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1986-1999-ZONING BY-LAWS
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1986-1999-ZONING BY-LAWS
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Mashpee_Meeting Documents
Board
ZONING BY-LAWS
Meeting Document Type
Minutes
Meeting Date
12/31/1999
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of limiting the location of and preventing the clustering and concentration of certain adult <br /> entertainment and uses,as defined and designated herein,in response to studies demonstrating their <br /> deleterious effects. <br /> 2) It is the purpose and intent of this by-law to regulate the locations of adult entertainment uses in order i <br /> to lessen the harmful secondary effects on adjacent areas. These secondary effects,which are r i <br /> documented in various studies include an increase in crime,a decline in property values,a flight of <br /> existing businesses,and gradual blight on neighborhoods. The purpose of the Adult Entertainment <br /> Use By-law is to prevent crime,maintain property values,protect the Town's retail trade,and protect <br /> and preserve the quality of residential neighborhoods and prevent adverse impacts on school children. <br /> The section does not prohibit adult entertainment uses,but rather provides reasonably regulated areas <br /> for these purposes within the Town. <br /> 3) The provisions of this by-law have neither the purpose nor intent of imposing a limitation on the <br /> content of any communicative matter or materials,including sexually oriented matter or materials. <br /> Similarly,it is not the purpose or intent of this by-law to restrict or deny access by adults to adult ` <br /> entertainment establishments or to sexually oriented matter or materials that are protected by the <br /> Constitutions of the United States or of the Commonwealth of Massachusetts,nor to restrict or deny <br /> rights that distributors or exhibitors of such matter or materials may have to sell,rent,distribute or <br /> exhibit such matter or materials. Neither is it the purpose or intent of this by-law to legalize the sale, <br /> rental,distribution or exhibition of obscene or other illegal matter or materials. _ <br /> B. SPECIAL PERMITS RULES AND APPLICATION REQUIREMENTS <br /> Adult entertainment uses shall be prohibited in all zoning districts excepted as otherwise permitted in this <br /> bylaw;and furthermore, may be permitted only upon the grant of an adult use special permit in accordance <br /> with§174-24C(1). Such an adult use special permit shall not be granted unless each of the following <br /> requirements,in addition to the requirements in§ 174-24 C special permit use,are satisfied: <br /> 1) The application requirements and procedures shall be conducted pursuant to Section(s) 174-24C of this <br /> Zoning Bylaw. <br /> 2) The application for a special permit for an adult use shall provide the name and address of the legal <br /> owner of the establishment,the legal owner of the property,and the manager of the proposed <br /> establishment. <br /> 3) No Special Permit shall be issued to any applicant,if any applicant,principal(s),manager(s)have been <br /> convicted of violating the provisions of Massachusetts General Laws,Chapter 119, Section 63,or <br /> Chapter 272, Sections 1 through 35A,or equivalent statues in other jurisdictions. The application shall <br /> include authorization for the Planning Board to confirm criminal record information through the <br /> appropriate authorities. <br /> 4) In addition to the Dimensional Requirements specified in§174-25(11),a twenty(20)foot vegetative <br /> I <br /> buffer containing adequate screening given the character of the neighborhood and the intensity of the <br /> use shall be provided between adult entertainment uses and abutting commercial uses,if any. i <br /> 5) All building openings, entries and windows shall be screened in such a manner as to prevent visual <br /> access to the interior of the establishment by the public. <br /> 6) No adult use shall be allowed to display for advertisement or other purpose any signs,placards or other <br /> like materials to the general public on the exterior of the building or on the interior where the same <br /> may seen through glass or other like transparent material any sexually explicit figures or words as <br /> defined in M.G.L. Chapter 272,§31. }` <br /> s'< <br />
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