The formulation and enactment of a Comprehensive
Zoning Ordinance is based on the division of the entire Town into
districts, in each of which are permitted specified uses that are
mutually compatible uses; however, it is recognized that there are
other uses which it may be necessary or desirable to allow in a given
district but which, on account of their potential influence upon neighboring
uses or public facilities, need to be carefully regulated with respect
to location or operation for the protection of the community. Such
uses are classified in this Zoning Ordinance as "special uses" and
fall into three categories:
A.
Uses either municipally operated or operated by publicly
regulated utilities or uses traditionally affected by public interest.
B.
Uses entirely private in character which, on account
of their peculiar locational need, the nature of the service they
offer to the public and their possible damaging influence on the neighborhood,
may have to be established in a district or districts in which they
cannot reasonably be allowed as an unrestricted permitted use under
the zoning regulations.
C.
Nonconforming uses which, as special uses, can be
made more compatible with their surroundings.
A.
No special permit shall be granted by the Town Board
unless the special use:
(1)
Is necessary for the public convenience at that location
or, in the case of existing nonconforming uses, a special use permit
will make the use more compatible with its surroundings.
(2)
Is so designated, located and proposed to be operated
that the public health, safety and welfare will be protected.
(3)
Will not cause substantial injury to the value of
other property in the neighborhood in which it is located.
(4)
Complies with additional standards in this article
as applicable.
B.
All special permits granted under this article shall
be for a term of one year and must be renewed annually pursuant to
the terms of this article. In the instance where a one-year permit
would cause a severe hardship on an applicant seeking the permit for
public utility uses or cluster residential development, the Town Board
may grant a special permit for a fixed period of more than one year
and may impose conditions and additional standards consistent with
those set out in § 161-39C and D.
[Amended 6-11-1991 by L.L. No. 1-1991; 9-16-1992 by L.L. No.
2-1992; 6-11-1996 by L.L. No. 1-1996]
(1)
All existing special use permits to be renewed on
January 1 through June 30 or July 1 through December 31 shall be considered
for renewal on June 30 or December 31 respectively and annually on
that date thereafter.
(2)
All special use permits granted for the first time
on April 1 through September 30 shall be considered for renewal on
December 31, and all special use permits granted for the first time
on October 1 through March 31 shall be considered for renewal on June
30 and annually on those dates thereafter.
(3)
All permits granted or renewed for less than one year
shall have any annual fee prorated accordingly.
C.
Where applicable, the case must be referred to the
Erie County Planning Division which must, in turn, provide a recommendation
within 30 days after receipt of the referred case.
The Town Board may provide such conditions or
restrictions upon the construction, location and operation of a special
use, including but not limited to provisions for the protection of
adjacent property, the expiration of said special use after a specified
period of time, off-street parking and loading as shall be deemed
necessary to secure the general objectives of this chapter and to
reduce injury to the value of property in the neighborhood.
A.
Motor vehicle service stations. Service stations may
be permitted in the Commercial Districts of the Town, provided that
the following standards are observed:
(1)
In addition to the information required in the special
permit application and enumerated in §§ 161-35 through
161-38 of this chapter, the site plan submitted shall also show the
number and location of fuel tanks to be installed, the dimensions
and capacity of each storage tank, the depth to which the tanks will
be placed below the ground, the number and location of pumps to be
installed and the type of structure and accessory buildings to be
constructed.
(3)
The entire area of the site traveled by motor vehicles
shall be paved.
(4)
Any repair of motor vehicles shall be performed in
a fully enclosed building, and no motor vehicle shall be offered for
sale on the site. No motor vehicle parts or partially dismantled motor
vehicles shall be stored outside of the enclosed building.
(5)
No vehicles shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect or direct operation of the establishment.
(6)
Accessory goods for sale may be displayed on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be displayed on the respective
island if provided for in a suitable stand or rack.
(7)
No motor vehicle service station or public garage
shall be located within 500 feet of any public entrance to a church,
school, library, hospital, charitable institution or place of public
assembly. Such distance shall be measured in a straight line from
said public entrance to the lot line nearest said entrance along the
street line.
(8)
Where a motor vehicle service station abuts a residential
zone, it shall be screened by a buffer area no less than 10 feet in
depth, composed of densely planted evergreen shrubbery, solid fencing,
or a combination of both, which, in the opinion of the Town Board,
will be adequate to prevent the transmission of headlight glare across
the zone boundary line. Such buffer screen shall have a minimum height
of six feet above finished grade at the highest point of the station.
