(37) of tit: ?.1unicipnl tome Rule Law, -nd ILaviug rece• ed the affirmative vote
• of a majority • the qualified elector of such ci voting thereon. the (speciai)(g eral) election told on
19 , became opc ative.
6, (Co my local law cuui;er ling adopt •a of Charter.) •
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he by certify that the *cal law a exed hereto, desig . ted as local law o. of 19
of e County of , State o' New York, ha mg been submitted to
t,e electors at the Ge eral Electi,,n of November 19 , pursuant to s •divisions 5 and 7 of
section 33 of the l` •nicipal Iio•le Rule Law, and ving received the affirmative vot. of a majority of the
qualified electors I the cities of said county as - nit and of a maj. ity of the quali'ied electors of the towns
of said county ••nsider ed a a unit voting at s general election, ,ecame operativ.
(If any oth• authorized orm of final ado- ion has been'follow•d, please provI•e an appropritate certification.) _
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Y f•rther certify that I have compared the preceding local law with the original on file in this office and that
t • same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
•n the manner indicated in paragraph / , above.
Oletk of t3,ewunty legislat dy, tarty,Town or Village Clerk or officer designated by local legilaative Lody
(Seal) Date: )/Ozie#ndam-' /, l9' f
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
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STATE OF NEW YOP.t-C
COUNTY OF TOMPKINS
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I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the enactment of t • 10' 1 law a• 'axed hereto.
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�,.. _. _
3 gnature
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Town Attorney
,rte /
Coun
C' Danby
Town 01
dings
Date: November 17 , 1998
(3)
lz
Page 1 of 2 pages
Resolution No. 58 of 1998
TOWN OF DANBY
RESOLUTION NO. 58 OF 1998 - Adopted
RESOLUTION ADOPTING THE LOCAL LAW AMENDING THE TOWN OF DANBY
ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES
By Councilperson Gagnon: Seconded by Councilperson Inman
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public
hearing to be held by said Town on November 9, 1998 to hear all interested parties on a proposed
local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING
ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES"; and
WHEREAS,notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town
of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in
opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) it has been determined by the Town Board that adoption of said
proposed local law would not have a significant effect upon the environment and could be processed
without further regard to SEQR; and
WHEREAS,a referral of the proposed local law was made to the Tompkins County Department of
Planning pursuant to Section 239-m and other applicable provisions of the General Municipal Law
and said Department has indicated that the proposal will have no significant deleterious impact on
intercommunity interests and that the Town is free to act without prejudice;
NOW, THEREFORE, be it
RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled "A
LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING
TO ADULT ENTERTAINMENT BUSINESSES" a copy of which is attached hereto and made
a part of this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca
Journal as soon as practicable after its adoption; and it is further
RESOLVED,that the Town Clerk is hereby authorized and directed to file said local law with the
Secretary of State as required by law.
2 Resolution No. 58 of 1998
Adoption of Local Law No. 5
A roll call vote on the resolution resulted as follows:
Gagnon Aye
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Regular meeting held on the 9th day of November , 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 11th day of
November , 1998.
ati,44/3 *Atac.)
Carol W. S panski, Town Clerk
1 Local Law No 5 of 1998
November 9, 1998
TOWN OF DANBY
LOCAL LAW NO. 5 OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Town board of the Town of Danby hereby finds that the presence of adult
entertainment businesses can have serious secondary effects on the general health, safety and
economic well-being of the community. As numerous studies, including the study by the Town's
Planning Board, have demonstrated, the presence of such uses in an area may lead to:
1. Increased police activity near such uses;
2. Decline in surrounding property values;
3. Negative community perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establishments; and
7. High levels of noise, nighttime activity, litter, and dust from parking lots near residential
areas.
The purpose of this law is to mitigate the 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 secondary
effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended and revised, on December 11, 1991, and
subsequently amended, be further amended as follows:
2 Local Law No 5 of 1998
November 9, 1998
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C"", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
subparagraph (xii) reading as follows:
p "(xii) Adult entertainment business, subject to the additional requirements set forth
`"l in Section 710."
t./It
Article VII entitled SPECIAL REGULATIONS is amended by adding II. Art y g a new
Section 710 reading as follows:
`,' "Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
i, a businesses,when permitted by other provisions of this ordinance, shall be subject to complying with
the following requirements which shall be in addition to any other requirements or considerations
% set forth elsewhere in this Ordinance:
ti
42-� 1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking areas, are
located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c ) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
(e) 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages are
sold;
The distances provided hereinabove shall be measured by following a straight line,
without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
3 Local Law No 5 of 1998
November 9, 1998
of the primary residential structure, public recreation area, hiking trail, lot line, or
zone boundary from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section.
706, except as modified by this local law and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 706,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 entertainment business is not one specified in Section 706,
the minimum parking requirement shall be 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)."
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new definitions
entitled "Adult entertainment business", "specified anatomical areas" and "specified sexual
activities" reading as follows:
"ADULT ENTERTAINMENT BUSINESS - 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 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
4 Local Law No 5 of 1998
November 9, 1998
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, 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, spa or 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 specified anatomical areas 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."
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered."
5 Local Law No 5 of 1998
November 9, 1998
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
1 Local Law No 5 of 1998
November 9, 1998
TOWN OF DANBY
LOCAL LAW NO. 5 OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Town board of the Town of Danby hereby finds that the presence of adult
entertainment businesses can have serious secondary effects on the general health, safety and
economic well-being of the community. As numerous studies, including the study by the Town's
Planning Board, have demonstrated, the presence of such uses in an area may lead to:
1. Increased police activity near such uses;
2. Decline in surrounding property values;
3. Negative community perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establishments; and
7. High levels of noise, nighttime activity, litter, and dust from parking lots near residential
areas.
The purpose of this law is to mitigate the 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 secondary
effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended and revised, on December 11, 1991, and
subsequently amended, be further amended as follows:
2 Local Law No 5 of 1998
November 9, 1998
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C"", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
subparagraph (xii) reading as follows:
(q. "(xii) Adult entertainment business, subject to the additional requirements set forth
in Section 710."
t
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows: _
,'{i "Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
2) businesses,when permitted by other provisions of this ordinance, shall be subject to complying with
; V� , the following requirements which shall be in addition to any other requirements or considerations
r
set forth elsewhere in this Ordinance:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking areas, are
located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c ) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
e) 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages are
sold;
The distances provided hereinabove shall be measured by following a straight line,
without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
3 Local Law No 5 of 1998
November 9, 1998
of the primary residential structure, public recreation area, hiking trail, lot line, or
zone boundary from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section
706, except as modified by this local law and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 706,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 entertainment business is not one specified in Section 706,
the minimum parking requirement shall be 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)."
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new definitions
entitled "Adult entertainment business", "specified anatomical areas" and "specified sexual
activities" reading as follows:
"ADULT ENTERTAINMENT BUSINESS - 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 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
4 Local Law No 5 of 1998
November 9, 1998
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, 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, spa or 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 specified anatomical areas 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."
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
f covered."
5 Local Law No 5 of 1998
November 9, 1998
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
. _
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL .
SECRETARY OF STATE
November 20, 1998
RE: LOCAL LAWS
Dear MuniicipYal Official:
"'
The Miscellaneous Records Unit in the Department of State, on November 12 and 13, .
1998, received 23 local laws for filing. Regrettably, the Department's contract cleaning service,
mistaking these as papers for disposal, removed them from an employee's desk and discarded
them prior to their processing or recordation. If you submitted a local law for filing that would
have been received during this time period, please contact the Miscellaneous Records Unit by
calling (518) 474-2755 to verify whether your local law has been filed or to make arrangements
to furnish the Department with a duplicate copy.
We sincerely regret any inconvenience caused by this unfortunate happenstance.
Sin.-rely;
• --c
l'-'
James C. Aube
Director
Corporations, State Records
and Uniform Commercial Code
(518) 473-2281
0 printed on recycled paper
•
•
SOW r re/U( /
f env e,v0
ADULT ENTERTAINMENT BUSINESS STUDY —
TOWN OF DANBY
s) 7/z 7' .
Prepared by Town of Danby Planning Board for
Town of Danby Town Board, 6/17/98
nn :llbjeS)
VA.1-(1-0
' r
INTRODUCTION
On April 13 , 1998, the Town of Danby Town Board adopted a 180-day
moratorium on the establishment of adult entertainment uses in the
Town. The purpose of the moratorium was to allow the Town to study
the potential secondary effects of adult uses , and to revise the
Town' s Zoning Ordinance to include special provisions for such
uses .
It is important to respect Constitutional rights related to freedom
of expression, but it is equally as important to protect a
community from uses that may be detrimental to community character ,
quality of life , and the general welfare of residents .
Various studies have shown that adult entertainment uses can have
negative secondary effects on a community. Land use planning and
zoning are legitimate ways that a municipality can regulate these
secondary effects , while protecting the rights of adult uses .
Before enacting regulations related specifically to adult uses ,
municipalities in New York State must complete a study of the
negative secondary effects of such uses . Currently, there are no
adult entertainment uses in the Town of Danby. Sirens , an adult
use establishment in the village of McLean in the nearby Town of
Groton, has been the subject of controversy. Municipalities such
as Danby which currently have no adult uses may rely in part on the
studies of other communities .
This study includes a review of studies conducted in other
communities , an analysis of the Town of Danby, and recommendations
for possible locations for adult uses in Danby.
For purposes of this study, adult uses include any business or
enterprise that sells sexually related materials or services , or
that does not allow minors under 21 years of age . Adult uses
include adult bookstores; adult movie theaters; adult video or
novelty stores; adult motels or hotels; topless , bottomless , or
totally nude bars; escort agencies; massage parlors; and peep shows
( See also the Appendix for definitions ) .
POTENTIAL SECONDARY IMPACTS OF ADULT USES ON COMMUNITIES
Adult entertainment uses have been found to have secondary impacts
on surrounding land uses that are different from impacts of other
commercial uses .
