North Hempstead City Zoning Code
ARTICLE XXIA
Adult Uses
§ 70-201.1 Legislative findings and intent.
A.
In the adoption 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.
B.
It is further declared that the location of these uses in regard to areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of North Hempstead.
C.
These special regulations are itemized in this article to accomplish the primary purposes of preventing a concentration of these uses in any one area, preventing adverse secondary impacts of such uses on surrounding neighborhoods and restricting their accessibility to minors.
§ 70-201.2 Definitions.
As used in this article, the following terms are defined as follows:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily 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 are not open to the public generally but exclude any minor by reason of age.
Any of the other six uses defined in this section, as well as any other establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
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, duly licensed massage therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This 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.
[Amended 11-18-2008 by L.L. No. 11-2008]
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.
Either:
One or more of:
§ 70-201.3 Restrictions.
A.
Notwithstanding any provision of this chapter to the contrary, in addition to all other restrictions set forth in this chapter or elsewhere in the Town Code, adult uses shall be restricted as to location in the following manner:
(1)
Any adult use may be located only in an Industrial B District.
(2)
Any adult use shall not be located within a two-hundred-fifty-foot radius of any area zoned for residential use, including any such area within a village within the Town of North Hempstead.
(3)
Any adult use shall not be located within a two-thousand-foot radius of another such use.
(4)
Any adult uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship or public park, playground or playing field.
(5)
No more than one adult use shall be located on any lot.
B.
All measurements required by this section shall be made from the lot lines of the lot on which the proposed adult use is to be located.
§ 70-201.4 Termination of nonconforming adult uses.
A.
By amortization, the right to maintain any of the above uses as a legal nonconforming use shall terminate in accordance with the following schedule:
Dollar Amount of Capital Investment as of the Effective Date of This Article | Date Before Which Use Shall Terminate | |
|---|---|---|
$0 to $8,000 | September 1, 1995 | |
$8,001 to $13,000 | September 1, 1996 | |
$13,001 to $24,000 | September 1, 1997 | |
$24,001 to $35,000 | September 1, 1998 | |
$35,001 or more | September 1, 1999 |
B.
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 effective date of this Article, exclusive of the fair market value of the structure in which the use is located.
C.
If any two or more adult uses lawfully existing upon the effective date of this Article shall become legally nonconforming by the sole basis of their distance from each other, then the adult use that has been in lawful existence for the longer or longest period of time shall be permitted to remain, and such other lawfully existing adult use(s) shall be subject to amortization as provided herein.
§ 70-201.5 Severability.
In the event that any section or provision of this article is declared to be invalid by a court of competent jurisdiction, the validity of the article as a whole or any part thereof shall not be affected thereby.