The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines 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.
An establishment having as a substantial or significant portion
of its activities or entertainment persons performing in a manner
distinguished by an emphasis on matter depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment offering activities or goods or providing
services where employees, entertainers or patrons engage in sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment, a building or portion thereof, or a use
of land having a substantial or significant portion of its business
activity, stock-in-trade, or other matter or materials for sale, rental,
distribution or exhibition which are distinguished or characterized
by their emphasis on depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, including
but not limited to the following: adult bookstore; adult club; adult
entertainment establishment; adult motion-picture theater; adult paraphernalia
store; adult video store.
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies or other film materials 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.
A medical establishment providing medical or surgical care,
counseling or treatment for persons in need.
Shall mean only a building and shall not include access roads,
parking lots, signs, fences, detached walls, or any other portion
of a lot on which the structure is located.
Any of the following:
Twenty percent or more of the business inventory or stock of
merchandise for sale, rental, distribution or exhibition during any
period of time;
Twenty percent or more of the annual number of gross sales,
rentals or other business transactions;
Twenty percent or more of the annual gross business revenue;
or
Twenty percent or more of the hours during which the establishment
is open.
Any facility or outdoor area where a substantial portion
of its use or programs are devoted to or offered for activities or
recreation for minors, regardless of whether the facility is public
or private. Such facilities include, but are not limited to, playgrounds,
swimming pools, libraries or day-care facilities.
It is the purpose and intent of this division to address and
mitigate the secondary effects of the adult uses and sexually oriented
businesses referenced in this division, since such secondary effects
have been found as a result of numerous studies, and after other public
input, 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 which secondary
impacts are adverse to the health, safety and general welfare of the
City and its inhabitants. The provisions of this division have neither
the purpose nor the 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 division to restrict or deny access by adults to
adult uses and to sexually oriented matter or materials protected
by the Constitution of the United States of America and of the commonwealth,
or 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
division to legalize the sale, rental, distribution or exhibition
of obscene or other illegal matter or materials or rights that distributors
or exhibitors of such matter or materials may have to sell, rent,
distribute or exhibit such matter or materials.
If any provision of this division shall be determined invalid
by a court of competent jurisdiction or otherwise, the remaining provisions
of this division not manifestly inseparable from the invalid provision
shall remain in full force and effect.
Any change, expansion, alteration or extension of an adult use
or structure lawfully in existence prior to the adoption of this division
shall not be allowed without meeting all requirements of this division.
In those districts which permit adult use, a special permit
shall be required for any such adult use, to be granted by the Zoning
Board of Appeals pursuant to MGL c. 40A, § 9A.
A.
Application. The application for a special permit for an adult use
must include the following:
(1)
The name and address of the legal owner of the proposed adult use
establishment;
(2)
The name and address of all persons having a lawful, equity or security
interest in the adult use establishment;
(3)
A sworn statement stating that neither the applicant nor any person
having a lawful, equity or security interest in the adult use establishment
has been convicted of violating the provisions of MGL c. 119, § 63,
or MGL c. 272, § 28;
(4)
The name and address of the manager of the adult use establishment;
(5)
Proposed provisions for security within and without the adult use
establishment;
(6)
The number of employees; and
(7)
The present and proposed physical layout of the interior of the adult
use establishment.
B.
Ineligibility for permit. No special permit for an adult use shall
be issued to any person convicted of violating MGL c. 119, § 63,
or MGL c. 272, § 28.
C.
Public hearing. The Zoning Board of Appeals shall hold a public hearing
within 65 days after the filing of an application with the Board of
Appeals. The Zoning Board of Appeals shall act on an application within
90 days following the public hearing. Failure by the Board to take
final action upon an application for a special permit within said
90 days shall be deemed to be a grant of the permit applied for. Issuance
of a special permit shall require a vote of at least four of the five
members of the Board.
D.
Expiration. Any adult use special permit issued under this division
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.
E.