Various municipalities with existing adult uses , such as the Town
of Islip, N. Y . , - 'the City of New York, N. Y . , and the City of Los
Angeles , Calif . ; have documented secondary impacts using police
statistics , surveys of residents and business owners , and
information from real estate professionals . Other municipalities
1
• s
which do not have adult uses have relied on the findings of
municipalities with adult uses . Such municipalities without adult
uses include the Villages of Westbury and Washingtonville , N. Y. ,
and the Town of Lloyd, N. Y . The Town of Danby is also among these
municipalities .
Steven ^ her , Director of the '• pkins County Division of
Assessment , w- - -sked by Su - Beeners , Danby Code Enforcement
OFficer on May 1 , ' • : , to provide his opinion on potential
secondary effects s adu es . It was Whicher ' s opinion that
residences in e immediate vice of an adult entertainment use
could rea • ably expect a decline in - = ket value .
Potential secondary impacts of adult uses which have been
identified in various studies include the following:
increased police activity near adult use establishments
property value depreciation
- negative community perception
- physical deterioration of neighborhood character
- loss of business for neighboring commercial uses
- reluctance of non-adult related businesses to locate near
adult use establishments
- high levels of noise , nighttime activity, litter , and
dust from parking lots near residential areas .
EXISTING REGULATIONS
While communities can restrict the locations of adult uses to
minimize potential secondary negative impacts , the United States
Constitution contains certain protections related to the rights of
those uses and all individuals . The First Amendment of the Bill of
Rights , adopted December 15 , 1791 , provides the following:
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise therof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble , and to petition the
Government for a redress of grievance . "
New York State Town Law, Sections 261 through 268 , allows towns to
have zoning regulations that restrict and regulate certain land
uses so as to protect the health, safety, morals , and general
welfare of the community.
The Town of Danby Zoning Ordinance , Section 200 , includes the
following statement of purpose :
"For the purpose of promoting the health, safety, morals , and
the general welfare of the community, and to lessen congestion
on the highways , to secure safety from fire , panic, and other
dangers , to protect the environment , to provide adequate light
2
I -
and air , to prevent the overcrowding or land, to avoid undue
concentration of population, to facilitate the adequate
provisions of transporation, water , sewerage , schools , parks
and other public requirements , under and pursuant to the laws
of the State of New York, the size of buildings and other
structures , the percentage of the lot that may be occupied,
the size of the yards , the density of population, and the
location and use of buildings , structures and land for trade,
residence or other purposes , are hereby restricted and
regulated as hereinafter provided. "
The Town of Danby Comprehensive Plan, adopted May 8 , 1989 , includes
the following goals and objectives :
"to ensure orderly growth that will not unduly and
unreasonably disrupt neighborhoods" (p. 1 )
"to discourage the type of development that would cause severe
disruption to the rural atmosphere which characterizes most of
the Town" (p. 3 )
"commercial development should be undertaken in ways which
respect adjoining land use" ( p . 7 )
The Comprehensive Plan also describes that commercial activities
which require high traffic be located in clusters along major
arteries , near existing businesses , or on new, generally short ,
roads (p. 7 )
ZONING METHODS
The United States Supreme court has identified three criteria must
be followed in creating zoning restrictions related to adult uses :
The regulation must be designed to address the secondary
effects of adult uses , without intending to control the
content or limit the freedom of speech.
The municipality must show a substantial government interest ,
such as the preservation of neighborhood character or
maintaining property values . Free speech is then only
burdened in a manner than is no broader than necessary to
achieve such goals .
The regulation must provide reasonable alternatives for the
applicant , such as alternative locations for such uses .
Three basic zoning techniques are commonly used in restricting the
location of adult uses . The concentration method restricts the
location of adult uses to specific zones or areas , with the
intention that such uses could not spread into sensitive areas of
3
the community. The dispersion method provides separation
requirements between adult uses to prevent the concentration of
adult uses .
A hybrid method is used by many municipalities . This method
restricts adult uses to specific zones , and also requires distance
separations between individual adult uses . Minimum distance
separations between adult uses and ' sensitive uses ' are also
applied.
DESCRIPTION OF DANBY
The Town of Danby is located to the south of the City and Town of
Ithaca. Many recreational and cultural opportunities are in the
Ithaca area, and Ithaca was recently ranked number 4 in the top 10
"micropolitans" in which to work and live (American Demographics,
January, 1998 ) .
Danby has a population of around 3 , 000 and an area of 53 . 6 square
miles . With State forest land comprising around one third of the
Town, Danby is one of the least densely populated towns in Tompkins
County. The number of housing units , however , increased by
24 . 09% , or 211 units , between 1980 and 1990 ( source : U. S . Census ) ,
and by an estimated 12% , or 132 new units , between 1990 and 1997
( source : Danby building permit records ) , to a present estimated
total of 1219 housing units .
Because of its rural atmosphere , recreational opportunities , and
convenient access to shopping and employment areas in Ithaca, Danby
will most likely continue to grow as a rural residential community.
Commercial and institutional land uses are primarily distributed
along Danby Road ( N. Y . S . Route 96-B) . They have traditionally been
located in or near the central Danby hamlet , in the area of Danby
Road between Miller Road and Michigan Hollow Road . This hamlet and
its vicinity also contain a concentration of residences . The
hamlet of West Danby, on and near N. Y . S . Route 34/96 and Station
Road, no longer has active commercial uses , but does have two
churches , a fire station, and a concentration of residences .
There are various existing and potential land uses and facilities
in Danby that may be frequented by families and children. These
uses may be termed ' sensitive uses ' which should be protected
against possible negative secondary effects of adult entertainment
uses . They include the following:
Various Churches
Town Hall
Danby School facility
Fire Stations (which regularly hold community functions )
Public recreation areas and trails
4
Child care facilities
Potential future community centers
Potential future health care facilities
In addition, residential neighborhoods are ' sensitive uses ' which
need protection against potential negative secondary effects .
RECOMMENDATIONS
Modification of the Town of Danby Zoning Ordinance appears to be
the best way to protect the character of Danby and its
neighborhoods while not suppressing the First Amendment rights of
adult entertainment businesses .
A hybrid approach is recommended, where adult uses would be
restricted to certain Commercial Zones , and where distance
separations would be required between the following :
- adult uses
adult uses and sensitive uses
- adult uses and residences
- adult uses and Residential Zones .
- adult uses and establishments selling liquor
The Danby Zoning Ordinance provides for three types of Commercial
Zones . Zones "A" , "B" and "C" are generally organized according to
low, moderate and higher levels of impact normally found in
commercial activities in respect to traffic , noise , and overall
impact . The purpose of Commercial Zone "C" is to provide an area
for commercial activities with higher levels of impact than in "A"
or "B" .
The largest Commercial Zone "C" is "C3" on Danby Road between
Hornbrook and Miller Roads . Being on Danby Road, this Zone has
good access . The size of the zone may make it possible to maintain
appropriate distance separations between adult uses and sensitive
uses, as long as there was very careful review of any potential
adult use application to protect sensitive uses and neighborhoods .
New Commercial Zones "C" may be established in High and Medium
Density Residential Zones , as well in other Residential or Planned
Development Zones . Such new zones may be applied for by an
applicant , or they may be designated by the Town Board. In both
cases , such new zones would have to be generally in accordance with
the Town' s comprehensive planning .
Because residences and other ' sensitive uses ' are not only located
in existing Commercial and High and Medium Density Zones but are
also concentrated in many other neighborhoods of the town, distance
separations and other provisions related to adult uses must be as
protective as possible , while respecting First Amendment Rights of
an adult use .
5
Municipalities are permitted to adopt distance separations
appropriate to their particular land use patterns . A chart showing
representative distance separations is provided in the Appendix .
EXISTING DISTANCE SEPARATIONS
In addition to yard and lot line setbacks , the following distance
separations are presently provided in the Town of Danby Zoning
Ordinance :
Sec . 516 : 100-foot setback from lot lines for new churches ,
schools , and other places of public assembly.
Sec . 708 : Theaters , dance halls , taverns , and restaurants must be
at least 200 feet from a Residence Zone .
Various other provisions for commercial uses related to site plans ,
special permits , rezonings , buffering, parking requirements , and
signage are also included in the Zoning Ordinance .
RECOMMENDED DISTANCE SEPARATIONS
Based on examination of Danby ' s land use patterns , and considering
potential negative impacts of adult uses , the following distance
separations are recommended :
ktoyo 755 Distance between the buildings and constructed parking spaces
of two or more adult uses .
C6k) Distance between the buildings and constructed parking spaces
of adult use( s ) and liquor establishments .
250 ' Distance between the buildings and constructed parking spaces
of adult use( s ) and Residential Zones .
- 73 ' Distance between the buildings and constructed parking spaces
of adult use( s ) and the following:
Dwellings
The lot lines of Places of Worship, Schools ,
Libraries , Community Centers , Child Care
Facilities , Government Buildings , Fire Stations ,
Health Care Facilities , Public Recreation Areas ,
and other areas and uses serving significant
numbers of children and families , or where children
and families might congregate .
Hiking trails open to the public .
A Study Map that applies the above distance separations to the
existing Commercial Zone "C3" is included in the Appendix . Within
that 128+/- acre zone , hypothetically up to adult entertainment
6
1 1
businesses could be located within a +/- acre area . In addition,
application could be made to the Town for the establishment of
additional Commercial Zone "C" lands in other areas of the Town.
RECOMMENDED MODIFICATIONS TO TOWN OF DANBY ZONING ORDINANCE
The following is an outline of possible revisions to the Town of
Danby Zoning Ordinance related to the control of the secondary
effects of adult entertainment businesses in order to protect the
community.
ADULT ENTERTAINMENT BUSINESS REGULATION - PROPOSED REVISIONS TO
TOWN OF DANBY ZONING ORDINANCE
Section 603 , Commercial Target Area, Subsection 4 , Commercial Zone
"C" , Paragraph ( d ) Uses Permitted in a Commercial Zone "C" by
Special Permit Only: Add new ( xii ) :
Adult entertainment business , subject to the following additional
requirements :
The buildings and constructed parking spaces ofv an adult
entertainment business are prohibited within -7-S.Q feet of the
buildings and constructed parking spaces of another adult
entertainment business , or of a liquor establishment .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 250 feet of the
boundary of a Residential Zone .
