[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.
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.
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.
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
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.
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