Cobleskill Village City Zoning Code
§ 160-6.3
Standards for adult entertainment.
A.
To determine whether a "substantial portion" of a business includes an adult bookstore, adult eating or drinking business, adult theater or other adult commercial establishment or combination thereof, the following factors shall be considered:
(1)
The amount of floor area and cellar space accessible to customers and allocated to such uses; and
(2)
The amount of floor area and cellar space accessible to customers and allocated to such uses compared with the total floor area and cellar space accessible to customers in the establishment.
B.
To determine whether a bookstore has a "substantial portion" of its stock in materials, the following factors shall be considered:
(1)
The amount of such stock accessible to customers compared with the total stock accessible to customers in the business; and
(2)
The amount of floor area and cellar space accessible to customers containing such stock; and
(3)
The amount of floor area and cellar space accessible to customers containing such stock compared with the total floor area and cellar space accessible to customers in the establishment.
C.
Location of adult use.
(1)
The structure housing an adult use and any accessory use/structure shall not be allowed:
(a)
Within 100 feet of the property line of a parcel used for residential purposes in the Village;
(b)
Within 750 feet of the property line of a parcel containing a church, synagogue, other place of worship, active cemetery, library, school, licensed day-care facility, park, playground, post office, Village office, state/federal/county office, nursing home, adult home, or hospital, whether or not such use is located in the Village or outside the Village's territorial limits;
(c)
On the same parcel as another adult use and entertainment establishment; or
(d)
Within 750 feet of the property line of another adult use and entertainment establishment, whether or not such use is located in the Village.
(2)
The above distances of separation shall be measured from the nearest exterior wall or corner of the structure containing the adult use and entertainment establishment.
D.
Such use and parking area shall be adequately fenced and/or buffered (landscaping/berms) for screening from any adjacent property, and lighting shall be directed away from adjacent property and public highways.
E.
Parking shall be located in the side or rear yard, and no parking space may be located less than 50 feet from any property line.
F.
Any structure containing the adult use and entertainment establishment and any accessory structure shall have a residential appearance similar to existing dwelling units (excluding manufactured homes) in the Village of Cobleskill. Building design shall avoid areas of blank wall sections.
G.
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.
H.
Nonconforming adult use and entertainment establishments.
(1)
In all districts where adult use and entertainment establishments as defined herein are not a permitted use, a nonconforming adult establishment shall terminate within one year from the effective date of this amendment or from such later date that the adult bookstore or entertainment establishment becomes a nonconforming use, except that such establishment may be continued for a limited period of time by the Zoning Board of Appeals as described below.
(2)
The Zoning Board of Appeals may permit any nonconforming adult bookstore or entertainment establishment or any nonconforming accessory business use to continue for a limited period of time beyond that provided for in this chapter, provided that:
(a)
The owner of such establishment makes an application to the Zoning Board of Appeals at least 120 days prior to the date on which such establishment must terminate.
(b)
Board findings.
[1]
The Board shall find, in connection with such establishment:
[a]
The applicant had made, prior to the nonconformity, a substantial financial expenditure related to the nonconformity; and
[b]
The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and
[c]
The period for which such establishment may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity.
[2]
For the purposes of this section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult establishment exclusive of the fair market value of the building in which such use is located and exclusive of any improvements unrelated to the nonconforming adult entertainment establishment.
I.
Penalties for offenses.
(1)
Any person, firm, corporation or entity found to be violating any provisions of this section shall be served with a written notice by the Code Enforcement Officer, or his/her designee, stating the nature of the violation and providing for immediate correction thereof. Such notice shall be served by one of the following methods:
(a)
By personal service;
(b)
By certified mail, return receipt requested, addressed to his or its last known address as shown on the latest completed assessment roll of the Village of Cobleskill; or
(c)
By posting of such notice in a conspicuous place upon the premises affected and a copy thereof mailed, addressed to his or its last known address as shown on the latest completed assessment roll of the Village of Cobleskill.
(2)
Any person, firm, corporation or entity that shall violate any portion of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(3)
The owner and/or any occupant and/or any tenant and/or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
(4)
Any person, firm, corporation or entity violating any of the provisions of this chapter shall become liable to the Village for any expense or loss or damage occasioned the Village by reason of such violation.
(5)
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceedings to prevent a violation of this chapter or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this chapter.