9
The buildings and constructed parking spacesA of an adult
entertainment business are prohibited within se-e feet of a
dwelling, or a hiking trail that is open to the public .
115D
The buildings and constructed parking spacesA of an adult
entertainment business are prohibited within CLfeet of the
lot lines of Places of Worship, Schools , Libraries , Community
Centers , Child Care Facilities , Government Buildings , Fire
Stations , Health Care Facilities , Public Recreation Areas , and
other areas and uses serving significant numbers of children
and families , or where children and families might congregate .
The distances provided hereinabove shall be measured by
following a straight line , without regard to intervening
buildings , from the nearest building , constructed parking
space , or other structure of an adult entertainment business ,
to the nearest point of the primary residential structure ,
hiking trail, lot line , or zoning district boundary from which
the adult entertainment business is to be separated .
7
( Renumber existing ( xii ) to ( xiii ) )
Appendix I - Definitions
(Add definition of Adult entertainment business , which is set out
in the Moratorium Local Law)
8
REFERENCES
Adult Entertainment Use Study: Town of Ithaca , New York. Town of
Ithaca Planning Department , April 6 , 1998 , Revised May 8 , 1998 .
Adult Entertainment Use Study, Village of Westbury, New York.
Village of Westbury, New York, 1997 .
Adult Use Study. Town Board of the Town of Lloyd, New York. Study
prepared by Greenplan, Inc . , June , 1997 .
Adult Use Study. Village of Washingtonville , Orange County, New
York. Study prepared by Greenplan, Inc . , June , 1997 .
1990 Census of Population and Housing. United States Bureau of the
Census .
Samel , Barbara J . , "Regulating Sexually Oriented Businesses" . New
York Council of Mayors Municipal Bulletin, May/June ,-1996 .
Study and Recommendations for Adult Entertainment Businesses in the
Town of Islip . Town of Islip Department of Planning and
Development , September 23 , 1980 .
Town of Danby Comprehensive Plan. Adopted by Town of Danby Town
Board, May 8 , 1989 .
Town of Danby Zoning Ordinance . Adopted by the Town Board of the
Town of Danby December 11 , 1991 , amended through September 11 ,
1995 .
United States Constitution. Bill of Rights , Amendment 1 . Adopted
December 15 , 1791 .
9
APPENDIX
10
ADULT ENTERTAINMENT BUSINESS — DEFINITION
"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 or 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, computer
discs or other magnetic media, 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, computer generated images, 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.
' 1
(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,
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, spa or 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 specified anatomical areas or
by specified sexual activities or films, motion pictures, video cassettes,
computer generated images, slides or other photographic reproductions
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
"Specified anatomical areas" means
(a) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered.
"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.
(From Islip Adult Use Study,
with additions 6/16/98)
Representative Separation Standards
Distance From
Municipality Residential Churches, Schools Other Similar
Areas and.other Like Adult
Facilities Establishments
Binghamton, New York 500 feet — I 500 feet
Buffalo, New York 500 feet — I 1,000 feet
Hyde Park, New York 500 feet I 500 feet 1,500 feet
Islip. New York 500 feet 500 feet 2,640 feet
Kingston, New York 500 feet I 500 feet 500 feet
New York, New York 500 feet I 500 feet 500 feet
Phoenix, Arizona 500 feet 500 feet I 1,000 feet
Whittier, California 1,000 feet 1,500 feet` I 1,500 feet
Manatee County, Florida 500 feet 2,000 feet I 1,000 feet
Indianapolis, Indiana 500 feet 500 feet I 500 feet
Minneapolis, Minnesota 1,000 feet I 500 feet 1 per block face
Ramsey, Minnesota 1,000 feet 1,000 feet` I 1,000 feet
Detroit, Michigan I 500 feet — 1,000 feet
Ferndale, Michigan — 500 feet I 1,000 feet
Southgate., Michigan • 500 feet I — I 1,000 feet
Houston, Texas 1,000 feet I 750 feet I 1,000 feet
Renton. Washington I 1,000 feet I 1,000 feet' I —
Notes: I. 500 feet to any liquor establishment.
.2. Includes libraries and Iiquor establishments.
3. One mile to any school.
Groton Village 250 ft. 500 ft. not addressed
from Res. Zones
Rome City 500 ft. 500 ft. not addressed
Cortland City 500 ft. 500 ft. (church) not addressed
1000 ft. (other sens.
uses)
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ZONE FxoUN1 D11-K4e-
ADULT ENTERTAINMENT BUSINESS STUDY -
TOWN OF DANBY
yoLL
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7 VVs/
Prepared by Town of Danby Planning Board for
Town of Danby Town Board, 6/17/98,
revised 7/28/98
INTRODUCTION
On April 13 , 1998 , the Town of Danby Town Board adopted a 180-day
moratorium on the establishment of adult entertainment uses in the
Town. The purpose of the moratorium was to allow the Town to study
the potential secondary effects of adult uses , and to revise the
Town' s Zoning Ordinance to include special provisions for such
uses .
It is important to respect Constitutional rights related to freedom
of expression, but it is equally as important to protect a
community from uses that may be detrimental to community character,
quality of life , and the general welfare of residents .
Various studies have shown that adult entertainment uses can have
negative secondary effects on a community. Land use planning and
zoning are legitimate ways that a municipality can regulate these
secondary effects , while protecting the rights of adult uses .
Before enacting regulations related specifically to adult uses ,
municipalities in New York State must complete a study of the
negative secondary effects of such uses . Currently, there are no
adult entertainment uses in the Town of Danby. Sirens , an adult
use establishment in the village of McLean in the nearby Town of
Groton, has been the subject of controversy. Municipalities such
as Danby which currently have no adult uses may rely in part on the
studies of other communities .
This study includes a review of studies conducted in other
communities, an analysis of the Town of Danby, and recommendations
for possible locations for adult uses in Danby.
For purposes of this study, adult uses include any business or
enterprise that sells sexually related materials or services , or
that does not allow minors under 21 years of age. Adult uses
include adult bookstores; adult movie theaters; adult video or
novelty stores; adult motels or hotels; topless , bottomless , or
totally nude bars; escort agencies; massage parlors; and peep shows
( See also the Appendix for definitions ) .
POTENTIAL SECONDARY IMPACTS OF ADULT USES ON COMMUNITIES
Adult entertainment uses have been found to have secondary impacts
on surrounding land uses that are different from impacts of other
commercial uses .
Various municipalities with existing adult uses , such as the Town
of Islip, N. Y. , the City of New York, N. Y . , and the City of Los
Angeles , Calif . , have documented secondary impacts using police
statistics , surveys of residents and business owners , and
information from real estate professionals . Other municipalities
1
which do not have adult uses have relied on the findings of
municipalities with adult uses . Such municipalities without adult
uses include the Villages of Westbury and Washingtonville , N. Y. ,
and the Town of Lloyd, N. Y. The Town of Danby is also among these
municipalities .
Potential secondary impacts of adult uses which have been
identified in various studies include the following:
increased police activity near adult use establishments
property value depreciation
- negative community perception
- physical deterioration of neighborhood character
- loss of business for neighboring commercial uses
- reluctance of non-adult related businesses to locate near
adult use establishments
- high levels of noise , nighttime activity, litter , and
dust from parking lots near residential areas .
EXISTING REGULATIONS
While communities can restrict the locations of adult uses to
minimize potential secondary negative impacts, the United States
Constitution contains certain protections related to the rights of
those uses and all individuals . The First Amendment of the Bill of
Rights, adopted December 15 , 1791 , provides the following:
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise therof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the
Government for a redress of grievance . "
New York State Town Law, Sections 261 through 268 , allows towns to
have zoning regulations that restrict and regulate certain land
uses so as to protect the health, safety, morals , and general
welfare of the community.
The Town of Danby Zoning Ordinance , Section 200 , includes the
following statement of purpose :
"For the purpose of promoting the health, safety, morals, and
the general welfare of the community, and to lessen congestion
on the highways , to secure safety from fire, panic, and other
dangers , to protect the environment , to provide adequate light
and air, to prevent the overcrowding or land, to avoid undue
concentration of population, to facilitate the adequate
provisions of transporation, water , sewerage, schools , parks
and other public requirements , under and pursuant to the laws
of the State of New York, the size of buildings and other
structures , the percentage of the lot that may be occupied,
the size of the yards , the density of population, and the
2
location and use of buildings, structures and land for trade,
residence or other purposes , are hereby restricted and
regulated as hereinafter provided. "
The Town of Danby Comprehensive Plan, adopted May 8 , 1989 , includes
the following goals and objectives :
"to ensure orderly growth that will not unduly and
unreasonably disrupt neighborhoods" (p. 1 )
"to discourage the type of development that would cause severe
disruption to the rural atmosphere which characterizes most of
the Town" (p. 3 )
"commercial development should be undertaken in ways which
respect adjoining land use" (p. 7 )
The Comprehensive Plan also describes that commercial activities
which require high traffic be located in clusters along major
arteries, near existing businesses , or on new, generally short ,
roads (p. 7 )
ZONING METHODS
The United States Supreme court has identified three criteria must
be followed in creating zoning restrictions related to adult uses :
The regulation must be designed to address the secondary
effects of adult uses , without intending to control the
content or limit the freedom of speech.
The municipality must show a substantial government interest,
such as the preservation of neighborhood character or
maintaining property values . Free speech is then only
burdened in a manner than is no broader than necessary to
achieve such goals .
The regulation must provide reasonable alternatives for the
applicant , such as alternative locations for such uses .
Three basic zoning techniques are commonly used in restricting the
location of adult uses . The concentration method restricts the
location of adult uses to specific zones or areas , with the
intention that such uses could not spread into sensitive areas of
the community. The dispersion method provides separation
requirements between adult uses to prevent the concentration of
adult uses .
A hybrid method is used by many municipalities . This method
restricts adult uses to specific zones , and also requires distance
separations between individual adult uses . Minimum distance
3
separations between adult uses and ' sensitive uses ' are also
applied.
DESCRIPTION OF DANBY
The Town of Danby is located to the south of the City and Town of
Ithaca. Many recreational and cultural opportunities are in the
Ithaca area, and Ithaca was recently ranked number 4 in the top 10
"micropolitans" in which to work and live (American Demographics,
January, 1998 ) .
