Adult entertainment uses shall be permitted only in Light Enterprise (ENT-L) Zoning District, as a special permit use, to be granted by the Town of Wallkill Planning Board pursuant to Chapter 249 of the Town of Wallkill, subject to local site plan and environmental requirements, and subject to the following restrictions:
A.
Adult entertainment uses are prohibited within 1,500
feet of any sensitive land use area.
B.
Adult entertainment uses are prohibited within 1,500
feet of any other adult entertainment use.
C.
No more than one adult entertainment use shall be
located on any lot.
D.
The distances provided herein above shall be measured
by following a straight line, without regard to intervening buildings,
from the nearest point of the property parcel upon which the adult
entertainment use is to be located to the nearest point of the parcel
of property perimeter line or the land use district boundary line
from which the adult entertainment use is to be separated.
A.
No adult entertainment use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not containing an adult
entertainment use. This provision shall apply to any display, decoration,
sign, show, window or other opening.
B.
There shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the
name of the establishment. There shall be no audio or video promotional
advertising at the site or in its proximity.
C.
Adult entertainment uses shall obtain approval from the Planning Board in accordance with the Zoning Code of the Town of Wallkill, including, without limitation, § 249-38, Procedure for special permit uses, § 249-39, Requirements for special permit uses, § 249-39.1, Standards for specific special permit uses in commercial and industrial districts, and § 249-40, Site and development plan approval. All other provisions of the Zoning Code of the Town of Wallkill and state and local law shall also apply, including compliance with environmental law.
D.
Adult entertainment uses shall meet all other regulations of the Town of Wallkill, including but not limited to district lot and bulk regulations, parking regulations and signage, unless such regulations are less restrictive than the regulations set forth in this Chapter 59, Article II, in which case the provisions of this Chapter 59, Article II, shall apply.
E.
Adult entertainment cabarets, adult theaters, and
all other adult entertainment uses featuring entertainment by live
persons shall be closed from 4:30 a.m. to 12:00 noon on Sundays, and
from 4:30 a.m. to 8:00 a.m. on all other days of the week.
A.
Adult entertainment uses in existence on the effective date of this Chapter 59 shall be deemed preexisting nonconforming uses and thereby subject to the provisions of the Town of Wallkill Zoning Code, including, but not limited to, Article IX thereof, and all other applicable Zoning Code and Town Code provisions.
