This report studies the effects of adult entertainment or sex businesses (both terms are used interchangeably throughout this report) on surrounding uses, both residential and commercial. Materials or entertainment opportunities offered at these businesses are not a concern of this report. The preservation of neighborhoods is the concern. The placement of businesses, which have deleterious effect on surrounding uses, would be contrary to this concern.

Planning relies heavily on public participation, both by federal government mandates and by professional standards. The principle being that those persons living in an area should have control over its development, creating a distinct neighborhood quality reflective of their needs and desires. The planners role is to facilitate, orchestrate, consolidate, and mediate various groups to insure that the communities goal is achieved. This principle is especially true in a suburban environment with almost all land owned by individuals residing in the area. They are interested in their community and in protecting it from uses they perceive as deleterious. The most common manner of protection being complaint to the local government.

The rising tide of resentment of surrounding residents and businessmen to new adult entertainment businesses has hit its apex in the first half of 1980. Beginning with the establishment of an adult book store in Islip Terrace, public resentment has focused on location of these establishments. The Islip Terrace store adjoined a residence and was directly opposite other single-family homes. A great outpouring of neighborhood resentment culminated in having the building's owner evicting his tenant.

In Bay Shore, the Community Development Agency, after purchasing a building in the Downtown area containing an adult book store, administered the building in such a manner which resulted in the business moving. It did move directly across the street, next to an adult theatre, rekindling public resentment once again (see Appendix A for documentation).

The catalyst for this study can be deemed the Bohemia Adult Book Store, formerly a Pancake House. The new business owners began modifications of the structure, which included the closing of windows. General public and governmental suspicions as to the use of the structure were proven when a combination adult book store/peep show opened. A case study of the Bohemia Book Store is contained in this report.

It appeared that these new facilities had locational problems which resulted in public resentment. The need for examining all adult entertainment establishments in Islip to determine what conditions caused public resentment and what did not was considered to be essential to the development of regulations designed to address "the places at which this type of expression may be presented, a restriction that does not interfere with content." The case study examines resident concerns in fine detail for one establishment and highlights the publics concerns on locational problems rather than content of this establishments materials.

On October 16, 1975, when the New York Times published an article entitled "Islip is Planning to Establish an 'Adult-Entertainment Zone,'" the first attempt by the Town of Islip to regulate sex businesses was brought to the public's attention. On October 20, 1975, after a stormy reception and nationwide publicity, the Times reported "Islip Drops Plan for Pornography Zone."

Similar in intent to zoning ordinances in Boston and Minneapolis, the proposed 1975 Ordinance was designed to contain adult entertainment within an area designated through conformance with prescribed criteria. Public response was overwhelmingly negative, not to the attempt to regulate sex related business, but to the possible creation of what was described as "such zoning (that) would lead to pockets of perversion all over the place."

In March of 1976, the Detroit "Anti-Skid-Row Ordinance" which separated "regulated businesses" (sex businesses) from each other and residential zones was upheld by the United States Supreme Court. The Detroit "Skid Row Ordinance" is based on observations of the types of businesses which have a degrading effect on surrounding properties. These businesses were identified as being: bars, pawnshops, public lodging houses, and adult entertainment businesses.

Current legislation in the Town of Islip regulates bars and public lodging houses. It has been proposed that sex businesses or adult entertainment businesses also be regulated in a manner similar to that which Detroit adopted, to prevent the deterioration of neighborhood quality in the Town of Islip.

Studies and ordinances of other jurisdictions were reviewed and findings appropriate to the suburban Islip Town experience have been incorporated into this report and noted accordingly. During this research period, meetings between the Planning Department, Town Attorney's Office, Town Board and the Supervisor were held. It was determined that the Town of Islip would base its ordinance on Supreme Court and lower court rulings, and furthermore, base the ordinance on the Detroit Anti-Skid Row Ordinance which dispersed sex businesses (see perspective for historical basis of this decision and Appendix B).