Danby has a population of around 3 ,000 and an area of 53 . 6 square
miles . With State forest land comprising around one third of the
Town, Danby is one of the least densely populated towns in Tompkins
County. The number of housing units , however , increased by
24 . 09% , or 211 units , between 1980 and 1990 ( source : U. S. Census ) ,
and by an estimated 12% , or 132 new units , between 1990 and 1997
( source : Danby building permit records ) , to a present estimated
total of 1219 housing units .
Because of its rural atmosphere , recreational opportunities , and
convenient access to shopping and employment areas in Ithaca, Danby
will most likely continue to grow as a rural residential community.
Commercial and institutional land uses are primarily distributed
along Danby Road (N. Y . S . Route 96-B ) . They have traditionally been
located in or near the central Danby hamlet , in the area of Danby
Road between Miller Road and Michigan Hollow Road. This hamlet and
its vicinity also contain a concentration of residences . The
hamlet of West Danby, on and near N. Y. S . Route 34/96 and Station
Road, no longer has active commercial uses , but does have two
churches, a fire station, and a concentration of residences .
There are various existing and potential land uses and facilities
in Danby that may be frequented by families and children. These
uses may be termed ' sensitive uses' which should be protected
against possible negative secondary effects of adult entertainment
uses . They include the following:
Various Churches
Town Hall
Danby School facility
Fire Stations (which regularly hold community functions )
Public recreation areas and trails
Child care facilities
Potential future community centers
Potential future health care facilities
In addition, residential neighborhoods are ' sensitive uses ' which
need protection against potential negative secondary effects .
4
RECOMMENDATIONS
Modification of the Town of Danby Zoning Ordinance appears to be
the best way to protect the character of Danby and its
neighborhoods while not suppressing the First Amendment rights of
adult entertainment businesses .
A hybrid approach is recommended, where adult uses would be
restricted to certain Commercial Zones , and where distance
separations would be required between the following:
- adult uses
- adult uses and sensitive uses
- adult uses and residences
- adult uses and Residential Zones .
- adult uses and establishments selling liquor
The Danby Zoning Ordinance provides for three types of Commercial
Zones . Zones "A" , "B" and "C" are generally organized according to
low, moderate and higher levels of impact normally found in
commercial activities in respect to traffic, noise, and overall
impact . The purpose of Commercial Zone "C" is to provide an area
for commercial activities with higher levels of impact than in "A"
or "B" .
The largest Commercial Zone "C" is "C3" on Danby Road between
Hornbrook and Miller Roads . Being on Danby Road, this Zone has
good access . The size of the zone may make it possible to maintain
appropriate distance separations between adult uses and sensitive
uses , as long as there was very careful review of any potential
adult use application to protect sensitive uses and neighborhoods .
New Commercial Zones "C" may be established in High and Medium
Density Residential Zones , as well in other Residential or Planned
Development Zones . Such new zones may be applied for by an
applicant , or they may be designated by the Town Board. In both
cases , such new zones would have to be generally in accordance with
the Town' s comprehensive planning.
Because residences and other ' sensitive uses ' are not only located
in existing Commercial and High and Medium Density Zones but are
also concentrated in many other neighborhoods of the town, distance
separations and other provisions related to adult uses must be as
protective as possible, while respecting First Amendment Rights of
an adult use .
Municipalities are permitted to adopt distance separations
appropriate to their particular land use patterns . A chart showing
representative distance separations is provided in the Appendix.
5
EXISTING DISTANCE SEPARATIONS
In addition to yard and lot line setbacks , the following distance
separations are presently provided in the Town of Danby Zoning
Ordinance :
Sec. 516 : 100-foot setback from lot lines for new churches,
schools, and other places of public assembly.
Sec . 708 : Theaters , dance halls , taverns , and restaurants must be
at least 200 feet from a Residence Zone .
Various other provisions for commercial uses related to site plans,
special permits , rezonings , buffering, parking requirements , and
signage are also included in the Zoning Ordinance .
RECOMMENDED DISTANCE SEPARATIONS
Based on examination of Danby' s land use patterns , and considering
potential negative impacts of adult uses , the following distance
separations are recommended:
1000 ' Distance between the buildings and constructed parking
spaces of two or more adult uses .
1000 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and liquor establishments .
250 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and Residential Zones .
750 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and the following:
Dwellings
The lot lines of Places of Worship, Schools ,
Libraries , Community Centers , Child Care
Facilities , Government Buildings , Fire Stations,
Health Care Facilities , Public Recreation Areas,
and other areas and uses serving significant
numbers of children and families , or where children
and families might congregate .
Hiking trails open to the public .
A Study Map that applies the above distance separations to the
existing Commercial Zone "C3" is included in the Appendix. Within
that 128+/- acre zone , hypothetically up to four adult
entertainment businesses could be located within a 9 . 1+/- acre
area. In addition, application could be made to the Town for the
establishment of additional Commercial Zone "C" lands in other
areas of the Town.
6
RECOMMENDED MODIFICATIONS TO TOWN OF DANBY ZONING ORDINANCE
The following is an outline of possible revisions to the Town of
Danby Zoning Ordinance related to the control of the secondary
effects of adult entertainment businesses in order to protect the
community.
ADULT ENTERTAINMENT BUSINESS REGULATION - PROPOSED REVISIONS TO
TOWN OF DANBY ZONING ORDINANCE
Section 603 , Commercial Target Area, Subsection 4 , Commercial Zone
"C" , Paragraph (d) Uses Permitted in a Commercial Zone "C" by
Special Permit Only: Add new (xii ) :
Adult entertainment business , subject to the following additional
requirements :
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 1000 feet of the
buildings and constructed parking spaces of another adult
entertainment business , or of a liquor establishment .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 250 feet of the
boundaries of a Residential Zone .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 750 feet of a
dwelling, or a hiking trail that is open to the public .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 750 feet of the
lot lines of Places of Worship, Schools , Libraries , Community
Centers , Child Care Facilities , Government Buildings, Fire
Stations, Health Care Facilities , Public Recreation Areas , and
other areas and uses serving significant numbers of children
and families , or where children and families might congregate .
The distances provided hereinabove shall be measured by
following a straight line , without regard to intervening
buildings , from the nearest building, constructed parking
space, or other structure of an adult entertainment business ,
to the nearest point of the primary residential structure ,
hiking trail, lot line , or zoning district boundary from which
the adult entertainment business is to be separated.
(Renumber existing ( xii ) to (xiii ) )
Appendix I - Definitions
(Add definition of Adult entertainment business , which is set out
in the Moratorium Local Law)
7
REFERENCES
Adult Entertainment Use Study: Town of Ithaca, New York. Town of
Ithaca Planning Department , April 6 , 1998 , Revised May 8 , 1998 .
Adult Entertainment Use Study, Village of Westbury, New York.
Village of Westbury, New York, 1997 .
Adult Use Study. Town Board of the Town of Lloyd, New York. Study
prepared by Greenplan, Inc. , June , 1997 .
Adult Use Study. Village of Washingtonville , Orange County, New
York. Study prepared by Greenplan, Inc . , June , 1997 .
1990 Census of Population and Housing. United States Bureau of the
Census .
Samel, Barbara J . , "Regulating Sexually Oriented Businesses" . New
York Council of Mayors Municipal Bulletin, May/June , 1996 .
Study and Recommendations for Adult Entertainment Businesses in the
Town of Islip. Town of Islip Department of Planning and
Development , September 23 , 1980 .
Town of Danby Comprehensive Plan. Adopted by Town of Danby Town
Board, May 8 , 1989 .
Town of Danby Zoning Ordinance . Adopted by the Town Board of the
Town of Danby December 11 , 1991 , amended through September 11 ,
1995 .
United States Constitution. Bill of Rights, Amendment 1 . Adopted
December 15 , 1791 .
8
APPENDIX
9
•
ADULT ENTERTAINMENT BUSINESS — DEFINITION
"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 or 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, computer
discs or other magnetic media, 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, computer generated images, 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,
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, spa or 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 specified anatomical areas or
by specified sexual activities or films, motion pictures, video cassettes,
computer generated images, slides or other photographic reproductions
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
"Specified anatomical areas" means
(a) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered.
"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.
.i (From Islip Adult Use Study,
with additions 6/16/98)
Representative Separation Standards
Distance From
Municipality Residential Churches, Schools Other Similar
Areas and_Other Like Adult
Facilities Establishments
Binghamton, New York I 500 feet — ( 500 feet
Buffalo, New York 500 feet — 1,000 feet
Hyde Park, New York I 500 feet 500 feet I 1,500 feet
Islip. New York I 500 feet 500 feet I 2,640 feet
Kingston, New York 500 feet 500 feet I 500 feet
New York, New York 500 feet 500 feet 500 feet
Phoenix, Arizona 500 feet 500 feet 1,000 feet
Whittier, California I 1,000 feet 1,500 feet' 1,500 feet
Manatee County, Florida 1 500 feet 2,000 feet 1,000 feet
Indianapolis, Indiana I 500 feet 500 feet I 500 feet
Minneapolis, Minnesota 1,000 feet 500 feet 1 per block face
Ramsey, Minnesota 1,000 feet I 1,000 feet2 1,000 feet
Detroit, Michigan I 500 feet — 1,000 feet
Ferndale, Michigan — I 500 feet I 1,000 feet
South_:ate. Michigan • 500 feet 1 — 1,000 feet
Houston, Texas 1,000 feet I 750 feet 1,000 feet
Renton, Washington 1,000 feet I 1,000 feet' —
Notes: 1. 5uo feet to any liquor establishment.
?. Includes libraries and Iiquor establishments.
3. One mile to any school.
Groton village 250 ft. 500 ft. not addressed
from Res. Zones-
Rome City 500 ft. 500 ft. not addressed
Cortland City 500 ft. 500 ft. (church) not addressed
1000 ft. (other sens.
uses)
I
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APPROVED by TOWN BOARD o /\/\ .
