Professional offices or funeral homes may be allowed by special permit in the districts specified in Table 1: Table of Use and Parking Regulations, provided that the following conditions are adhered to.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
The following standards shall apply.
1. 
The use will occupy a structure that existed at the time of passage of this chapter.
2. 
There shall be no exterior alterations that would serve to change the character of the structure or the neighborhood.
3. 
All other restrictions relating to the respective use and district (i.e., parking, signs, etc.) shall be complied with.
4. 
All parking areas shall be effectively screened from abutting and facing residential properties by either a four-foot solid fence or a dense planting of evergreen plant materials that are at least three feet in height at the time of planting. The applicant must indicate on his plan, submitted with his application, the type and size of screening material.
The removal of sand, gravel, minerals or other earth materials from any site in the City of Haverhill except that which is clearly incidental to the construction of a structure shall be allowed only after a special permit therefor has been granted by the Zoning Board of Appeals.
1. 
Removal of earth materials clearly incidental to the construction of a structure and indicated on plans submitted for a building permit shall be permitted by the Building Commissioner.
An applicant for a special permit for the removal of sand, gravel, minerals or other earth materials must submit the following information concerning the proposed site of the removal operation with the application to the Board of Appeals:
1. 
Existing topography based on a current survey showing five-foot contour intervals. Elevations should be related to United States Geological Survey datum (mean sea level).
2. 
A log of soil borings certified by a registered professional engineer taken to the depth of the maximum high-water table. At least one boring must be taken on each acre proposed to be excavated under the permit and the location of such borings shown on the existing topographical map.
3. 
A topographical map showing final grades at five-foot contour intervals, depth of the maximum high-water table and drainage facilities after restoration of the site.
4. 
All maps of the site must indicate all property lines, roadways, bodies of water or public easements within 250 feet of the boundaries of the property on which the proposed removal site is to be located.
All special permits to remove sand, gravel, minerals or other earth materials from a site granted by the Board of Appeals shall conform to the following minimum operating standards:
1. 
No excavation shall be closer than 150 feet to an existing public or private roadway, and no excavation shall be closer than 100 feet to other lot lines. Natural vegetation shall be left and maintained on the undisturbed land for screening and noise-reduction purposes.
2. 
No excavation shall be closer than 100 feet to the banks of a natural stream or other body of water.
3. 
No material shall be removed closer than six feet to the maximum high-water table.
4. 
No area shall be excavated so as to allow the accumulation of freestanding water. Permanent drainage shall be provided in accordance with good conservation practices.
5. 
All topsoil and subsoil shall be stripped from the active removal area and stockpiled for use in restoring the area after the removal operation has ceased.
6. 
Exclusive of accessways which shall not exceed 30 feet in width, no more than five acres of land shall be stripped of topsoil and subsoil and/or used for removal of sand, gravel, minerals or other earth materials at any one time.
7. 
All accessways leading to existing roadways shall be periodically treated with oil to reduce dust and mud except where such accessways are located on watersheds of municipal reservoirs or their tributaries.
8. 
Any structure erected on the premises for use by personnel or storage of equipment shall be located at least 150 feet from any existing roadway and at least 100 feet from any lot line, and any temporary structure will be removed no later than 60 days after the expiration of the permit. Any structure containing lavatory facilities or any other facility which produces wastewater shall have the facilities engineered in accordance with public health rules and be approved by the Board of Health. All structures must have the approval of the Building Commissioner prior to their erection.
9. 
Operating hours shall be only between 7:00 a.m. and 5:00 p.m., Monday through Friday. Vehicles may enter and leave prescribed premises only within such hours.
10. 
The Board of Appeals, City Council, Department of Health, Building Commissioner, Conservation Commission or any duly appointed agent of the aforesaid shall be free to inspect the premises at any time during operating hours.
11. 
In addition to the operating standards noted above the Board of Appeals may stipulate such other operating standards as it feels are in the best interests of public welfare.
Notwithstanding any other provision of this chapter, no loam shall be removed from any site in the City and be carried away to a site or locus outside the confines of the City limits.
The Zoning Board of Appeals shall consider, in addition to the factors set forth in § 10.5, the following:
1. 
Method of removal;
2. 
Days and time of working;
3. 
Type of machinery to be used;
4. 
Limitation of area for excavation;
5. 
Clearance of brush;
6. 
Elimination of dust and soil erosion;
7. 
