A.
Authorization. The Planning Board is hereby empowered and authorized
to review and approve, approve with modifications and/or conditions,
or disapprove special use permit applications as provided in this
chapter pursuant to New York State Town Law § 274-b.
B.
Purpose. The special use permit approval process seeks to ensure
that identified special permitted uses are established in a manner
that is appropriate and compatible to a site, adjoining properties,
the neighborhood, and zoning district. These uses may be permitted
if an applicant can demonstrate adherence to the specific regulations
contained herein and provide adequate protection to the site, adjoining
properties, the neighborhood, and zoning district.
C.
Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by any of the enforcement officials designated by § 500-83 until such special use permit has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no permanent certificate of occupancy shall be issued until all of the requirements of this chapter and any conditions of special use permit approval have been complied with. Where site plan review is also required by this chapter, site plan review shall be conducted contemporaneously with the review of the special use permit application. No authorization is granted for a waiver of the requirement to obtain a special use permit, and no authorization is granted to separate the review of the special use permit from the review of the site plan.
D.
Violations. Upon written report or receipt of a notice of violation
or an order to cease and desist from the enforcement official for
a violation of this chapter, the Planning Board shall not review,
hold public meetings or public hearings, and shall take no action
regarding an application for special use permit approval until notified
by the enforcement official that such violation has been cured or
ceased by the applicant. However, the Board may, upon recommendation
of the enforcement official, review and act on an application involving
property for which there is a violation where such application is
a plan to cure the violation and bring the property or use of the
property into compliance with this chapter.
E.
Noncomplying uses deemed prohibited. Any use which is unable to meet
the performance standards required in this article, as determined
by the Planning Board, shall be deemed a prohibited use, and a special
use permit shall be denied by said Board.
F.
Property owners to make application. All applications for special
use permits shall be executed by the owner of the subject property
authorizing the application and agreeing to be bound by the decision
of the Board.
G.
Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by Article XI of this chapter. Incomplete applications may be rejected by the enforcement official, its clerks or designees, or the Planning Board. Complete applications shall include:
(1)
Plot plan. An application for a special use permit shall be accompanied
by a plot plan for the proposed development of a site for a special
use permit. Such plan shall show the location of all buildings, parking
areas, traffic access and circulation drives, open spaces, landscaping
and any other pertinent information that may be necessary to determine
if the proposed special use meets with the requirements of this chapter.
(2)
Architectural elevations. An application for a special use permit
shall be accompanied by elevation drawings depicting proposed buildings.
Where buildings already exist on the site, attention to depicting
how new construction shall aesthetically blend with existing construction
shall be required.
(3)
Survey map of the property. An application for a special use permit
shall be accompanied by an instrument survey map of the subject property.
(4)
Electronic copy. An application for a special use permit shall be
accompanied by an electronic copy of the application and attachments
upon the request of the enforcement official in acceptable format.
(5)
SEQR forms. An application for a special use permit shall be accompanied
by such forms and information necessary to comply with SEQR.
(6)
Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board by Town Board resolution. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to Chapter 266. Except for surplus escrow fees, all application fees are non-refundable.
(7)
Additional information. Where the Planning Board requests additional
information, the application will be deemed incomplete until such
information is supplied. Should the applicant fail to supply such
information, the Planning Board may deny the application or deem it
incomplete and abandoned by the applicant.
H.
Public hearing. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of said hearing shall comply with the provisions of § 500-86.
I.
Time of decision. The Planning Board shall decide the special use
permit application within 62 days after the close of the public hearing,
subject to compliance with the requirements of SEQRA and General Municipal
Law §§ 239-l and 239-m. In rendering its decision,
the Board shall approve, disapprove or approve with modifications
and conditions the special use permit application. The time within
which the Board must render its decision may be extended by mutual
consent of the applicant and the Board. The decision of the Board
shall be filed in the office of the Town Clerk within five business
days of the date such decision is rendered and a copy thereof shall
be mailed to the applicant. Failure of the authorized board to act
within 62 days shall be deemed a denial of the application.
J.