December 11, 1991 v IrL 1 I
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to J card Srupamk, ...clack D y/
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Tompkins counly, new York MD Medium Density Residential Zone B Commercial Zone"B"
[JS i..n or Danby T
5 I HD High Density Residential Zone C Commercial Zone•"C•"
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,yaA�F'`'7 0 2 DD �rnb El(50
To : d1) Carol
From: Sue B. 7/28/98
Re: Adult Entertainment Businesses
Suggested notification procedure .
As soon as possible after Town Board has set a public hearing date
to consider the proposed local law, a notice of public hearing
should be sent to all owners of property within the Commercial "C"
Zones .
The notice should at least include the following:
"Please contact the Town Clerk to review the proposed local law and
related information. "
The notice could also include something like the following
" The Town of Danby Town Board is considering enacting a local law
amending the Town of Danby Zoning Ordinance , to provide for
increased regulation of adult entertainment businesses . Such
businesses may not be prohibited from any municipality. However,
increased regulation including minimum separation distances between
such businesses and residences , churches , etc . may be adopted. The
proposed local law would permit adult entertainment businesses in
Commercial "C" Zones . All owners of property in such zones are
being notified. Minimum separation distances are proposed.
Please contact the Town Clerk to review the proposed local law and
related information. "
0
t l
TOMPKINS
COUNTY I u
Tf N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
October 15, 1998
Attorney John Barney
Suite 400 119 E Seneca Street
Ithaca, New York
Dear John:
Enclosed are three (3) copies of Local Law No. 3 of 1998 and three (3)
copies of Local Law No. 4 for the Town of Danby.
I have signed all six (6) copies and placed the Town Seal on each one.
One is for your records, one for the Town and one to send to the
State of New York.
I have enclosed an envelope to be mailed with the copy to the State.
If you need additional information please call me at (607) 277-4788.
Thank you for your assistance in to publication material for the Journal
and the Comi Telecommunications document. I'm most appreciative.
Sincerely,
Carol W. Sczepanski
Town Clerk
BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
JOHN C. BARNEY SENECA BUILDING WEST
PETER G. GROSSMAN SUITE 400
DAVID A. DUBOW
RANDALL B. MARCUS 119 EAST SENECA STREET
WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE
(607)
KRISTIN E. HAZLITT* (607) 273-6841
(NOT FOR R SERVICE O OF S 6
OF PAPERS)
*ALSO ADMITTED IN MARYLAND
&WASHINGTON, D.C.
November 16, 1998
Ms. Carol Sczepanski
Town Clerk, Town of Danby
54A Gunderman Road
Ithaca, New York 14850
Re: Town of Danby Local Law No. 5 for the year 1998
Dear Carol:
Pursuant to your letter of November 11, 1998, we certified Local Law No. 5 for the
year 1998. We transmitted it to the Secretary of State on November 16, 1998. If the receipt
comes back to me, I will forward it on to you.
Enclosed are copies of the Local Law as so certified.
I am also enclosing herewith the confirmation letters we received back from the State
regarding the filing of Local Laws Nos. 3 and 4.
With best regards.
Sincerely yours,
JCB:sls
Enclosures V'
i
•
TOMPKINS
.: '. COUNTY
T • N OF DANBY - 1 OMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607) 277-0559
0 141'4
4 1 1
November 1 1 , 1998
Secretary of the State of New York
Department of State
Bureau of State Records
162 Washington Avenue
Albany, New York 12231-0001
Dear Sirs and Ladies :
Enclosed for filing in the Bureau of State Records is an original
copy of the Town of Danby Local Law No. 5 of 1998.
Please forward a receipt of fining to the Town of Danby Town Clerk,
Town of Danby, 1830 Danby Road, Ithaca, New York 14850 at your
earliest convenience.
Thank you for your attention to this matter.
Sincerely,
1
,8_41 y(cto(Alej
Carol W. Sczepanski
Town Clerk
enc.
cws
TOMPKINS O
COUNTY
Ti N OF DAN BY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
November 11 , 1998
Attorney John Barney
Barney, Grossman, Dubow & Marcus
Suite 400
119 East Seneca Street
Ithaca, New York 14850
Dear John:
Enclosed are the materials for Local Law No. 5 of 1998 for the Town of
Danby.
1) Three copies of the Local Law for your signature
2) Copy of Affidavit of Publication
3) Affidavit of Transmittal to Town Board
4) Copy of Adult Entertainment Business Study
5) Resolution # 57 - SEQR resolution
6) Resolution # 58 - Adoption of Local Law
If you need further information please call me at 277-4788.
Note:
Have you received confirmation from NYS of the filing of Local Laws #3 and
#4? (I have not received confirmation of filing at this time) .
Sincerely,
1,,V. 5,fp...4-L
Carol W. Sczepanski
Town Clerk
Enclosures: LL #5 Materials
TOMPKINS
COUNTY
Ti N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
r, , iD
November 11 , 1998
Secretary of the State of New York
Department of State
Bureau of State Records
162 Washington Avenue
Albany, New York 12231-0001
Dear Sirs and Ladies:
Enclosed for filing in the Bureau of State Records is an original
copy of the Town of Danby Local Law No. 5 of 1998.
Please forward a receipt of fining to the Town of Danby Town Clerk,
Town of Danby, 1830 Danby Road, Ithaca, New York 14850 at your
earliest convenience.
Thank you for your attention to this matter.
Sincerely,
Cam y(a.0-444:
Carol W. Sczepanski
Town Clerk
enc.
cws
TOWN OF DANBY
RESOLUTION NO. 57 OF 1998
SEQR RESOLUTION RELATING TO THE LOCAL LAW AMENDING THE TOWN OF
DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT
BUSINESSES
By Councilperson Gagnon: Seconded by Councilperson Inman
WHEREAS,the Town Board of the Town of Danby is considering a proposed local law entitled"A
LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING
TO ADULT ENTERTAINMENT BUSINESSES"; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) this Board has determined that it is the Lead Agency for
environmental review, and in that capacity has received, reviewed and considered a Short
Environmental Assessment Form with attached comments of the Town code Enforcement Officer;
and
WHEREAS,based upon such information and other relevant materials and studies submitted to the
Board this board has determined that proposed action will not have any significant environmental
impacts;
NOW, THEREFORE, BE IT RESOLVED, that this Board determines that the adoption of the
proposed local law entitled"A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING
ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" will have no
significant adverse environmental impacts and as a result no environmental impact statement is
required.
i
A roll call vote on the resolution resulted as follows:
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
STATE OF NEW YORK )
COUNTY OF TOMPKINS)SS:
TOWN OF DANBY )
I Carol W.Sczepanski,Town Clerk in the Town of Danby,a Municipal Corporation of the County of Tompkins,State of New York,hereby
certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a
Regular meeting held on the 9th day of November, 1998.
•
IN WITNESS WHEREOF,I have hereunto set my hand•a:id-the Seal of the Town of Danby,this 1 lth day of November , 1998.
atilA/j -d--4:
Caro . czP
czepanski,Town Clerk
NOV. 6. 1998 5.4OPM BARNEY GROSSMAN DUBOW & MARCUS NO.003 P.2/2
11
SET SOLUTION RELATING TO THE LOCAL LAW
- MEN NG THE TOWN OF DANDY ZONING ORDINANCE
t ATING TO ADULT ENTERTAINMENT BUSINESSES
WHEREAS, the Town Board of the Town of Danby is considering a proposed local law
entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES"; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article
8 (State Environmental Quality Review Act) this Board has determined that it is the Lead Agency
for environmental review, and in that capacity has received, reviewed and considered a Short
Environmental Assessment Form with attached comments of ltie. Tuwn Code Enforcement
Officer; and
WHEREAS, based upon such information and other relevant materials and studies
submitted to the Board this Board has determined that proposed action will not have any
significant environmental impacts;
NOW, THEREFORE, BE IT RESOLVED, that this Board determines that the adoption
of the proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY
ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES"will have
no significant adverse environmental impacts and as a result no environmental iinpctct statement
is required.
1 ef)
Olit)
„0"'
(Iv
gAivivz
NOV. 6.1998 5:4 0PM BARNEY GROSSMAN DUBOW & MARCUS NO.003 P. 1/2
RESOLUTION ADOPTING THE LOCAL LAW
AMENDING THE TOWN OF DANBY ZONING ORDINANCE (\ )
RELATING TO ADULT ENTERTAINMENT BUSINESSES
WHEREAS, a r cn1ution was duly adopted by the Town Board of the Town of Danby for
a public hearing to be held by said Town on November 9, 1998 to hear all interested parties on
a proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY
ZON NG ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES"; and
WHEREAS, notice of said public hearing was duly a.dvertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall
of the Town of Danby and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article
$ (State Environmental Quality Review Act) it has been determined by the Town Board that
adoption of said proposed local law would not have a significant effect upon the environment and
could be processed without further regard to SEQR; and
WHEREAS, a referral of the proposed local law was made to the Tompkins County
Department of Planning pursuant to Section 239-m and other applicable provisions of the General
Municipal Law and said Department has indicated that the proposal will have no significant
deleterious impact on intercotmnunity interests and that the Town is free to act without prejudice;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law
entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY GONLN'Ci
ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES", a copy of
which is attached hereto and made a part of this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the
Ithaca Journal as soon as practicable after its adoption; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law
with the Secretary of State as required by 1#w.
,t
1\1,J\ 7,„, ,t).,\\\.w
14-16-4(9195)—Text 12
PROJECT I.D. NUMBER 617.20 SEQR
Appendix C
State Environmental Duality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR _ 2. PROJECT NAME
'Io w va o•C 'D A v1{i v1 IoW 111 P�a Arne_3. PROJECT LOCATION:tom �{^
Municipality VIA b County 1 O W1
4. PRECISE LOCATION(Street address and road Intersections, prominent landmarks,etc.,or provide map)
oWv W(t t-E-)
5. IS PROPOSED ACTION:
New ❑Expansion ❑Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: Adap 1101 of GC. LQ C i. L Li W Amend 1•N 01 1%2,
Taw In O-F -DA vtb Zo v;,vi_u Ord ma( Gt. (Le.(tk )P ITT Ad N (•4-
en+e rya )n e tise5
7. AMOUNT OF LAND AFFECTED: r Taw i 1 re'1,tiafie>',n
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE REST
EYes ❑No If No,describe briefly
9. WH T IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential 'IndustrIai ",Commercial ' AgrIculturo ,
Describe: ///
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTI' l
STATE OR LOCAL)?
