1998-Annual Town Report - Laserfiche WebLink

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interests of limiting the location of and pre- 1) The application requirements and proce- III venting the clustering and concentration of dures shall be conducted pursuant to certain adult entertainment and uses, as Section(s) 174-24C of this Zoning Bylaw. defined and designated herein, in response 2) The application for a special permit for an to studies demonstrating their deleterious adult use shall provide the name and effects. address of the legal owner of the establish- 2) It is the purpose and intent of this by-law to ment, the legal owner of the property,.and regulate the locations of adult entertain- the manager of the proposed establishment. ment uses in order to lessen the harmful 3) No Special Permit shall be issued to any secondary effects on adjacent areas. These applicant, if any applicant, principal(s), secondary effects,which are documented in manager(s) have been convicted of violat- various studies include an increase in ing the provisions of Massachusetts crime, a decline in property values, a flight General Laws, Chapter 119, Section 63, or of existing businesses, and gradual blight Chapter 272, Sections 1 through 35A, or on neighborhoods. The purpose of the equivalent statues in other jurisdictions. Adult Entertainment Use By-law is to pre- The application shall include authorization vent crime, maintain property values, pro- for the Planning Board to confirm criminal tect the Town's retail trade, and protect and record information through the appropriate preserve the quality of residential neighbor- authorities. hoods and prevent adverse impacts on school children. The section does not pro- 4) In addition to the Dimensional hibit adult entertainment uses, but rather Requirements specified in §174-25 (11), a provides reasonably regulated areas for twenty (20) foot vegetative buffer contain- these purposes within the Town. ing adequate screening given the character q of the neighborhood and the intensity of the 3) The provisions of this by-law have neither use shall be provided between adult enter- ,ri the purpose nor intent of imposing a limita- tainment uses and abutting commercial tion on the content of any communicative uses, if any. 4 . matter or materials, including sexually ori- ented matter or materials.Similarly,it is not 5) All building openings,entries and windows 1; the purpose or intent of this by-law to shall be screened in such a manner as to is restrict or deny access by adults to adult prevent visual access to the interior of the entertainment establishments or to sexually establishment by the public. (: oriented matter or materials that are pro- 6) No adult use shall be allowed to display for tected by the Constitutions of the United advertisement or other purpose any signs, L States or of the Commonwealth of placards or other like materials to the gen- Massachusetts,nor to restrict or deny rights eral public on the exterior of the building or that distributors or exhibitors of such mat- on the interior where the same may seen ter or materials may have to sell, rent, dis- through glass or other like transparent tribute or exhibit such matter or materials. material any sexually explicit figures or Neither is it the purpose or intent of this by- words as defined in M.G.L.Chapter 272, § law to legalize the sale, rental, distribution 31. or exhibition of obscene or other illegal matter or materials. 7) No adult entertainment use shall have any flashing lights visible from outside the B. SPECIAL PERMITS RULES AND APPLICA- establishment. TION REQUIREMENTS 8) No adult entertainment use shall have a Adult entertainment uses shall be prohibited in freestanding accessory sign. all zoning districts excepted as otherwise permit- ted in this bylaw; and furthermore, may be per- 9) No adult use shall be allowed to dissemi- i mitted only upon the grant of an adult use special nate or offer to disseminate adult matter or j permit in accordance with§174-24C(1). Such an paraphernalia to minors or suffer minors to adult use special permit shall not be granted view displays or linger on the premises. unless each of the following requirements, in 10) A Special Permit issued under this section addition to the requirements in § 174-24 C spe- shall lapse upon any transfer of ownership cial permit use, are satisfied: or legal interest or change in contractual interest in the subject premises or property. 72