Modifications to special use permits. No expansion or modification
of a use or its operation that is the subject of a special permit
shall be permitted, except through the same process as required for
initial approval of the special permit.
K.
Relationship to variances. When necessary, the simultaneous review
of a special use permit with an area variance for the same proposed
development shall be coordinated among the appropriate reviewing boards.
L.
Waivers compared to variances. Variances involving special use permits
[Town Law § 274-b(3)] and waivers involving the review of
special use permits [Town Law § 274-b(5)] serve distinct
functions. Variances, under Town Law § 274-b(3), address
the Zoning Board's power to grant area variances from area requirements
associated with special use permits. Waivers, under Town Law § 274-b(5),
on the other hand, deal with an authorized board's authorization to
waive special use permit requirements. In contrast to a Zoning Board's
unconditional grant of authority under § 274-b(3) to entertain
area variance applications associated with special uses, an authorized
board's power under § 274-b(5) to waive special use requirements
must derive from further empowerment by the Town Board. Area variances
only involve specific quantitative zoning requirements, such as setbacks,
building heights, road frontage requirements, lot dimensions, etc.
Special use permit standards which are qualitative, such as adequate
landscaping, sufficient accommodation for pedestrian traffic, retention
of significant natural features or similar types of local standards,
are not subject to variance proceedings.
M.
Scope of waiver empowerment to the Planning Board.
(1)
The Town grants and empowers the Planning Board the authority to
waive the following requirements of the special use permit process
only:
(a)
One or more of the qualitative standards found in Subsection
R of this section, Standards for special use permits, which the Planning
Board finds are inapplicable to a particular application.
N.
Criteria for allowing special use permits.
(1)
General provisions. Special use permits are hereby declared to possess
characteristics which require that each specific use shall be considered
on an individual basis. Any use for which a special use permit is
granted by the Planning Board shall be deemed a use permitted in the
district in which located, except that for any additional use or enlargement
of such use, a separate special use permit shall be required for each
addition or enlargement. The proposed special use must meet all the
conditions of that use, including basic use regulations specified
in this chapter and as the Planning Board may apply to any approval.
In the case of a use existing prior to the effective date of this
chapter and classified in this chapter as a special use permit, any
change in use or in lot area or an alteration of structure shall conform
to the requirements dealing with special use permits.
(2)
Conditions; additional considerations. In permitting a special use
permit or the modification of a special use permit, the Planning Board
may impose, in addition to those standards and requirements expressly
specified by this chapter, any additional conditions which the Board
considers necessary to protect the best interests of the site, the
surrounding property, the neighborhood, the zoning district or the
Town as a whole. These conditions may include, by way of example and
without limitation, modifying the required lot size or yard dimensions;
limiting the height of buildings; controlling the location and number,
spacing or location of vehicle access points; increasing the street
width; increasing the number of off-street parking and loading areas
required; limiting the number, size and location of signs; and requiring
diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
(3)
A special use permit may be issued as:
(a)
Permanent, except where the permitted use is discontinued for
any reason for a period of one year or more.
(b)
Temporary, to cease on a specified date and not to be renewable.
(c)
Renewable within a specified period of time, set by the Planning
Board.
(d)
A special use permit may be revoked by the Planning Board if
the conditions of the special use permit are violated.
(e)
Any violation of the conditions of a special use permit or a
violation of any applicable performance criteria of this article shall
be deemed a violation of this chapter and shall be subject to enforcement
action as provided herein.
(f)
All special use permits shall run with the land and will be
transferred to the successive property owners, provided the permit
has not expired and is not revoked for failure to meet the permit
conditions.
(g)
Upon issuance of a special use permit, the applicant shall have
one year within which to commence construction of the special use.
If said period passes without commencement, the special use permit
shall be deemed null and void.
(h)
Renewable special use permits whereupon construction has commenced
and substantial investment has been made shall be deemed permanent.
(4)
Basis for deliberation; general provisions. Before issuing a special
use permit, the Planning Board shall take into consideration the public
health, safety and welfare and shall assure itself of the following:
(a)
That such use will be in harmony with the orderly development
of the district and the location, nature and height of buildings,
walls, fences, parking areas and other improvements will not discourage
the appropriate development, use and enjoyment of adjacent lands.