Secondly, the Bohemia Book Store and public reaction were studied primarily using newspaper articles and supplemented using unsolicited letters of complaint from residents. Information related to material sold at this establishment was ignored as it was not relevant to this study.

The research of this book store allowed for the creation of a case study which could then be used to determine what locational factors were responsible for the outpouring of neighborhood residential opposition.

In the third section of this report, adult entertainment businesses were surveyed and

inventoried by hamlet. Condition of the physical plant, its compatibility with the proposed ordinance, and surrounding land uses were noted by compass point.

As the proposed ordinance accurately reflects the findings of this report it is contained in the appendix along with other jurisdictions' ordinances (see Appendix C).

The June 23, 1976 ruling in favor of the Detroit ordinance which prevented restricted uses from locating within 1,000 feet of one another and 500 feet from a residentially zoned district states:

A major argument concerning the definitions in the Detroit Ordinance was made by the attorneys for the plaintiff (operators of the restricted use). Although the court ruled in favor of Detroit's Definitions (44 U.S.L.W. 5001), the Town of Islip's Adult Entertainment Ordinance uses definitions recommended by the American Society of Planning Officials (now the American Planning Association).

The adults-only definition recommended to be applied in the Islip Town ordinance avoids emphasis on the content of material, thereby avoiding Constitutional questions based on the First Amendment, and allowing pornographic uses to define themselves.

Chart 1

Distance from:

Churches, Schools,

or other like public

Municipality Residences facilities Similar Use

The major problem in the establishment of development standards, notably distance criteria, is that such distances can be overly restrictive, thereby resulting in an attempt to zone the sex business out of the community. An attempt to do so would certainly result in a court challenge as the rights guaranteed by the First Amendment of the United States Constitution would have been suppressed through zoning.

To develop standards for the Town of Islip, various distance proposals were mapped on zoning maps in the attempt to establish an ordinance which would meet with approval by the Town Board and the general public and at the same time allow substantial areas for the development of adult entertainment businesses.

The 500 feet requirement is identical to that of three other municipalities, and less than two other municipalities that were studied (see Chart 1 above).

Although this distance requirement is greater than any other currently required in the Town ordinance, it is not in reality more restrictive. Industrial II zoning in Islip, although its distance requirements are less, by mapping this district, it is separated from residential uses by other more restrictive zones. In virtually no case do the distance requirements between Industrial II and residential areas actually occur. It is proposed that these requirements be revised to accurately reflect existing conditions. In this manner Industrial II will as in reality, have the greatest separation standards between it and residential uses.

The 500 feet requirement for separation accurately reflects the separation needs of adult entertainment businesses and residential uses based on the case study "The Bohemia Book Store;" the individual analysis of sites; and letters from residents (contained in the Appendix).

Sunrise Highway in Islip Town presents a different situation and need for a greater separation requirement than that experienced by other Jurisdictions.

Upon studying development on the south side of Sunrise Highway (east bound) from the end of the limited access portion (just west of Saxon Avenue) to Oakdale-Bohemia Road in Oakdale, one finds approximately 22 shops and two shopping centers, Models and Marshalls. Of these stores, five (5) or 23% are adult entertainment oriented.

As the study area is about 5.5 miles, adult entertainment businesses are located on the average of 1.1 miles apart. This means a person travelling the posted speed limit would pass a sex business approximately once every minute for five minutes.

Due to the sparse development on Sunrise Highway and that the existing development is close to the right-of-way, these businesses tend to be highly visible to the passing public. Although the proposed requirement has no affect on the existing businesses, it does prevent the infilling of sex businesses along Sunrise Highway, which would hinder the creation of a visible concentration of sex businesses to the passing public and the creation of a "Combat Zone."

It is the expressed intent of Town Board and the public, based on the proposed 1975 ordinance (see Appendix), to avoid a concentration of such uses. It is the intent of the proposed Adult Entertainment Ordinance to separate sex businesses in a manner similar to that found constitutional in Detroit.

