Chili City Zoning Code
ARTICLE IV
Special Permit Uses
§ 500-29 Special use permits procedures and standards.
A.
Authorization. The Planning Board is hereby empowered and authorized to review and approve, approve with modifications and/or conditions, or disapprove special use permit applications as provided in this chapter pursuant to New York State Town Law § 274-b.
B.
Purpose. The special use permit approval process seeks to ensure that identified special permitted uses are established in a manner that is appropriate and compatible to a site, adjoining properties, the neighborhood, and zoning district. These uses may be permitted if an applicant can demonstrate adherence to the specific regulations contained herein and provide adequate protection to the site, adjoining properties, the neighborhood, and zoning district.
C.
Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by any of the enforcement officials designated by § 500-83 until such special use permit has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no permanent certificate of occupancy shall be issued until all of the requirements of this chapter and any conditions of special use permit approval have been complied with. Where site plan review is also required by this chapter, site plan review shall be conducted contemporaneously with the review of the special use permit application. No authorization is granted for a waiver of the requirement to obtain a special use permit, and no authorization is granted to separate the review of the special use permit from the review of the site plan.
D.
Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the enforcement official for a violation of this chapter, the Planning Board shall not review, hold public meetings or public hearings, and shall take no action regarding an application for special use permit approval until notified by the enforcement official that such violation has been cured or ceased by the applicant. However, the Board may, upon recommendation of the enforcement official, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
E.
Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this article, as determined by the Planning Board, shall be deemed a prohibited use, and a special use permit shall be denied by said Board.
F.
Property owners to make application. All applications for special use permits shall be executed by the owner of the subject property authorizing the application and agreeing to be bound by the decision of the Board.
G.
Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by Article XI of this chapter. Incomplete applications may be rejected by the enforcement official, its clerks or designees, or the Planning Board. Complete applications shall include:
(1)
Plot plan. An application for a special use permit shall be accompanied by a plot plan for the proposed development of a site for a special use permit. Such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets with the requirements of this chapter.
(2)
Architectural elevations. An application for a special use permit shall be accompanied by elevation drawings depicting proposed buildings. Where buildings already exist on the site, attention to depicting how new construction shall aesthetically blend with existing construction shall be required.
(3)
Survey map of the property. An application for a special use permit shall be accompanied by an instrument survey map of the subject property.
(4)
Electronic copy. An application for a special use permit shall be accompanied by an electronic copy of the application and attachments upon the request of the enforcement official in acceptable format.
(5)
SEQR forms. An application for a special use permit shall be accompanied by such forms and information necessary to comply with SEQR.
(6)
Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board by Town Board resolution. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to Chapter 266. Except for surplus escrow fees, all application fees are non-refundable.
(7)
Additional information. Where the Planning Board requests additional information, the application will be deemed incomplete until such information is supplied. Should the applicant fail to supply such information, the Planning Board may deny the application or deem it incomplete and abandoned by the applicant.
H.
Public hearing. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of said hearing shall comply with the provisions of § 500-86.
I.
Time of decision. The Planning Board shall decide the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and General Municipal Law §§ 239-l and 239-m. In rendering its decision, the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant. Failure of the authorized board to act within 62 days shall be deemed a denial of the application.
J.
Modifications to special use permits. No expansion or modification of a use or its operation that is the subject of a special permit shall be permitted, except through the same process as required for initial approval of the special permit.
K.
Relationship to variances. When necessary, the simultaneous review of a special use permit with an area variance for the same proposed development shall be coordinated among the appropriate reviewing boards.
L.
Waivers compared to variances. Variances involving special use permits [Town Law § 274-b(3)] and waivers involving the review of special use permits [Town Law § 274-b(5)] serve distinct functions. Variances, under Town Law § 274-b(3), address the Zoning Board's power to grant area variances from area requirements associated with special use permits. Waivers, under Town Law § 274-b(5), on the other hand, deal with an authorized board's authorization to waive special use permit requirements. In contrast to a Zoning Board's unconditional grant of authority under § 274-b(3) to entertain area variance applications associated with special uses, an authorized board's power under § 274-b(5) to waive special use requirements must derive from further empowerment by the Town Board. Area variances only involve specific quantitative zoning requirements, such as setbacks, building heights, road frontage requirements, lot dimensions, etc. Special use permit standards which are qualitative, such as adequate landscaping, sufficient accommodation for pedestrian traffic, retention of significant natural features or similar types of local standards, are not subject to variance proceedings.
M.
Scope of waiver empowerment to the Planning Board.
