[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers
Falls 7-12-1995 as L.L. No. 1-1995. Amendments noted where applicable.]
A.
In the execution of this chapter, it is recognized that
there are some uses which, by their very nature, have serious objectionable
characteristics. The objectionable characteristics of these uses are increased
by their concentration in any one (1) 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 Wappingers Falls.
C.
The intent of this section is to provide adult entertainment
uses without compromising the character of the neighborhood.
D.
This will be achieved through lighting being reflected
away from abutting roadways and adjoining properties. Limiting these facilities
to large parcels of property will maintain the visual and aesthetic environment
as well as provide distance to protect neighbors from noise, obnoxious traffic,
lights, etc. 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.
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private establishment which presents topless dancers,
strippers, male or female impersonators, exotic dancers or other similar entertainment,
and which establishment is customarily not open to the public generally, but
excludes any minor by reason of age, and such presentation displays or causes
to be displayed by such entertainment the following parts of the human anatomy:
vagina, urethra, penis, testicles, rectum, mons veneris, labia majora, labia
minora, nipple, areola.
A.
The adult entertainment cabaret use, as defined in § 37-2 above, is to be restricted and regulated as to its location in the following manner, in addition to any other requirements of this Code, and the special requirements itemized in this section are to accomplish the primary purposes necessary to ensure any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and restricting their accessibility to minors:
(1)
The above use shall not be located within a five-hundred-foot
radius of any area zoned for residential use.
(2)
An adult entertainment cabaret shall not be located within
a one-half-mile radius of another such use.
(3)
An adult entertainment cabaret shall not be located within
a five-hundred-foot radius of any school, church or other place of religious
worship, park, playground, playing field or any place of business which regularly
has minors on the premises.
(4)
The adult entertainment cabaret use shall be subject
to site plan approval by the Planning Board.
(5)
Any lighting shall be arranged as to reflect the light
away from the adjoining properties and abutting roadways.
(6)
Maximum hours of operation shall be from 7:00 a.m. to
1:00 a.m.
(7)
A minimum lot size of one (1) acre is required.
(8)
All yard setbacks shall be at least fifty (50) feet.
(9)
No amplifiers or loudspeakers of any type shall be installed
outside of the building.
(10)
All such uses shall be subject to a special use permit
and site plan approval.
(11)
A twenty-five-foot landscaped area along the entire highway
frontage, except for necessary drives and sidewalks is required.
B.
These special regulations are itemized in this section
to accomplish the primary purposes of preventing a concentration of these
uses in any one (1) area and restricting their accessibility to minors.
C.
No more than one (1) adult entertainment cabaret, as
defined above, shall be located on any lot or parcel.
