Village of Castleton-on-Hudson, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Castleton-on-Hudson 9-12-2005 by L.L. No. 2-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
A. 
In the execution of this chapter 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 Village of Castleton-on-Hudson.
C. 
These special regulations are itemized in this section 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 chapter, the following terms shall have the meanings indicated.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN THEATER
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.
ADULT ENTERTAINMENT CABARET
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.
ADULT MOTEL
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.
ADULT THEATER
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.
MASSAGE ESTABLISHMENT
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.
PEEP SHOWS
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.
The adult uses as defined in § 77-2 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 five-hundred-foot radius of any area zoned for residential use.
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, cemetery, playground or playing field.
The restrictions enumerated in § 77-3 above may be waived by the Village 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. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter 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
C. 
That 51% or more of the property owners within the restricted area as defined in § 77-3A 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 above 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 Investment as of the Effective Date of this Chapter
Date Before Which Use Shall terminate
0 to 5,000
January 1,2006
5,001 to 8,000
January 1,2007
8,001 to 15,000
January 1, 2008
15,001 to 22,000
January 1,2009
22,001 or more
January 1, 2010
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 chapter, exclusive of the fair market value of the structure in which the use is located.
A violation of this chapter shall be punishable as provided in Ch. 1, General Provisions, Art. I, General Penalties.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).