Detroit, a city with a 1970 population of 1,500,000 and a density of 10,714 persons per square mile, separated businesses by 1,000 feet. As their concern centered around more urban concentrations of businesses in the city, where concentrated development occurs with standard 20 feet store fronts which means as many as 50 stores could lie between uses. On Sunrise Highway, in the study strip only, 19 stores lie between 5 sex businesses for an average of 4.75 stores.

As Detroit's posted speed limit is anticipated to be 30 miles per hour, it would take about twice as long to go 1,000 feet in Detroit as it does on Sunrise Highway in Islip. In brief, the speed limit differential at 55 miles an hour would equate into a distance of about 2,000 feet similar to the 2,640 feet proposed in Islip.

An additional difference between Islip and Detroit lies again in their respective suburban-urban differences. Where many main roads would parallel each other in Detroit, Sunrise is paralleled by only one similar such road, the Long Island Expressway which has no sex businesses along it in Islip Town.

Industrial I Zone Requirement

The Industrial I zone represents primarily light manufacturing and warehousing type industries. Retail outlets are allowed.

Of the existing sex businesses in Islip, six (6) or 43% are currently located in Industrial I zones, or on land to be rezoned Industrial I.

A major reason for this requirement was to prevent skid row effects in the Historic Downtowns of Islip. Virtually no land in these Downtowns is zoned industrial. It has been the Town's experience that the historic downtowns, which are identifiable with both their residential communities and school districts, are in a vulnerable position. This condition was caused in part to their loss of importance in retail shopping activities to shopping malls and other auto-oriented shopping areas. The vulnerability and its corresponding effects are personified in Downtown Bay Shore, although other downtowns have decayed, including Islip Terrace, Central Islip and Brentwood.

The Detroit Anti-Skid-Row Ordinance developed and adopted in 1962, regulated bars, pawnshops, and public lodging houses, on the basis that these uses caused or accelerated skid-row districts. Islip Town currently restricts through zoning: bars, public lodging houses and non-conforming multi-family uses. There are no restrictions as of date on pawnshops. A study of Downtown Bay Shore and the regulation of bars and multi-family non-conforming uses indicates the Town of Islip's commitment to upgrade this shopping district and prevent its becoming a skid-row. The potential negative effects of sex businesses is also examined in a case study of Bay Shore Downtown.

Bay Shore' s decline can be attributed to a variety of reasons but certainly as noted in Detroit, non-conforming multi-family housing and a multitude of bars, both currently regulated by existing Town ordinances, have helped create a skid-row effect similar to that found in Detroit. In Bay Shore, former mental patients and transients have flocked to the non-conforming multi-family housing (for example, the Bay Bright Hotel) and have become patrons of various bars.

Since the establishment of the Downtown Development District, and the Community Development Agency, the Town has actively pursued a policy which prohibits the conversion of homes to multi-family dwellings (repeal of boarder law, 1971, and the phasing out of "grandfathered boarders," 1979) and has actively encouraged the return to one-family units or two-family units.

Regulation of bars became law in 1976 and regulation of hotels and boarding houses in 1971 upon the modification of Chapter 68 of the Town Code of the Town of Islip to read:

Since that time no new bars have been permitted in Downtown Bay Shore.

The existence of two adult entertainment uses next to one another (see individual analysis sheets later in this report) has created a "dead zone " in one of the healthier portions of the downtown. Users of Bay Shore Downtown generally park and then walk about the town to shop. As various individuals would rather not be associated with or be seen in front of regulated businesses nor have their children walk by them, many persons who might patronize other stores on the block avoid going there. This results in the loss of business of non-adult entertainment stores, possibly causing them to go out of business or to move to another area. This, as a result, hastens the decline, or hinders the up surging of the Downtown, creating or emphasizing it as a place not to go, furthering the creation of skid-row.

Another rationale for the use of the Industrial I zone is that adult entertainment businesses are night or evening oriented. This arrangement helps prevent conflicts in use as the majority of existing Industrial I uses are day oriented. It also allows for the maximum use of the existing infrastructure. The creation of multi-usage zones to allow for the maximum usage of existing infrastructure is currently being emphasized in New York City.