(b)
That all structures, equipment and materials shall be reasonably
accessible for fire and police protection.
(c)
That the use meets the prescribed requirements for the district
in which located, including minimum yard requirements for the district
in which located or as further specified in this section and including
maximum height, required off-street parking and sign regulations.
(d)
That the use is listed as a permitted special use in the appropriate
zoning district.
(e)
General codes compliance. That the proposed use or structure
shall comply with the applicable intent and regulations of this chapter,
including the specific zone district in which it is located, and to
any other applicable Town, county, state or federal regulations.
(f)
The proposed use shall be consistent with the predominant character
of the existing built environment or natural landscape in the neighborhood.
(g)
Consistency with the current adopted Comprehensive Plan goals,
objectives and policy statements. The Planning Board shall determine
that the proposed special use permit and related land use is consistent
with the officially adopted statements in the Town of Chili Comprehensive
Plan.
O.
Standards for special use permits. In granting any special use permit,
the Planning Board shall take into consideration the public health,
safety and general welfare of the Town, and the comfort and convenience
of the public in general, in the Town and of the immediate neighborhood
in particular. The Board may require modifications and/or conditions
of approval to an application. Before making a decision on whether
to approve, approve with modifications, or disapprove a special use
permit, the Board shall give specific consideration to the following
standards:
(1)
Preserving and protecting existing development. The location and
height of buildings; the location, nature and height of walls and
fences; and the nature and extent of landscaping on the site shall
be such that the use will not hinder or discourage the appropriate
development, use and enjoyment of adjacent land and buildings or impair
the value thereof. Where proposed commercial development adjoins residentially
zoned or developed lands, special attention will be required to screen
and preserve the residential viewshed.
(2)
Drainage and stormwater. The proposed use shall be designed to avoid
flooding, property damage from flooding and nuisance flooding on the
site or other properties.
(3)
Traffic access. All proposed traffic access ways shall be adequate
but not excessive in number; shall be adequate in width, grade and
alignment and visibility; shall be sufficiently separated from street
intersections and other places of public assembly; and shall meet
other similar safety considerations.
(4)
Parking. Adequate off-street parking and loading spaces shall be
provided in accordance with the off-street parking and loading requirements
of this chapter and the Americans with Disabilities Act.[1] Provision shall be made for adequate snow storage outside
of parking areas.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5)
Circulation. The interior circulation system shall be adequate to
provide safe accessibility to all required off-street parking, and
to provide for the convenience and safety of vehicular, pedestrian,
and bicycle movement within the site and in relation to adjacent areas
or roads.
(6)
Landscaping and screening. All parking, HVAC, dumpsters, and service
areas shall be reasonably screened during all seasons of the year
from the view of adjacent residential lots and streets, and the general
landscaping of the site should be in character with that generally
prevailing in the neighborhood. Existing trees 12 inches or more in
diameter at chest height should be preserved to the maximum extent
practical.
(7)
Character and appearance. The character and appearance of the proposed
use, buildings, structures, outdoor signs, and lighting shall be in
general harmony with the character and appearance of the surrounding
neighborhood, and shall not adversely affect the general welfare of
the inhabitants of the Town.
(8)
Lighting and glare. Lighting shall be dark sky compliant. No direct
or reflective glare from any lighting or process shall be permitted
where such will interfere with traffic safety or the useful enjoyment
of adjoining properties.
(9)
Historic and natural resources. The proposed use shall be designed
and should be carried out in a manner that minimizes impacts to protect
historic and natural environmental features on the site under and
in adjacent areas.
(10)
Sewage treatment and water supply. The adequacy of available
sewage disposal and water supply services supporting the proposed
activity or use shall be sufficient to meet the needs of the proposed
activity or use. This consideration should be given to both, including,
but not limited to, the suitability of water supply and sanitary sewage
facilities to accommodate the intended use, and the adequacy of measures
to protect surface water and groundwater from pollution.
