[Amended 12-5-2006 by L.L. No. 18-2006]
Notwithstanding any other provision of this Part 2 or any provision of the Code of the Town of Clarkstown, no permit shall be issued for the establishment or substantial enlargement of an adult bookstore, adult motion-picture theater or adult dancing establishment within 1,000 feet of another such establishment, within 1,000 feet of any preexisting religious institution or school, within 1,000 feet of an area zoned for residential use within the Town of Clarkstown, or within 500 feet of a commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption. "Substantial enlargement" shall mean increasing the size of the licensed premises by more than 10% of the original licensed premises. The above distance requirements shall be considered locational rather than zoning requirements.
Before an adult entertainment establishment is approved, the Commission for Adult Entertainment shall determine that the creation of the use is in the public interest and, in making this determination, shall be satisfied that:
A. 
The location, size, operating and other characteristics of the proposed establishment shall be compatible with and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
B. 
No adult entertainment establishment shall be allowed unless it complies with the distance requirements specified in § 290-76 or unless the Commission waives these distance requirements after finding that all appropriate regulations of this Part 2 will be observed, that the spirit and intent of this Part 2 will be observed and that the proposed use will not be contrary to the public interest or injurious to nearby properties.
For the purposes of this Part 2, distance measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest part of the portion of the building or structure used as an adult entertainment establishment to the nearest property line of the premises of a church, school, public park or public recreation area or to the nearest boundary of a residential zoning district.
A person owning or controlling an adult entertainment establishment which, on the effective date of this Part 2, does not comply with the distance requirements of § 290-76 shall be subject to the nonconforming use provisions contained in the zoning regulations of the Code of the Town of Clarkstown.[1]
[1]
Editor's Note: See Part 1 of this chapter.
In the event that an area is zoned residential for the first time or an area is rezoned for residential use and lies within 1,000 feet of an existing adult entertainment establishment, the adult entertainment establishment shall be considered an existing nonconforming use, as defined in § 290-71 hereof, from the effective date of the rezoning ordinance.