Town of Riverhead, NY Article XXVIII Adult Uses [1]

[Added 8-3-1999 by L.L. No. 9-1999]

[1] Editor's Note: Original Art. XXVIII, Office/Service District, of the 1976 Code, added 6-4-1985, as amended, was repealed 5-17-2005 by L.L. No. 14-2005.

§ 301-135 Uses allowable as special exception; findings; intent.

A. Adult uses shall be allowable in any industrial district, except the Light Industrial District, only as a special permit by the Town Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).

B. Purposes and considerations.

(1) 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.

(2) 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 Riverhead.

(3) These special regulations are itemized in the article to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.[2]

[2] Editor's Note: Original § 108-223 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage.

§ 301-136 Restriction on location of adult uses.

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.

§ 301-137 Conditions for waiver of restrictions.

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.

§ 301-138 Number of adult uses restricted.

No more than one of the adult uses as defined in § 301-3 shall be located on any lot.

§ 301-139 Termination of legal nonconforming uses.

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