(11)
Discharge of water. No polluting or objectionable waste shall
be discharged into any stream or other natural drainage channel or
upon the land that will in any way interfere with the quality, operation
or continuation of these natural systems or contribute to their despoliation.
(12)
Emergency services. All proposed buildings, structures, equipment,
and/or material shall be readily accessible for fire, police, and
other emergency service protection.
(13)
Fire and explosion hazards. All activities involving the storage
of flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion. Methods of
prevention and suppression of these hazards shall be approved by the
local officials responsible for fire prevention and public safety.
(14)
Nuisances and objectionable conditions. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, radioactivity, pollution, fumes, vibration, odors, smoke, erosion or lighting than would the operations of a permitted use. The proposed use shall comply with the requirements of this chapter, including without limitation, the prohibition against objectionable conditions at § 500-61.
(15)
Size and scale. The location and size of the proposed use, the
nature and intensity of operations involved in or conducted in connection
therewith, and the size of the site in relation to the use, its site
layout and its relation to existing and future access streets should
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to, or incongruous with, or conflict with
the normal traffic of the neighborhood.
(16)
Additional safeguards and conditions. The Planning Board shall
impose additional conditions and safeguards upon the special use permit
as may be reasonably necessary to assure continual conformance to
all applicable standards and requirements, including temporary limitations,
restrictions on hours of operation and reasonable assurances that
these standards and requirements conditions and safeguards can be
responsibly monitored and enforced. Where certain special use permits
enumerated in this article have their own specified standards, the
most restrictive standards shall apply.
P.
Criteria for revocation of special use permits after notice of violation.
(1)
The owner of the premises subject to the special use permit shall
be afforded a public hearing, upon 10 days notice, before the original
approving board to determine whether or not the special use permit
heretofore issued has been violated.
(2)
The owner of said property shall be advised, in writing, of the factual
allegations which constitute a violation of the terms of the special
use permit or of the conditions upon which the special use permit
was issued.
(3)
The owner of the property shall have the opportunity to appear, with
or without counsel, and present witnesses and evidence on his or her
behalf.
(4)
The enforcement official or his or her designee shall present the
facts and evidence upon which the allegations of the special use permit
are based. The enforcement official may prepare and present such information
with assistance of the attorney for the Town.
(5)
The original approving Board, within 62 days after the close of the
public hearing, shall issue a written decision, which must be adopted
by a majority of the Board, as constituted.
(6)
The decision of the original approving Board must be in writing and
state whether or not the terms of the special use permit were violated;
and whether or not the conditions upon which the special use permit
were violated and, in the event of a violation, issue an order revoking
the special use permit on a temporary or permanent basis or issue
an order effectuating such other remedy that may be appropriate under
the circumstances as determined in the discretion of the original
approving Board.
A.
Purpose and intent.
(1)
It is the purpose and intent of this section to provide for the regulation
of licensed massage therapists, massage practitioners and massage
establishments in the interests of the health, safety and general
welfare of the people within the Town of Chili and the visitors thereto.
(2)
The Town Board of the Town of Chili further recognizes that, unless
properly regulated, the unlicensed or unauthorized practice of massage
therapy and the operation of massage businesses may be associated
with unlawful activity and pose a threat to the quality of life in
the local community. Accordingly, it is the purpose and intent of
this section to protect the public health, safety, and welfare by
providing for the orderly regulation of businesses providing massage
therapy services, discouraging prostitution and any other illegal
activities carried on under the guise of massage therapy, acupressure,
body rubs or other body-to-body contact, and establishing certain
sanitation, health, and operational standards for massage businesses.
(3)
Furthermore, it is the purpose and intent of this section to address
the negative impacts identified in the Town's findings at the time
of adoption of this section to reduce or prevent neighborhood blight
and to protect and preserve the quality of the neighborhoods, commercial
districts and to enhance enforcement of criminal statutes relating
to the conduct of operators and employees of nonlicensed businesses
engaged in massage.
(4)
It is the Town's further purpose and intent to rely upon the uniform
statewide regulations applicable to licensed massage practitioners,
to regulate the commercial practice of massage in the Town to those
persons duly certified to practice by the requirements of Article
155 of the Education Law of New York State, and to provide for the
registration and regulation of all massage businesses operating within
the Town of Chili for health and safety purposes to the extent allowed
by law.