(1)
The Town grants and empowers the Planning Board the authority to waive the following requirements of the special use permit process only:
(a)
One or more of the qualitative standards found in Subsection R of this section, Standards for special use permits, which the Planning Board finds are inapplicable to a particular application.
N.
Criteria for allowing special use permits.
(1)
General provisions. Special use permits are hereby declared to possess characteristics which require that each specific use shall be considered on an individual basis. Any use for which a special use permit is granted by the Planning Board shall be deemed a use permitted in the district in which located, except that for any additional use or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. The proposed special use must meet all the conditions of that use, including basic use regulations specified in this chapter and as the Planning Board may apply to any approval. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a special use permit, any change in use or in lot area or an alteration of structure shall conform to the requirements dealing with special use permits.
(2)
Conditions; additional considerations. In permitting a special use permit or the modification of a special use permit, the Planning Board may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the site, the surrounding property, the neighborhood, the zoning district or the Town as a whole. These conditions may include, by way of example and without limitation, modifying the required lot size or yard dimensions; limiting the height of buildings; controlling the location and number, spacing or location of vehicle access points; increasing the street width; increasing the number of off-street parking and loading areas required; limiting the number, size and location of signs; and requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(3)
A special use permit may be issued as:
(a)
Permanent, except where the permitted use is discontinued for any reason for a period of one year or more.
(b)
Temporary, to cease on a specified date and not to be renewable.
(c)
Renewable within a specified period of time, set by the Planning Board.
(d)
A special use permit may be revoked by the Planning Board if the conditions of the special use permit are violated.
(e)
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this article shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
(f)
All special use permits shall run with the land and will be transferred to the successive property owners, provided the permit has not expired and is not revoked for failure to meet the permit conditions.
(g)
Upon issuance of a special use permit, the applicant shall have one year within which to commence construction of the special use. If said period passes without commencement, the special use permit shall be deemed null and void.
(h)
Renewable special use permits whereupon construction has commenced and substantial investment has been made shall be deemed permanent.
(4)
Basis for deliberation; general provisions. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety and welfare and shall assure itself of the following:
(a)
That such use will be in harmony with the orderly development of the district and the location, nature and height of buildings, walls, fences, parking areas and other improvements will not discourage the appropriate development, use and enjoyment of adjacent lands.
(b)
That all structures, equipment and materials shall be reasonably accessible for fire and police protection.
(c)
That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section and including maximum height, required off-street parking and sign regulations.
(d)
That the use is listed as a permitted special use in the appropriate zoning district.
(e)
General codes compliance. That the proposed use or structure shall comply with the applicable intent and regulations of this chapter, including the specific zone district in which it is located, and to any other applicable Town, county, state or federal regulations.
(f)
The proposed use shall be consistent with the predominant character of the existing built environment or natural landscape in the neighborhood.
(g)
Consistency with the current adopted Comprehensive Plan goals, objectives and policy statements. The Planning Board shall determine that the proposed special use permit and related land use is consistent with the officially adopted statements in the Town of Chili Comprehensive Plan.
O.
Standards for special use permits. In granting any special use permit, the Planning Board shall take into consideration the public health, safety and general welfare of the Town, and the comfort and convenience of the public in general, in the Town and of the immediate neighborhood in particular. The Board may require modifications and/or conditions of approval to an application. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Board shall give specific consideration to the following standards:
(1)
Preserving and protecting existing development. The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development, use and enjoyment of adjacent land and buildings or impair the value thereof. Where proposed commercial development adjoins residentially zoned or developed lands, special attention will be required to screen and preserve the residential viewshed.
(2)
Drainage and stormwater. The proposed use shall be designed to avoid flooding, property damage from flooding and nuisance flooding on the site or other properties.
(3)
Traffic access. All proposed traffic access ways shall be adequate but not excessive in number; shall be adequate in width, grade and alignment and visibility; shall be sufficiently separated from street intersections and other places of public assembly; and shall meet other similar safety considerations.
(4)
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with the off-street parking and loading requirements of this chapter and the Americans with Disabilities Act.[1] Provision shall be made for adequate snow storage outside of parking areas.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5)
Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.
(6)
Landscaping and screening. All parking, HVAC, dumpsters, and service areas shall be reasonably screened during all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site should be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at chest height should be preserved to the maximum extent practical.
(7)
Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs, and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood, and shall not adversely affect the general welfare of the inhabitants of the Town.
(8)
Lighting and glare. Lighting shall be dark sky compliant. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.
(9)
Historic and natural resources. The proposed use shall be designed and should be carried out in a manner that minimizes impacts to protect historic and natural environmental features on the site under and in adjacent areas.
