HomeMy WebLinkAboutLL 08 of 1998 Extend Moratorium on Adult EntertainmentTOWN OF ITHACA
LOCAL LAW NO.8 OF THE YEAR 1998
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90)DAYS
A MORATORIUM FOR THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Findings and Purpose.The Town Board of the Town of Ithaca finds:
1. The Town of Ithaca adopted Local Law No. 1 of the Year 1998 providing for a
moratorium of ninety (90) days on the establishment in theTown of Ithaca of adult entertainment
businesses as defined in such local law.
2.Since February 9,1998,the date the Town Board voted to adopt such local law,
the Planning Department of the Town of Ithaca has prepared a study on the effects of adult
entertainment businesses on surrounding properties,draft legislation was prepared and reviewed
by the Town's Codes and Ordinances Committee and Planning Board,and the legislation was
presented to the Town Board for possible adoption at its June 8,1998,meeting.
3. At its June meeting The Town Board held a public hearing as required by law
upon the proposed legislation at which time a significant number of persons voiced objections
tosuchlocallaw, and in particularto the provisions providing for locationof adultentertainment
businesses in the light industrial zones of the Town. As a result, the Town Board deferred
action upon the local law to enable the members of the Board,staff, and Planning Board
members to personally visit the areas being considered where such enterprises might be
permitted.Such site visits occurred,and the legislation has be referred back to the Codes and
Ordinances Committee to refine it in light of the public's comments and the observations of
those Town officials who visited the sites.The Codes and Ordinances Committee has further
discussed the matter and has directed the Attorney for the Town to prepare modified legislation
for review attheAugust meeting of the Committee.Aftersuch review,the legislation will again
be presented to the Planning Board and Town Board for consideration.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within an additional ninety (90)days of the expiration of the last
seventy-five day moratorium.
5. The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislationcould be carefully
studied and,if found desirable,enacted.
6. Accordingly, in order to maintain the status quo relative to such adult
entertainment businessesduring the limited additional timetheTown needs to review and adopt
S any Appropriate legislation,it is necessary to extend the previously adopted ninety (90)day
adultent.ll3 wp51/ith/locallaw June 29, 19982:07pm
moratorium for an additional period of ninety (90) days.
Section 2.Amendment of Local Law No.1 of the Year 1998.The Local Law No.
1 of the Year 1998, as previously amended,is further amended to effect such extension of the
moratorium set forth in such Local Law by deleting wherever it appears in said Local Law the
phrase or phrases "165 days", "one hundred sixty-fivedays", and "one hundred sixty-five day"
and inserting in place of such phrases the phrases "255 days", "two hundred fifty-five days"and
"two hundred fifty-five day".
Section 3.Applicability.This local law shall apply to all areas of the Town of Ithaca
outside the Village of Cayuga Heights.
Section 4.Partial Invalidity.If any provision of this law is found invalid by any court
of competent jurisdiction,such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 5.This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.