B.
Licensing requirements.
(1)
Except as otherwise provided in § 500-30F, Exemptions, it shall be unlawful for any individual to practice massage, massage therapy or body work for compensation as a sole proprietorship, or operator, owner or employee of a massage establishment, or in any other capacity within the Town, unless that individual is duly licensed pursuant to Article 155 (Massage Therapy) and/or Article 160 (Acupuncture) of the New York State Education Law.
(2)
Massage establishments shall maintain on the premises, in a conspicuous
location viewable by the public, the New York State Department of
Education license held by all massage therapists, massage practitioners
and all persons providing massage therapy at that business or establishment.
C.
Permitting requirements.
(1)
Special permit. All (exempt and nonexempt) massage establishments
shall obtain a special permit in accordance with this section.
(2)
Massage business registration permit. All massage establishments
shall obtain an annual massage business registration permit and pay
a massage business registration fee sufficient to cover registration
costs, in accordance with the Fee Schedule established by the Town
Board. The registration application for a massage business registration
permit shall include all of the following:
(a)
Legal name of the massage business.
(b)
Address and telephone number of the massage business establishment.
(c)
Legal names, residential street addresses and telephone numbers
of all owners of the massage business.
(d)
A list of all of the massage business's employees and independent
contractors who are performing massage and their license pursuant
to Article 155 and/or Article 160 of the New York State Education
Law.
(e)
Business address and telephone number of all owners of the massage
business.
(f)
The form of business under which the massage business will be
operating (i.e., corporation, general or limited partnership, limited
liability company, or other form).
(g)
Each owner or operator of the massage business who is not a
New York State licensed massage practitioner shall submit an application
for a background check, including the following: the individual's
business, occupation, and employment history for the five years preceding
the date of the application; the inclusive dates of such employment
history; the name and address of any massage business or similar business
owned or operated by the individual whether inside or outside the
Town.
(h)
For all owners, a valid and current driver's license and/or
valid identification issued by a state or the United States Government.
(i)
For all owners, a signed statement that all of the information
contained in the application is true and correct; that all owners
shall be responsible for the conduct of all of its employees, agents,
independent contractors or other representatives, while on the premises
of the business or establishment or providing massage therapy and
acknowledging that failure to comply with the New York State Education
Law, any local, state, or federal law, or the provisions of this section
may result in revocation of the business's registration permit.
(3)
Issuance. Before issuance of the massage business registration permit,
the foregoing documentation shall be reviewed and approved by the
Building Department Manager or his designee. Business registration
shall be valid from the date of issuance and shall automatically expire
on December 31 of the calendar year in which it was issued. No permit
shall be granted to any owner, operator, establishment or person if
that owner, operator, establishment, co-owners, employees, independent
contractor, lessee or person has previously had a permit revoked by
the Town of Chili.
(4)
Modifications. If at any time the content of the registration application
for which a permit has been issued shall change, a new registration
application shall be required pursuant to this section and a new fee
shall be paid.
(5)
Renewal. A massage business shall apply to the Town to renew its
business permit at least 30 calendar days prior to the expiration
of said business registration. Failure to renew a business permit
shall be grounds for the Town to revoke any business permit.
(6)
Revocation. A massage business establishment's registration may be
revoked for violations of the Code of the Town of Chili, any governing
law of the County of Monroe, State of New York or federal statute.
D.
Enforcement; compliance.
(1)
Penalties for violation of any provision of this section shall be as set forth in § 500-92. Notwithstanding anything to the contrary contained in that section, any person subject to this section who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive.
(2)
The Town Code Enforcement Officer may, upon evidence of a violation
or violations of this section:
(a)
Order the massage establishment closed until such time as the
Town Code Enforcement Officer determines that such establishment is
operating, or will be operated, in accordance with this section; and/or
(b)
Suspend or revoke any previously issued permit(s) of occupancy,
permit(s) of compliance, special use permit or massage business registration
permit.
