Rezoning procedure.
Anyone desiring to establish an adult use entertainment establishment shall apply to the Town Board for rezoning of any parcel of land zoned GI General Industrial on the Official Zoning Map to the Adult Use Overlay (AUO) District. In the event that the Town Board decides to hear the application for rezoning, it shall follow all procedures set forth elsewhere in this
Chapter 500: Zoning, of the Town Code for rezoning.
AUO District rezoning criteria.
The following criteria shall be met before the Town Board may entertain an application for rezoning of GI General Industrial land to the AUO Adult Use Entertainment Establishment Overlay District:
(1) The property lines of any adult use entertainment establishment must be at least 500 feet from the boundary line of any adjacent municipality.
(2) The property lines of any adult use entertainment establishment must be at least 500 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other religious places of worship), parks, playgrounds, places or other open space areas where large numbers of minors may congregate or governmental facilities.
(3) No adult use entertainment establishment shall be allowed on the same parcel with another such establishment or within 500 feet of another parcel having an adult use entertainment establishment.
(4) Each adult use entertainment establishment shall have direct access to a public street or highway.
(5) Each adult use entertainment establishment overlay zone shall be in effect only for the time limits established by the Planning Board for such use as a condition of any special use permit that may be issued by said Planning Board. Upon the termination of such special use permit, the Town Board shall commence action, within 30 days, to amend the Official Zoning Map by eliminating the specified AUO District delineation.
Application for AUO rezoning.
Applications to be considered by the Town Board shall be made, in writing, to the Director of Planning, head of the Building Department, or similar officer or designee on forms provided by the Town. Such application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Director of Planning, head of the Building Department, or similar officer or designee, including but not limited to a scaled site plan prepared by and certified by a licensed engineer or land surveyor that contains the following minimum information:
(1) A parcel location map and boundary line survey of the property.
(2) The portion of the parcel proposed to be developed for the adult use entertainment establishment.
(3) An area location map identifying the locations of all uses specified in Subsection F above.
(4) The location of all existing or proposed buildings, site access, off-street parking, signage, site lighting, landscaping, drainage and other features as may be required for the applicant to obtain site plan approval from the Planning Board.
(5) A completed environmental assessment form.
AUO rezoning conditions.
All AUO zoning, prior to being placed on the Official Zoning Map, shall be conditioned upon the applicant obtaining from the Planning Board a special use permit based on the criteria specified in
§ 500-33: Adult use entertainment establishments standards of the Town Code and site plan approval as further specified in
§ 500-37: Purpose et seq. of the Town Code.
