New Paltz City Zoning Code
ARTICLE XII
Adult Uses
§ 140-90 Legislative intent, findings and purpose.
A.
It is declared that the nature of certain land uses, known as "adult uses," possess characteristics which are likely to cause serious secondary impacts on adjoining land uses. Adult uses, therefore, have a significant potential to adversely impact the public health, safety, welfare, quality of life and/or the character and tranquillity of the neighborhoods in which they are located, and also in all zoning districts.
B.
The deleterious effects of such land uses on adjoining uses and properties have been demonstrated and documented in reports and studies which have been undertaken in other communities, including the City of Kingston, New York; the Town of Lloyd, New York (in Ulster County); the Village of Washingtonville, New York (in Orange County); the Town of Ryebrook, New York (in Westchester County); and the Town of Islip, New York (in Suffolk County.) These effects include increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in surrounding residential areas. Such effects increase where adult uses are located in close proximity to each other. These studies have been reviewed by the Town Board (here, "Board"), along with legislation enacted in other Ulster County communities, including the Village of New Paltz, the Towns of Marbletown, Lloyd and Ulster, and the City of Kingston, as well as the opinions expressed by local residents and business owners.
C.
Having reviewed the location and type of sensitive uses that exist in the Town, the Board finds that such land uses would be susceptible to the greater adverse impacts that have become associated with active adult uses which tend to result in the congregation of patrons at the location of the use. The Board finds that residential areas and sensitive land uses are intermixed with business areas and commercial uses, and that there is no discrete business area separated from residences and sensitive uses. The Board recognizes that the potential deleterious effects of unrestrained proliferation and/or concentration of adult uses is inconsistent with existing development and future development plans for the Town of New Paltz, and that this presents a threat to property values and the future economic vitality of our business community.
D.
The Board finds that residential areas and sensitive land uses are intermixed with business areas and commercial uses, and that business areas and commercial districts are located along streets routinely traveled by school buses to and from local schools and residences. The prospect that adult uses may be located in any of the many areas of the Town where children assemble is of great concern to the Town of New Paltz. This concern stems from the numerous reports and studies (cited herein) which demonstrate that adult uses are associated with increased crime rates, deterioration of property, marginalization of commercial areas, disorderly conduct and other blighting which affect schools, houses of worship and other community institutions serving the children of New Paltz. The reports and studies have also demonstrated that adult uses increase the potential for minors to be exposed to age-inappropriate materials.
E.
Upon consideration of the particular circumstances and patterns of land use in the Town of New Paltz, it is declared that the potential deleterious effect of adult uses on adjacent areas and on the community are such as to require special regulations. These special regulations will ensure that these adverse effects will not create or contribute to the blighting or downgrading of the surrounding neighborhoods or land uses in the Town.
F.
Adult uses are recognized as having operational characteristics demonstrated to have a deleterious secondary impact on surrounding neighborhoods. The Town of New Paltz surrounds the Village of New Paltz; where the campus of the State University of New York College at New Paltz is located. As a suburban community which surrounds an urban community, the Town is uniquely vulnerable to the deleterious secondary impacts of adult uses. Town resources would be severely strained if called upon to address the potential increased demand for crime prevention, the degradation of the community's retail area and/or the potential decline in property values in the Town's neighborhoods which are located adjacent to the college and are used for student housing.
G.
The Town Board recognizes and affirms the rights of free speech and expression protected by both federal and state constitutions and acknowledges that such regulations must be subject to strict scrutiny in order to determine whether they are consistent with the spirit and intent of the constitutional protection of free speech and expression.
H.
The Town Board recognizes that the area within and immediately surrounding the Town of New Paltz currently has several different forms of adult uses which serve as an outlet for free expression in the Town of New Paltz area.
I.
The Town Board finds that the health, safety and general welfare of the community would be protected and that orderly economic growth, the reduced threat to property values and the regulation of the flow of traffic in the Town would be promoted by the regulation of adult uses.
J.
The Town Board finds that the Comprehensive Plan of New Paltz encourages "commercial development consistent with community character and infrastructure capacity." The plan notes that "uncontrolled and unfocused" commercial development may well "erode the very attributes, resources and values that make New Paltz a special place to live and visit."
K.
It is therefore declared that the regulations set forth in this article shall be adopted to accomplish the primary purpose of preventing the potential deleterious effects of such uses on minors and upon residential, recreational, social, religious, commercial and retail business, civic, and academic areas of the Town.
§ 140-91 Definitions.
As used in this article, the following terms shall have the following meanings:
The use of a building, or portion of a building or land for any adult use that is not a passive use, as defined herein, including but not limited to adult entertainment cabaret; adult motel/hotel; adult theater; adult massage establishment; peep show or similar adult use, generally of such nature as to result in customers congregating in or about the use. For guidelines to determine active adult uses relative to other uses, see the allocations of floor use under "adult bookstore or video store."