(3)
Any such order of closing, suspension, or revocation issued by the Town Code Enforcement Officer pursuant to Subsection A shall be in writing on a form prescribed by the Town Code Enforcement Officer and shall state the reason for the closing, suspension or revocation, together with the date of issuance. Such order of closure, suspension, or revocation shall bear the signature of a Code Enforcement Officer or code enforcement personnel, and shall be prominently posted at the site. The posting of an order of closure, suspension or revocation shall be deemed sufficient notice to close, suspend, or revoke all rights to engage in any business activities at such establishment. Any order of closure, suspension or revocation issued pursuant to Subsection A shall be stayed until the expiration of 15 days after such order is posted. If proof of compliance with this section satisfactory to the Town Code Enforcement Officer is presented to said officer within said 15 days, such order of closure, suspension or revocation shall be vacated.
(4)
Nothing in this section shall prevent any other enforcement or penalty
options available pursuant to this section or any other chapter of
the Code of the Town of Chili, or otherwise authorized by or under
state law.
E.
Notifications.
(1)
A massage business registration permit holder is required to immediately
report, in writing to the Town of Chili Code Enforcement any of the
following:
(a)
Arrests of any owner, operator, establishment or person if that
owner, operator, establishment, co-owners, employees, independent
contractor, lessee or person of the registrant's massage business
for an offense other than violation-level offenses.
(b)
Resignations, terminations, or transfers of practitioners employed
by the registrant's massage business.
(c)
The occurrence of any event involving the registrant's massage
business or the massage practitioners employed therein that constitutes
a violation of this section or state or federal laws.
(d)
Failure to notify for any of the above shall constitute grounds
for revocation of the business permit.
F.
Exemptions. Any individual, or business, licensed to practice medicine,
nursing, osteopathy, physiotherapy, chiropractic, or podiatry in accordance
with § 7805 of Article 155 of the New York State Education
Law is exempt from the provisions of this section, in the customary
practice of their profession(s). The burden of proof in establishing
such exemption shall at all times be upon the applicant. Any offerings
of massage, as an ancillary or additional use, shall not be exempt
from the provisions of this section.
G.
Health and safety requirements. The following health and safety requirements
shall be applicable to all massage establishments within the Town
of Chili:
(1)
The Town business permit(s) as well as the New York State license
of each and every massage practitioner engaged in the practice of
massage therapy shall be displayed in the reception area or similar
open public place on the premises during working hours and at all
times when the massage practitioner is inside a massage establishment
or providing outcall massage.
(2)
Massage shall be provided or given only between the hours of 7:00
a.m. and 9:00 p.m. No massage business shall be open and no massage
shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced
prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and,
in the case of a massage business, all clients shall exit the premises
at that time. It is the obligation of the massage business to inform
clients of the requirement that services must cease at 9:00 p.m. Off-premises,
in-home massage hours shall be at the discretion of the client.
(3)
A list of the services available and the cost of such services shall
be posted in the reception area within the massage premises. Outcall
service providers shall provide such a list to clients in advance
of performing any service. No owner, operator, establishment, co-owners,
employees, independent operator, lessee or person shall permit, and
no massage practitioner shall offer or perform, any service other
than those posted or listed as required herein, nor shall an operator
or a massage practitioner request or charge a fee for service other
than that on the list of services.
(4)
All massage establishments, including but not limited to owners,
operators, co-owners, employees, independent operator, lessee or person,
massage practitioners, and those engaged in acupressure or acupuncture,
shall wear clean, nontransparent outer garments. Said garments shall
not expose their genitals, pubic areas, buttocks, or chest, and shall
not be worn in such manner as to expose the genitals, pubic areas,
buttocks, or chest.
(5)
No massage establishment shall operate as a sexual encounter center or sexually oriented business as defined in § 500-101 of the Code of the Town of Chili.
(6)
All signs shall be in conformance with the current Sign Code of the
Town of Chili.
(7)
Any massage practitioner and/or massage establishment shall operate
only under the name specified in his or her massage business registration
permit and New York State license.
H.
Inspection by government officials.
