[Added 8-12-1994 by L.L. No. 4-1994]
A.
It is recognized that there are some uses which, due
to their very nature, have serious objectionable characteristics to
the community. The objectionable characteristics of these uses are
further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent areas. Special regulation of
these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhoods or land uses.
B.
It is further declared that the location of these
uses in regard to areas where our youth may regularly assemble and
the general atmosphere encompassing their operation is of great concern
to the Village of Valley Stream.
C.
These special regulations are itemized in this article
to accomplish the primary purposes of preventing a concentration of
these uses in any one area, preventing adverse secondary impacts of
such uses on surrounding neighborhoods and restricting their accessibility
to minors.
As used in this article, adult uses are defined
as follows:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily open
to the public generally, but excludes any minor by reason of age.
An establishment which presents topless dancers, strippers,
male or female impersonators or exotic dancers, or other similar entertainments,
and which establishment is customarily open to the public generally
or is restricted to private membership, but excludes any minor by
reason of age.
A motel which is open to the public generally, but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a public movie theater, would be open to the public generally, but
would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows, that is open to the public generally, but
excludes any minor by reason of age.
Any of the uses defined in this section, as well as any other
establishment or business involved in the dissemination of material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is open to the pubic generally, but excludes
any minor by reason of age.
Either:
One or more of:
A.
Notwithstanding any provision of this Code to the
contrary, in addition to all other restrictions and regulations set
forth in this chapter and this Code, adult uses shall be restricted
as to location in the following manner:
(1)
Any of the above uses shall not be located within
a five-hundred-foot radius of any residence district.
(2)
Any of the above uses shall not be located within
a one-thousand-foot radius of another such use.
(3)
Any of the above uses shall not be located within
a one-thousand-foot radius of any school, church, synagogue or other
place of religious worship, park, playground or playing field.
(4)
Not more than one of the above uses shall be
located on any lot.
A.
By amortization, the right to maintain any adult use
as a legal nonconforming use shall terminate in accordance with the
following schedule:
|
Dollar Amount of Capital Investment as
of the Effective Date of This Article
|
Date Before Which Use Shall Terminate
|
|---|---|
|
$0 to $8,000
|
September 1, 1995
|
|
$8,001 to $13,000
|
September 1, 1996
|
|
$13,001 to $24,000
|
September 1, 1997
|
|
$24,001 to $35,000
|
September 1, 1998
|
|
$35,001 or more
|
September 1, 1999
|
B.
The term "capital investment," as used above, is defined
to mean the initial outlay by the owner or operator of the use to
establish the business as of the effective date of this article, exclusive
of the fair market value of the structure in which the use is located.
C.
If any two or more adult uses lawfully existing upon
the effective date of this article shall become legally nonconforming
by the sole basis of their distance from each other, then the adult
use that has been in lawful existence for the longer or longest period
of time shall be permitted to remain, and such other lawfully existing
adult use(s) shall be subject to amortization as provided herein.