Notification of change in owner or manager. Any adult use special
permit issued under this division shall require that the owner of
such adult use shall supply on a continuing basis to the Building
Inspector any change in the name or address of the record owner or
any change in the name of the current manager, and that failure to
comply with this provision shall result in the immediate revocation
of such special permit. If anyone so identified is or is found to
be convicted of violating MGL c. 119, § 63, or MGL c. 272,
§ 28, such special permit shall immediately be null and
void.
F.
Agreement to terms and conditions. No adult use special permit issued
under this division shall become valid or in full force and effect
until and unless the owner of the property containing such adult use
shall supply to the Building Inspector a notarized statement agreeing
to all terms and conditions of the adult use special permit.
A.
Each application for a special permit shall be accompanied by a site
plan for the location of the proposed adult use, accurately depicting
the structures and other improvements existing on the lot or to be
constructed on the lot, demonstrating that the site shall comply with
all setbacks, buffer zones and other dimensional requirements of this
division.
B.
Dimensional requirements. Any building or structure containing an
adult use shall meet the setback requirements and other dimensional
controls of the appropriate district as specified in this chapter.
For any property proposed to contain an adult use, the applicant for
a special permit for such use shall demonstrate that the entire property
shall comply with the requirements and controls in this division following
the establishment of such use on such property.
C.
Parking and loading spaces shall be set back a minimum of 50 feet
from any street or property line and 750 feet from any structure used
in whole or in part for residential purposes. Drives providing vehicular
access from a public or private way to parking and loading areas shall
be set back a minimum of 50 feet from any property line. Adequate
space for the parking of vehicles shall be permanently reserved at
the following rates:[1]
(1)
One per each three seats of total seating capacity for restaurants,
clubs and places of assembly.
(2)
One per 200 square feet of gross floor area for retail establishments
and office space.
(3)
A minimum of one off-street loading facility properly screened from
neighboring properties and streets.
(4)
A minimum of eight parking spaces for any adult use.
D.
Landscaping. A perimeter strip no less than four feet in width adjacent
to any public or private way shall be permanently maintained and cultivated
in grass, shrubs, flowers, trees or other green ground cover, except
for the openings provided for pedestrian sidewalks connecting to the
public sidewalks and for the openings provided for vehicular entrance
and exit.
E.
Signs. All signs for an adult use must meet the requirements of § 86-420.[2] In addition, no advertisement, display or other promotional
matter that 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.
Further, illumination of buildings or signs shall be shielded to prevent
glare. Flashing, moving or intermittent illumination shall not be
permitted.
If the adult use allows for the showing of films or videos within
the premises, the booths in which the films or videos are viewed shall
not be closed off by curtains, doors or screens. All booths must be
able to be clearly seen from the center of the establishment.
Adult businesses shall comply with all the following development
and performance standards:
A.
Advertisements. Advertisements, displays or other promotional materials
for an adult business depicting or describing matter which is distinguished
or characterized by its emphasis depicting or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, shall
not be shown or exhibited so as to be visible from other areas open
to the general public.
B.
View into interior. All building openings, entries and windows for
an adult entertainment business shall be located, covered or screened
in such a manner as to prevent a view into the interior of an adult
business from any area open to the general public.
C.
Posting of notice prohibiting minors. All entrances to an adult entertainment
business shall be clearly and legibly posted with a notice indicating
that minors are prohibited from entering the premises.
D.
Sound equipment. No loudspeakers or sound equipment shall be used
by an adult entertainment business for the amplification of sound
to a level discernible by the public beyond the walls of the building
in which the adult entertainment business is conducted.
E.
Hours. An adult entertainment business shall not remain open for
business, or permit any employee to engage in a performance, solicit
a performance, make a sale, solicit a sale, provide a service or solicit
a service, between the hours of 1:00 a.m. and 10:00 a.m. of any particular
day. These hours of operation may be further restricted in the conditions
approving a special use permit for an adult entertainment business.