Impact on watershed areas, water table protection and drainage;
8. 
Placing and size of culverts, contour grading and conditioning of the land after operations are completed;
9. 
Planting of area to suitable cover, disposition of topsoil, and reestablishing of ground levels and grades.
Any person, firm, corporation or other entity who violates the provisions of this section shall be subject to a fine of $500 per truckload of loam that is so removed. In addition thereto, to the extent permissible by applicable law, any such person, firm, corporation or entity shall be subject to suspension for up to one year of any and all licenses or permits issued to it by the City, said suspension to be imposed by the authority that issued such license or permit; and provided, further, that only licenses or permits that pertain to construction-related activities shall be subject to suspension hereunder.
All special permits to remove sand, gravel, minerals or other earth materials granted by the Board of Appeals shall contain but not be limited to the following standards for restoring the area after removal of sand, gravel, minerals or other earth material:
1. 
Within 60 days after the termination date of a permit or renewal permit, ground levels and grades shall be established as shown on the approved topographical plan (reference 1, 3).[1]
[1]
Editor's Note: So in original.
2. 
No area shall be left with a slope steeper than 2:1.
3. 
All debris, stumps, boulders or other unsightly material shall be removed from the site and disposed of in a location approved by the Board of Health or buried, only if approved by the Board of Health, on the premises in a hole so that the surface of the debris, stumps, boulders or other unsightly material is two feet below the level of the surrounding area, and that two feet filled with soil and compacted. Trees, stumps and other organic material may be chipped and used to supplement existing topsoil in meeting the minimum restoration standards described herein.
4. 
Retained subsoil, topsoil and wood chips shall be respread over the disturbed area to a minimum depth of six inches. This soil shall be treated with three tons of lime per acre and 1,000 pounds of 10-10-10 fertilizer per acre and seeded with grass or legume mixture prescribed by the Essex Soil Conservation District. Fingerling fir or other approved trees shall be planted over the entire area 12 feet on center. The planted area shall be protected from erosion during the establishment period using good conservation practices.
5. 
Upon completion of the operation, the land shall be left so that natural drainage leaves the property at the original natural drainage points and so that the area of drainage to any one point is not increased.
Special permits to remove sand, gravel, minerals or other earth materials from a site granted by the Board of Appeals shall run for a period not to exceed two years from the date the permit is granted. The operator must apply not less than 90 days prior to the termination date of an existing permit for a new permit, submitting similar information with his renewal request as was required for his original permit. If no renewal request is received by the Board of Appeals 90 days prior to the termination date of an existing permit or if the renewal request is not granted, the operator must cease the removal operation by the termination date of his existing permit and proceed to restore the area of operation in accordance with the standards set forth in his permit. Renewal permits shall run for a period not to exceed two years.
1. 
Before an applicant may remove sand, gravel, minerals or other earth materials from a site under a permit granted by the Board of Appeals for that purpose, there must be in effect a performance bond with the City Treasurer of not less than $3,000 per acre to be excavated under the permit. The bond may not be terminated unless 30 days' written notice of intent to terminate has been given to the City Treasurer and to the Board of Appeals and Conservation Commission and the Board of Appeals has voted to release such bond.
The Building Commissioner, Board of Health and Conservation Commission or their duly appointed agents shall be the inspecting agencies for the City of Haverhill.
With the exception of Interstate Route 495, no automobile service station shall be built within a 500-foot radius of the property line of an already existing automobile service station. On Interstate Route 495, no automobile service station shall be built within 500 feet of the property line of an already existing automobile service station on the same side of the highway.
Within multifamily residential development and single-family residential uses requiring Planning Board approval, any natural water body, any altered natural water body and/or any existing or proposed man-made temporary and/or permanent storage facilities of stormwater runoff known as and serving as detention basins, retention ponds and/or runoff delay areas shall have chain link fencing at least four feet in height completely enclosing said storage facilities at the top of the grade, when required by the Planning Board.
The Building Commissioner shall enforce the provisions of this section and shall provide written notice to anyone in violation. A fine of $100 per day shall be levied against any person in violation, beginning 30 days from the date the notice is issued. The Conservation Commission Officer shall notify the Building Inspector of any possible violations.
It is the express purpose of this section to minimize the visual and environmental impacts, as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the City or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the City without first obtaining development review approval or a special permit from the special permit granting authority (SPGA), as provided herein. The Board of Appeals shall be the SPGA for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the City. This section is intended to be used in conjunction with other regulations adopted by the City, and other zoning and general ordinances designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in Haverhill.
