Valley Stream City Zoning Code
ARTICLE XXXIII
Adult Uses
§ 99-3301 Legislative intent.
A.
It is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics to the community. 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 our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Valley Stream.
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.
§ 99-3302 Definitions. [1]
As used in this article, adult uses 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 open to the public generally, but excludes any minor by reason of age.
An establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily open to the public generally or is restricted to private membership, but excludes any minor by reason of age.
A motel which is 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 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 is open to the public generally, but excludes any minor by reason of age.
Any of the 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 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.
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 open to the pubic generally, but excludes any minor by reason of age.
Either:
One or more of:
§ 99-3303 Restrictions.
A.
Notwithstanding any provision of this Code to the contrary, in addition to all other restrictions and regulations set forth in this chapter and this Code, adult uses shall be restricted as to location in the following manner:
(1)
Any of the above uses shall not be located within a five-hundred-foot radius of any residence district.
(2)
Any of the above uses shall not be located within a one-thousand-foot radius of another such use.
(3)
Any of the above uses shall not be located within a one-thousand-foot radius of any school, church, synagogue or other place of religious worship, park, playground or playing field.
(4)
Not more than one of the above uses shall be located on any lot.
§ 99-3304 Termination of nonconforming adult uses.
A.
By amortization, the right to maintain any adult use 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.