(1)
All exempt and/or nonexempt massage establishments, and all massage
establishments described in this section, shall permit representatives
of the Town of Chili Code Enforcement Office and Fire Marshal, to
conduct reasonable inspections of the public areas of and areas otherwise
open to plain view on or within the premises, to the extent allowed
by law and during the regular business hours of the business or establishment,
for the purpose of ensuring compliance with state and local law, including,
but not limited to, the requirements of this section, or other applicable
fire and health and safety requirements.
(2)
All massage therapists and massage practitioners shall provide their
full, legal name used, date of birth, valid government photo identification
(driver's license, nondriver identification, passport), including
present residence address, and telephone number. Such identification
and information shall be provided as required by the Building Department
Manager or his designee, necessary to confirm the identity of those
claiming to hold a valid NYSED permit.
(3)
Nothing in this section shall be deemed to prohibit the above-described
government officials from pursuing any and all available legal remedies
to secure entry into and inspection of the premises of the business
or establishment if such entry is refused, or for any other reason
allowed by law.
(4)
It is a violation of this section for the business or establishment
to prohibit or interfere with such lawful inspection of the premises
at any time it is open for business.
The Town Planning Board may approve a special use permit for an adult use entertainment establishment as first provided for in § 500-21C(4) of the Town Code, provided that the following standards are maintained:
A.
All adult uses shall be conducted in an enclosed building.
B.
Regardless of the building location or distance, no one who is passing
by an enclosed building having a use governed by the provisions of
this chapter shall be able to visually see any specified anatomical
area or any specified sexual activity by virtue of any display which
depicts or shows said area or activity. This requirement shall apply
to any display, decoration, sign, window or other opening.
C.
No building shall be painted in garish colors or such other fashion
as will effectuate the same purpose as a sign without the Planning
Board's approval.
D.
No loudspeakers or sound equipment shall be used as part of an adult
use entertainment establishment that can be discerned by the public
from public and/or semipublic areas.
E.
Parking of registered vehicles on the site shall be permitted only
during the hours of operation.
F.
No dwelling unit shall be allowed as part of any adult use entertainment
establishment.
The Town Planning Board may approve a conditional (or special)
use permit for a motorized recreational vehicle outdoor off-road track,
provided that the following criteria are met and maintained:
A.
The applicant shall submit a site plan, prepared in accordance with the provisions of Article V of this chapter, of the property where the motorized recreational vehicle outdoor off-road track is to be located.
B.
The applicant shall submit a written statement which sets forth the
details of the motorized recreational vehicle off-road track.
C.
The minimum lot size for a motorized recreational vehicle off-road
track shall be 50 acres, which shall be exclusive of any other portion
of the site.
D.
No portion of a motorized recreational vehicle off-road track shall
be located closer than 100 feet to a property line.
E.
No portion of a motorized recreational vehicle off-road track shall be allowed where the noise level exceeds the noise levels described in Chapter 352, Noise, of the Code of the Town of Chili.
F.
No motorized recreational vehicle off-road track shall be allowed
to operate before 9:00 a.m. or after 7:00 p.m., prevailing time, or
sunset, whichever shall first occur. On Sunday, the hours of operation
shall be limited to 11:00 a.m. to 7:00 p.m., prevailing time, or sunset,
whichever shall first occur.
G.
Access shall be provided for emergency vehicles to all portions of
the motorized recreational vehicle off-road track by an approved route
shown on the site plan.
H.
There shall be no lighting permitted of a motorized recreational
vehicle outdoor off-road track that does not meet the Town lighting
standards contained elsewhere in this chapter.
I.
Any alteration of the land shall be clearly shown on the site plan.
Upon termination of the track, the land shall be returned to its previous
condition within six months. A performance bond, in an amount specified
by the Town Engineer and in a format acceptable to the Town Board
to permit the reclamation of the land, shall be filed with the Town.
J.
A forty-foot-wide densely planted landscape buffer strip shall be
provided along any portion of the property that is adjacent to a residential
site or public highway.
K.
Not more than two motorized vehicles may operate on an outdoor track
at any one time.
