Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
Within the REC-1 Residential Overlay District, as defined on the Town of Fallsburg Zoning Map, a residential development of two residential units per acre shall be permitted subject to the following conditions:
Mandatory clustering. When a residential density of two units per acre is requested, the proposed residential development shall be clustered in accordance with the provisions of Article XIV of this chapter.
Provision of central water and sewer. Only those developments that provide for central water and sewer as defined in this chapter shall be permitted to build at a density of two units per acre.
Within the O&W Rail Trail Overlay District (as defined on the Zoning Map), no disturbance of existing vegetation shall be permitted within 200 feet of the center line of the rail trail right-of-way in order to provide a vegetative buffer along the linear park.
Adult-oriented business shall be permitted as special uses subject to the following standards:
Overlay zoning district boundary. Shall consist of the following Tax Map parcels: Tax Map Parcel 25-1-11; 25-1-13; 29-1-3; 6-1-7; 6-1-8; 6-1-9.1; 6-1-9.2; 6-1-11; and 6-1-14.
Separation from other uses. Because adult-oriented businesses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult-oriented business, accentuate the negative impacts on the area. Adult-oriented businesses therefore shall not be located within 300 feet of any residence, residential facility, institution, health facility, child-care center, church, synagogue, school, public or semi-public use, park or recreation facility, cemetery, or any other establishment which sells alcoholic beverages. This distance shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult-oriented business to the nearest property line of the premises incorporating any of the above listed uses.
Sale of alcoholic beverages shall not be permitted at an adult-oriented business.
No exterior display or interior display which is visible from outside the business shall be made to identify or portray the type of activity which occurs at an adult-oriented business excepting for one approved ground sign not to exceed a surface area of 36 square feet for both sides combined. Such sign shall be subject to all other limitations applicable to signs. It shall not incorporate any obscene material but shall otherwise be unlimited as to message.
No nonconforming building or lot shall be used for an adult-oriented business. No other existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult-oriented business unless application to do so has been made pursuant to this section and Planning Board approval.
Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented business or any other public place within the Town of Fallsburg:
Public appearance by a person knowingly or intentionally engaged in sexual intercourse, deviate sexual conduct or the fondling of the genitals of him or herself or another person.
The knowing and intentional public appearance of a person in a state of nudity. "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.