Within the O&W Rail Trail Overlay District (as defined on
the Zoning Map), no disturbance of existing vegetation shall be permitted
within 200 feet of the center line of the rail trail in order to provide
a vegetative buffer along the linear park.
Adult-oriented business shall be permitted as special uses subject
to the following standards:
A. Overlay zoning district boundary. Shall consist of the following
Tax Map parcels: Tax Map Parcels 25-1-11; 25-1-13; 29-1-3; 6-1-7;
6-1-8; 6-1-9.1; 6-1-9.2; 6-1-11; and 6-1-14.
B. Separation from other uses. Because adult-oriented businesses can
lend themselves to ancillary unlawful and unhealthy activities, they
shall also be separated from other uses that could be severely impacted
by their presence or that, in combination with the adult-oriented
business, accentuate the negative impacts on the area. Adult-oriented
businesses therefore shall not be located within 300 feet of any residence,
residential facility, institution, health facility, child-care center,
church, synagogue, school, public or semipublic use, park or recreation
facility, cemetery, or any other establishment which sells alcoholic
beverages. This distance shall be measured in a straight line, without
regard to intervening obstacles, from the nearest portion of the structure
incorporating any aspect of the adult-oriented business to the nearest
property line of the premises incorporating any of the above-listed
uses.
C. Sale of alcoholic beverages shall not be permitted at an adult-oriented
business.
D. No exterior display or interior display which is visible from outside
the business shall be made to identify or portray the type of activity
which occurs at an adult-oriented business excepting for one approved
ground sign not to exceed a surface area of 36 square feet for both
sides combined. Such sign shall be subject to all other limitations
applicable to signs. It shall not incorporate any obscene material
but shall otherwise be unlimited as to message.
E. No nonconforming building or lot shall be used for an adult-oriented
business. No other existing building, lot or use shall be added to,
enlarged, expanded in size or program or converted for purposes of
conducting an adult-oriented business unless application to do so
has been made pursuant to this section and Planning Board approval.
F. Because they are known to encourage prostitution, increase sexual
assaults and attract criminal activity, the following activities shall
not be permitted in any adult-oriented business or any other public
place within the Town of Fallsburg:
(1)
Public appearance by a person knowingly or intentionally engaged
in sexual intercourse, deviate sexual conduct or the fondling of the
genitals of him or herself or another person.
(2)
The knowing and intentional public appearance of a person in
a state of nudity. "Nudity" means the showing of the human male or
female genitals, pubic area, or buttocks with less than a fully opaque
covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
G. No loudspeaker or similar audio equipment used to describe or discuss
specified anatomical areas or specified sexual activities shall be
audible beyond the exterior of the structure in which it is located.