An establishment having a substantial or significant portion of its stock-in-trade being books, magazines, other periodicals, films, slides and/or video tapes and other merchandise, a substantial portion of which is customarily not open to the public generally but which excludes or is required by law to exclude any minor by reason of age. A bookstore or video store shall be declared to be an adult use if:
Greater than 25% of the floor area allocated to such use is not available to the general public, in comparison to the retail floor area available to customers without restriction because of age; or
Greater than 50% of all merchandise is not available to the general public without restriction by reason of age. Whichever guideline is more restrictive shall apply.
A public or private establishment which presents nude or seminude dancers, male or female impersonators or exotic dancers, or other similar entertainment, and which is customarily not open to the public generally but which excludes or is required by law to exclude any minor by reason of age.
A motel/hotel or lodge which is not open to the public generally but which excludes or is required by law to exclude any minor by reason of age, or a motel/hotel or lodge which makes available to patrons on the premises adult-oriented materials or entertainments which, if presented in a public movie theater, would not be available to the public generally but which would exclude or be required by law to exclude any minor by reason of age, or a motel/hotel or lodge which routinely offers to the public for rental or allows a tenant to sublet private rooms or accommodations for any period of time less than 10 hours in any consecutive twenty-four-hour period.
A theater that customarily presents motion picture films, videotapes, slide shows and entertainments that are not open to the public generally, but which excludes or is required by law to exclude any minor by reason of age.
The use of any building, structure or land, or portion thereof, for any purpose involving activities that are not open to the public generally, but exclude, or by law are required to exclude, any minor by reason of age, or which sell products designed or intended for use by adults, including but not limited to adult bookstore or video store; adult entertainment cabaret; adult motel/hotel; adult theater; adult massage establishment; and peep shows.
Any establishment where massages are administered by unlicensed practitioners., including massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or other lawfully established office providing therapeutic massage by a duly licensed health care professional, such as a physician, surgeon, chiropractor, osteopath or physical therapist. This definition shall not be construed to include barbershops or beauty salons in which therapeutic massages are administered only to face, scalp, neck, shoulders. This definition shall not be construed to include any individual holding a New York State Department of Education license as a masseuse or masseur who maintains a professional practice, including a professional practice conducted in a private residence in the Town of New Paltz. This definition also excludes health clubs which have facilities for exercise, such as tennis courts, racquetball courts or exercise rooms, or similar facilities, and which do not receive their primary source of revenue from the administration of massages.
The use of a building or portion of a building or land for the sale or rental for use off-site of books, films, videotapes or other materials, including products designed or intended for use by adults displayed in an area that is not open to the public generally, and/or from which area the owner or operator of the use excludes, or by law is required to exclude, any minor by reason of age. For guidelines to determine passive adult uses relative to other uses, see the allocations of floor use under "adult bookstore or video store."
The use of any building or portion of a building to present material in the form of live shows, films, videotapes or any other electronic medium viewed from an individual room or similar enclosure which is not open to the public generally, but excludes or by law is required to exclude any minor by reason of age.
The use of a parcel of land for certain uses determined to be, by their nature, particularly susceptible to the secondary impacts of adult uses, including but not limited to public or private school, public library, church or other place of religious worship, mortuary or cemetery, cultural use, civic use, a designated historic preservation site open to the general public, day-care use, park, playground or other recreational facility open to the general public, or any area designated as "scenic" under the laws of the United States of America or of New York State law.
Determined by a measurement of a straight line from the nearest outside wall of a structure for an adult use to the property line or the zoning line of another use.
§ 140-92 Establishment of use.
A.
It is unlawful for the owner or person in control of any property to establish or to operate thereon, and it is unlawful for any person to establish or to operate any active or passive adult use without first receiving a special use permit.
B.
No adult use establishment shall be located in any zoning district except in the I-1 Light Industrial District in accordance with a special use permit issued by the Town Planning Board under the provisions of § 140-55E of the Code of the Town of New Paltz, and site plan approval by the Town Planning Board in accordance with § 140-52 of the Code of New Paltz.
C.
No passive adult use, as defined herein, shall be located within 500 feet of any zoning district which is zoned for residential use, or within 500 feet of any existing residential use in the I-1 Light Industrial District.
D.
No active adult use, as defined herein, shall be located within 1,000 feet of any zoning district which is zoned for residential use, or within 1,000 feet of any existing residential use in the I-1 Light Industrial District.
E.
No active or passive adult use shall be located within 1,000 feet of any sensitive use or a sensitive use for which a completed application has been received or for which a building permit has been issued by the Town.
F.
No active or passive adult use shall be located within 1,500 feet of another active or passive adult use, or an adult use for which a completed application has been received by the Town.
§ 140-93 Review of applications and renewal of special use permits; preexisting uses.
A.
Local procedure.
(1)
Application.