The materials used shall be in keeping with the character of the adjacent
residential area. If said shrubbery becomes decayed and fails to provide
an adequate screen, the Code Enforcement Officer may direct the property
owner to replace said shrubs.
[Amended 9-16-1992 by L.L. No. 2-1992]
(9)
All fuel pumps shall be located at least 20 feet from
any street line, property line, side lot line or rear lot line.
[Amended 4-13-1983 by L.L. No. 1-1983]
(10)
In addition to the sign requirements for business
uses, each motor vehicle service station shall be permitted to have
one freestanding or pylon sign, setting forth the name of the station
and for the principal products sold on the premises, including special
company or brand name, insignia or emblem, provided that such sign
shall not exceed 20 square feet in area on either of two sides and
shall be hung within the property line and no less than 10 feet nor
more than 25 feet above the ground.
(11)
Service stations may also exhibit one temporary
sign located no less than 10 feet inside the property line and specifically
setting forth special seasonal servicing of automobiles, provided
that such sign does not exceed seven square feet in area.
B.
Campgrounds. Campgrounds may be permitted in the R-R
and R-2 Districts, provided that the following standards are observed:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
No portion of the property for which a special permit
use is sought is within 1,000 feet of any watercourse which is part
of any water supply system.
(2)
All provisions of the Sanitary Code or such other
regulations of the State Health Department pertaining to camps shall
be complied with.
(3)
The number of persons to be accommodated in such camps
shall not exceed one person per 1,000 square feet of area within such
grounds.
(4)
No camp structure shall be located within 300 feet
of any street property line.
C.
Public utilities. Public utility uses, such as dial
equipment centers and substations, but no service or storage yards,
may be permitted in any zone district with a special permit use. No
special permit use shall be issued unless the Town Board shall determine
that:
(1)
The proposed installation in a specific location is
necessary and convenient for the efficiency of the public utility
system or the satisfactory and convenient provision of service by
the utility to the neighborhood or area in which the particular use
is to be located.
(2)
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
(3)
Adequate and attractive fences and other safety devices
will be provided.
(4)
A buffer strip 10 feet in width shall be provided
around the perimeter of the property.
D.
Cluster residential developments. Cluster residential
developments of one-family dwellings may be permitted in the R-1 and
R-2 Residential Districts of the Town, provided that the following
conditions are observed:
(1)
The project shall encompass a minimum land area of
25 acres.
(2)
The developer shall dedicate all unsubdivided lands
to permanent open space. In no case shall these lands be less than
25% of the total project area. All such lands shall be suitable, in
the opinion of the Planning Board, for the intended use. Such lands
shall be offered for dedication to the Town for public use.
(3)
The developer shall have received informal conditional
approval of the Planning Board of the design and arrangement of streets,
lots, open areas and other elements of the project prior to filing
the special permit use application.
(4)
The requirements of this chapter, insofar as density,
minimum area, minimum lot width, minimum side and rear yard areas
and maximum lot coverage, are as specified in the schedule of this
code.[2] All other requirements of this chapter shall be adhered
to.
[2]
Editor's Note: The Schedule of Use, Area,
Lot and Bulk Requirements is located at the end of this chapter.
E.
Planned business areas. In order to provide maximum
flexibility in the provision of business sales and services, planned
business areas will be allowed by special permit use in the Commercial
District subject to the following conditions:
(1)
Only uses similar to those permitted in the Commercial
Districts shall be permitted in a planned business area as appropriate.
(2)
Accessory uses, off-street parking requirements and
sign requirements shall be identical to the applicable district requirements,
except that there may be one directory sign identifying the names
of the occupants of the units at any location therein. Said directory
sign shall not exceed 50 square feet in area on either of two sides.
(3)
Design and area requirements shall be as follows:
(a)
The proposed development for a planned business
district shall be constructed in accordance with an overall plan for
the entire area and shall be designed with a single architectural
scheme, accompanied by an appropriate landscaping plan. The development
shall provide initially for the construction of either a minimum of
8,000 square feet of ground floor area or a minimum of four of the
permitted uses.
(b)
An adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space, facilities for waste disposal and illumination
shall be provided.
(c)
An adequate amount and proper location of pedestrian
walks, malls and landscaped spaces to prevent pedestrian use of vehicular
ways and parking spaces and to separate pedestrian walks, malls and
public transportation loading places from general vehicular circulation
facilities shall be provided.
