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to confrontation with the existence of adult entertain- By amending Article II Definitions, § 174-3,by insert-
<br /> ment uses in the vicinity of schools, and; ing the following after ACCESSORY USE and before
<br /> Whereas, the Town of Mashpee, as an aid to mitigat- APARTMENT:
<br /> ing the aforementioned impacts of adult entertainment "ADULT ENTERTAINMENT USES: shall include
<br /> uses, desires to physically separate commercial adult the following uses.
<br /> entertainment uses from residential and school uses, BOOKSTORE: as defined in M.G.L.
<br /> (1) ADULT
<br /> so that residents are not subjected to confrontation Ch ULT40A, §9A;
<br /> with the existence of adult entertainment uses in the
<br /> vicinity of their residences and schools, and; (2) ADULT MOTION PICTURE THEATER: as
<br /> Whereas, adult entertainment uses such as those defined in M.G.L. Ch 40A, §9A;
<br /> engaging in the sale, rental or display of sexually (3) ADULT PARAPHERNALIA STORE: as
<br /> explicit materials, including books, magazines, peri- defined in M.G.L. Ch 40A, §9A;.
<br /> odicals, pictures, photographs, slides, movies, and (4) ADULT VIDEO STORE: as defined in M.G.L.
<br /> videos, or other adult entertainment uses, such as adult Ch 40A, §9A;.
<br /> dance clubs or paraphernalia stores, may legitimately
<br /> be controlled by a municipality, either through con- (5) ESTABLISHMENT WHICH DISPLAYS
<br /> centration in certain locations, or separation from LIVE NUDITY FOR ITS PATRONS: as
<br /> other uses which will be inordinately impacted by the defined in M.G.L. Ch 40A, §9A."
<br /> sale, rental or display of sexually explicit materials, and by amending §174-25 Table of Use Regulations
<br /> and, furthermore, Section 9A of Chapter 40A of the by adding the following new subsection 11) Adult
<br /> Massachusetts General Laws specifically provides for
<br /> municipal regulation of adult entertainment uses entertainment uses to subsection E) Principal retail through Special Permits and standards related to loca-
<br /> business and consumer service establishments:
<br /> tion and separation of such uses, and; "(11) Adult entertainment uses (subject to the provi-
<br /> Whereas,the Town of Mashpee does not desire to sup- sions of§ 174-45.2) Adult entertainment uses shall be
<br /> press any speech activities protected by the First allowed only in C-1, C-1-0, C-1-SV, and C-2 zones
<br /> Amendment, but rather to enact a content neutral subject to the following setback requirements:
<br /> Bylaw concerned with the secondary effects of adult • 500 feet from the boundary of any residential zoning
<br /> entertainment uses on the surrounding community, district,
<br /> especially crime and effects upon children and family . 1,000 feet from any school buildings, and
<br /> life, and therefore desires reasonable regulation of the
<br /> location of adult entertainment uses in order to provide • 1,500 feet from any other existing adult entertain-
<br /> for the protection of the image of the community, its ment use as defined by this zoning by-law.
<br /> property values, and to protect the residents of the The distances specified shall be measured by a straight
<br /> community from any adverse effects of such adult line from the nearest property line of the premises of
<br /> entertainment land uses, while providing to those who t
<br /> desire to patronize adult entertainment land uses such he proposed adult entertainment use to be located to:
<br /> an opportunity in areas within the Town which are • the nearest boundary line of a residential zoning dis-
<br /> appropriate for such land uses, and; trict,
<br /> Whereas, it is the intention of the Town of Mashpee in • the building line of any school, or
<br /> the adoption of a by-law relating to adult entertain-
<br /> ' the nearest property line of an existing adult enter-
<br /> ment uses to rely upon the Supreme Court of the
<br /> United States in the cases of City of Renton v. tainment use."
<br /> Playtime Theaters, Inc., 475 US 41, Young v. and inserting the letters SP under the C-1,C-1-O,C-1-
<br /> American Mini-Theaters, 427 US 50, and FW/PBS, SV, and C-2 columns of said Table;
<br /> Inc. v City of Dallas, 110 US 598 to regulate and limit and finally, by adding the following to Article IX
<br /> the location of adult entertainment uses, to promote Special Provisions:
<br /> the Town of Mashpee's great interest in protecting and
<br /> preserving the quality of life in its neighborhoods "§ 174-45.2 Adult entertainment uses
<br /> through effective land use planning; A. AUTHORITY, PURPOSE AND INTENT
<br /> Now, therefore, the following article is presented to 1) This by-law is enacted pursuant to M.G.L.
<br /> the voters of the Town of Mashpee for their consider- Chapter 40A and pursuant to the Town's
<br /> ation and adoption: authority under the Home Rule
<br /> To see if the Town will vote to amend the Zoning By- Amendment to the Massachusetts
<br /> law as follows: Constitution to serve the compelling Town
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