❑Yes 14 No If yes, list agency(s)and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR Al-.
❑Yes ' No II yes, list agency name and permIVapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes 0 N fJ •A "
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDv.
Applicant/sponsor .me: t ;1 • I . A li t r Date: 47f�
Signature: I/ , ✓ ! ` /I / _ —
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) .
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.0? If yes, coordinate the review process and use the FULL EAF.
❑Yes IgNo
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration
may be superseded by another involved agency.
1Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion,drainage or flooding problems? Explain briefly:
( -1-A CAAAAkff
C2. Aesthetic, agricultural, archaeological, historic, or other n.,ural or cultural resources;or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, signi 'cant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted,or : change in use or intensity of use of land or other natural resources?Explain briefly. •
C5. Growth, subsequent development, or related activities likely to •e induced by the proposed action? Explain briefly.
C6. Long term, short term,cumulative, or other effects not identifier in C1-05? Explain briefly.
C7. Other impacts(Including changes in use of either quantity or typ• of energy)? Explain briefly.
0. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHA' ACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes ❑No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO PO ENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) ,
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question 0 of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the Information and analysis above and any supporting
/// documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination: (5ee, a ainvi, --
--rbron of D4 141:::) T PSJy‘ f6cu .•r oL
Nart,e of lead Agency
J2 . e v►n e-rk, t a 1,t n S e.-e. tr(
or T se Name of Respo sible Officer in Lead Agency Title of Responsible'Officer
C rijK �
Signature o Res nsi le Officer in lead Agency Signature o Preparer(li different from respoi sIle iZ((r1
/-i/- 9a' 1111
Date
2
"P2 7, 5. 6 . 1017=2-1616 , FFYL- -r /0 6 0Az-c
PART II - ENVIRONMENTAL ASSESSMENT - Proposed Local Law Amending the Town of
Danby Zoning Ordinance Relating to Adult Entertainment Businesses
A. Does action exceed any Type I threshold?
[ ] Yes [X] No
B. Will action receive coordinated review as provided for unlisted actions?
[X] Yes [ ] No
C. Could action result in any adverse effects associated with the following:
Cl. Existing air quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential
for erosion, drainage, or flooding problems?
Not expected, since the action is the adoption of regulations related to
adult entertainment businesses, and no physical development accompanies this
action. Such businesses would be subject to their own development review.
C2. Aesthetic, agricultural, historic, or other natural or cultural resources;
or community or neighborhood character?
Not expected, given that no physical development accompanies this action.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?
Not expected, given that no physical development accompanies this action.
C4. A community's existing plans or goals as officially adopted, or a change
in use or intensity of use of land or other natural resources?
No significant adverse impacts are expected. Beneficial impacts are
expected as a result of the adoption of these regulations, because the
regulations would assist in mitigating certain secondary effects associated with
adult entertainment businesses.
C5. Growth, subsequent development, or related activities likely to be induced
by the proposed action?
Not expected as a direct result of this action. Specific applications for
the development of adult enterteinment businesses would be subject to subsequent
environmental review.
C6. Long term, short term, cumulative, or other effects not identified in Cl-
05?
As in CS.
C7. Other impacts (including changes in use of either quantity or type of energy?
Not expected, given that this action involves no physical development.
D. Will the project have an impact on the environmental characteristics that
caused the establishment of a CEA?
No. No Critical Environmental Areas have been officially designated in the
Town, and no physical development accompanies this action.
E. Is there, or is there likely to be, controversy related to potential adverse
environmental impacts?
None is known or expected at this time.
PART III - DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is recommended for
this action given the following:
The action is the adoption of regulations intended to mitigate certain
secondary effects related to adult entertainment businesses, and no physical
development accompanies this action.
C
Susan C. Beeners, Reviewer,
October 22, 1998
I. • t
ADULT ENTERTAINMENT BUSINESS STUDY -
TOWN OF DANBY
Prepared by Town of Danby Planning Board for
Town of Danby Town Board, 6/17/98 ,
revised 7/28/98
•
INTRODUCTION
On April 13 , 1998 , the Town of Danby Town Board adopted a 180-day
moratorium on the establishment of adult entertainment uses in the
Town. The purpose of the moratorium was to allow the Town to study
the potential secondary effects of adult uses , and to revise the
Town' s Zoning Ordinance to include special provisions for such
uses .
It is important to respect Constitutional rights related to freedom
of expression, but it is equally as important to protect a
community from uses that may be detrimental to community character,
quality of life , and the general welfare of residents .
Various studies have shown that adult entertainment uses can have
negative secondary effects on a community. Land use planning and
zoning are legitimate ways that a municipality can regulate these
secondary effects , while protecting the rights of adult uses .
Before enacting regulations related specifically to adult uses ,
municipalities in New York State must complete a study of the
negative secondary effects of such uses . Currently, there are no
adult entertainment uses in the Town of Danby. Sirens , an adult
use establishment in the village of McLean in the nearby Town of
Groton, has been the subject of controversy. Municipalities such
as Danby which currently have no adult uses may rely in part on the
studies of other communities .
This study includes a review of studies conducted in other
communities , an analysis of the Town of Danby, and recommendations
for possible locations for adult uses in Danby.
For purposes of this study, adult uses include any business or
enterprise that sells sexually related materials or services , or
that does not allow minors under 21 years of age . Adult uses
include adult bookstores; adult movie theaters; adult video or
novelty stores; adult motels or hotels; topless , bottomless , or
totally nude bars; escort agencies; massage parlors; and peep shows
( See also the Appendix for definitions ) .
POTENTIAL SECONDARY IMPACTS OF ADULT USES ON COMMUNITIES
Adult entertainment uses have been found to have secondary impacts
on surrounding land uses that are different from impacts of other
commercial uses .
Various municipalities with existing adult uses , such as the Town
of Islip, N. Y . , the City of New York, N. Y . , and the City of Los
Angeles , Calif . , have documented secondary impacts using police
statistics, surveys of residents and business owners , and
information from real estate Professionals . Other municipalities
1
•
which do not have adult uses have relied on the findings of
municipalities with adult uses . Such municipalities without adult
uses include the Villages of Westbury and Washingtonville , N.Y. ,
and the Town of Lloyd, N. Y . The Town of Danby is also among these
municipalities .
Potential secondary impacts of adult uses which have been
identified in various studies include the following:
increased police activity near adult use establishments
- property value depreciation
- negative community perception
- physical deterioration of neighborhood character
- loss of business for neighboring commercial uses
- reluctance of non-adult related businesses to locate near
adult use establishments
- high levels of noise , nighttime activity, litter , and
dust from parking lots near residential areas .
EXISTING REGULATIONS
While communities can restrict the locations of adult uses to
minimize potential secondary negative impacts , the United States
Constitution contains certain protections related to the rights of
those uses and all individuals . The First Amendment of the Bill of
Rights , adopted December 15 , 1791 , provides the following:
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise therof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble , and to petition the
Government for a redress of grievance . "
New York State Town Law, Sections 261 through 268 , allows towns to
have zoning regulations that restrict and regulate certain land
uses so as to protect the health, safety, morals , and general
welfare of the community.
The Town of Danby Zoning Ordinance , Section 200 , includes the
following statement of purpose :
"For the purpose of promoting the health, safety, morals , and
the general welfare of the community, and to lessen congestion
on the highways , to secure safety from fire , panic , and other
dangers , to protect the environment , to provide adequate light
and air , to prevent the overcrowding or land, to avoid undue
concentration of population, to facilitate the adequate
provisions of transporation, water , sewerage , schools , parks
and other public requirements , under and pursuant to the laws
of the State of New York, the size of buildings and other
structures , the percentage of the lot that may be occupied,
the size of the yards , the density of population, and the
2
location and use of buildings , structures and land for trade,
residence or other purposes , are hereby restricted and
regulated as hereinafter provided. "
The Town of Danby Comprehensive Plan, adopted May 8 , 1989 , includes
the following goals and objectives :
"to ensure orderly growth that will not unduly and
unreasonably disrupt neighborhoods" (p. 1 )
"to discourage the type of development that would cause severe
disruption to the rural atmosphere which characterizes most of
the Town" ( p. 3 )
"commercial development should be undertaken in ways which
respect adjoining land use" ( p. 7 )
The Comprehensive Plan also describes that commercial activities
which require high traffic be located in clusters along major
arteries , near existing businesses , or on new, generally short,
roads (p. 7 )
ZONING METHODS
The United States Supreme court has identified three criteria must
be followed in creating zoning restrictions related to adult uses :
The regulation must be designed to address the secondary
effects of adult uses , without intending to control the
content or limit the freedom of speech.
The municipality must show a substantial government interest ,
such as the preservation of neighborhood character or
maintaining property values . Free speech is then only
burdened in a manner than is no broader than necessary to
achieve such goals .
The regulation must provide reasonable alternatives for the
applicant , such as alternative locations for such uses .
Three basic zoning techniques are commonly used in restricting the
location of adult uses . The concentration method restricts the
location of adult uses to specific zones or areas , with the
intention that such uses could not spread into sensitive areas of
the community. The dispersion method provides separation
requirements between adult uses to prevent the concentration of
adult uses .
A hybrid method is used by many municipalities . This method
restricts adult uses to specific zones , and also requires distance
separations between individual adult uses . Minimum distance
3
separations between adult uses and ' sensitive uses ' are also
applied.
DESCRIPTION OF DANBY
The Town of Danby is located to the south of the City and Town of
Ithaca. Many recreational and cultural opportunities are in the
Ithaca area, and Ithaca was recently ranked number 4 in the top 10
"micropolitans" in which to work and live (American Demographics ,
January, 1998 ) .
Danby has a population of around 3 , 000 and an area of 53 . 6 square
miles . With State forest land comprising around one third of the
Town, Danby is one of the least densely populated towns in Tompkins
County. The number of housing units , however , increased by
24 . 09% , or 211 units , between 1980 and 1990 ( source : U. S. Census ) ,
and by an estimated 12% , or 132 new units , between 1990 and 1997
( source : Danby building permit records ) , to a present estimated
total of 1219 housing units .