(a)
Application for a special use permit pursuant to this section shall be upon forms issued by and filed with the Planning Board. The application for a special permit shall be submitted, with any required fee, to the Building Inspector. A completed application for an adult use shall include:
[1]
Description and location of property;
[3]
A narrative statement describing the applicant's proposed business plan, including a description of the operation, hours of operation, provisions for parking and traffic; and
[4]
Plans to avoid the deleterious secondary impacts associated with adult uses, including increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in surrounding residential areas.
(b)
The Building Inspector shall forward complete applications to the Planning Board for review, public hearing, and further action, if necessary.
(2)
Operating standards for special use permit. The following standards for a special permit are intended to ensure that any proposed adult use is established in harmony with adjoining land uses, and will not adversely affect the public health, safety and welfare of the community, or adversely impact the neighborhood immediately surrounding the proposed use, or other areas of the Town of New Paltz. Before issuing a special permit, the Planning Board shall find and determine that:
(a)
The proposed location of the use is within the I-1 zone, and is in compliance with all setback requirements from sensitive, residential or other land uses;
(b)
The proposed location of the adult use has adequate parking and access, including adjoining streets and highways, sufficient to handle increased traffic from the use;
(c)
Adjoining properties, highways and streets, and residential areas, particularly existing residences and sensitive uses, are adequately buffered from any potential adverse impacts associated with adult uses, including excessive noise, lighting or other visual impacts, and traffic; and
(d)
The applicant's plan to avoid the deleterious secondary impacts associated with adult uses is adequate.
(3)
Public hearing. Upon receipt of a completed application, the Planning Board shall schedule a public hearing within 30 days. A notice of time and place of the public hearing shall be published at least 10 days before the hearing in a newspaper of general circulation in the Town. Within 62 days of the close of the public hearing, the Planning Board shall take action on the application.
B.
Annual review.
(1)
Annual report. The Building Inspector or his/her designee shall be responsible for conducting an annual review of adult uses operating under special use permits no later than one month before the anniversary of permit expiration, and shall report his/her findings to both the owner and the Planning Board. In conducting such review, the following issues shall be considered:
(2)
Fee. The fee for annual review shall be determined by resolution of the Town Board. Upon receipt of such fee, the Building Inspector or his/her designee shall certify to the Planning Board, in writing, that the adult use is in compliance with the approved site plan and operating standards for the special use permit.
(3)
Noncompliance. If the Building Inspector determines that the adult use operation is not in compliance with the conditions and operating standards of the special use permit, the Building Inspector shall direct the owner/operator to bring the operation into compliance. If the operation is not brought into compliance within 30 days, the Building Inspector shall direct the Planning Board to commence proceedings to terminate the special permit. If the Building Inspector determines that there is an immediate danger to the health, safety and welfare of the area due to such noncompliance, the Building Inspector may suspend the Special Permit, pending review and determination of the Planning Board.
(4)
Termination of special use permit. Special use permits for adult uses may be terminated:
C.
Special use permit renewal.
(1)
Special use permits issued for adult uses shall be subject to annual renewal as provided under this section. The application for renewal of the special use permit shall be submitted, with any required fee, to the Building Inspector at least one month prior to the expiration of the permit, in which case the expiration date of the permit shall be extended until the date of the Planning Board's action on the application for renewal. Failure to submit such renewal application may be grounds for termination of the special use permit for noncompliance pursuant to § 140-93B(3).
(2)
Upon receipt, the Building Inspector shall conduct an inspection and prepare a report to the Planning Board as to the applicant's compliance with the Town Code and with the conditions and operating standards of the special use permit. The Planning Board shall consider the reports of the Building Inspector, Town Engineer and any other Town departments. In the event that noncompliance issues or violations are discovered, the Planning Board shall conduct a public hearing and provide notice to the special use permit holder, prior to any action to terminate or renew the special permit. An application for renewal shall be approved when the Planning Board determines that the management and operation of the adult use has conformed with the requirements of the Town Code, the conditions of the special use permit and with site plan approval. In the event that the Planning Board approves the renewal application with modifications or denies approval, it shall make specific findings as to the grounds for its action. The Planning Board Clerk shall file a copy of the Planning Board determination, together with any conditions of approval, with the Town Clerk and the Building Inspector and shall mail a copy to the applicant within five business days of filing with the Town Clerk.
D.
Preexisting adult uses. Any adult use existing as of the effective date of this article shall be deemed a nonconforming use and shall be subject to all conditions and provisions relating to nonconforming uses in the Town of New Paltz as set forth in Article VII of the Code of the Town of New Paltz.
§ 140-94 Penalties for offenses.
A.
Every person who shall fail to comply with a violation order issued by the enforcement officer within the time limit stated thereon shall be deemed to have committed an offense against this chapter and also shall be liable for any such violation or the penalty therefor.
B.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violations shall constitute a separate additional violation.
C.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town. Such penalty shall be collectible by and in the name of the Town for each week that such violation shall continue.
D.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.