[Added 5-19-1997 ATM by Art. 23]
A.
It is the intent and purpose of this bylaw to regulate
adult entertainment establishments to promote the health, safety,
and general welfare of the citizens of Salisbury.
B.
It is also the purpose and intent of this bylaw to
address and mitigate the secondary effects of the adult entertainment
establishments and sexually oriented businesses referenced and defined
herein. Such secondary effects have been shown to include increased
crime, adverse impacts on public health, adverse impacts on the business
climate of the Town, adverse impacts on the property values of residential
and commercial properties, and adverse impacts on the quality of life
in the Town, all of which secondary impacts are adverse to the health,
safety, and general welfare of the Town of Salisbury and its inhabitants.
C.
The provisions of this bylaw have neither the purpose
nor intent of imposing a limitation or restriction on the content
of any communicative matter or materials, including sexually oriented
matter or materials. Similarly, it is not the purpose or intent of
this bylaw to restrict or deny access by adults to adult entertainment
establishments and to sexually oriented matter or materials protected
by the Constitutions of the United States of America and of the Commonwealth
of Massachusetts, nor to restrict or deny rights that distributors
or exhibitors of such matter or materials may have to sell, rent,
distribute, or exhibit such matter or materials. Neither is it the
purpose or intent of this bylaw to legalize the sale, rental, distribution,
or exhibition of obscene or other illegal matter or materials.
[Amended 10-23-2006 ATM by Art. 5]
Adult entertainment establishments are prohibited
in any zoning district within the Town of Salisbury except for the
Light Industrial District, Commercial 2 District, and the Beach Commercial
District.
Adult entertainment establishments shall include
the following:
A.
Adult video and bookstore: An establishment having
more than 15% of its stock-in-trade as printed matter, books, magazines,
picture periodicals, motion-picture films, videocassettes and other
matter which are distinguished or characterized by their emphasis
depicting, describing or relating to sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
B.
Adult motion-picture theater: An enclosed building
or drive-in theater used for presenting motion pictures, slides, photo
displays, videos, or other material for viewing distinguished by an
emphasis on matter depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
C.
Adult paraphernalia store: An establishment having
more than 15% of its business inventory or stock-in-trade as devices,
objects, tools, or toys for sale, rental or display at any point in
time which are distinguished or characterized by their association
with sexual activity, including sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
D.
Live adult entertainment: Establishments which feature
persons, entertainers, or employees, who appear or work in a state
of nudity, which are distinguished or characterized by their emphasis
depicting, describing, or relating to sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
No adult entertainment establishment shall commence
operations without first applying for and receiving a special permit
from the Zoning Board of Appeals.
All of the special permit conditions of this bylaw and the special permit conditions of the Salisbury Zoning Bylaw § 300-35 must be met in order for an applicant to be granted a special permit for an adult entertainment establishment.
A.
All adult entertainment establishments proposed to
be located in the Light Industrial District, the Commercial 2 District,
or the Beach Commercial District must meet the following distance
requirements from:
[Amended 10-23-2006 ATM by Art. 5]
(1)
Residential zone: 400 feet.
(2)
State-certified public or private school: 1,000 feet.
(3)
State-licensed day-care centers: 1,000 feet.
(4)
Religious institutions: 1,000 feet.
(5)
Other adult entertainment establishments: 1,000 feet.
(6)
Land or buildings used for municipal governmental
purposes: 500 feet.
(7)
Municipal or state park, reservation, or recreation
area: 1,000 feet.
(8)
Public beach: 200 feet.
B.
Adult entertainment establishments proposed in the
Light Industrial District and the Commercial 2 District must also
meet the following distance requirement from:
[Amended 10-23-2006 ATM by Art. 5]
C.
Adult entertainment establishments shall be located
in standalone facilities and shall not be allowed within a building
containing other retail, consumer, residential uses, etc.
D.
Only one adult entertainment establishment may be
located within a building.
E.
A material condition to any adult entertainment establishment
shall be that such establishment must cease its operations between
the hours of 1:00 a.m. and 10:00 a.m. each day.
F.
Each applicant for an adult entertainment establishment
must provide a plan, submitted with its application, showing the required
parking on the same lot as said establishment.
G.
The applicant must present a plan to the Planning
Board to be reviewed under site plan review. Planning Board approval
of the site plan must be obtained before a special permit may be granted.
H.
All signs for any adult use must meet the requirements
of the Salisbury Sign Bylaw.[1] In addition, no advertisement, display or other promotional
material which contains sexually explicit graphics or sexually explicit
text shall be visible to the public from any public way, including
but not limited to sidewalks, pedestrian walkways, highways, or railways,
or from abutting private property. All proposed permanent signage
for the adult entertainment establishments shall be presented for
review.
I.
No applicant may be issued a special permit if he,
or any members of the board of directors or investors of a corporation,
partnership, etc., have been convicted of violating the provisions
of MGL c. 119, § 63 or MGL c. 272, § 28.
J.
A special permit for an adult entertainment use shall
lapse within one year if substantial use thereof has not sooner commenced
except for good cause or, in the case of a permit for construction,
if construction has not begun by such date except for good cause,
excepting only any time required to pursue or await the determination
of an appeal from the grant thereof.
K.
A special permit for an adult use shall lapse within
one year from the time in which it is discontinued, abandoned, or
not used.
Nonconforming adult uses in existence prior
to the adoption of this bylaw shall continue to operate provided there
is not a discontinuance of use for more than 90 days.
In the event any one or more provisions of this
bylaw are found or determined to be illegal or unenforceable by the
Massachusetts Appeals Court or the Massachusetts Supreme Judicial
Court, then the illegality of any such provision shall not affect
the validity of any other provision of this bylaw which provisions
will remain in full force and effect.
