A.
Purpose. It is the purpose of this section to regulate
the creation, opening, commencement or operation of adult use entertainment
establishments, as defined herein, in order to achieve the following
primary purposes:
(1)
To preserve the character and quality of life in the
Town of Sweden neighborhoods and business areas.
(2)
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as decreased property
values; attraction of transients; parking and traffic problems; increased
crime; loss of business for surrounding non-adult uses; and deterioration
of neighborhoods.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect retail trade.
(6)
To restrict minors' access to adult use entertainment
establishments.
(7)
To maintain the general welfare, safety and morals
for the Town of Sweden residents.
B.
Adult uses permitted.
(1)
Notwithstanding anything contained in this chapter
of the Town of Sweden Code, adult use entertainment establishments,
as herein defined, shall only be allowed in the Adult Use Entertainment
Establishment Overlay (AUO) District and upon issuance of a special
use permit as specifically set forth in this chapter and only to the
extent that they are consistent with this chapter and the New York
State Penal Law relating to exposure, obscenity or lewdness.
(2)
The AUO District shall be a mapped overlay zoning
district restricted to those lands zoned I-1 Heavy Industrial District
by the Town Board and in accordance with the standards set forth herein.
C.
Adult use entertainment establishment special use permit; standards. The Town Planning Board may approve a special use permit for an adult use entertainment establishment as first provided for in § 175-44C and Subsection B of this section, provided that the following standards are maintained:
(1)
All adult uses shall be conducted in an enclosed building.
(2)
Regardless of the building location or distance, no
one who is passing by an enclosed building having a use governed by
the provisions of this chapter shall be able to visually see any specified
anatomical area or any specified sexual activity by virtue of any
display which depicts or shows said area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
(3)
No building, vehicle or other device associated with
an adult use entertainment establishment shall be painted in garish
colors or such other fashion as will effectuate the same purpose as
a sign without the Planning Board's approval.
(4)
No loudspeakers or sound equipment shall be used as
part of an adult use entertainment establishment that can be discerned
by the public from public and/or semipublic areas.
(5)
Parking of registered vehicles on the site shall be
permitted only during the hours of operation.
(6)
No dwelling unit shall be allowed as part of any adult
use entertainment establishment.
D.
Regulations.
(1)
Purpose. It is the purpose of the AUO District to
establish supplemental regulations to the underlying I-1 Heavy Industrial
District that recognize the specified purpose and particular needs
for the Town to regulate this use as has been established by this
Zoning Ordinance amendment, dated August 27, 1996, and as may be amended
from time to time.
(2)
Establishment of overlay district. The Town of Sweden
Official Zoning Map shall delineate the location of the site(s) for
which the Town Board has approved the AUO District zoning.
(3)
Interpretation of AUO District boundaries. The Code
Enforcement Officer shall be responsible for interpreting the AUO
District boundaries delineated on the Official Zoning Map or a site
inspection. Anyone aggrieved by this interpretation may appeal to
the Zoning Board of Appeals.
(4)
AUO District requirements. Where the AUO District
zoning has been established, the requirements of the overlay district
shall be met in addition to any requirements specified for site development
as contained in either of the respective zoning districts, through
site plan approval and a special use permit approved by the Planning
Board.
(5)
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 I-1 Heavy Industrial District
on the Official Zoning Map to the 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 of the Town
Code for rezoning.
(6)
AUO District rezoning criteria. The following criteria
shall be met before the Town Board may entertain an application for
the rezoning of I-1 Heavy Industrial land to the AUO District:
(a)
The property lines of any adult use entertainment
establishment must be at least 1,000 feet from the boundary line of
any adjacent municipality.
(b)
The property lines of any adult use entertainment
establishment must be at least 1,000 feet from the property line of
any and all residences or residentially zoned land, hospitals, 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.
(c)
No adult use entertainment establishment shall
be allowed on the same parcel with another such establishment or within
1,000 feet of another parcel having an adult use entertainment establishment.
(d)
Each adult use entertainment establishment shall
have direct access to a public street or highway.
(e)
Each AUO 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.
(7)
Application for AUO rezoning. Applications to be considered
by the Town Board shall be made in writing to the Code Enforcement
Officer 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 Code Enforcement
Officer, 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:
(a)
A parcel location map and boundary line survey
of the property.
(b)
The portion of the parcel proposed to be developed
for the adult use entertainment establishment.
(d)
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.
(e)
A completed environmental assessment form.
(8)
(9)
AUO prohibited and permitted uses.
(a)
Adult theaters and adult motion-picture theaters
are prohibited.
(b)
All other adult use entertainment establishments
as defined herein may be created, opened, commenced or operated only
within the I-1 Heavy Industrial District upon Town Board rezoning
and mapping of said site to the AUO District overlay and will be further
subject to the requirements set forth in this chapter.