The above quote summarizes the main "non-material oriented" complaint: the Bohemia Book Store intrudes upon the residential area it adjoins to the south (see the 400' scale aerial for clarification). The building lies between Sunrise Highway, commercially zoned and developed, and East Golf Street, the south side of which is residentially zoned land and built single-family homes.

As Woody's Pancake House, the building housing the Bohemia Book Store, was developed using minimum rear yard standards - ten feet. Therefore, it intrudes upon East Golf Street by leaving a distance of only ten feet and the roadway between the front yard of a residence and the rear of the book store.

This occurrence is uncommon. Typically a Business 1 zoned parcel adjoining a residential zone requires a 15 foot transitional zone (§68-282 Rear Yard), and in addition, a 25 foot buffer and screen planting would be required (§68-284 Exterior site improvements and parking). These requirements are specified in Article XXXI, §68-409 entitled "Off-street parking areas: plot plan required showing site improvements.

Another problem associated with the proximity of East Golf Street to this sex business is that it is possible to park on East Golf Street and walk to the book store "hiding" from view the automobile of a customer who wants to be discreet. It was reported in both Newsday and The Suffolk County News that a pickup truck and a Cadillac which were parked on East Golf Street were used by patrons of the book store as they were leaving the premises in trying to run down picketers which documents the contention that parking on East Golf Street occurs.

A factor which arose after the protest began was the association of the operators of the book store with organized crime, and the following summary of the criminal records of the owners was reported.

As no retraction or correction has been reported as of date by Newsday, the accuracy of their reporting seemingly has been acknowledged by the operators of the Book Store.

To dramatize the fear of residents who are legally protesting the book store within the boundaries of the First Amendment of the U.S. Constitution and the same amendment which the operator uses to justify his business, "...Manager Anthony Scotti said of the picketing 'We know we're protected by the First Amendment'." The following sections of published articles are presented:

Clearly what is emerging is a conflict between the rights of the book store to sell material and the legal protest of residents to keep the separation of sex businesses from their residential area. While both may technically be correct, the potential for violence or other illegal behavior is clearly possible. To prevent this from occurring, legal action has taken place.

State Supreme Court Justice Arthur Cromarty signed, on August 12, 1980, a temporary restraining order closing the book store. This temporary injunction was extended August 20 by Justice Lester Gerard until such time as a trial on the Town's petition can occur.

According to a Newsday article entitled "Rule Closing Book Store is Expected," August 21, 1980:

Other material concerning the Bohemia Book Store:

Tax Map #393-02-080

Item #010640

Location: Main Street, Downtown Bay Shore, approx. 197' e/of Park Avenue

Surrounding Area: North – Commercial and Parking Area

South – Commercial

East – Commercial

West – Regent Theatre (Adult Entertainment)

Area: .25 ac.

Land Value: $14,300

Total Value: $30,000

Observations on Plant: Small Store front in poor condition.

Owner of Record: Herbert & Clara Levenson

Analysis:

This adult book store is adjacent to the Regent Theatre, an adult cinema. The close proximity of these two restricted businesses creates a void in the commercial center of Main Street.

It also creates an area which certain shoppers will avoid due to their preference not to associate with these businesses. In combination these two reasons further add to the deterioration of the business district, leading to a "skid row environment" similar to that observed in Detroit, which lead to regulation of adult entertainment businesses in Detroit.

Tax Map #393-02-079

Item #001081

Location: n/s/of Montauk Hwy. (N.Y. Rt. 27A) approx .147' e/of Park Avenue

Surrounding Area: North – Vacant Commercial (Grants)

Area: .25 ac.

Land Value: $22,600

Total Value: $83,100

Zoning: Business I

Observations on Plant: Building appears to be in good condition.

Owner of Record: Basay Realty Corp.

Analysis:

The theatre does not have its own parking area nor did it appear to have a means of entrance from the public parking area to the north. This factor can cause long-term parking on Main Street of patrons attending the theatre. Street parking in a downtown area is typically reserved for short-term parking, allowing for a high amount of convenience shopping opportunities.