1. 
The regulation of wireless service facilities is consistent with the purpose of this chapter and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of Haverhill, enhancement of open space areas and respect for Haverhill's rural character.
A wireless service facility shall require a building permit in all cases and may be permitted as follows:
1. 
The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public.
2. 
A wireless service facility may locate as of right on any preexisting structure or telephone pole, existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit has been issued under this section, provided that the new facility shall first obtain review approval from the Board of Appeals and, provided further, that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located.
3. 
No other wireless service facility shall be located in the City except upon issuance of a special permit in accordance with this section. Such a facility may be located in any zoning district in the City, provided that the proposed facility satisfies all of the requirements set forth herein.
Applicants seeking approval for wireless service facilities shall comply with the following:
1. 
If feasible, wireless service facilities shall be located on preexisting structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate.
2. 
If the applicant demonstrates to the satisfaction of the SPGA that it is not feasible to locate on a preexistent structure, wireless service facilities shall be camouflaged to the greatest extent possible, including, but not limited to, use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings, and placement within trees.
3. 
The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or special permit.
Wireless service facilities shall comply with the following requirements:
1. 
Height, General. Regardless of the type of mount, wireless service facilities shall be no higher than 10 feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
2. 
Height, Ground-Mounted Facilities. Ground-mounted wireless service facilities shall not project higher than 10 feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site.
3. 
Height, Side- and Roof-Mounted Facilities. Side- and roof-mounted wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with the respect to height, provided that the facilities do not project above the existing building height.
4. 
Height, Preexistent Structures (Utility). New antennas located on any of the following structures existing on the effective date of this section shall be exempt from the height restrictions of this section provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: water towers, guyed towers, lattice towers, fire towers and monopoles.
5. 
Setbacks. All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
a. 
In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line shall be two times the height of the facility/mount, including any antennas or other appurtenances. This setback is considered the "fall zone." A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types.
b. 
In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent nonconforming structures, wireless service facilities and their equipment shelters shall not increase any nonconformity.
1. 
Camouflage by Existing Buildings or Structures.
a. 
When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
b. 
Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over five square feet, shall be shielded with material which is consistent with the design features and materials of the building.
2. 
Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings.
3. 
Color.
a. 
Wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
b. 
To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds.
4. 
Equipment Shelters. Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards:
a. 
Equipment shelters must be located in underground vaults; or
b. 
Designed consistent with traditional materials, color and design of the area; or
c. 
Camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence acceptable to the permitting authority.
1. 
Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandle when measured at grade.
2. 
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of § 6.2.
3. 
All ground-mounted wireless service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public.
1. 
Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.
2. 
Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible.
3. 
Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
4. 
The Historic District Commissions established pursuant to Chapter 54 of this Code must review all appropriate facilities within their jurisdictions.
1. 
No facility shall be located within 300 feet of any public way now or in the future designated as a scenic road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this section shall apply.
2. 
Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required herein regarding camouflage, above, all ground-mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
1. 
Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed.
2. 
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials.
3. 
Stormwater runoff as a result of the wireless facility shall be contained on site and comply with the DEP stormwater management regulations as applicable.
4. 
Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier.
5. 
Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
1. 
Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation ("FCC Guidelines") or any other applicable FCC guidelines and regulations.
2. 
Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility.
The Special Permit Granting Authority (SPGA) for wireless service facilities shall be the Board of Appeals. The following shall be included with an application for a special permit for all wireless service facilities:
1. 
General Filing Requirements:
a. 
Name, address and telephone number of applicant and any coapplicants as well as any agents for the applicant or coapplicants. A twenty-four-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility.
b. 
Coapplicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility.
c. 
Every application for a wireless service facility special permit shall include at least one licensed carrier and the owner of the land as an applicant or a coapplicant.
d. 
Original signatures are required for the applicant and all coapplicants applying for the special permit. If an agent represents the applicant or coapplicant, an original signature authorizing the agent to represent the applicant and/or coapplicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in this chapter and the rules and regulations of the SPGA, as applicable, must be complied with.
2. 
Location Filing Requirements:
a. 
Identify the subject property by including the name of the nearest road or roads, street address, and Assessor's Map and Parcel number of subject property.
b. 
Identify the zoning district designation for the subject parcel. Submit a copy of City Zoning Map with parcel identified.
c. 
