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11 — WN
<br /> ANNUAL TOWN MEETING
<br /> Page 12
<br /> through Special Permits and standards related to and by amending§174-25 Table of Use Regulations by
<br /> ry location and separation of such uses,and; adding the following new subsection 11)Adult
<br /> entertainment uses to subsection E)Principal retail
<br /> Whereas,the Town of Mashpee does not desire to business and consumer service establishments:
<br /> suppress any speech activities protected by the First
<br /> Amendment,but rather to enact a content neutral "(11)Adult entertainment uses(subject to the
<br /> Bylaw concerned with the secondary effects of adult provisions of§174-45.2) Adult entertainment uses shall
<br /> i entertainment uses on the surrounding community, be allowed only in C-1,C-1-0,C-1-SV,and C-2 zones
<br /> especially crone and effects upon children and family subject to the following setback requirements:
<br /> life,and therefore desires reasonable regulation of the . 500 feet from the boundary of any residential zoning
<br /> location of adult entertainment uses in order to provide district,
<br /> for the protection of the image of the community,its • 1,000 feet from any school buildings,and
<br /> property values,and to protect the residents of the • 1,500 feet from any other existing adult entertainment
<br /> community from any adverse effects of such adult use as defined by this zoning by-law.
<br /> entertainment land uses,while providing to those who
<br /> desire to patronize adult entertainment land uses such The distances specified shall be measured by a straight
<br /> an opportunity in areas within the Town which are line from the nearest property line of the premises of the
<br /> f appropriate for such land uses,and; proposed adult entertainment use to be located to:
<br /> Whereas,it is the intention of the Town of Mashpee in • the nearest boundary line of a residential zoningdistrict,
<br /> the adoption of a by-law relating to adult entertainment
<br /> uses to rely upon the Supreme Court of the United • the building line of any school,or
<br /> property line of an existing adultrop
<br /> i States in the cases of City of Renton v.Playtime • the nearest p „
<br /> Theaters,Inc.,475 US 41,Young v. American Mini-
<br /> entertainment use.
<br /> Theaters,427 US 50,and FW/PBS,Inc.v City of Dallas, and inserting the letters SP under the C-1,C-1-0,C-1-
<br /> t 110 US 598 to regulate and limit the location of adult SV,and C-2 columns of said Table;
<br /> entertainment uses,to promote the Town of Mashpee's '
<br /> great interest in protecting and preserving the quality of and finally,by adding the following to Article IX Special
<br /> life in its neighborhoods through effective land use
<br /> Provisions:
<br /> planning;
<br /> "§174-45.2 Adult entertainment uses
<br /> e Now,therefore,the following article is presented to the
<br /> voters of the Town of Mashpee for their consideration A. AUTHORITY,PURPOSE AND INTENT
<br /> and adoption:
<br /> To see if the Town will vote to amend the Zoning By- 1)This by-law is enacted pursuant to M.G.L.Chapter
<br /> 40A and pursuant to the Town's authority under the
<br /> law as follows: Home Rule Amendment to the Massachusetts
<br /> By amending Article II Definitions,§174-3,by inserting Constitution to serve the compelling Town interests of
<br /> the following after ACCESSORY USE and before limiting the location of and preventing the clustering
<br /> and concentration of certain adult entertainment and
<br /> APARTMENT: uses,as defined and designated herein,in response to
<br /> "ADULT ENTERTAINMENT USES: shall include the studies demonstrating their deleterious effects.
<br /> following uses. 2) It is the purpose and intent of this by-law to
<br /> regulate the locations of adult entertainment uses in
<br /> (1) ADULT BOOKSTORE:as defined in M.G.L.Ch order to lessen the harmful secondary effects on
<br /> 40A,§9A;
<br /> �2) ADULT MOTION PICTURE THEATER:as adjacent areas. These secondary effects,which are
<br /> documented in various studies include an increase in
<br /> defined in M.G.L.Ch 40A, 9A;
<br /> § crime,a decline in property values,a flight of existing
<br /> (3) ADULT PARAPHERNALIA STORE:as defined businesses,and gradual blight on neighborhoods. The
<br /> in M.G.L.Ch 40A,§9A;. purpose of the Adult Entertainment Use By-law is to
<br /> (4) ADULT VIDEO STORE:as defined in M.G.L.Ch prevent crime,maintain property values,protect the
<br /> 40A,§9A;. Town's retail trade,and protect and preserve the
<br /> (5) ESTABLISHMENT WHICH DISPLAYS LIVE quality of residential neighborhoods and prevent
<br /> NUDITY FOR ITS PATRONS:as defined in M.G.L. adverse impacts on school children. The section does
<br /> Ch 40A,§9A." not prohibit adult entertainment uses,but rather
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