(10)
Sewage treatment and water supply. The adequacy of available sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs of the proposed activity or use. This consideration should be given to both, including, but not limited to, the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and the adequacy of measures to protect surface water and groundwater from pollution.
(11)
Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.
(12)
Emergency services. All proposed buildings, structures, equipment, and/or material shall be readily accessible for fire, police, and other emergency service protection.
(13)
Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.
(14)
Nuisances and objectionable conditions. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, radioactivity, pollution, fumes, vibration, odors, smoke, erosion or lighting than would the operations of a permitted use. The proposed use shall comply with the requirements of this chapter, including without limitation, the prohibition against objectionable conditions at § 500-61.
(15)
Size and scale. The location and size of the proposed use, the nature and intensity of operations involved in or conducted in connection therewith, and the size of the site in relation to the use, its site layout and its relation to existing and future access streets should be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, or conflict with the normal traffic of the neighborhood.
(16)
Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including temporary limitations, restrictions on hours of operation and reasonable assurances that these standards and requirements conditions and safeguards can be responsibly monitored and enforced. Where certain special use permits enumerated in this article have their own specified standards, the most restrictive standards shall apply.
P.
Criteria for revocation of special use permits after notice of violation.
(1)
The owner of the premises subject to the special use permit shall be afforded a public hearing, upon 10 days notice, before the original approving board to determine whether or not the special use permit heretofore issued has been violated.
(2)
The owner of said property shall be advised, in writing, of the factual allegations which constitute a violation of the terms of the special use permit or of the conditions upon which the special use permit was issued.
(3)
The owner of the property shall have the opportunity to appear, with or without counsel, and present witnesses and evidence on his or her behalf.
(4)
The enforcement official or his or her designee shall present the facts and evidence upon which the allegations of the special use permit are based. The enforcement official may prepare and present such information with assistance of the attorney for the Town.
(5)
The original approving Board, within 62 days after the close of the public hearing, shall issue a written decision, which must be adopted by a majority of the Board, as constituted.
(6)
The decision of the original approving Board must be in writing and state whether or not the terms of the special use permit were violated; and whether or not the conditions upon which the special use permit were violated and, in the event of a violation, issue an order revoking the special use permit on a temporary or permanent basis or issue an order effectuating such other remedy that may be appropriate under the circumstances as determined in the discretion of the original approving Board.
§ 500-30 Massage business.
A.
Purpose and intent.
(1)
It is the purpose and intent of this section to provide for the regulation of licensed massage therapists, massage practitioners and massage establishments in the interests of the health, safety and general welfare of the people within the Town of Chili and the visitors thereto.
(2)
The Town Board of the Town of Chili further recognizes that, unless properly regulated, the unlicensed or unauthorized practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this section to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and any other illegal activities carried on under the guise of massage therapy, acupressure, body rubs or other body-to-body contact, and establishing certain sanitation, health, and operational standards for massage businesses.
(3)
Furthermore, it is the purpose and intent of this section to address the negative impacts identified in the Town's findings at the time of adoption of this section to reduce or prevent neighborhood blight and to protect and preserve the quality of the neighborhoods, commercial districts and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of nonlicensed businesses engaged in massage.
(4)
It is the Town's further purpose and intent to rely upon the uniform statewide regulations applicable to licensed massage practitioners, to regulate the commercial practice of massage in the Town to those persons duly certified to practice by the requirements of Article 155 of the Education Law of New York State, and to provide for the registration and regulation of all massage businesses operating within the Town of Chili for health and safety purposes to the extent allowed by law.
B.
Licensing requirements.
(1)
Except as otherwise provided in § 500-30F, Exemptions, it shall be unlawful for any individual to practice massage, massage therapy or body work for compensation as a sole proprietorship, or operator, owner or employee of a massage establishment, or in any other capacity within the Town, unless that individual is duly licensed pursuant to Article 155 (Massage Therapy) and/or Article 160 (Acupuncture) of the New York State Education Law.
(2)
Massage establishments shall maintain on the premises, in a conspicuous location viewable by the public, the New York State Department of Education license held by all massage therapists, massage practitioners and all persons providing massage therapy at that business or establishment.
C.
Permitting requirements.
(1)
Special permit. All (exempt and nonexempt) massage establishments shall obtain a special permit in accordance with this section.
(2)
Massage business registration permit. All massage establishments shall obtain an annual massage business registration permit and pay a massage business registration fee sufficient to cover registration costs, in accordance with the Fee Schedule established by the Town Board. The registration application for a massage business registration permit shall include all of the following:
(a)
Legal name of the massage business.