Although the market is rather discrete, the location of this business in the core of the jewelry section of downtown Bay Shore, can cause discomfort to pedestrian shoppers who pass by comparison shopping at the various jewelry stores. Unlike the seemingly lack of effect adult oriented stores seem to have on strip type commercial development, customer deliberately chooses (by parking) where he will shop, while the downtown shopping environment is pedestrian oriented. The Downtown atmosphere prevents the use of the car to go by a use that one might find offensive but rather the individual pedestrian shopper might avoid the area entirely.

Downtown Bay Shore prior to opening of this business was suffering economic decline, and loss of its viability. Adult oriented stores typically are low investment business, placed in marginal shopping areas like downtown Bay Shore. Due to their lack of investment, they tend to further degrade the area creating a "skid-row" type atmosphere as found in Detroit and which lead to their adoption of the anti-skid-row ordinance.

Tax Map #317-02-026

Item #383590

Location: Southwest corner of Sunrise Highway and South Denver Street

Surrounding Area: North – Vacant Industrial land

Area: .39 ac.

Land Value: $38,100

Total Value: $91,500

Observations on Plant: Building is in poor condition. Parking area unpaved.

Owner of Record: James H. Gamblin

Analysis:

Due to odors originating from the Scavenger Waste Treatment Plane, the desirability of nearby land is minimal. The closing of the treatment plant will have a positive effect on the area, and this business may then become a hindrance to the development of surrounding land. The nearby residentially zoned land is in the process of being rezoned as industrial land, which will result in this business being completely surrounded by industrial land. An investment in the building and site could prevent any negative affects this business could have on future industrial development,

Tax Map #256-02-017

Item #095245

Location: southeast corner of Sunrise Hwy. (N.Y. Rt. 27) & Smithtown Avenue

Surrounding Area: North – Single family homes

Area: . 68 ac.

Land Value: $44,400

Total Value: $69,000

Zoning: Business I

Observations on Plant: Windows have been closed through the modification of the building. No landscaping, poor condition of grass area to west of parking lot. Rear of building close to streetline.

Owner of Record: MIP Restaurant Inc.

Analysis:

The close proximity of this business to the residential area to the south is of great concern. The building visually intrudes upon the street and directly on the house to the south. Lack of a buffer area and screen planting tends to emphasize the buildings intrusion on the neighborhood.

Tax Map #081-01-005

Item #052752

Surrounding Area: North – Industrial

South – Industrial

East – Single family Residential

West – Industrial

Area: .65 ac.

Land Value: $41,100

Total Value: $77,100

Zoning: Industrial I

Observations on Plant: Good condition.

Owner of Record: Tsantes Enterprises Inc. (Blue Dawn Diner)

Analysis:

Although residential properties lie to the east of this establishment, the Highway provides an adequate barrier between the residences and this business. Its effect on surrounding businesses appears to be minimal, as indicated by the lack of any vacant stores in the immediate vicinity.

As the owner of record lists the same address as the Blue Dawn Diner, an eating establishment to the north of this business, it can be expected that if this business were to have a negative effect on the surrounding businesses, its use would be terminated.

Tax Map #206-01-048

Item #557870

Location: northeast corner of Islip Avenue and Pear Street

Surrounding Area: North – Single family home (Commercial land)

Area: 1.52 ac.

Land Value: $50,900

Total Value: $98,000

Zoning: Business I

Observations on Plant: Formerly a residence converted to commercial usage. Currently in poor condition.

Owner of Record: GMPL Properties Corp.

Analysis:

Minimal investment has been made in both the building and the site. The building is in need of maintenance; the parking area unpaved. No buffer or fencing exists between this business and the residences to the north and east.

Part of New York State right-of-way

Location: southwest corner of Sunrise Hwy. (N.Y.Rt.27) & Wantaugh So. Ave.

Surrounding Area: North – New York State Police Troop L; Gasoline Station

South – Single family homes

East – Vacant Commercial land

Observations on Plant: Exterior is in poor condition; parking lot is not paved. No buffer or fencing adjoining residential land to the south. This building is scheduled to be removed for the widening of Sunrise Highway.

