1986-1999-ZONING BY-LAWS - Laserfiche WebLink

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Whereas,it is the intention of the Town of Mashpee in the adoption of a by-law relating to adult entertainment uses to rely upon the Supreme Court of the United States in the cases of City of Renton v. Playtime Theaters,Inc.,475 US 41,Young v.American Mini-Theaters,427 US 50,and FW/PBS,Inc.v City of Dallas, 110 US 598 to regulate and limit the location of adult entertainment uses,to promote the Town of Mashpee's great interest in protecting and preserving the quality of life in its neighborhoods i through effective land use planning; Now,therefore,the following article is presented to the voters of the Town of Mashpee for their consideration and adoption: To see if the Town will vote to amend the Zoning By-law as follows: By amending Article II Definitions,§ 174-3,by inserting the following after ACCESSORY USE and before APARTMENT: "ADULT ENTERTAINMENT USES: shall include the following uses. (1) ADULT BOOKSTORE: as defined in M.G.L.Ch 40A,§9A; (2) ADULT MOTION PICTURE THEATER:as defined in M.G.L.Ch 40A,§9A; (3) ADULT PARAPHERNALIA STORE:as defined in M.G.L.Ch 40A,§9A;. (4) ADULT VIDEO STORE: as defined in M.G.L. Ch 40A,§9A;. (5) ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS:as defined in M.G.L.Ch 40A,§9A." and by amending§174-25 Table of Use Regulations by adding the following new subsection 11)Adult entertainment uses to subsection E)Principal retail business and consumer service establishments: "(11)Adult entertainment uses(subject to the provisions of§ 174-45.2) Adult entertainment uses shall be allowed only in C-1,C-1-O,C-1-SV,and C-2 zones subject to the following setback requirements: • 500 feet from the boundary of any residential zoning district, • 1,000 feet from any school buildings,and • 1,500 feet from any other existing adult entertainment use as defined by this zoning by-law. The distances specified shall be measured by a straight line from the nearest property line of the premises of the proposed adult entertainment use to be located to: • the nearest boundary line of a residential zoning district, • the building line of any school,or • the nearest property line of an existing adult entertainment use." i and inserting the letters SP under the C-1,C-1-O,C-1-SV,and C-2 columns of said Table; I and finally,by adding the following to Article IX Special Provisions: "§ 174-45.2 Adult entertainment uses A. AUTHORITY,PURPOSE AND INTENT 1) This by-law is enacted pursuant to M.G.L.Chapter 40A and pursuant to the Town's authority under r the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests �s