[Amended 2-28-1996 by L.L. No. 2-1996; 12-9-2015 by L.L. No. 9-2015; 6-1-2016 by L.L. No. 5-2016]
A.
Permitted uses. Any use permitted in a B-1 or B-2 District may be
permitted in an M District and, in addition, any of the following
uses:
B.
Accessory uses and structures: accessory uses and structures customarily restricted to the permitted uses enumerated above and as provided in Article VII of this chapter.
C.
The following adult uses shall be allowable in an M District:
(1)
Purposes and considerations.
(a)
In the execution of this Subsection C, 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 are of great concern to the Incorporated
Village of Mineola.
(2)
ADULT BOOKSTORE
ADULT DRIVE-IN-THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOW
Definitions. As used in this Subsection C, the following terms shall have the meanings indicated:
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 excludes 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 other 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 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 minors by reason of age.
(3)
The adult uses as defined in Subsection C(2) above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
(a)
Any of the above uses shall not be located within a two-hundred-foot
radius of any area zoned for residential use.
(b)
Any of the above uses shall not be located within a one-half-mile
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.
(4)
The restrictions enumerated in Subsection C(3) above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:
(a)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this Subsection C will be observed;
(b)
That the establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential; and
(5)
No more than one of the adult uses as defined above shall be located
on any lot.
(6)
By amortization, the right to maintain a legal nonconforming adult
use shall terminate in accordance with the following schedule:
|
Amount of Capital Investment as of the Effective Date
of L.L. No. 2-1996
|
Date Before Which Use Shall Terminate
| |
|---|---|---|
|
$0 to $10,000
|
June 1, 1994
| |
|
$10,001 to $25,000
|
June 1, 1995
| |
|
$25,001 to $50,000
|
June 1, 1996
| |
|
$50,001 to $100,000
|
June 1, 1997
| |
|
$100,001 or more
|
June 1, 1998
|
|
NOTE: 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 date of the enactment
of the local law, exclusive of the fair market value of the structure
in which the use is located.
|
D.
The following uses shall be allowable in an M District:
(1)
Purposes and considerations.
(a)
In the execution of this Subsection D, 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 are of great concern to the Incorporated
Village of Mineola.
(2)
HOOKAH BAR
VAPE SHOP
Definitions. As used in this Subsection D, the following terms shall have the meanings indicated:
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile");
including, but not limited to, establishments known variously as "hookah
bars," "hookah lounges" or "hookah cafes."
Any facility or location whose business operation, whether
as its primary u se or as an ancillary use, includes the smoking or
selling of electronic cigarettes (defined as a battery- or otherwise
electronically operated device, commonly sold at establishments known
commonly as "vape shops," which contains or utilizes one or more cartridges
or other containers filled with a combination of nicotine and liquid
or other substance(s) and liquid, or oil, that is turned into vapor
and inhaled by the user), vapors, e-liquids, marijuana derivatives
(defined as substances derived from marijuana including, but not limited
to, cannabidiol or CBD oil, which come from the cannabis plant), or
other substances that are smoked through an electronic cigarette or
any related product.
(3)
The uses as defined in Subsection D(2) above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
(a)
Any of the above uses shall not be located within a two-hundred-foot
radius of any area zoned for residential use.
(b)
Any of the above uses shall not be located within a one-half-mile
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.
(4)
The restrictions enumerated in Subsection D(3) above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:
(a)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this Subsection D will be observed; and
(b)
That the establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
(5)
No more than one of the uses as defined above shall be located on
any lot.
E.
In addition to the uses set forth in subsections A, B, C and D of this § 550-16, the following uses shall be allowable in an M District:
[Added 1-16-2019 by L.L.
No. 2-2019]
(1)
Purposes and considerations. The Village Board recognizes that several states have permitted the distribution of marijuana for recreational purposes. The Village Board recognizes that the legalization of marijuana in New York is the subject of current discussion and community forums organized by the state, and that both the New York State Governor and the New York State Commissioner of Health have recommended that the recreational use of marijuana be considered for legalization in New York. The Village Board is generally concerned that, despite any potential state regulation, marijuana may fall into the hands of those for whom it was not intended, such as children. For these reasons, the Board finds that it is important and prudent to assure that marijuana-related businesses are sufficiently distant from schools, parks, day-care centers, houses of worship and residential zones. This § 550-16E shall not be applicable to medical marijuana as defined in New York Public Health Law § 3360 made available to patients through a medical marijuana dispensary authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations. This § 550-16E only pertains to marijuana for recreational purposes.
(2)
MARIJUANA RETAIL STORE
Definitions. As used in this Subsection E, the following term shall have the meaning indicated:
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
(3)
The use as defined in Subsection E(2) above is to be restricted as to location in the following manner in addition to any other requirements of this Code:
(a)
The above use shall not be located within a two-hundred-foot
radius of any area zoned for residential use.
(b)
The above use shall not be located within a one-half-mile radius
of another such use.
(c)
The above use 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.
(4)
The restriction enumerated in Subsection E(3)(b) above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:
(a)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this Subsection E will be observed.
(b)
That the establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
(5)
No more than one of the uses as defined above shall be located on
any lot.
