The adult uses as defined §
301-3 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 five-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 with a five-hundred-foot
radius of any school, church or other place of religious worship,
park, playground or playing field.
The restrictions enumerated in §
301-136 above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
A. The proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and interest of this article
will be observed;
B. 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
C. Fifty-one percent or more of the property owners within the restricted area as defined in §
301-136 have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
No more than one of the adult uses as defined in §
301-3 shall be located on any lot.
By amortization, the right to maintain a legal nonconforming
adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment1 as of the Effective Date of this Article
|
Date Before Which Use Shall Terminate
|
---|
0 to 5,000
|
January 1, 2000
|
5,001 to 8,000
|
January 1, 2001
|
8,001 to 15,000
|
January 1, 2002
|
15,001 to 22,000
|
January 1, 2003
|
22,001 or more
|
January 1, 2004
|