A locus map at a scale of one inch equals 1,500 feet showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
d. 
A map showing the other preexistent and approved wireless service facilities in Haverhill and outside Haverhill within one mile of its boundary.
e. 
GPS all equivalent system locating by latitude and longitude wireless service facilities.
3. 
Siting Filing Requirements. A plan at one inch equals 40 feet prepared by a registered professional engineer in the Commonwealth of Massachusetts showing the following:
a. 
Property lines for the subject property.
b. 
Property lines of all properties within 300 feet of the proposed location.
c. 
Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height.
d. 
Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property.
e. 
Proposed location of antenna, mount and equipment shelter(s).
f. 
Proposed security barrier, indicating type and extent as well as point of controlled entry.
g. 
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility.
h. 
Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan.
i. 
Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet.
j. 
All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways.
k. 
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility.
l. 
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from the Section 7.4.12.[1]
[1]
Editor's Note: So in original.
m. 
Location of all wetlands on the subject property and within 100 feet of the proposed facility as approved by the Conservation Commission.
1. 
Sight Line Representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at a one-inch-equals-forty-feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.
2. 
Preexistent (Before Condition) Photographs. Each sight line shall be illustrated by one four-inch-by-six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet.
3. 
Proposed (After Condition) Photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built.
4. 
Siting elevations or views at-grade from the north, south, east and west for a fifty-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. Elevations shall be at either a scale of 1/4 inch equals one foot or 1/8 inch equals one foot and show the following:
a. 
Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters, if any, must be shown in order to be included in the special permit.
b. 
Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
c. 
Any and all structures on the subject property.
d. 
Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
e. 
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
1. 
Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
2. 
Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
3. 
Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
4. 
Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
5. 
Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any, for the total height, width and breadth.
6. 
Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
7. 
During the public hearing process the applicant shall schedule with the Board of Appeals a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility.
8. 
If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and 25 feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed.
The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following:
1. 
Preexistent or ambient: the measures of preexistent noise.
2. 
Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment.
3. 
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and § 6.3.
1. 
All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC radio frequency emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The permit granting authority may condition any special permit granted under this section upon a periodic submittal of certification of compliance with said standards.
2. 
In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all collocators, for the following situations:
a. 
Preexistent or ambient: the measurement of preexistent RFR.
b. 
Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment.
c. 
Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radiofrequency radiation standards of this section.
d. 
The applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions.
1. 
At the time of application filing, an environmental assessment (EA) that meets FCC requirements shall be submitted to the City for each wireless service facility site that requires such an EA to be submitted to the FCC.
2. 
The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government.
The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
The SPGA may retain a technical expert at any time to provide for a professional review and to insure compliance with the technical requirements of this section, with the cost of such a technical expert to be borne by the applicant.
Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are standalone facilities. All applicants for a special permit for a wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
1. 
A survey of all preexistent structures that may be feasible sites for collocating wireless service facilities;
2. 
Contact with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and
3. 
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
4. 
An applicant shall demonstrate to the Board of Appeals that it has made a good faith effort to collocate its facility upon an existing facility. The City may deny a special permit to an applicant who has not demonstrated a good faith effort to provide for collocation.
5. 
If the applicant does intend to collocate or to permit collocation, the City shall request drawings and studies that show the final appearance and operation of the wireless service facility at full buildout.
6. 
If the SPGA approves collocation for a wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit. This allows a carrier to "pre-permit" a site for additional facilities so that they will not have to apply for another special permit later.
7. 
In order to determine compliance with all applicable FCC regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all collocators.
A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a special permit when the following events apply:
1. 
The applicant and/or coapplicant want to add any equipment or additional height not specified in the original design filing.
2. 
The applicant and/or coapplicant want to alter the terms of the special permit by changing the wireless service facility in one or more of the following ways:
a. 
Change in the number of facilities permitted on the site;
b. 
Change in technology used for the wireless service facility.
1. 
After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the special permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC guidelines as specified herein, regarding RFR filing requirements of this section. The measurements shall be submitted for both the applicant and all collocators.
2. 
After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the special permit and at annual intervals from the date of issuance of the special permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the standards of Chapter 182, Noise, of this Code.
3. 
The applicant and coapplicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping.
4. 
Failure to provide the information required in this section shall result in a fine of not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
1. 
At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the City by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations.
2. 
Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
a. 
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
b. 
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c. 
Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition.