(b)
Address and telephone number of the massage business establishment.
(c)
Legal names, residential street addresses and telephone numbers of all owners of the massage business.
(d)
A list of all of the massage business's employees and independent contractors who are performing massage and their license pursuant to Article 155 and/or Article 160 of the New York State Education Law.
(e)
Business address and telephone number of all owners of the massage business.
(f)
The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
(g)
Each owner or operator of the massage business who is not a New York State licensed massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the Town.
(h)
For all owners, a valid and current driver's license and/or valid identification issued by a state or the United States Government.
(i)
For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy and acknowledging that failure to comply with the New York State Education Law, any local, state, or federal law, or the provisions of this section may result in revocation of the business's registration permit.
(3)
Issuance. Before issuance of the massage business registration permit, the foregoing documentation shall be reviewed and approved by the Building Department Manager or his designee. Business registration shall be valid from the date of issuance and shall automatically expire on December 31 of the calendar year in which it was issued. No permit shall be granted to any owner, operator, establishment or person if that owner, operator, establishment, co-owners, employees, independent contractor, lessee or person has previously had a permit revoked by the Town of Chili.
(4)
Modifications. If at any time the content of the registration application for which a permit has been issued shall change, a new registration application shall be required pursuant to this section and a new fee shall be paid.
(5)
Renewal. A massage business shall apply to the Town to renew its business permit at least 30 calendar days prior to the expiration of said business registration. Failure to renew a business permit shall be grounds for the Town to revoke any business permit.
(6)
Revocation. A massage business establishment's registration may be revoked for violations of the Code of the Town of Chili, any governing law of the County of Monroe, State of New York or federal statute.
D.
Enforcement; compliance.
(1)
Penalties for violation of any provision of this section shall be as set forth in § 500-92. Notwithstanding anything to the contrary contained in that section, any person subject to this section who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive.
(2)
The Town Code Enforcement Officer may, upon evidence of a violation or violations of this section:
(a)
Order the massage establishment closed until such time as the Town Code Enforcement Officer determines that such establishment is operating, or will be operated, in accordance with this section; and/or
(b)
Suspend or revoke any previously issued permit(s) of occupancy, permit(s) of compliance, special use permit or massage business registration permit.
(3)
Any such order of closing, suspension, or revocation issued by the Town Code Enforcement Officer pursuant to Subsection A shall be in writing on a form prescribed by the Town Code Enforcement Officer and shall state the reason for the closing, suspension or revocation, together with the date of issuance. Such order of closure, suspension, or revocation shall bear the signature of a Code Enforcement Officer or code enforcement personnel, and shall be prominently posted at the site. The posting of an order of closure, suspension or revocation shall be deemed sufficient notice to close, suspend, or revoke all rights to engage in any business activities at such establishment. Any order of closure, suspension or revocation issued pursuant to Subsection A shall be stayed until the expiration of 15 days after such order is posted. If proof of compliance with this section satisfactory to the Town Code Enforcement Officer is presented to said officer within said 15 days, such order of closure, suspension or revocation shall be vacated.
(4)
Nothing in this section shall prevent any other enforcement or penalty options available pursuant to this section or any other chapter of the Code of the Town of Chili, or otherwise authorized by or under state law.
E.
Notifications.
(1)
A massage business registration permit holder is required to immediately report, in writing to the Town of Chili Code Enforcement any of the following:
(a)
Arrests of any owner, operator, establishment or person if that owner, operator, establishment, co-owners, employees, independent contractor, lessee or person of the registrant's massage business for an offense other than violation-level offenses.
(b)
Resignations, terminations, or transfers of practitioners employed by the registrant's massage business.
(c)
The occurrence of any event involving the registrant's massage business or the massage practitioners employed therein that constitutes a violation of this section or state or federal laws.
(d)
Failure to notify for any of the above shall constitute grounds for revocation of the business permit.
F.
Exemptions. Any individual, or business, licensed to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry in accordance with § 7805 of Article 155 of the New York State Education Law is exempt from the provisions of this section, in the customary practice of their profession(s). The burden of proof in establishing such exemption shall at all times be upon the applicant. Any offerings of massage, as an ancillary or additional use, shall not be exempt from the provisions of this section.
G.
Health and safety requirements. The following health and safety requirements shall be applicable to all massage establishments within the Town of Chili:
(1)
The Town business permit(s) as well as the New York State license of each and every massage practitioner engaged in the practice of massage therapy shall be displayed in the reception area or similar open public place on the premises during working hours and at all times when the massage practitioner is inside a massage establishment or providing outcall massage.
