[HISTORY: Adopted by the Board of Trustees
of the Village of Hastings-on-Hudson 10-4-1994 by L.L. No. 9-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Dance halls — See Ch. 121.
Exposure of females — See Ch.
212, Art. III.
Zoning — See Ch. 295.
A.
The Board of Trustees hereby finds that adult entertainment
uses of property, by their very nature, have serious objectionable
characteristics that can have a significant impact on the neighborhood
and community in which they are located. The Board of Trustees further
finds that:
(1)
The uncontrolled proliferation of such uses would
be inconsistent with the nature of the village as a primarily residential,
family-oriented community.
(2)
Such uses can contribute to the blighting or downgrading
of neighborhoods in which they are located as a result of their related
potential for an increase in crime and the undermining of the economic,
moral and social welfare of the community.
(3)
Such uses can adversely impact the general health,
safety and economic well-being of the entire community and, in particular,
the children of the community.
(4)
The location of such uses in areas where children
reside or may regularly assemble is of great concern to the Village
of Hastings-on-Hudson.
B.
Therefore, it is the purpose of this chapter to prevent
a concentration of these uses in any one area and to specifically
reduce their potential accessibility to children.
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, periodicals, recordings, films,
videotapes, cassettes or other viewing materials which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas and which
establishment excludes minors by reason of age.
An establishment that presents topless and/or bottomless
dancers, strippers, male or female impersonators, exotic dancers or
other similar entertainers, and excludes minors by reason of age.
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret or massage establishment, as
those terms are defined herein.
A motel that is open to the public generally and makes available
to its patrons in their rooms films, slide shows or videotapes which,
if presented in a public movie theater, would exclude minors by reasons
of age.
An establishment presenting material distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons,
and which establishment excludes minors by reason of age.
A method of treating the external part of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
An establishment where massages are administered, excluding
hospitals, nursing homes, medical clinics, offices of health care
practitioners duly licensed by the State of New York and barbershops
or beauty salons in which massages are administered to the scalp,
the face, the neck or the shoulder. This definition shall also not
include any volunteer fire department or volunteer rescue squad or
any nonprofit organization operating a community center or other such
educational, cultural, recreational or athletic facilities.
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
A.
No adult entertainment use shall be permitted except
upon the issuance of a special use permit by the Board of Trustees
including any conditions as the Trustees may determine are appropriate
in connection therewith.
The following standards shall control the location
and operation of adult entertainment uses:
A.
No more than one adult entertainment use shall be
permitted on any lot, and no such use shall be permitted within 750
feet of any other such use.
B.
No adult entertainment use shall be permitted in any
building used in whole or in part for residential purposes.
C.
No adult entertainment use shall be permitted on any
lot that is located within 750 feet of any lot used for residential
purposes in a residential district.
D.
No adult entertainment use shall be permitted on any
lot that is located within 750 feet of any lot on which is located
a school, place of worship, counseling or psychiatric treatment facility,
community center, day-care center, public park, playing field or other
area in which large numbers of minors regularly congregate.
E.
No adult entertainment use shall be permitted within
750 feet of a train station or any school bus stop.
F.
Adult entertainment uses shall comply with all other
requirements of the Code of the Village of Hastings-on-Hudson, as
well as all applicable town, county, state and federal laws and regulations.
G.
All building openings, including doorways, windows,
etc., shall be located, covered or screened in such manner as to prevent
a view into the adult entertainment use from any public street, sidewalk
or parking area.
H.
As a condition to the issuance of a special use permit
for any such adult entertainment use, there shall be a restriction
that no person under the age of 18 years shall be permitted into or
on the premises.
I.
As a further condition of the approval of any adult entertainment use, there shall be no outdoor display or advertising of any kind, other than one business identification sign complying with all signage requirements set forth in Chapter 295, Zoning.[1]
[1]
Editor's Note: Former § 83-5, Effect on existing
uses, which immediately followed, was repealed 1-22-2019 by L.L. No.
1-2019.
