Enabling authority. The Joint Planning Board of the Town/Village of Clayton is hereby authorized to review and approve, approve with modifications or disapprove site plan review consistent with Town Law §§ 274-a and 274-b in relation to adult entertainment businesses.

Definitions. For the purpose of this chapter:

Inclusion of terms. For the purposes of this section, all uses set forth in Subsection B, Definitions, the terms "adult cabaret" through and including "adult use, licensed," shall be known as "adult entertainment businesses."

Concentration of adult entertainment businesses. No adult uses shall be located within 500 feet of any other adult uses.

Location. No adult entertainment business shall be permitted unless located within zone "Industrial," in which such businesses are permitted and, in addition, the structure of the adult entertainment business is located no closer than:

Nonresidential. No adult use shall be located in any building that is used in whole or in part for residential uses.

Appearance. All building openings, including doors and windows, shall be located, covered or screened in such a way as to prevent a view into the establishment from any public street, sidewalk or parking area. Interior signs, displays or other advertisements containing nude, seminude, or provocative pictures shall not be visible from the exterior of the establishment.

Exterior signs. As a condition of approval of any adult use, there shall be a restriction that 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. Such sign shall be reviewed by the Planning Board in conjunction with the site plan review and shall conform to all signage requirements of this chapter.

Noise reduction. Loudspeakers or sound equipment used by adult uses shall not be audible by the public from any public street, sidewalk or parking area.

Traffic patterns. The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volume on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.

Parking. The use makes provision for safe and adequate off-street parking in accordance with these regulations. Parking should consist of one space per 100 square feet of gross floor area plus one space for each employee, at a minimum.

Design and use. The use and proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including, but not limited to, traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.

Impact. The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.

Amortization of existing adult entertainment businesses. Any adult entertainment business lawfully operating on the effective date of this chapter and not licensed as required by this chapter shall have 30 days to apply for a license as authorized by this chapter. In the event such license is denied because the business cannot be operated in a location or manner as permitted by this chapter, such operation shall be deemed a nonconforming use. Such nonconforming use shall be permitted to operate for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.