Because of its rural atmosphere , recreational opportunities , and
convenient access to shopping and employment areas in Ithaca, Danby
will most likely continue to grow as a rural residential community.
Commercial and institutional land uses are primarily distributed
along Danby Road ( N. Y . S . Route 96-B ) . They have traditionally been
located in or near the central Danby hamlet , in the area of Danby
Road between Miller Road and Michigan Hollow Road . This hamlet and
its vicinity also contain a concentration of residences . The
hamlet of West Danby, on and near N. Y . S . Route 34/96 and Station
Road, no longer has active commercial uses , but does have two
churches , a fire station, and a concentration of residences .
There are various existing and potential land uses and facilities
in Danby that may be frequented by families and children. These
uses may be termed ' sensitive uses ' which should be protected
against possible negative secondary effects of adult entertainment
uses . They include the following :
Various Churches
Town Hall
Danby School facility
Fire Stations (which regularly hold community functions )
Public recreation areas and trails
Child care facilities
Potential future community centers
Potential future health care facilities •
In addition, residential neighborhoods are ' sensitive uses ' which
need protection against potential negative secondary effects .
4
RECOMMENDATIONS
Modification of the Town of Danby Zoning Ordinance appears to be
the best way to protect the character of Danby and its
neighborhoods while not suppressing the First Amendment rights of
adult entertainment businesses .
A hybrid approach is recommended, where adult uses would be
restricted to certain Commercial Zones , and where distance
separations would be required between the following :
- adult uses
- adult uses and sensitive uses
- adult uses and residences
- adult uses and Residential Zones .
- adult uses and establishments selling liquor
The Danby Zoning Ordinance provides for three types of Commercial
Zones . Zones "A" , "B" and "C" are generally organized according to
low, moderate and higher levels of impact normally found in
commercial activities in respect to traffic , noise , and overall
impact . The purpose of Commercial Zone "C" is to provide an area
for commercial activities with higher levels of impact than in "A"
or "B" .
The largest Commercial Zone "C" is "C3" on Danby Road between
Hornbrook and Miller Roads . Being on Danby Road, this Zone has
good access . The size of the zone may make it possible to maintain
appropriate distance separations between adult uses and sensitive
uses , as long as there was very careful review of any potential
adult use application to protect sensitive uses and neighborhoods .
New Commercial Zones "C" may be established in High and Medium
Density Residential Zones , as well in other Residential or Planned
Development Zones . Such new zones may be applied for by an
applicant , or they may be designated by the Town Board. In both
cases , such new zones would have to be generally in accordance with
the Town' s comprehensive planning .
Because residences and other ' sensitive uses ' are not only located
in existing Commercial and High and Medium Density Zones but are
also concentrated in many other neighborhoods of the town, distance
separations and other provisions related to adult uses must be as
protective as possible , while respecting First Amendment Rights of
an adult use .
Municipalities are permitted to adopt distance separations
appropriate to their particular land use patterns . A chart showing
representative distance separations is provided in the Appendix .
5
EXISTING DISTANCE SEPARATIONS
In addition to yard and lot line setbacks , the following distance
separations are presently provided in the Town of Danby Zoning
Ordinance :
Sec . 516 : 100-foot setback from lot lines for new churches ,
schools , and other places of public assembly.
Sec . 708 : Theaters , dance halls , taverns , and restaurants must be
at least 200 feet from a Residence Zone .
Various other provisions for commercial uses related to site plans ,
special permits , rezonings , buffering, parking requirements , and
signage are also included in the Zoning Ordinance .
RECOMMENDED DISTANCE SEPARATIONS
Based on examination of Danby ' s land use patterns , and considering
potential negative impacts of adult uses , the following distance
separations are recommended:
1000 ' Distance between the buildings and constructed parking
spaces of two or more adult uses .
1000 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and liquor establishments .
250 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and Residential Zones .
750 ' Distance between the buildings and constructed parking
spaces of adult use( s ) and the following:
Dwellings
The lot lines of Places of Worship, Schools ,
Libraries , Community Centers , Child Care
Facilities , Government Buildings , Fire Stations ,
Health Care Facilities , Public Recreation Areas ,
and other areas and uses serving significant
numbers of children and families , or where children
and families might congregate .
- Hiking trails open to the public .
A Study Map that applies the above distance separations to the
existing Commercial Zone "C3" is included in the Appendix . Within
that 128+/- acre zone , hypothetically up to four adult
entertainment businesses could be located within a 9 . 1+1- acre
area . In addition, application could be made to the Town for the
establishment of additional Commercial Zone "C" lands in other
areas of the Town.
6
RECOMMENDED MODIFICATIONS TO TOWN OF DANBY ZONING ORDINANCE
The following is an outline of possible revisions to the Town of
Danby Zoning Ordinance related to the control of the secondary
effects of adult entertainment businesses in order to protect the
community .
ADULT ENTERTAINMENT BUSINESS REGULATION - PROPOSED REVISIONS TO
TOWN OF DANBY ZONING ORDINANCE
Section 603 , Commercial Target Area , Subsection 4 , Commercial Zone
"C" , Paragraph (d) Uses Permitted in a Commercial Zone "C" by
Special Permit Only: Add new ( xii ) :
Adult entertainment business , subject to the following additional
requirements :
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 1000 feet of the
buildings and constructed parking spaces of another adult
entertainment business , or of a liquor establishment .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 250 feet of the
boundaries of a Residential Zone .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 750 feet of a
dwelling, or a hiking trail that is open to the public .
The buildings and constructed parking spaces of an adult
entertainment business are prohibited within 750 feet of the
lot lines of Places of Worship, Schools , Libraries , Community
Centers , Child Care Facilities , Government Buildings , Fire
Stations , Health Care Facilities , Public Recreation Areas , and
other areas and uses serving significant numbers of children
and families , or where children and families might congregate .
The distances provided hereinabove shall be measured by
following a straight line , without regard to intervening
buildings , from the nearest building, constructed parking
space , or other structure of an adult entertainment business ,
to the nearest point of the primary residential structure ,
hiking trail , lot line , or zoning district boundary from which
the adult entertainment business is to be separated.
( Renumber existing ( xii ) to ( xiii ) )
Appendix I - Definitions
(Add definition of Adult entertainment business , which is set out
in the Moratorium Local Law)
7
REFERENCES
Adult Entertainment Use Study: Town of Ithaca, New York. Town of
Ithaca Planning Department , April 6 , 1998 , Revised May 8 , 1998 .
Adult Entertainment Use Study, Village of Westbury, New York.
Village of Westbury, New York, 1997 .
Adult Use Study. Town Board of the Town of Lloyd, New York. Study
prepared by Greenplan, Inc . , June , 1997 .
Adult Use Study. Village of Washingtonville , Orange County, New
York. Study prepared by Greenplan, Inc . , June, 1997 .
1990 Census of Population and Housing . United States Bureau of the
Census .
Samel , Barbara J . , "Regulating Sexually Oriented Businesses" . New
York Council of Mayors Municipal Bulletin, May/June , 1996 .
Study and Recommendations for Adult Entertainment Businesses in the
Town of Islip. Town of Islip Department of Planning and
Development , September 23 , 1980 .
Town of Danby Comprehensive Plan . Adopted by Town of Danby Town
Board , May 8 , 1989 .
Town of Danby Zoning Ordinance . Adopted by the Town Board of the
Town of Danby December 11 , 1991 , amended through September 11 ,
1995 .
United States Constitution. Bill of Rights , Amendment 1 . Adopted
December 15 , 1791 .
•
8
APPENDIX
9
ADULT ENTERTAINMENT BUSINESS — DEFINITION
"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 or 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, computer
discs or other magnetic media, 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, computer generated images, 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,
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, spa or 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 specified anatomical areas or
by specified sexual activities or films, motion pictures, video cassettes,
computer generated images, slides or other photographic reproductions
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
"Specified anatomical areas" means
(a) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered.
"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.
• (From Islip Adult Use Study,
with additions 6/16/98)
Representative Separation Standards
Distance From
Municipality Residential Churches, Schools Other Similar
Areas and.Other Like Adult
Facilities Establishments
Binghamton, New York 500 feet I — 500 feet
Buffalo, New York 500 feet — 1,000 feet
Hyde Park, New York 500 feet 500 feet 1,500 feet
Islip. New York 500 feet 500 feet 2,640 feet
Kingston, New York 500 feet 500 feet 500 feet
New York, New York 500 feet 500 feet 500 feet
Phoenix, Arizona 500 feet I 500 feet 1,000 feet
Whittier, California 1,000 feet 1,500 feeti 1,500 feet
Manatee County, Florida 500 feet I 2,000 feet 1,000 feet
Indianapolis, Indiana 500 feet 500 feet 500 feet
Minneapolis, Minnesota 1,000 feet f 500 feet 1 per block face
Ramsey. Minnesota I 1,000 feet 1,000 feet" 1,000 feet
Detroit, Michigan I 500 feet — 1,000 feet
Ferndale, Michigan I — I 500 feet 1,000 feet
South_,ate, Michigan 500 feet I — I 1,000 feet
Houston, Texas I 1,000 feet I 750 feet 1,000 feet
Renton. Washington 1,000 feet I 1,000 feet' —
Notes: 1. 500 Ccct to any liquor establishment.
.2. Includes libraries and liquor establishmcnts.
3. One. mile to any school.
Groton Village 250 ft. 500 ft. not addressed
from Res. Zones
Rome City 500 ft. - 500 ft. not addressed
Cortland City 500 ft. 500 ft. (church) not addressed
1000 ft. (other sens.
uses)
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Tompkins County
DEPARTMENT OF PLANNING
121 East Court Street
Ithaca,New York 14850
James W.Hanson,Jr. Telephone(607)274-5560
Commissioner of Planning FAX(607)274-5578
October 28, 1998
Ms. Susan Beeners
Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca, NY 14850
Re: Zoning Review Pursuant to §239 -1 and-m of the New York State General
Municipal Law
Action: Local law Amending the Town of Danby Zoning Ordinance Relating to Adult
Entertainment Businesses
Dear Ms. Beeners:
This letter acknowledges your referral of the proposal identified above for review and comment by
the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State
General Municipal Law.