(2)
Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m. Off-premises, in-home massage hours shall be at the discretion of the client.
(3)
A list of the services available and the cost of such services shall be posted in the reception area within the massage premises. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, operator, establishment, co-owners, employees, independent operator, lessee or person shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for service other than that on the list of services.
(4)
All massage establishments, including but not limited to owners, operators, co-owners, employees, independent operator, lessee or person, massage practitioners, and those engaged in acupressure or acupuncture, shall wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest.
(5)
No massage establishment shall operate as a sexual encounter center or sexually oriented business as defined in § 500-101 of the Code of the Town of Chili.
(6)
All signs shall be in conformance with the current Sign Code of the Town of Chili.
(7)
Any massage practitioner and/or massage establishment shall operate only under the name specified in his or her massage business registration permit and New York State license.
H.
Inspection by government officials.
(1)
All exempt and/or nonexempt massage establishments, and all massage establishments described in this section, shall permit representatives of the Town of Chili Code Enforcement Office and Fire Marshal, to conduct reasonable inspections of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law and during the regular business hours of the business or establishment, for the purpose of ensuring compliance with state and local law, including, but not limited to, the requirements of this section, or other applicable fire and health and safety requirements.
(2)
All massage therapists and massage practitioners shall provide their full, legal name used, date of birth, valid government photo identification (driver's license, nondriver identification, passport), including present residence address, and telephone number. Such identification and information shall be provided as required by the Building Department Manager or his designee, necessary to confirm the identity of those claiming to hold a valid NYSED permit.
(3)
Nothing in this section shall be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the premises of the business or establishment if such entry is refused, or for any other reason allowed by law.
(4)
It is a violation of this section for the business or establishment to prohibit or interfere with such lawful inspection of the premises at any time it is open for business.
§ 500-33 Adult use entertainment establishments standards.
The Town Planning Board may approve a special use permit for an adult use entertainment establishment as first provided for in § 500-21C(4) of the Town Code, provided that the following standards are maintained:
A.
All adult uses shall be conducted in an enclosed building.
B.
Regardless of the building location or distance, no one who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
C.
No building shall be painted in garish colors or such other fashion as will effectuate the same purpose as a sign without the Planning Board's approval.
D.
No loudspeakers or sound equipment shall be used as part of an adult use entertainment establishment that can be discerned by the public from public and/or semipublic areas.
E.
Parking of registered vehicles on the site shall be permitted only during the hours of operation.
F.
No dwelling unit shall be allowed as part of any adult use entertainment establishment.
§ 500-34 Motorized recreational vehicle outdoor off-road track standards.
The Town Planning Board may approve a conditional (or special) use permit for a motorized recreational vehicle outdoor off-road track, provided that the following criteria are met and maintained:
A.
The applicant shall submit a site plan, prepared in accordance with the provisions of Article V of this chapter, of the property where the motorized recreational vehicle outdoor off-road track is to be located.
B.
The applicant shall submit a written statement which sets forth the details of the motorized recreational vehicle off-road track.
C.
The minimum lot size for a motorized recreational vehicle off-road track shall be 50 acres, which shall be exclusive of any other portion of the site.
D.
No portion of a motorized recreational vehicle off-road track shall be located closer than 100 feet to a property line.
E.
No portion of a motorized recreational vehicle off-road track shall be allowed where the noise level exceeds the noise levels described in Chapter 352, Noise, of the Code of the Town of Chili.
F.
No motorized recreational vehicle off-road track shall be allowed to operate before 9:00 a.m. or after 7:00 p.m., prevailing time, or sunset, whichever shall first occur. On Sunday, the hours of operation shall be limited to 11:00 a.m. to 7:00 p.m., prevailing time, or sunset, whichever shall first occur.
G.
Access shall be provided for emergency vehicles to all portions of the motorized recreational vehicle off-road track by an approved route shown on the site plan.
H.
There shall be no lighting permitted of a motorized recreational vehicle outdoor off-road track that does not meet the Town lighting standards contained elsewhere in this chapter.
I.
Any alteration of the land shall be clearly shown on the site plan. Upon termination of the track, the land shall be returned to its previous condition within six months. A performance bond, in an amount specified by the Town Engineer and in a format acceptable to the Town Board to permit the reclamation of the land, shall be filed with the Town.
J.
A forty-foot-wide densely planted landscape buffer strip shall be provided along any portion of the property that is adjacent to a residential site or public highway.
K.
Not more than two motorized vehicles may operate on an outdoor track at any one time.