[Added 5-6-2004]
The purpose of this bylaw is to establish reasonable and uniform
regulation of adult entertainment uses within the Town of Hadley.
The intent of the bylaw is to address and mitigate the negative secondary
effect of adult entertainment uses. Studies have documented that the
quality of life in a community is degraded by adult entertainment
establishments as a result of increased levels of crime; depreciation
of property values; adverse impacts on the business climate; adverse
impacts on neighborhood character; and adverse impacts on public health,
including noise, litter, unsanitary conditions, traffic and adverse
influence on children.
The provisions of this bylaw have neither the purpose nor the
effect of imposing limitation or restriction on the content of any
communicative materials, and it is not the intent nor effect of this
bylaw to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment or to deny access by the distributors
and exhibitors of adult entertainment to their intended market. It
is neither the intent nor the effect of this bylaw to condone or legitimize
the distribution of obscene or other illegal matter or materials.
[Amended 5-5-2011 ATM by Art. 18; 5-22-2021 ATM by Art. 3]
Adult entertainment uses shall be allowed in the Industrial
Zoned District with the granting of a special permit by the Board
of Appeals.
23.4.1.
Applications for a special permit
under this section shall comply with the requirements of the special
permit and site plan approval, §§ 8.4 and 8.5 of this
bylaw. In addition to the submittal requirements of §§ 8.4
and 8.5, the special permit application and site plan shall include
the following information:
(1)
The name and address of the legal owner of the establishment,
the legal owner of the property, and the manager of the proposed establishment.
23.5.1.
The Board of Appeals shall issue a special permit for an adult
entertainment use if the following minimum criteria are met:
23.5.1.1.
Adult entertainment uses shall not be located within:
(1)
Two hundred feet from any residence.
(2)
Two hundred feet from any public or private school, state-approved
child-care facility, or nursery school.
(3)
Two hundred feet from any church or other facility used for
religious purposes.
(4)
Two hundred feet from any playground.
(5)
Two hundred feet from any other adult entertainment use within
the Industrial District.
[Amended 5-5-2011 ATM by Art. 18]
(6)
Two hundred feet from any establishment licensed under MGL c.
138, § 12.
23.5.1.2.
All adult entertainment uses shall be required to operate during
the same time period of businesses as set forth by the Town for all
liquor license establishments.
23.5.1.3.
All building openings, entries and windows shall be screened
in such a manner as to prevent visual access to the interior of the
establishment by the public.
23.5.1.4.
No adult entertainment use shall be allowed to display any advertisement,
sign, placard or other matter or visual material containing or depicting
nudity, sexual conduct or sexual excitement.
23.5.1.5.
No adult entertainment use shall be allowed to disseminate or
offer to disseminate adult matter or paraphernalia to minors or suffer
minors to view displays or linger on the premises.
23.5.1.6.
Any special permit granted for an adult entertainment use shall
be personal to the applicant, shall not run with the land and shall
expire upon expiration of the applicant's lease or upon sale or transfer
of the subject's property/business.
23.5.1.7.
Any adult entertainment use granted a special permit shall comply
with all other Town bylaws and all statutes of the Commonwealth of
Massachusetts regarding public nuisances, sexual conduct, lewdness,
obscene or harmful matter or the exhibition or public display thereof.
MGL c. 119, § 63 and MGL c. 272, § 28.
23.5.2.
Conditions, safeguards, and limitations for adult entertainment
uses. In granting a special permit, the Board of Appeals may impose
additional conditions, safeguards and limitations on the permit, including
but not limited to additional buffer zones or screening.
23.5.3.
Expiration. Any adult entertainment use special permit granted
shall expire after a period of two calendar years from its date of
issuance and shall be automatically renewable for successive two-year
periods thereafter, provided that a written request for such renewal
is made to the special permit granting authority prior to said expiration
and that no objection to said renewal is made and sustained by the
special permit granting authority based upon the public safety factors
applied at the time that the original special permit was granted.
23.5.4.
Preexisting adult entertainment uses. Any existing adult entertainment
use shall apply for a special permit from the Board of Appeals within
90 days following the adoption of this bylaw, with the exception of
those existing establishments that meet the criteria of § 23.5.1.
The provisions of this section are severable, and in the event
that any provision of this section is determined to be invalid for
any reason, the remaining provisions shall remain in full force and
effect.