(A) The Board of Appeals by an affirmative two- thirds vote, may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district, except as herein qualified, from which they are otherwise prohibited by this chapter, provided, however, that appropriate conditions and safeguards shall be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhood.
(1) Landing field or landing strip.
(2) Cemetery or mausoleum.
(3) Circus or carnival grounds, but not within 300 feet of any R District.
(4) Commercial amusement or recreational development for temporary or seasonal periods.
(5) Area for dumping or disposal of trash or garbage.
(6) Riding stable.
(7) Extraction of topsoil, gravel, sand, or other natural resources in urban areas.
(8) Greenhouse or nursery, provided that any such structure shall not be less than 100 feet from all property lines.
(9) Hospital or institution, provided that any hospital or institution permitted in any R District shall be located on a site of not less than five acres, buildings shall not occupy more than 10% of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height. The Town Board may also permit such buildings to exceed the height requirements otherwise established by this chapter.
(10) Private club or building of a public or semipublic organization.
(11) Any public building erected and used by any department of a municipal, county, state or federal government.
(12) Radio or television tower or broadcasting station.
(13) Trailer camp in a C2 Commercial District or within 1,500 feet of the latter, provided such trailer camp shall comply with the following and such additional requirements as may be deemed
necessary for proper development and protection of surrounding area:
(a) All appropriate state and county sanitation regulations shall be strictly observed.
(b) At least 1,500 square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than 20 feet to any property line; and a clearance of not less than 15 feet shall be maintained between the trailer coaches on all sides.
(c) Trailer coach spaces shall abut upon a hard-surfaced driveway or accessway of not less than 25 feet in width.
(d) Service building or other facilities for bathing, laundry and sanitation, as required by the state and local health regulations shall be located at least 20 feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks.
(e) Wherever practicable, space shall be reserved for recreation and a playground.
(14) Off-street parking area in an R District when adjoining a C or I District, provided the following standards are met:
(a) No business involving the repair or service to vehicles, or sale or display thereof, shall be conducted from or upon such parking areas.
(b) No structures shall be erected or remain on any portion of the parking area.
(c) No signs shall be erected on the parking area except as approved by the Albany Plan Commission. No signs shall project beyond the property line of the premises.
(d) Parking areas shall be used for the parking of patrons’ private passenger vehicles only and no charge shall be made for parking within such premises.
(e) The parking area shall be set back from the street in accordance with the required front yard of the R District and shall observe a minimum side yard of seven feet on the side of the lot adjoining a dwelling use.
(f) The parking area shall be improved and screened in accordance with standards and requirements established by the Town Board when the permit is granted.
(15) Auto wrecking yard or junk yard, but only when located inside a building or when wholly enclosed by a wooden fence not less than eight feet in height and in which the openings or cracks are less than 15% of the total area.
(16) (a) ADULT ENTERTAINMENT ESTABLISHMENT. A business located in the town that meets any of the following definitions. All definitions contained in the chapter shall be the same as those set forth in § 113.03.
(b) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(c) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives 25% or more of its revenues to sale, rental for any form of consideration, or any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
3. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.”
4. Regardless of the percentage of revenues from adult materials defined herein, any business which devotes any portion of its interior business space or advertising, for any form of consideration or viewing of any of the adult materials defined herein shall be considered to be an “adult bookstore,” “adult novelty store” or “adult video store” as defined by and governed by this chapter.
(d) ADULT CABARET. A nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear semi-nude or in a state of semi-nudity; (b) live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas” or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(e) ADULT MOTEL. A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical area” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers of a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(f) ADULT MOTION PICTURE THEATER. A commercial establishment, where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
(g) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
(h) ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(I) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(j) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities,” or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas.” The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(k) SEMI-NUDE MODEL STUDIO. Any place where a person who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(l) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purposes of “specified sexual activities” when one or more of the persons is semi-nude. The definition of sexually oriented businesses shall not include any establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(m) Any adult entertainment establishment shall be located in Industrial Reserve (IR) districts.
(n) Any adult entertainment establishment shall be located no less than 1,000 feet from any church, school or other public assembly building or structure. Additionally, the adult entertainment establishment shall be located no less than 800 feet from any occupied residence.
(B) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located.
(C) Community unit plan. The owner or owners of any tract of land comprising an area of not less than ten acres may submit to the Town Board a plan for the use and development of all the tract of land for residential and allied purposes. The development plan shall be referred to the Plan Commission for study and report and for public hearing. Notice and publication of such public hearing shall conform to the procedure prescribed in § 154.09 for hearings on changes and amendments. If the Commission approves the plans, these shall then be submitted to the Town Board for consideration and action. The approval and recommendation of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the following conditions:
(1) That property adjacent to the area included in the plan will not be adversely affected, and to this end the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.
(2) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals and general welfare.
(3) That the buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space or community activities, including churches.
(4) That the average lot area per family exclusive of the area occupied by streets, shall not be less than the lot area per family required in the district in which the development is located.
(5) That sufficient area is reserved for play and recreational facilities.
(Ord. - -,passed 11-24-80; Am. Ord. 1999-8, passed 5-24-99; Am. Ord. 2006-5, passed 3-27-06)