(a) No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use within the Village of Nyack unless he has applied for and obtained a special permit from the Zoning Board of Appeals. To receive such a special permit, the applicant must satisfy the following criteria:
[1] No more than one of the adult entertainment uses as defined in
§ 360-6.1: Words defined shall be located on any lot.
[2] No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes.
[3] No residential use shall be established in a building of which any part is used as an adult entertainment use.
[4] No adult entertainment use shall be established closer than 500 feet to any lot line of any other adult entertainment use.
[5] No adult entertainment use shall be established closer than 200 feet to the lot line of any residential district, which shall include any zoning district that permits residential use.
[6] No adult entertainment use shall be established closer than 200 feet to the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.
[7] An adult motion-picture theater established as an adult entertainment use within the Village of Nyack, which adult motion-picture theater proposes to provide video booths for the purpose of presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by its patrons, shall be well lighted at all times and shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein the adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or by any other obstruction whatsoever.
(b) The applicant must meet all other regulations of the Village of Nyack, including but not limited to district lot and bulk regulations, parking regulations and signage requirements. For purposes of this chapter, an "adult bookstore" shall be deemed "retail sales."
