Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[Added 2-6-1989 by L.L. No. 1-1989]
A. 
Purposes and considerations.
(1) 
In the execution of this article, it is recognized that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased 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.
(2) 
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 Town of Fishkill.
(3) 
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
C. 
The adult entertainment cabaret use, as defined in Subsection B above, is to be restricted as to its location in the following manner, in addition to any other requirements of this Code:
(1) 
The above use shall not be located within a five-hundred-foot radius of any area zoned for residential use.
(2) 
An adult entertainment cabaret shall not be located within a one-half-mile radius of another such use.
(3) 
An adult entertainment cabaret shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.
(4) 
The adult entertainment cabaret use shall be subject to site plan approval by the Planning Board.
D. 
No more than one adult entertainment cabaret, as defined above, shall be located on any lot or parcel.
E. 
By amortization, the right to maintain a legal nonconforming adult entertainment cabaret use shall terminate in accordance with the following schedule:
Amount of Capital Investment as of Effective Date of This Article
Date Before Which the Use Shall Terminate
$0 to $5,000
January 1, 1990
$5,001 to $8,000
January 1, 1991
$8,001 to $15,000
January 1, 1992
$15,001 to $22,000
January 1, 1993
$22,001 or more
January 1, 1994
NOTE: The term "capital investment," as used above, is defined to mean the initial outlay of money or other consideration by the owner or operator of the use to establish the business as of the date of the enactment of this article, exclusive of the fair market value of the structure in which the use is located.