(d)
No building or permanent structure other than
one permitted freestanding sign shall be erected within 50 feet of
any street or property line.
(e)
The Planning Board may prescribe more restrictive
conditions or any further reasonable conditions deemed appropriate
with respect to improving the design quality of the planned business
district.
(f)
Adequate guaranty, in the form of either a bond
or escrow agreement, shall be given prior to approval of the plan
to assure that all parking, entrances, exits, facilities and services
are installed as required.
(g)
Permits issued pursuant to this section shall
expire in one year after the date of issuance thereof, unless the
approved project is completed or unless the Planning Board recommends
and the Town Board extends the permit for successive terms not exceeding
one year each, subject to such safeguards as it may prescribe in the
public interest.
(h)
Truck loading and unloading areas shall be provided
in sufficient amount to permit the transfer of goods and materials
on the premises rather than on a public street or customer off-street
parking area on the premises. A landscaping screen of no less than
six feet in height shall be required where off-street loading and
unloading areas abut residential uses, so that such operations shall
be shielded from view from such residences.
(i)
Parking areas shall be designed to provide for
a convenient flow of circulation within the shopping center. Dividing
aisles shall be provided with one tree for each 10 vehicle spaces
of a type to be approved by the Town Engineer. The parking area shall
be illuminated by nonglare lighting standards, focused downward, of
a height not to exceed 25 feet.
(j)
Where a planned business area abuts a residential
lot(s), there shall be a buffer strip of 50 feet at the periphery
of the planned business area. The buffer strip shall be perpetually
maintained with plant materials to provide a visual screen between
the planned business area and the adjoining residential lot(s).
F.
Mobile home court.
(1)
Tract requirements.
(a)
The minimum tract size shall be 10 acres, and
such tract shall front upon an arterial or collector street, as designated
in the Comprehensive Plan of the Town of Brant, and such street shall
be improved to standards as set forth in the Town of Brant Subdivision
Regulations.[3] Mobile home courts shall be permitted special uses only
in the Rural Residential District.
(b)
A setback of 100 feet shall be observed from
the center line of any public road bordering the site to any habitable
vehicle in the park.
(c)
A setback of 40 feet shall be observed from
any property line not also a street line or street center line to
any habitable vehicle in the park.
(d)
The proposed development shall be accompanied
by an appropriate landscape plan drafted by a qualified architect,
which shall include but not be limited to the following requirements:
[1]
Within each setback required by Subsection F(1)(b)
and (c) above, there shall be a landscape screen planted, which shall
consist, at a minimum, of the planting of two staggered rows of evergreen
trees six feet on center and at least four feet in height. The base
of any such planting shall be not closer than 10 feet nor more than
40 feet to the property line and shall be so arranged around entrances
and exits to preclude interference with sight distance or vehicular
safety. Said planting shall be guaranteed by bond or cash or approved
substitute, posted with the Town Board in an amount equal to 25% of
the estimated cost of trees and planting. Said guaranty shall be released
only after the passage of the second growing season (May through September)
after planting, at which time a pro rata amount shall be deducted
up to the full amount of the guaranty for trees not living.
[2]
The tract shall be located and laid out so that
no habitable vehicle shall be closer than 1,500 feet to any existing
single-family detached or two-family dwelling.
[3]
All interior roads shall be improved to the
construction standards for local residential streets set forth in
the Subdivision Regulations of the Town of Brant[4] to a pavement width of 30 feet except at entrances and
exits to the park, where they shall be not less than 40 feet in width
if two-way or 20 feet in width each if one-way.
[4]
Entrances and exits shall be so located to provide
a minimum site distance on the adjacent public road in both directions
from the interior road at the point of intersection of not less than
300 feet.
[5]
Each court shall provide a water reservoir for
fire protection use, which shall be certified as adequate by the Fire
Department.
[6]
Each court shall set aside 20% of the total
acreage of the site as open space and recreation area. A portion of
such area shall be set aside for and equipped as a playground. A building
shall be constructed within such area for the common use of residents
for recreational purposes. Such building shall not contain less than
200 square feet of gross floor area or less than two square feet for
each habitable vehicle lot created within the park.
[7]
Sidewalks shall be constructed along at least
one side of all interior streets. Sidewalks shall be constructed in
accordance with standards approved by the Town Engineer.
[8]
Appropriate streetlighting shall be installed
on interior streets with the minimum number of lights being one at
each intersection of interior streets with each other or with abutting
public roads and one at least every 200 feet where such intersections
are more than 200 feet apart.
(2)
Lot requirements.
(a)
Each habitable vehicle lot or site shall have
an area of at least 4,800 square feet, with a minimum width of 60
feet and a minimum depth of 80 feet.
(b)
No habitable vehicle shall be closer to another
habitable vehicle or other structure within the court than 35 feet.
(c)
Not more than one habitable vehicle may be placed
on any lot or site.
(d)
Each lot or site shall be provided with connections
for water, sewer, electricity and telephone. All sanitary arrangements
shall receive the approval of appropriate local, county, state and
federal health authorities prior to the exercise of the use herein
permitted.
(e)
A surfaced parking pad shall be provided on
each lot or site.
(f)
At least one shade tree of not less than four
inches in diameter one foot above ground level shall be planted on
each lot or site which shall be guaranteed in the manner and according
to the conditions set forth in Subsection F(1)(d)[1].
[Amended 9-16-1992 by L.L. No. 2-1992]
(g)
Each lot or site shall front upon an approved
interior street.
(h)
Any additional building for an entrance or other
nonhabitable purpose, except as provided in Subsection F(1)(d)[6]
shall be attached to a mobile home unit and so attached to the unit
that the additional building shall not stand by itself. If the mobile
home is removed, any said buildings shall be removed. No additional
building to enlarge habitable space of the unit shall be constructed
or attached. A permit shall also be obtained for such addition to
a mobile home from the Code Enforcement Officer.
[Amended 9-16-1992 by L.L. No. 2-1992]
(i)
A permanent stairway or stoop shall be provided
at each entrance to a mobile home unit.
G.
New and used car sales lots and showrooms. The following
"standards for special uses" for car lots have been promulgated to
promote the health and safety of the community and for guidance for
the Planning Board and Code Enforcement Officer in recommending standards
for inclusion in the special use permit of the car lot.
[Added 4-14-2004 by L.L. No. 1-2004]
(1)
Such car lots shall be a minimum width of 300 feet
by 200 feet in depth and subject to an eighty-foot setback from the
road of any operations. The front lot shall be graded and paved and
designed to cause drainage to flow to ditch culverts with open receivers
away from neighboring property lines. Ingress and egress will be connected
in a one-way traffic flow of at least twenty-foot width with grading
and paving. The rear portion of the lot will be fenced and graded
with at least gravel. The property should be landscaped with use of
shrubberies and fencing to conceal non-sales operations.
(2)
All motor vehicle storage other than the display area
and customer parking shall be fully fenced and screened from all side
and rear property lines. An eight-foot-high wooden fence or masonry
wall may be substituted for and in addition to the planting of hedges
or other permanent plantings.
(3)
All other accessory uses, including servicing of vehicles,
shall be conducted within fully enclosed structures. The lighting
level shall not exceed three footcandles within a display area and
shall be installed in accordance with a submitted and approved plan.
(4)
Signs shall not be lower than seven feet near the
driveway so as not to obstruct vision of oncoming vehicles.
(5)
Sales building shall have at least one office room
and a full-service public restroom.
(6)
Gasoline service, if provided, shall be located to
the rear of the principal building. Oil and fuel storage shall be
solely in tanks and subject to approval by the DEC or other appropriate
governmental regulatory agency.
(7)
Sufficient off-street parking is to be provided for
all cars brought for repair, a minimum of three off-street parking
spaces in the front of the premises to be provided for licensed, repairable
vehicles. All other vehicles must be received in the rear fenced-in
area with a maximum of eight repairable vehicles to be stored for
repair at any given time and must be repaired within a reasonable
period of time. All vehicles brought in for a repair shall be placed
on a concrete pad with drainage connected to a separation tank in
accordance with the Department of Environmental Conservation regulations.
(8)
Property shall be maintained in a neat and orderly
manner with no accumulation of junk vehicles, tires, auto parts, garbage,
refuge or debris on the property.
(9)
Hours of operation are to be established so as to
limit the effect of noise and traffic on the neighborhood.
H.
Adult use and entertainment establishments.
