[Effective 10-2-1993]
A.
In the execution of this article it is recognized that there are
some uses which, due to their very nature, have serious objectionable
characteristics. 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 Town of Hempstead.
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 and restricting their accessibility to minors.
As used in this article, the following 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 not open
to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A motel which is not 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 not 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 are not open to the public generally
but exclude any minor by reason of age.
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 not open to the public generally but
excludes any minor by reason of age.
Notwithstanding any provision of this article to the contrary,
the adult uses defined above shall be restricted as to location in
the following manner in addition to any other requirements of the
Building Zone Ordinance or Town Code:
A.
Any of the above uses shall not be located within a five-hundred-foot
radius of any residence district or any edu-cultural district.
B.
Any of the above uses shall not be located within a five-hundred-foot
radius of another such use.
C.
Any of the above uses shall not be located within a five-hundred-foot
radius of any school, church or other place of religious worship,
park, playground or playing field.
D.
Not more than one of the above uses shall be located on any lot.
E.
By amortization, the right to maintain any of the above uses 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
|
January 1, 1995
|
|
$8,001 to $13,000
|
January 1, 1996
|
|
$13,001 to $24,000
|
January 1, 1997
|
|
$24,001 to $35,000
|
January 1, 1998
|
|
$35,001 or more
|
January 1, 1999
|
F.
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.
G.
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.
