§ 220-30. AUO Adult Use and Entertainment Establishment Overlay District.

A. 

Purpose. It is the purpose of the AUO Adult Use and Entertainment Establishment Overlay District to establish supplemental regulations to the underlying I Industrial District that recognize the specified purpose and particular needs for the Town to regulate this use as has been established by Local Law Number 4 of 1995, and as may be amended from time to time.

B. 

Establishment of overlay district. The Town of Canandaigua Official Zoning Map shall delineate the location of those site(s) for which the Town Board has approved the AUO Zoning District.

C. 

Interpretation of AUO District boundaries. The Zoning 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.

D. 

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 the respective zoning district, through site plan approval or a special use permit approved by the Planning Board.

E. 

Rezoning procedure. Anyone desiring to establish an adult use or entertainment establishment shall apply to the Town Board for rezoning of any parcel of land first zoned I Industrial on the Official Zoning Map. The Town Board, should it decide to hear the application for rezoning, shall follow all procedures set forth elsewhere in Chapter 220 of the Town Code for rezoning.

F. 

Rezoning criteria. The following criteria shall be met before the Town Board may entertain an application for rezoning of land within the Industrial District to the AUO Adult Use and Entertainment Establishment Overlay District:

(1) 

The property lines of any adult use or entertainment establishment must be at least 500 feet from the boundary line of any adjacent municipality.

(2) 

The property lines of any adult use or entertainment establishment must be at least 1,000 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 or other areas where large numbers of minors may congregate, open space or trail or governmental facilities.

(3) 

No adult use or entertainment establishment shall be allowed on the same parcel as another such establishment or other use.

(4) 

Each adult use or entertainment establishment shall have direct access to a public street or highway.

(5) 

Each adult use or 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 permit that may be issued by said Planning Board. Upon the termination of such special permit, the Town Board shall take action within 30 days to amend the Official Zoning Map by eliminating the specified AUO District delineation.

G. 

Application for AUO rezoning. Applications to be considered by the Town Board shall be made in writing to the Zoning Officer (ZO) 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 ZO, 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.

H. 

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 § 220-55 of the Town Code, and site plan approval as further specified in § 220-63 of the Town Code.

I. 

AUO permitted uses.

(1) 

Adult theaters and adult motion-picture theaters are prohibited.

(2) 

All other adult use and entertainment establishments as defined herein may be created, opened, commenced or operated within only the I Industrial District upon the Town Board rezoning and mapping of said site to the AUO District Overlay and subject further to the requirements set forth in Chapter 220 of the Town Code.