The proposal, as submitted, will have no significant deleterious impact on intercommunity,
County, or State interests. Therefore, no recommendation is indicated by the Tompkins County
Planning Department, and you are free to act without prejudice.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
James W. Hanson, Jr.
Commissioner of Planning
t4i Recycled paper
Cal.61
TOMPKINS
COUNTY
T � N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
PH: 607-277-0799 CODE ENFORCEMENT OFFICE FAX: 607-277-0559
October 22, 1998
To: Jim Hanson
From: Susan Beeners2 / •i7
Enclosed for purposes of N.Y.S. General Municipal Law 239 review is the proposed "Local Law
Amending the Town of Danby Zoning Ordinance Relating to Adult Entertainment Businesses", the
SEQR Short Environmental Assessment Form related to the Local Law, and the Adult
Entertainment Business Study which preceded the draft local law.
The Town Board will be holding a public hearing on the matter on Monday, November 9, 1998.
Thank you for your assistance.
[77 rzT
1 Proposed Local Law
September 16, 1998
DRAFT PROPOSED LOCAL LAW
TOWN OF DANBY
LOCAL LAW NO. OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Town board of the Town of Danby hereby finds that the presence of adult
entertainment businesses can have serious secondary effects on the general health, safety and
economic well-being of the community. As numerous studies, including the study by the Town's
Planning Board, have demonstrated, the presence of such uses in an area may lead to:
1. Increased police activity near such uses;
2. Decline in surrounding property values;
3. Negative community perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establishments; and
7. High levels of noise, nighttime activity, litter, and dust from parking lots near residential
areas.
The purpose of this law is to mitigate the 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 secondary
effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended and revised, on December 11, 1991, and
subsequently amended, be further amended as follows:
r,
.„_, _
2 Proposed Local Law
September 16, 1998
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C"", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
subparagraph (xii) reading as follows:
"(xii)Adult entertainment business, subject to the additional requirements set forth
in Section 710."
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows:
"Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
businesses,when permitted by other provisions of this ordinance, shall be subject to complying with
the following requirements which shall be in addition to any other requirements or considerations
set forth elsewhere in this Ordinance:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking areas, are
located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c ) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
e) 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages are
sold;
The distances provided hereinabove shall be measured by following a straight line,
without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
rr-)
2 Proposed Local Law
September 16, 1998
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C"", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
subparagraph (xii) reading as follows:
"(xii) Adult entertainment business, subject to the additional requirements set forth
in Section 710."
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows:
"Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
businesses, when permitted by other provisions of this ordinance, shall be subject to complying with
the following requirements which shall be in addition to any other requirements or considerations
set forth elsewhere in this Ordinance:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and D( of this Ordinance.
2. The building in which the business is conducted, and the related parking areas, are
located at least
(a) 150 feet from any highway right of way line;
• (b) 250 feet from the boundary of any Residential Zone;
(c ) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
(e) 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages are
sold;
The distances provided hereinabove shall be measured by following a straight line,
without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
DRAFT
3 Proposed Local Law
September 16, 1998
of the primary residential structure, public recreation area, hiking trail, lot line, or
zone boundary from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section
706, except as modified by this local law and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 706,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 entertainment business is not one specified in Section 706,
the minimum parking requirement shall be 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)."
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new definitions
entitled "Adult entertainment business", "specified anatomical areas" and "specified sexual
activities" reading as follows:
"ADULT ENTERTAINMENT BUSINESS - 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 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
4 Proposed Local Law
September 16, 1998
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, 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, spa or 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 specified anatomical areas 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."
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered."
DRAFT
5 Proposed Local Law
September 16, 1998
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
iaA- r j
vci
TOWN OF DANBY a
LOCAL LAW NO. OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINA
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Town Board of the Town of Danby hereby finds that the presence of
adult entertainment businesses can have serious e secondary effects on the general
health, safety and economic well-being of the community. As numerous studies, including the
study by the Town's Planning Board, have demonstrated, the presence of such uses in an area
may lead to:
1. Increased police activity near such uses;
2. Decline in surrounding property values;
3. Negative community perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establislunents; and
7. High levels of noise, nighttime activity, litter, and dust from parking lots near
residential areas.
The purpose of this law is to elinTinate--er— a—minimum;-to- mitigate the gatuce---1
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 new ee secondary effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended, and revised, on December 11, 1991,
and subsequently amended, be further amended as follows:
I. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
adult-zo.il wp51/Danby September 9, 1998 4:41pm
subparagraph (xii) reading as follows:
"(xii) Adult entertainment business, subject to the additional requirements set
forth in Section 710."
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows:
"Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult
entertainment businesses, when permitted by other provisions of this ordinance,
shall be subject to complying with the following requirements which shall be in
addition to any other requirements or considerations set forth elsewhere in this
Ordinance:
1. Receipt from the Planning Board of a special permit for same after
submission and approval by the Planning Board of a site plan, all in
accordance with the provisions of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking
areas, are located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from(an the property boundary line of any church,
school, library, community center, child care facility, government
building, fire station, public recreation area, or any other facility
or area serving significant numbers of children and families, or
where children and families regularly congregate; and
(d) 1000 feet from the building and related parking area of any other
adult entertainment business, or any establishment at which
alcoholic beverages are sold;
The distances provided hereinabove shall be measured by following a
straight line, without regard to intervening buildings, from the nearest
building, parking lot boundary, or other structure of an adult
entertainment business, to the nearest point of the primary residential
structure, public recreation area, hiking trail, lot line, or zone boundary
from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects
2
adult-zo.11 wp51/Danby September 9, 1998 3:33pm
with the requirements set forth in Articles VIII and IX and with the
requirements of Section 706, except as modified by this local law and with
the following further exceptions:
(a) If the type of adult entertainment business is one specified in
Section 706, 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 entertainment business is not one specified in
Section 706, the minimum parking requirement shall be 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)."
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new
definitions entitled "Adult entertainment business", "specified anatomical areas" and
"specified sexual activities" reading a follows:
"ADULT ENTERTAINMENT BUSINESS - 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
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
3
adult-zo.11 wp51/Danby September 9, 1998 3:36pm
(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,
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, spa or 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 specified anatomical areas 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."
4
adult-zo.11 wp51/Danby September 9, 1998 3:36pm
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered."
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
5
•
2 C\\61(qC‘
TOWN OF DANBY q�
w
LOCAL LAW NO. OF TIIE YEAR 1998
A LOCAL LAW AMENDING TIIE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Town Board of the Town of Danby hereby finds that the presence of
adult entertainment businesses can have serious objectionable secondary effects on the general
health, safety and economic well-being of the community. As numerous studies, including the
study by the Town's Planning Board, have demonstrated, the presence of such uses in an area
may lead to: •
1. Increased police activity near such uses;
2. Decline in surrounding property values;
3. Negative community perception;
4. Physical deterioration of neighborhood character including blighting of surrounding
commercial and residential areas;
5. Loss of business for neighboring commercial uses;
6. Reluctance of non-adult related businesses to locate near adult use establishments; and
7. High levels of noise, nighttime activity, litter, and dust from parking lots near
residential areas.
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 negative secondary effects.
Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning
Ordinance of the Town of Danby as re-adopted, amended, and revised, on December 11, 1991,
and subsequently amended, be further amended as follows:
1. Article VI, Section 603 entitled "COMMERCIAL TARGET AREA",
Subsection 4 entitled "COMMERCIAL ZONE "C", subparagraph (d) entitled "USES
PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT,ONLY" is
amended by renumbering sub-subparagraph (xii) to be (xiii) and by adding a new sub-
adult-zo.Il wp51/Danby September 9, 1998 4:41pm
subparagraph (xii) reading as follows:
"(xii) Adult entertainment business, subject to the additional requirements set
forth in Section 710."
II. Article VII entitled SPECIAL REGULATIONS is amended by adding a new
Section 710 reading as follows:
"Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult
entertainment businesses, when permitted by other provisions of this ordinance,
shall be subject to complying with the following requirements which shall be in
addition to any other requirements or considerations set forth elsewhere in this
Ordinance:
1. Receipt from the Planning Board of a special permit for same after
submission and approval by the Planning Board of a site plan, all in
accordance with the provisions of Articles VIII and IX of this Ordinance.
2. The building in which the business is conducted, and the related parking
areas, are located at least
(a) 150 feet from any highway right of way line;
(b) 250 feet from the boundary of any Residential Zone;
(c) 750 feet from any dwelling or public hiking trail;
(d) 750 feet from any the property boundary line of any church,
school, library, community center, child care facility, government
building, fire station, public recreation area, or any other facility
or area serving significant numbers of children and families, or
where children and families regularly congregate; and
(d) 1000 feet from the building and related parking area of any other
adult entertainment business, or any establishment at which
alcoholic beverages are sold;
The distances provided hereinabove shall be measured by following a
straight line, without regard to intervening buildings, from the nearest
building, parking lot boundary, or other structure of an adult
entertainment business, to the nearest point of the primary residential
structure, public recreation area, hiking trail, lot line, or zone boundary
from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects
2
adult-zo.11 wp51/Danby September 9, 1998 3:33pm
with the requirements set forth in Articles VIII and IX and with the
requirements of Section 706, except as modified by this local law and with
the following further exceptions:
(a) If the type of adult entertainment business is one specified in
Section 706, 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 entertainment business is not one specified in
Section 706, the minimum parking requirement shall be 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)."
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new
definitions entitled "Adult entertainment business", "specified anatomical areas" and
"specified sexual activities" reading a follows:
"ADULT ENTERTAINMENT BUSINESS - 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
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
3
adult-zo.11 wp51/Danby September 9, 1998 3:36pm
(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,
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, spa or 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 specified anatomical areas 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."
4
•
adult-zo.1l wp51/Danby September 9, 1998 3:36pm
"SPECIFIED ANATOMICAL AREAS -
(a) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered."
"SPECIFIED SEXUAL ACTIVITIES -
(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."
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.
5
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