3. 
As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the City may place a lien upon the property covering the difference in cost.
4. 
A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within 90 days. In the event that the carrier fails to remove the facility, the City shall give notice to the carrier arid the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility.
5. 
Failure to follow the provisions of this section shall result in a fine of not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this section may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the City than the preexistent nonconforming structure. In making such a determination, the SPGA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for collocation, improvements in public safety, and/or reduction in visual and environmental impacts.
1. 
Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA.
2. 
Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit.
3. 
Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the special permit holder.
A special permit issued for any wireless service facility shall be valid for three years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.0 of this chapter.
Over three coin-operated machines, as defined in Chapter 104 of the Code, in any establishment other than bars, clubs and bowling alleys and skating rinks, constitute an amusement arcade (under the general category of amusement facility) allowed only in CH, CG, BG, and BP Zones throughout the City (except for the Central Business District as defined below where arcades shall not be allowed) which requires a special permit from the Board of Appeals. The sale and/or consumption of alcoholic beverages shall be prohibited in all amusement arcades. For the purpose of this section, the Central Business District is defined as that area enclosed by the following boundaries: starting at the point of intersection of Mill Street and Ginty Boulevard southerly along the projected center line of Mill Street to the Merrimack River floodwall; thence westerly along the floodwall to its intersection with the B & M railway line; thence northerly along the railway line to its intersection with the projected center line of Granite Street; thence northeasterly along the center lines of Granite Street and Locust Street to Walnut Street; thence southwesterly along the center line of Walnut Street to Bailey Boulevard; thence easterly along the center lines of Bailey Boulevard and Ginty Boulevard to the point of origin.
Access from any R Zoning District to an existing roadway which must pass through or into any other R Zoning District or through any C or I District is permitted.
1. 
Access from any I or C Zoning District to an existing roadway which must pass through or into any other I or C Zoning District is permitted.
2. 
Access from any I or C Zoning District to an existing roadway which must pass through an R or S Zoning District may be permitted by a special permit issued by the Board of Appeals.
The purpose of this section is to regulate and restrict the creation of new solar energy systems, particularly large-scale ground-mounted solar energy systems and roof-mounted solar energy systems, by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
See "solar energy systems" in Section 11.0.
This section applies to all types of solar energy systems.
1. 
Large-scale ground-mounted solar energy systems are allowed in any district, except the Waterfront District (in which they are prohibited), upon the grant of a special permit from the City Council (the "SPGA").
2. 
Medium-scale ground-mounted solar energy systems are allowed in any district, except the Waterfront District (in which they are prohibited), subject to development review and approval under § 10.1.4 and the other requirements of this section.
3. 
Large-scale and medium-scale roof-mounted solar energy systems are allowed as of right in all districts. Such solar energy systems require development review and approval as per § 10.1.4.
4. 
Solar energy systems owned by, operated by, or developed for and on behalf of the City are allowed as-of-right in all districts subject to development review and approval under Section 10.1.4 and the other requirements of this section.
5. 
Small-Scale roof-mounted solar energy systems which are an accessory to an existing residential use do not need to comply with this section, but require a building permit and must comply with the other provisions of this chapter as may be applicable.
The following requirements shall apply to all such solar energy systems.
1. 
Compliance with Laws, Ordinances and Regulations. The construction and operation of all large-scale ground-mounted solar energy systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar installation shall be constructed in accordance with the State Building Code.
2. 
Building Permit and Building Inspection. No large-scale ground-mounted solar energy system shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
3. 
Fees. The application for a building permit for a large-scale ground-mounted solar energy system must be accompanied by the fee required for a Building Permit and special permit.
All a) large-scale and medium-scale ground-mounted solar energy systems, b) large-scale and medium-scale roof-mounted solar energy systems, and c) solar energy systems owned by, operated by, or developed for and on behalf of the City (hereinafter, the "regulated solar energy systems"), shall submit the information contained in this § 7.8.5. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The project applicant shall provide the following documents in addition to or in coordination with those required for development plan approval per § 10.1.4.
1. 
Plan. The plan must include the following:
a. 
Property lines and physical features, including roads and topography, for the project site;
b. 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures including their height;
c. 
Locations of wetlands, priority habitat areas defined by the Natural Heritage & Endangered Species Program (NHESP);
d. 
Locations of floodplains or inundation areas for moderate or high hazard dams;
e. 
Locations of priority heritage landscapes and local or national historic districts;
f. 
