X-Business Districts may be established in the Town of Wilna
and designated at specific locations on the Zoning Map. The purpose
for such districts is to ensure that adult entertainment uses which,
because of their very nature, have serious objectionable operational
characteristics, are regulated to protect the health, welfare and
well-being of the residents of the Town of Wilna. It is in the best
interest of the Town to prevent proliferation of such uses and to
ensure that there will be no adverse influence on surrounding neighborhoods.
Following is a list of the general requirements and standards
that a proposal must meet to be considered for X-Business District
status:
A.
Application for establishment of an X-B District shall be made to
the Town Board by the owner(s), or a duly authorized agent, of property
to be included in the district.
B.
The Town Board shall refer such application to the Planning Board
for consideration within seven working days of receipt of such an
application.
D.
After the Planning Board's review process is complete, they
shall transmit their recommendation for approval, approval with modifications
or disapproval to the Town Board within 10 days.
E.
The Town Board shall review the Planning Board recommendations and,
within 45 days of receipt of the recommendations following public
notice, shall hold a public hearing on the rezoning. The Town Board
shall approve, approve with modifications or deny the rezoning after
the public hearing and shall notify the Planning Board of their final
action.
F.
The applicant(s) shall submit a final detailed district plan to the Planning Board in conformance with Article VIII, § 250-52B. If a final detailed district plan for an approved X-B District, with any modifications incorporated by the Town Board, is not submitted to the Planning Board within six months of the Town Board's rezoning approval, the Planning Board may request that the Town Board require a resubmission of the preliminary district plan for review and that the rezoning and approval actions by both Boards be repealed.
G.
The Planning Board shall review the final district plan for its conformity
with the approved X-B District. The permitted development must be
confined to the specific designated area as the approved rezoning.
H.
Upon approval by the Planning Board, the Town Clerk shall be notified
to proceed with the filing of all amendments for the rezoning with
the Department of State. The Zoning Map shall be amended to show the
change and an article shall be added to this text stating the requirements
approved for that specific district. Each X-B District shall be numbered
consecutively as part of its name. The amendments to this chapter
shall become effective immediately upon filing with the Department
of State.
I.
In order to exceed any of the above time frames for adoption of an
X-B District, there must be agreement by both the applicant and the
Town Board.
J.
An X-B District that is in effect shall only be expanded if in compliance
with original permits granted. Expansion requiring new permits shall
undergo the review process again.