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HomeMy WebLinkAbout1996_2_28_Local_Law_No_5 LOCAL LAW NO. 5- 1996 This Local Law shall be known as "Temporary Moratorium on the Creation, Operation and Establishment of any `adult-oriented' land uses within the Town of Mamaroneck". Section 1. Definitions: A. "Adult-oriented" business. Any establishment, including but not limited to adult stores, theaters, and cabarets open to the public where a substantial or significant portion of the enterprise is devoted to sexually explicit products for sale or rent or offering live entertainment of a sexually suggestive nature, which must by law restrict access to exclude minors given the sexually explicit nature of the business or material. B. Adult Cabaret. Any public or private establishment, with or without a liquor license which offers nude or topless dancing, strippers or exotic dances or other similar entertainment to persons age 18 or older given the sexually explicit nature and content of the performance. C. Adult Store. Any establishment where a substantial or significant portion of the business is dedicated to the sale or rental of sexually explicit merchandise including, but not limited to books, magazines, periodicals, films, photographs, video tapes, and other novelty items, which must, by law restrict access to such material to persons age 18 or older given the sexually explicit nature and content of the goods. Any establishment where 20% or more of the publicly accessible floor area is dedicated to the sale or rental of sexually explicit merchandise shall be deemed substantial and significant and subject to regulation under this Local Law. D. Adult Use. Any business or enterprise, including but not limited to adult stores, cabarets, and theaters, where a substantial or significant portion of the businesses is dedicated to the sale, rental or display of sexually explicit merchandise, services, or entertainment and which must, by law, restrict access to such material or services to persons age 18 or older given the sexually explicit nature and content of the goods or services. Any establishment where 20% or more of the retail sales are derived from the sale or rental of sexually explicit merchandise or services shall be deemed substantial and significant and subject to regulation under this Chapter. Any establishment that advertises sexually explicit merchandise or services for sale or rent, which advertisements are visible outside the confines of the building in which the use is located, to the general public by signage, photographs, or any other means which conveys the message that sexually explicit merchandise or services are available, shall be deemed an "adult use" and subject to regulation as such regardless of how much of the business is devoted to the sale of sexually explicit material. Section 2. Purpose and Intent: This moratorium is intended to provide the Town's staff adequate time to research, draft, and propose amendments to the Town Zoning Code that will prevent the unrestricted, unregulated proliferation of "adult-oriented" businesses in Mamaroneck, which by their nature adversely impact both their immediate neighborhood as well as the larger community. This moratorium will enable the town to propose Zoning Code amendments that preserve and protect the nature and character of our Town consistent with the US Constitution. Page 2 Section 3. Findings: The Mamaroneck Town Board hereby finds that "adult-oriented" businesses have by their very nature, a deleterious effect on the community in which they operate. Frequently, areas in which "adult- oriented" businesses operate suffer an increase in crime and a deterioration in the economic, moral, and social character. The impacts associated with "adult-oriented" businesses are not limited to the immediate neighborhood, but are found to affect a larger surrounding area as well. The Town Board concludes that the unregulated establishment of "adult-oriented" businesses can contribute to the degradation and deterioration of entire neighborhoods reducing property values, negatively impacting the overall quality of life and encouraging families and businesses to relocate. The social decline attributable to the establishment of "adult-oriented" businesses can, however, be controlled and minimized by careful land-use planning. The Town Board further finds that the unrestrained proliferation of "adult-oriented" land-uses is inconsistent with the Town's development objectives, existing patterns of growth, commercial and residential, and the Town's comprehensive plan as embodied in the Town Zoning Code, as a primary residential, family-oriented community with discrete areas of commercial activity. Section 4. Scope and Duration of Moratorium: A. This moratorium prohibits the creation, opening, and establishment of any new adult-oriented business, including adult stores, theaters and cabarets within the Town during the term of this moratorium. B. This moratorium shall be in effect until September 15, 1996. During the term of this moratorium, the Planning Board, the Zoning Board of Appeals, the Town Clerk, and Building Inspector of the town of Mamaroneck are individually and jointly prohibited from accepting or reviewing any application or approving any application, permit, or any other document authorizing the establishment or operation of any "adult-oriented" business or land-use. Section 5. Penalties: A. Any person, corporation, partnership, or entity that establishes, constructs, or installs any building, improvement, structure, or conducts or operates any land-use in violation of the provisions of this Local Law, shall be guilty of a violation and, upon conviction, subject to a penalty of up to $500.00 for each day that such violation continues to exist. A violation of this Local Law shall be treated as a violation of the Town Zoning Ordinance. B. Where a violation continues and/or any person or entity refuses to conform to the plain terms of this law, the Town shall have the right to seek and obtain injunctive relief to compel and enforce this moratorium. Page 3 Section 6. Severability: Should any provision of this Local Law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law unconstitutional provision. Section 7. Superseding A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law with respect to their application to the subject matter of this Local Law for the term of this Local Law. B. This Local Law shall modify and supersede with respect to its application and for the term of this Local Law the following provisions of the Town Law of the State of New York: Sections 138, 267-a, 267-b, 274-b, 276 and 277. Section 8. Hardship: A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law unnecessary hardship shall not be the mere delay in being permitted to make an application for a building permit, a variance, special permit, site plan, wetlands permit, or subdivision during the pendency of this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall within 30 days of receipt of such application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 15 days of the lose of said Public Hearing render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of the filing of said decision in the Office of the Town Clerk. Section 9. Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. Local Law No. 5 – 1996 Moratorium -Adult Entertainment Business This Local Law shall be known as "Temporary Moratorium on the Creation, Operation and Establishment of any `adult-oriented' land uses within the Town of Mamaroneck". Section 1. Definitions: A. "Adult-oriented" business. Any establishment, including but not limited to adult stores, theaters, and cabarets open to the public where a substantial or significant portion of the enterprise is devoted to sexually explicit products for sale or rent or offering live entertainment of a sexually suggestive nature, which must by law restrict access to exclude minors given the sexually explicit nature of the business or material. B. Adult Cabaret. Any public or private establishment, with or without a liquor license which offers nude or topless dancing, strippers or exotic dances or other similar entertainment to persons age 18 or older given the sexually explicit nature and content of the performance. C. Adult Store. Any establishment where a substantial or significant portion of the business is dedicated to the sale or rental of sexually explicit merchandise including, but not limited to books, magazines, periodicals, films, photographs, video tapes, and other novelty items, which must, by law restrict access to such material to persons age 18 or older given the sexually explicit nature and content of the goods. Any establishment where 20% or more of the publicly accessible floor area is dedicated to the sale or rental of sexually explicit merchandise shall be deemed substantial and significant and subject to regulation under this Local Law. D. Adult Use. Any business or enterprise, including but not limited to adult stores, cabarets, and theaters, where a substantial or significant portion of the businesses is dedicated to. the sale, rental or display of sexually explicit merchandise, services, or entertainment and which must, by law, restrict access to such material or services to persons age 18 or older given the sexually explicit nature and content of the goods or services. Any establishment where 20% or more of the retail sales are derived from the sale or rental of sexually explicit merchandise or services shall be deemed substantial and significant and subject to regulation under this Chapter. Any establishment that advertises sexually explicit merchandise or services for sale or rent, which advertisements are visible outside the confines of the building in which the use is located, to the .general public by signage, photographs, or any other means which conveys the message that sexually explicit merchandise or services are available, shall be deemed an "adult use" and subject to regulation as such regardless of how much of the business is devoted to the sale of sexually explicit material. Section 2. Purpose and Intent: This moratorium is intended to provide the Town's staff adequate time to research, draft, and propose amendments to the Town Zoning Code that will prevent the unrestricted, unregulated proliferation of "adult-oriented" businesses in Mamaroneck, which by their nature adversely impact both their immediate neighborhood as well as the larger community. This moratorium will enable the town to propose Zoning Code amendments that preserve and protect the nature and character of our Town consistent with the US Constitution. Section 3. Findings: The Mamaroneck Town Board hereby finds that "adult-oriented" businesses have by their very nature, a deleterious effect on the community in which they operate. Frequently, areas in which "adult-oriented" businesses operate suffer an increase in crime and a deterioration in the economic, moral, and social character. The impacts associated with "adult- oriented" businesses are not limited to the immediate neighborhood, but are found to affect a larger surrounding area as well. The Town Board concludes that the unregulated establishment of "adult-oriented" businesses can contribute to the degradation and deterioration of entire neighborhoods reducing property values, negatively impacting the overall quality of life and encouraging families and businesses to relocate. The social decline attributable to the establishment of "adult-oriented" businesses can, however, be controlled and minimized by careful land-use planning. The Town Board further finds that the unrestrained proliferation of "adult-oriented" land- uses is inconsistent with the Town's development objectives, existing patterns of growth, commercial and residential, and the Town's comprehensive plan as embodied in the Town Zoning Code, as a primary residential, family-oriented community with discrete areas of commercial activity. Section 4. Scope and Duration of Moratorium: A. This moratorium prohibits the creation, opening, and establishment of any new adult- oriented business, including adult stores, theaters and cabarets within the Town during the term of this moratorium. B. This moratorium shall be in effect until September 15, 1996. During the term of this moratorium, the Planning Board, the Zoning Board of Appeals, the Town Clerk, and Building Inspector of the town of Mamaroneck are individually and jointly prohibited from accepting or reviewing any application or approving any application, permit, or any other document authorizing the establishment or operation of any "adult-oriented" business or land-use. Section 5. Penalties: A. Any person, corporation, partnership, or entity that establishes, constructs, or installs any building, improvement, structure, or conducts or operates any land-use in violation of the provisions of this Local Law, shall be guilty of a violation and, upon conviction, subject to a penalty of up to $500.00 for each day that such violation continues to exist. A violation of this Local Law shall be treated as a violation of the Town Zoning Ordinance. B. Where a violation continues and/or any person or entity refuses to conform to the plain terms of this law, the Town shall have the right to seek and obtain injunctive relief to .compel and enforce this moratorium. Section 6. Severability: Should any provision of this Local Law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law unconstitutional provision. Section 7. Superseding: A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law with respect to their application to the subject matter of this Local Law for the term of this Local Law. B. This Local Law shall modify and supersede with respect to its application and for the term of this Local Law the following provisions of the Town Law of the State of New York: Sections 138, 267-a, 267-b, 274-b, 276 and 277. Section 8. Hardship: A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law unnecessary hardship shall not be the mere delay in being permitted to make an application for a building permit, a variance, special permit, site plan, wetlands permit, or subdivision during the pendency of this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall within 30 days of receipt of such application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 15 days of the lose of said Public Hearing render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of the filing of said decision in the Office of the Town Clerk. Section 9. Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State.