A list of any hazardous materials proposed to be located on the site in excess of household quantities and a plan to prevent their release to the environment as appropriate;
g. 
Blueprints or drawings of the regulated solar energy system signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
h. 
One or three line electrical diagram detailing the regulated solar energy system, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
i. 
Documentation of the major system components to be used, including the electric generating components, transmission systems, mounting system, inverter, etc.;
j. 
Name, address, and contact information for proposed system installer;
k. 
Name, address, phone number and signature of the project applicant, as well as all co-applicants or property owners, if any;
l. 
The name, contact information and signature of any agents representing the project applicant;
m. 
Fire protection measures;
n. 
Storm drainage, including means of ultimate disposal and calculations;
o. 
Existing trees 10 inches in caliper or better and existing tree/shrub masses; proposed planting, landscaping, and screening. Every abutting property shall be visually screened from the project through any one or combination of the following location, distance, plantings, existing vegetation and fencing. Said screening is not required to exceed eight feet in height and the applicant shall demonstrate that the proposal provides visual screening;
p. 
Certified list of abutters.
2. 
Site Control. The project applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed regulated solar energy system.
3. 
Operation and Maintenance Plan. The project applicant shall submit a plan for the operation and maintenance of the regulated solar energy system, which shall include measures for maintaining safe access to the regulated solar energy system, stormwater management consistent with City's and DEP's stormwater regulations and vegetation controls, as well as general procedures for operational maintenance of the regulated solar energy system.
4. 
Zoning. Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose).
5. 
Insurance. The project applicant shall provide proof of liability insurance.
6. 
Financial Surety. Applicants proposing a regulated solar energy system shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the City must remove the regulated solar energy system and remediate the landscape, in an amount and form determined to be reasonable by the Planning Director, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project applicant and the City. Such surety will not be required for municipal regulated solar energy system. The project applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
7. 
Utility Notification. A regulated solar energy system shall be constructed until evidence has been given to the Planning Director that the utility company that operates the electrical grid where the system is to be located has been informed of the regulated solar energy system's owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
1. 
Setbacks. For large-scale, medium-scale, and municipal ground-mounted solar energy systems, front, side and rear setbacks shall be as follows:
a. 
Front yard. The front yard depth shall be at least 100 feet.
b. 
Side yard. Each side yard shall have a depth of at least 75 feet; provided, however, that where the lot abuts a residential district, the side yard shall not be less than 100 feet.
c. 
Rear yard. The rear yard depth shall not be less than 75 feet; provided, however, that where the lot abuts a residential district, the rear yard shall not be less than 100 feet.
2. 
Appurtenant Structures. All appurtenant structures large-scale, medium-scale, and municipal ground-mounted solar energy systems shall be subject to reasonable conditions concerning the bulk and height of structures, lot area, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
1. 
Lighting. Lighting of large-scale, medium-scale, and municipal ground-mounted solar energy systems shall be consistent with local, state and federal law. Lighting of other parts of the system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of such systems shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
2. 
Signage. Signs on large-scale, medium-scale, and municipal ground-mounted solar energy systems shall comply with this Zoning Ordinance. A sign shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Such systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar installation.
3. 
Utility Connections. Electrical transformers or other utility interconnections shall be constructed as required by the utility provider and may be above ground only if necessary. Reasonable efforts shall be made to place all utility connections from the solar energy system underground (if feasible), depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider.
4. 
Roads. Access roads shall be constructed to a minimum width of 22 feet and paved or compacted to provide suitable access for fire, police, and emergency vehicles. Such roads shall be designed to minimize removal of stone walls or street trees and minimize impacts to environmental or historic resources. Such roads shall be maintained and cleared throughout the year.
5. 
Control of Vegetation. Herbicides may not be used to control vegetation at the large-scale, medium-scale, and municipal ground-mounted solar energy systems. Mowing or the use of pervious pavers or geotextile materials underneath the solar array is a possible alternative.
6. 
Hazardous Materials. Hazardous materials stored, used, or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar equipment then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.
1. 
Emergency Services. The regulated solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and Plan to the Fire Chief, DPW, and Emergency Management Director. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan including the training of any municipal first responders. All means of shutting down the large-scale, medium-scale, and municipal ground-mounted solar energy systems and regulated solar energy systems shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of such system.
2. 
Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the regulated solar energy system or otherwise prescribed by applicable laws, regulations, and ordinances.
