B.
No adult use establishment, including an adult bookstore
operating only as an adult bookstore, may be located within 300 feet of any
property which is zoned or has a land use classification which permits residential
use or any portion of a mixed-use district developed and utilized as residential,
nor within 300 feet of any church, school, child-care facility or public recreation
area which is validly located or has previously received legal authority to
locate.
C.
No adult use business establishment may be located within
300 feet of any other adult use.
D.
The distance requirements under Subsection A and B shall be measured along a straight line from the nearest residential property or the nearest property line of the church, public recreation area or adult use to the closest property line of the adult use. In a multitenant or multiuser building, such as a shopping center, said distance requirement shall be measured from the unit or closest portion of the building or structure utilized by and containing or being utilized by any facet of the adult use establishment.
E.
Nothing in this § 84-32 shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this chapter. Additionally, nothing in this chapter shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity or the possession of any item which is obscene under the judicially established definition of obscenity.
A.
No adult use establishment shall be allowed to commence
or continue to operate without first obtaining site plan review and approval
from the Union Vale Planning Board.
B.
In order to obtain site plan review, the applicant shall
provide, in addition to a fee determined by the Town Board to be reasonably
calculated to cover the costs of administrating this permitting requirement,
the following information:
(1)
Name, mailing address and telephone number.
(2)
Street address and a legal description of the property
containing the proposed or existing adult use.
(3)
A site plan of the proposed establishment. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall
not be required; however, each site plan should be oriented to the north or
to some designated street or object and shall be drawn to a designated scale
or with marked dimensions sufficient to show the various dimensions of the
site, including property dimensions, building sizes, locations and sizes of
the portions of the building containing the adult use. Multitenant buildings
shall show interior and exterior locations and sizes of the areas proposed
to be occupied by all facets of the adult business use and all setbacks from
property lines.
(4)
Known locations of any churches, public recreation facilities
or other existing or proposed adult uses within approximately 300 feet of
the proposed or existing adult use location for which the adult use permit
is being sought.
(5)
If the applicant is not the record owner of the subject
parcel, the application must include a letter with the notarized signature
of the record owner, purporting to be the record owner, and stating that the
applicant is authorized to seek an adult use permit for the premises.
C.
Upon receipt of a completed application, the Code Enforcement
Officer, or any Town employee designated by the Code Enforcement Officer,
shall inspect the proposed location of the adult use and, within nine days,
notice the applicant of a certification of compliance or noncompliance. The
Code Enforcement Officer may extend that period of time, at the request of
the applicant, for purposes of clarification of issues raised by the review
but in no event for a period of time in excess of 20 days.
D.
Certification of noncompliance.
(1)
Where it is found that the location proposed in the application does not meet the distance requirements of § 84-32A of this chapter or is one where a valid adult use exists or is one where a valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirement of § 84-32B of this chapter from the proposed location, the applicant shall be notified of the certification of noncompliance of the proposed location with the location requirements of this chapter.
E.
Certification of compliance.
(1)
Where it is found that the applicant's proposed location meets the distance requirements of § 84-32 of this chapter and where no valid adult use exists or where no valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirements of § 84-32B from the proposed location, the applicant shall be notified of the certification of compliance of the proposed location with the location requirements of Subsections A and B.
(2)
Upon notification, the applicant shall have 20 days to
obtain the adult use permit, signed by the Code Enforcement Officer. Failure
to obtain that permit within the twenty-day time period invalidates the certification
of compliance and the applicant must reapply.
F.
Conflicting applications.
(1)
The Town Board recognizes the potential of creating nonconformities
by granting adult use permits that conflict. The Code Enforcement Officer
shall develop a system for tracking potentially conflicting applications and
for ranking them by date and time of application/date of establishment.
(a)
Between two applications being processed at the same time which individually qualify under § 84-32A and B but would violate the provisions of § 84-32B if both were to receive permits, the application which was completed at the earliest date, as provided for in Subsection B, shall be notified that his/her proposed location has been certified in compliance pursuant to the provisions of Subsection C of this section.
(2)
The first applicant who has received the certification of compliance shall have 20 days to secure the adult use permit, signed by the Code Enforcement Officer. Upon lapse of the period of validity of the certification of compliance, pursuant to the provisions of Subsection E(2), the applicant must reapply.
(3)
Any applicant who has received a certification of noncompliance pursuant to the provisions of Subsection D of this section may use his/her prior application date in a resubmission for the purposes of establishing priority if the original application was made no more than seven months previous. Otherwise he/she must reapply.
G.
Continuing validity of the adult use permit.
(1)
The adult use permit, signed by the Code Enforcement Officer, shall be valid for a period of six months after issuance, during which time the applicant's adult use business must apply for an adult use license pursuant to Article III of this chapter.
(2)
Once an adult use license is issued for a location which
has a permit, the adult use permit shall remain valid unless the adult use
license is revoked pursuant to the provisions of this chapter or unless the
adult use is voluntarily discontinued for a period of 30 days or more.
A.
If an applicant receives a certification of noncompliance because the location of the proposed adult use is in violation of the location requirements of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the certification of noncompliance, file with the Code Enforcement Officer a written request for a variance from the location restrictions of § 84-32 of this chapter. Filing of such a request within the ten-day period shall preserve the pending status of the application for purposes of the review of conflicting applications.
B.
If the written request is filed with the Code Enforcement Officer within the ten-day limit, he shall schedule hearings before the Zoning Board of Appeals in accordance with the established variance procedures of Chapter 210, Zoning. In addition to the required findings of Chapter 210, the Board of Appeals must also find that a sufficient physical barrier separates the adult use establishment, for which a variance is being sought, from the land use(s) which has caused the adult use not to be in compliance with the distance requirement of this chapter, so as to substantially fulfill the purpose of the distance requirement. Such physical barriers include, but are not limited to, limited access streets or highways, walls and natural or man-made waterways.