Owner of Record: New York State

Analysis:

This business is located on a major school-aged children pedestrian crossing of Sunrise Highway, connecting the residential areas of East Islip to the four-school site complex in Islip Terrace. Current usage of this access paint is indicated by the need of Suffolk County crossing guards at this location and New York States Department of Transportation's concurrence with the East Islip School District contention that a walking bridge across Sunrise Highway is necessary at Wantaugh Avenue (Garepy St.).

The rear yard of the home to the south of this business adjoins the rear yard of the business without any barrier to visibility. The night operation of this business has a deteriorating effect on residential properties due to noise, starting of vehicles, and lights from vehicles flashing onto the residential building.

The unpaved parking area causes flying dust which is known to aggravate respiratory conditions.

In Sunrise Highway right-of-way

Surrounding Area: North – Vacant Commercial land

Observation of plant: As to be expected, since the building is scheduled to be removed for the widening of Sunrise Highway, maintenance is poor.

Owner of Record: New York State

Analysis:

The building is fairly isolated from residential areas to the southwest and northwest. Lack of sidewalks prevent pedestrian traffic. Access to school to north is 430 feet west on Connetquot Avenue.

Tax Map #239-01-018

Item #698170

Location: northeast corner of Sunrise Hwy. (N.Y. Rt. 27) and Jersey Avenue

Surrounding Area: North – Vacant Industrial I

Area: .4 ac.

Land Value: $29,100

Total Value: $155,500

Observations on Plant: An attractive building in excellent condition.

Owner of Record: LML Enterprises Inc.

Analysis:

A substantial investment in the building site and business makes for an unobtrusive setting. This business's isolation from residences prevents any conflict with residential uses. Since all stores in the center are rented, this business apparently has little effect on the centers desirability for other businesses.

Land owned by the State of New York

Location: southeast corner of Sunrise Hwy. (N.Y. Rt. 27) and Roosevelt Ave.

Surrounding Area: North – Used car lot

Observations on Plant: Unpaved parking area, building fairly good condition. This building is scheduled to be removed for the widening of Sunrise Hwy.

Owner of Record: New York State

Analysis:

The residential properties to the south on Courtney Avenue, are clearly visible from the parking area to the east of this building. Lights, car starting, noise and dust caused by the night operation of this business directly affect these residents. Children walking to the school to the north on Commack Road could possibly pass by this business, crossing Sunrise Highway at the turn intersection.

Tax Map #296-03-153

Item #159110

Location: northeast corner of Sunrise Hwy. (N.Y. Rt.27) and Park Avenue

Surrounding Area: North – Single family homes

Area: .14 ac.

Land Value: $9,800

Total Value: $17,700

Zoning: Business I

Observations on Plant: White cement block structure, formerly a gasoline station. Unpaved parking area, no fence, buffer planting, or landscaping. Building in need of paint.

Owner of Record: Raymond & Joseph Doino

Analysis:

The close proximity of residences to the north and the residence to the west without benefit of fencing and screen planting, causes the intrusion of this business on the neighborhood. The small size of the plot presents the potential of a parking problem and may cause parking on Islip Boulevard, the residential street to the north.

Tax Map #123-01-016

Item #520531

Location: northwest corner of Veterans Memorial Hwy. and Fifth Avenue

Surrounding Area: North – Industrial

Area: 1.72 ac.

Land Value: $101,100

Total Value: $430,800

Zoning: Industrial I

Observations on Plant: Well maintained building and site.

Owner of Record: Eden Rock Motel Inc.

Analysis:

Surrounded by Industrial land and buildings, this business has a minimal effect on residences to the south across Veterans Memorial Hwy.

Tax Map #302-0l-005

Item #452050

Surrounding Area: North – Vacant Commercial land

Area: .28 ac.

Land Value: $29,700

Total Value: $44,800

Observations on Plant: Building in fair condition.