[Added 3-8-2005 by L.L. No. 1-2005]
(1)
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(a)
[1]
[2]
(b)
[1]
[2]
[3]
[4]
ADULT CABARET
(a)
(b)
(c)
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to
herein as "Adult-Oriented Businesses")
ESCORT
ESCORT AGENCY
MASSAGE PARLOR
NUDE MODEL STUDIO
NUDITY OR STATE OF NUDITY
PERSON
PORN SHOP
SEMINUDE
SEXUAL CONDUCT
(a)
(b)
(c)
(d)
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
TATTOO PARLOR
Definitions. The following definitions shall apply
to this § 161-35:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
An establishment which, as one of its principal
or significant purposes, offers for sale or rental, for any form of
consideration, or which designates a portion or section for the display
or sale of any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia which
are primarily intended, labeled, designed, advertised or promoted
for use in connection with specified sexual activities.
An establishment may have other principal or
significant business purposes that do not involve the offering for
sale or rental of material depicting or describing specified sexual
activities or specified anatomical areas and still be categorized
as an "adult bookstore" or "adult video store" if one of its principal
or significant business purposes is the offering for sale or rental
for consideration the above-specified materials which depict or describe
specified sexual activities or specified anatomical areas. For purposes
of this definition, "principal or significant business purpose" shall
mean 25% or more of any of the following:
The number of different, titles or kinds of
such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale
and/or display of such merchandise; or
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
An establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or specified sexual activities;
or
Films, motion pictures, videocassettes, slides,
or photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A hotel, motel or similar establishment which offers accommodations
to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; and has a sign visible from the public
right of way which advertises the availability of this adult type
of photographic reproductions.
An establishment where, for any form of consideration, films,
motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar establishment
which regularly features persons who appear in a state of nudity or
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
An establishment, or any part thereof, which presents any
of the following entertainment, exhibitions or services: topless and/or
bottomless dancers; strippers; topless waitresses or waiters, busing
or similar service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; adult theaters; escort
agencies; nude model studios; and sexual encounter centers. Adult
use and entertainment establishments customarily exclude minors by
reason of age.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or, for consideration but without a license granted
by the State of New York, agrees or offers to provide a massage for
another person.
A person or business association who or which furnishes,
or offers to furnish, or advertises to furnish, escorts as one of
its primary business purposes for a fee, tip or other consideration.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments or any other treatment or manipulation of the
human body occurs as part of or in connection with sexual conduct
or where any person providing such treatment, manipulation or service
related thereto exposes specified anatomical areas or engages in specified
sexual activities.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculpted, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as part of a course of instruction offered by an education
institution established pursuant to the laws of the State of New York.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Any establishment engaged in the sale or promotion of sexual
acts or behavior as in writing, photographs and other materials depicting
sexual acts or behavior designed to stimulate erotic feelings.
A state of dress in which clothing covers no more than the
specified anatomical areas, as well as portions of the body covered
by supporting straps or devices.
Includes the following:
The fondling or touching of human genitals,
pubic region, buttock or female breasts;
Ultimate sex acts, normal or perverted, actual
or simulated, including intercourse, oral copulation and sodomy;
Masturbation; and
Excretory functions as part of or in connection
with any of the activities set forth in Subsections (1) through (3).
An enterprise that, as one of its primary or significant
business purposes, offers, for any form of consideration, activities
between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or is seminude.
Means and includes any of the following:
Its usual and ordinary meaning.
(2)
Regulations.
(a)
Legislative intent. It is the purpose of this
section to regulate the creation, opening, commencement and/or operation
of adult use and entertainment establishments, as herein defined,
in order to achieve the following:
[1]
To preserve the character and the quality of
life in the Town of Brant's neighborhoods and business areas.
[2]
To control such documented harmful and adverse
secondary effects of adult uses on the surrounding areas such as decreased
property values; attraction of transients; parking and traffic problems;
increased crime; loss of business for surrounding non-adult business;
and deterioration of neighborhoods.
[3]
To restrict minors' access or exposure to adult
uses.
[4]
To maintain the general welfare and safety for
the Town of Brant's residents.
(b)
Purposes and considerations.
[1]
In the execution of this section, 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 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.
[2]
It is further declared that the location of
these uses in regard to areas where Brant's youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern to the Town of Brant.
[3]
The intent of this section is to provide adult
entertainment uses without compromising the character of the neighborhood.
[4]
This will be achieved through lighting being
reflected away from abutting roadways and adjoining properties, and
limiting these facilities to large parcels of property in order to
maintain the visual and aesthetic environment, as well as provide
adequate distances to protect neighbors from noise, obnoxious traffic,
lights and other deleterious impacts. It is further declared that
the location of these uses in regard to areas where Brant's youth
may regularly assemble and the general atmosphere encompassing their
operation is of great concern.