1. 
Solar Installation Conditions. The regulated solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Management Director. The owner or operator shall be responsible for the cost of maintaining such system and any access road(s).
2. 
Modifications. All material modifications to a regulated solar energy system made after issuance of the required building permit shall require approval by the SPGA and/or development review team.
3. 
Annual Reporting. The owner or operator of the regulated solar energy system shall submit an annual report demonstrating and certifying compliance with the operation and maintenance plan required herein and the requirements of this section and approved per § 10.1.4, including control of vegetation, noise standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by such system. The report shall be submitted to the City Council, Planning Director, Fire Chief, Emergency Management Director, Building Commissioner, Board of Health and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year.
1. 
Removal Requirements. Any regulated solar energy system which has reached the end of its useful life or has been abandoned (see Subsection 2, below) shall be removed. The owner or operator shall physically remove such system no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Planning Director by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
a. 
Physical removal of all regulated solar energy system structures, equipment, security barriers and transmission lines from the site;
b. 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and
c. 
Stabilization or re-vegetation of the site as necessary to minimize erosion. Approval per § 10.1.4 may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
2. 
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a regulated solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Director. If the owner or operator of the regulated solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the City may enter the property and physically remove such system at the owner's expense.
3. 
Financial Surety. Applicants shall submit documentation of financial surety that satisfies this section.
In addition to any other criteria set forth in this chapter for the grant of a special permit, the SPGA shall consider whether the grant of a special permit for a large-scale ground-mounted solar energy system will promote the highest and best use of the subject property, taking into account the characteristics of the subject property, including past land uses, possible presence of hazardous materials, and other development limitations.
Approval per § 10.1.4 may impose reasonable conditions consistent with the applicable standards set forth herein for the such solar energy systems.
Any proposed development requiring a special permit or Development Plan review and approval under § 10.1.4 which will be greater than or equal to 10,000 gross square feet or contain 10 or more residential dwelling units shall include a plan showing a roof-mounted solar energy system that is equivalent to a minimum of 50% of the solar-ready zone of all buildings. In cases where a site includes an uncovered parking structure the structure shall also have a solar energy system installed to cover a minimum of 90% of its top level.
Such proposed developments shall provide a solar energy system assessment. Such assessment shall include, at a minimum:
1. 
An analysis for roof-mounted solar energy system(s) for the site detailing layout and annual production.
2. 
Identification of the maximum feasible solar-ready zone of all structures and potential ground-mounted canopies.
3. 
An initial solar energy system assessment shall be submitted with the required application for a Development Plan approval under § 10.1.4.
A development project will not be required to install a roof-mounted solar energy system when there is no solar-ready zone, or the solar-ready zone is shaded for more than 50% of daylight hours annually, or for building conversions with insufficient structural load capacity.
It is the purpose of this section governing adult uses to address and mitigate the secondary effects of adult uses and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the City, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the City. All of said secondary impacts are adverse to the health, safety and general welfare of the City and its inhabitants.
1. 
The provisions of this section have neither the purpose nor intent of imposing a limitation 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 section to restrict or deny access by adults to adult uses or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or 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 section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
This section is enacted pursuant to MGL Chapter 40A and pursuant to the Massachusetts Constitution to serve the compelling City interests of limiting the location of and preventing the clustering and concentration of certain adult uses for the reasons set forth, above.
An adult use may be permitted as set forth in the Table of Use Regulations[1] by special permit by the Board of Appeals provided a written determination is issued by said board that the special permit decision criteria of § 10.5 have been met.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
1. 
Adult uses may not be located less than 500 feet from any residential district or 1,000 feet from another adult use.
2. 
Such use shall not be permitted along primary access ways into the City along Washington Street, Groveland Street, Lincoln Avenue, Water Street, Main Street, Broadway, North Broadway, River Street, Kenoza Avenue, Monument Square, and Hilldale Avenue.
3. 
Such use shall not be permitted within the CBD and only allowed by special permit from the City Council in the CG and BG Districts.
1. 
In no instance shall the Board of Appeals issue a special permit to any person convicted or violating MGL c. 119, § 63 or MGL c. 272, § 28.
2. 
No pictures, publications, electronic media, or other implements, items, or advertising that fall within the definition of adult merchandise shall be displayed in store windows or be visible from areas used by the general public.
3. 
No one under age 21 shall be admitted to any adult use.