Sidney Village City Zoning Code
ARTICLE V
Industrial Districts
§ 215-14 I-1 General Industrial Districts.
I-1 General Industrial Districts shall be regulated as follows:
Uses prohibited.
All uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, fumes, noise, vibration or similar substances or conditions, provided that any uses may be permitted if approved by the Planning Board and subject to the securing of a special use permit therefrom and to such conditions, restrictions and safeguards as may be deemed necessary by the Planning Board for the purpose of protecting the health, safety, morals or the general welfare of the community.
Area, height, density and yard requirements: none required.
The following adult uses shall be allowable only in an I-1 District:
Purposes and considerations.
In the execution of this subsection 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.
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Sidney.
These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
"Restricted area" shall mean any property located within 1,000 feet of the proposed adult use.
The adult uses as defined in Article I of this chapter are to be restricted as to location in the following manner, in addition to any other requirements of this Code:
Any of the above uses shall not be located within a two-hundred-foot radius of any area zoned for residential use.
Any of the above uses shall not be located within a one-half-mile radius of another such use.
Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field and day-care center.
The restrictions enumerated in Subsection E(2) above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this subsection will be observed;
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
No more than one of the adult uses as defined above shall be located on any lot.
Certificate of occupancy required.
No business or person shall construct, establish or conduct any adult entertainment use within the Village of Sidney unless he has applied for and obtained a certificate of occupancy as provided for in this subsection and Chapter 81, entitled "Building Construction and Fire Prevention," of this Municipal Code, from the Building Inspector.
Any person desiring to procure a certificate of occupancy in accordance with this subsection for adult entertainment use shall make application therefor to the Building Inspector upon a form to be furnished by the Building Inspector. Such form shall contain but shall not be limited to the following information:
The name, address, date of birth and social security number or federal employer identification number of the applicant.
Whether the applicant is an individual, partnership, corporation or other association.
If a partnership, the names, addresses, dates of birth and social security numbers of all persons having an interest in the partnership.
If a corporation, the names, addresses, dates of birth and social security numbers of all officers, directors and managers.
If a corporation, the name of each stockholder owning 10% or more of the total outstanding shares of any class of stock. There shall also be given the number of shares held by the stockholder and the percentage of the total outstanding shares of stock.
The name, address, date of birth and social security number of each and every employee and manager of the premises.
If any of the persons named in Subsection E(5)(b)[1], [3], [4], [5] or [6] are citizens of a country other than the United States, their names and country of citizenship.
The applicant's place of previous employment during the past five years.
Whether any person mentioned in Subsection E(5)(b)[1], [3], [4], [5] and [6] has been engaged as an operator or manager of an adult entertainment cabaret or similar business within the last five years and, if so, the name of such business, its address and the length of time such person operated such business.
Whether any person mentioned in Subsection E(5)(b)[1], [3], [4], [5] and [6] has ever had a previous adult entertainment cabaret certificate of occupancy or similar municipal approval revoked or suspended and whether such person has been convicted of operating or managing such a business without such municipal approval and, if so, the full particulars.
Whether any person mentioned in Subsection E(5)(b)[1], [3], [4], [5] and [6] has been convicted of a felony or misdemeanor and, if so, the full particulars.
Whether any person mentioned in Subsection E(5)(b)[1], [3], [4], [5] and [6] has ever been convicted of or adjudicated as violating any ordinance or law relative to the sale of intoxicating liquor.
The name of the adult entertainment cabaret under which the applicant will operate, and the location.
Whether the premises upon which the proposed adult entertainment cabaret is to be conducted comply with the requirements of the New York State Uniform Fire Prevention and Building Code, and any amendments thereto, and those relating to health and sanitation.
Whether the premises are to be used for adult entertainment cabarets and, if so:
The nature of the entertainment to be produced.
The area of the floor space to be used by the public, the maximum number of rooms to be occupied by the public, the maximum number of tables in each occupied room and the number of entrances and exits.
Whether any part of the premises to be used will be used for a motel and, if so, the full particulars.
Affixed to the application shall be two copies of a scale drawing showing the dimensions of all occupied rooms; the locations of all tables; the width of aisles between tables; the width of aisles between tables and walls, posts, poles, bars, stages and other fixtures, appurtenances and appliances; and the location of all exits, exit signs and emergency lighting, as shown on a plan or drawing prepared by a licensed engineer or architect to the satisfaction of the Building Inspector.
The County Health Department permit number and any conditions of such approved permit, if applicable.
Whether adult entertainment use activities shall be conducted every day of the week or be limited to Friday, Saturday and Sunday or be limited to some other specified day or days of the week.
In addition to the foregoing, the applicant shall supply any and all reasonably relevant information concerning its application to operate an adult entertainment use when requested to do so by authorized officials of the Village.
The applicant shall sign the following affidavit in connection with all applications for a certificate of occupancy for an adult entertainment cabaret:
State of New York: County of Delaware, SS: _________________________, being duly sworn, deposes and says: I am the ________________________, named applicant, and make this affidavit for the purpose of obtaining from the Village of Sidney a certificate of occupancy to operate an adult entertainment use as provided in this subdivision law relating to and regulating adult entertainment use, regulating the conduct of persons therein, defining offenses and providing penalties for the violation thereof. I have personal knowledge of the matters stated in the foregoing application, and the statements therein contained are true. |
Sworn to before me this ________day of______________________, _____ |
Notary Public: Delaware County |
Said application shall be signed and duly verified by the applicant before an officer authorized to administer oaths. No such applications shall be granted to conduct such adult entertainment use on premises which do not conform to the requirements of this subsection and all laws and regulations of the State of New York and all ordinances and regulations of the Village of Sidney.
Each applicant shall submit two sets of fingerprints to the Village of Sidney Police Department. Said fingerprints shall be taken by the Village of Sidney Police Department, and the applicant shall pay a fee as set forth by resolution of the Board of Trustees. If the applicant is a company or corporation, then two full sets of fingerprints of the principal officer of said company or corporation shall be provided in accordance with this subsection. The Police Department shall forward the applicant's fingerprints to the New York State Division of Criminal Justice Services (DCJS) and shall be responsible for reviewing criminal history record information disseminated by the DCJS. A certified check or money order, in the amount specified by and made payable to the DCJS to cover the cost of processing fingerprints, shall accompany the application.
Such application shall be reviewed by the Police Department and the Building Inspector for a full investigation as to the truth of the statements contained therein. The Police Department and the Building Inspector shall, within 30 days after any application has been referred to them, furnish a report containing the result of their investigations. The Building Inspector shall grant the certificate of occupancy unless there are grounds why such a certificate of occupancy should not be granted, in which case, the grounds therefor shall be stated in writing and signed by the Building Inspector and delivered to the applicant.