Owner of Record: Gerald F. Hoffer & Joseph H. Cappello

Analysis:

Impact on existing residential areas is minimal. Due to lack of sidewalks, pedestrian access is prevented. This business has had no affect on other businesses since none are in close proximity.

In Brookhaven Township

Location: east side of Smithtown Ave., 200' north of Long Island Railroad

Analysis:

Due to separation of this business from Town of Islip by the Long Island Railroad, negative impacts occurring to residents of Islip Town are prevented.

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Islip will hold a public hearing on , 1980 at 2:30 P.M., at the Town Hall, 655 Main Street, Islip, New York, for the purpose of considering amending the Zoning Ordinance of the Town of Islip by adding a new Section 68-341.1, and amending Section 66-15(A) of the Islip Town Code, summarized as follows:

The purpose of the Ordinance is to regulate the location of adult uses located in the Town of Islip. Adult Uses are defined in the Ordinance as follows: Adult Bookstore; Adult Drive-In Theater; Adult Entertainment Cabaret; Adult Motel; Adult Theater; Massage Establishment; Peep Shows. All adult uses defined in the Ordinance shall be restricted to Industrial I Districts only as a special exception by the Board of Appeals after a public hearing and shall not be located within 500 feet of any area zoned for residential use; within 500 feet of any school, church or place of religious worship, park, playground or playing field; or within one-half mile of another such use.

The Zoning Board of Appeals has the right to waive the area restrictions for good cause provided that the following conditions are proved by the applicant: (1) the use will not be contrary to the public Interest, injurious to nearby properties, or violate the spirit or intent of the Ordinance; (2) establishment of additional use in the area will not be contrary to any neighborhood program of conservation or improvement; and (3) that 51% of the property owners within 500 feet of the area have signed a petition stating that they have no objection to the establishment of this use.

The Ordinance further provides that no more than one (1) adult use shall be located on any one (1) lot, and that nonconforming adult uses shall be terminated in accordance with the schedule contained in the Ordinance, which schedule provides for termination in from one (1) to five (5) years after the enactment of this Ordinance according to the amount of capital invested in the use.

Section 68-15(A) is amended as follows:

A complete copy of the proposed Ordinance is on file in the Office of the Town Clerk of the Town of Islip for inspection between the hours of 9:00 A.M. and 4:30 P.M.

At which time all interested persons will be given an opportunity to be heard.

Dated: Islip, New York

WHEREAS, the Town Board of the Town of Islip has been and is concerned with the conservation of the residential, business and commercial areas within the Town of Islip; and

WHEREAS, the Town Board has continued to support a program of residential neighborhood, business, and industrial, development and redevelopment in the Town of Islip through the Community Development Agency and other programs sponsored by the Town of Islip; and

WHEREAS, the Town Board is concerned with the existing and potential effects of movie theatres, commercial shops for the barter, rental or sale of printed material, pictures, motion, pictures, magazines and books and cabarets or bars offering live entertainment featuring strippers, go-go dancers, exotic dancers, or similar entertainments, and which are not open to the public generally but only to one or more classes of the public; excluding any minor by virtue of age; and

WHEREAS, it is in the best interest of the Town of Islip to protect the health, safety and welfare of the residents from the effects of these businesses upon the residential, business and commercial districts within the Town of Islip; and

WHEREAS, the Town Board is concerned that the unregulated proliferation and concentration of these businesses will adversely effect residential, business areas, commercial areas, and schools, houses of worship, parks, playgrounds and other areas frequented by juveniles throughout the Town of Islip;

NOW, THEREFORE, on motion of Council seconded by Council , be it

RESOLVED, that the Town Board of the Town of Islip hereby enacts an Adult Use Zoning Ordinance, as follows:

1. That 51% or more of the property owners within the restricted area as defined in §3(a) of this subdivision have signed a petition stating that they have no objection to the establishment of one of the uses defined above.

1. This ordinance shall take effect immediately.

and be it further

RESOLVED, that the Town Board of the Town of Islip hereby amends Section 68-15(A) of the Zoning Ordinance, to read as follows: