Babylon Village City Zoning Code
ARTICLE XII
Adult Uses
§ 365-121 Restrictions on adult uses.
Adult uses shall be allowable in the Industrial District only.
A.
Purposes and considerations.
(1)
In the execution of this article, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened 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 our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Babylon.
(3)
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. ADULT BOOKSTORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER MASSAGE ESTABLISHMENT PEEP SHOW
Definitions. The term "adult uses," as used in this article, shall encompass the following terms and shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, film, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures that is not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age,
A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films, videotapes or slide shows that is not open to the public generally but excludes any minor by reason of age.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. The definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A theater which presents material in the form of live shows, films or videotapes viewed from an individual enclosure, for which a fee is charged, and which is not open to the public generally but excludes any minor by reason of age.
C.
The adult uses, as defined in Subsection B above, are to be restricted as to location in the following manner, in addition to any other requirements of this Code:
(1)
Any of the above uses shall not be located within a three-hundred-foot radius of any area zoned for residential use.
(2)
Any of the above uses shall not be located within a one-half-mile radius of another such use.
(3)
Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
D.
No more than one of the adult uses as defined above shall be located on any lot.
E.
By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment* as of the Effective Date of this Article | Date Before Which Use Shall Terminate | |
|---|---|---|
$0 to $7,000 | July 1, 1991 | |
$7,001 to $10,000 | July 1, 1992 | |
$10,001 to $20,000 | July 1, 1993 | |
$20,001 to $29,000 | July 1, 1994 | |
$29,001 or more | July 1, 1995 |
*NOTE: The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of this article, exclusive of the fair market value of the structure in which the use is located. | ||