(c)
Restricted uses shall be as follows:
[1]
Adult use and entertainment establishments (aka
"adult-oriented businesses").
[2]
Adult arcade.
[3]
Adult bookstore or adult video store.
[4]
Adult cabaret.
[5]
Adult motel.
[6]
Adult motion-picture theater.
[7]
Adult theater.
[8]
Escort agency.
[9]
Massage parlor.
[10]
Nude model studio.
[11]
Porn shop.
[12]
Sexual encounter center.
[13]
Tattoo parlor.
(d)
Special requirements. No person shall cause
or permit the use, occupancy or establishment of any land, building
or structure as or for a restricted use, as enumerated in Subsection
B(3) above and defined herein, unless such person shall have obtained
therefor a special permit in accordance with Article IV of this chapter
and site plan review and approval in accordance with this chapter,
and subject to any special standards as may hereinafter be required.
(e)
Regulation of restricted uses. Restricted uses,
as enumerated in Subsection B(3) above and defined herein, are to
be restricted and regulated as to their location in the following
manner, in addition to and subject to any other requirements of the
Code of the Town of Brant. The special requirements itemized in this
subsection are intended to accomplish the primary purposes of ensuring
that any objectionable characteristics of these uses will not have
a deleterious effect on adjacent areas and restricting their accessibility
by and exposure to minors.
[1]
Location.
[a]
A restricted use shall not be located:
[i]
Within a five-hundred-foot radius
of any area zoned for residential use.
[ii]
Within a one-fourth-mile radius
of another such use.
[iii]
Within a one-thousand-foot radius
of any school grounds, day-care facility, library, church or other
place of religious worship, park, playground, playing field or any
place of business which regularly has minors on the premises.
[iv]
Within a one-thousand-foot radius
of any public pathway, walkway or walking path upon which minors are
likely to travel.
[b]
The above distances of separation shall be measured
from the nearest exterior wall of the structure containing the adult
use and entertainment establishment.
[2]
Any proposed adult-oriented business shall meet
all other development standards and requirements of the Code of the
Town of Brant, including but not limited to lot and bulk regulations,
facade and screening regulations. In the event of any conflict between
the requirements of any other provisions of this chapter, including
but not limited to bulk regulations, and the special requirements
set forth herein, the special requirements of this regulation shall
apply.
[3]
No adult-oriented business shall be permitted
in any building where the majority of the floor area of the building
is in residential use, including nonconforming residential use.
[4]
In addition to the required parking spaces,
one parking space for each permitted occupancy of the space devoted
to the use shall be provided.
[5]
Any lighting shall be arranged as to reflect
the light away from the adjoining properties and abutting roadways.
[6]
Hours of operation shall be no earlier than
7:00 a.m. and no later than 11:00 p.m.
[7]
No person under the age of 18 years old shall
be permitted into the premises or onto the property of an adult-oriented
business.
[8]
All yard setbacks shall be at least 200 feet.
[9]
No amplifiers or loudspeakers of any type shall
be installed outside the building.
[10]
All such uses shall be subject to a special
use permit and site plan approval, and the Town Board and Planning
Board may impose certain terms and conditions upon the granting of
site plan approval as they deem reasonable and appropriate to further
the aims of this section.
[11]
There shall be a fifty-foot landscaped area
along the entire highway frontage, except for necessary drives and
sidewalks.
[12]
No site improvements shall take place within
50 feet of any adjoining residential property (parking, lighting,
etc.).
[13]
These special regulations are itemized in this
subsection to accomplish the primary purposes of preventing a concentration
of these uses in any one area and restricting their accessibility.
[14]
No adult-oriented business shall be operated
in a manner that permits or allows the observation of any material
depicting, describing or relating to specified sexual activities or
specified anatomical areas from any public walkways, rights-of-way
or similar areas.
(f)
Limits on restricted uses. No more than one
restricted use, as enumerated in Subsection B(3) above, shall be located
on any one parcel.
(g)
Permitted zoning districts. All adult use and
entertainment establishments as defined herein may only be created,
opened, commenced or operated as delineated in the Industrial Zoning
District and are subject to the restrictions, regulations, permits
and approvals set forth herein.
(h)
Display prohibited. All adult uses and entertainment
establishments shall be conducted in an enclosed building. It shall
be a violation to display or exhibit (in the open air, through a window,
or by means of a sign, depiction or decoration), or to allow to be
displayed or exhibited, any specified anatomical area or specified
sexual activity.
