[Effective 10-2-1993]

A. In the execution of this article it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened 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.

B. 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 Hempstead.

C. These special regulations are itemized in this article to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

As used in this article, the following adult uses are defined as follows:

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN THEATER - A drive in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

MASSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

Notwithstanding any provision of this article to the contrary, the adult uses defined above shall be restricted as to location in the following manner in addition to any other requirements of the Building Zone Ordinance or Town Code:

A. Any of the above uses shall not be located within a five-hundred-foot radius of any residence district or any edu-cultural district.

B. Any of the above uses shall not be located within a five-hundred-foot radius of another such use.

C. Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.

D. Not more than one of the above uses shall be located on any lot.

E. By amortization, the right to maintain any of the above uses as a legal nonconforming use shall terminate in accordance with the following schedule:

F. The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the effective date of this article, exclusive of the fair market value of the structure in which the use is located.

G. If any two or more adult uses lawfully existing upon the effective date of this article shall become legally nonconforming by the sole basis of their distance from each other, then the adult use that has been in lawful existence for the longer or longest period of time shall be permitted to remain, and such other lawfully existing adult use(s) shall be subject to amortization as provided herein.