[HISTORY: Adopted by the Town of Burlington 7-1-2006. Amendments noted where applicable.]
The intent of this chapter is to regulate uses which, by their
very nature, are recognized to have serious and undesirable secondary
effects, such as, but not limited to, an increase in crime and/or
prostitution, upon an area, particularly when several such uses are
concentrated. Special regulation of these uses is necessary to ensure
that these adverse effects will not contribute to the blighting or
downgrading of the area in which the adult-oriented establishment
is located or its surrounding neighborhoods. The regulation of such
uses is for the purpose of preventing a concentration of these uses
in any one area and promoting the public health and safety of the
Town of Burlington.
For the purpose of applying the provisions of this chapter the
terms below shall be defined as follows:
An establishment where, for any form of consideration or
gratuity, one or more motion-picture projectors, slide projectors
or similar machines, for viewing by five or fewer persons each, are
used to show films, slides or other photographic reproductions, including
but not limited to computer images which are characterized by an emphasis
on depicting or describing specified sexual activity or specified
anatomical areas.
A business having a portion of its stock-in-trade in books,
films, photographs, tapes, periodicals and digital or analogue CDs
characterized by an emphasis on depicting or describing specified
sexual activity or specified anatomical areas or defining itself as
such by advertising as an adult-oriented business to the general public.
A nightclub, bar, restaurant, theater or similar establishment
which features performances which are characterized by the exposure
of specified anatomical areas and/or an emphasis on depicting or describing
specified sexual activities or which defines itself as such by advertising
as an adult-oriented business to the general public.
Any place where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity.
Excluded from this definition are any licensed educational institutions
where the exposure of specified areas is associated with a curriculum
or program.
A commercial establishment which offers public accommodations,
for any form of consideration or gratuity, and provides patrons with
closed-circuit television transmissions, images transmitted by computer,
films, videocassettes, slides or other photographic reproductions
which are characterized by an emphasis on depicting or describing
specified sexual activity or specified anatomical areas and which
advertises the availability of this type of material by means of a
sign(s) visible from a public right-of-way or by means of off-premises
advertising in newspapers, magazines, leaflets, radio or television;
offers a sleeping room for rent for a period of time less than 10
hours or allows a tenant or occupant to sub-rent a sleeping room for
a time period less than 10 hours; or defines itself as such by advertising
as an adult-oriented business to the general public.
A business having a portion of its stock-in-trade in paraphernalia,
devices or equipment characterized by an emphasis on depicting or
describing specified sexual activity or used in connection with specified
sexual activity or defining itself as such by advertising as an adult-oriented
business to the general public.
A theater, concert hall, auditorium or similar establishment
which, for any form of consideration or gratuity, regularly features
live performances or the presentation of films, videocassettes, slides
or similar photographic reproductions characterized by an emphasis
on depicting or describing specified sexual activity or specified
anatomical areas.
Any business or operation where any employee, operator, independent
contractor, patron, visitor or owner exposes his or her specified
anatomical area and/or performs, demonstrates or depicts specified
sexual activities in the sale or rental of a service or product for
the observation or use by patrons, or conforms to one or more of the
following definitions:
[Amended 4-23-2019]
Includes any of the following:
The opening or commencement of any such establishment as a new
establishment;
The conversion of an existing establishment, whether or not
an adult-oriented establishment, to any of the adult-oriented establishments
defined herein;
The addition of any of the adult-oriented establishments defined
herein to any other business or operation; or
The relocation of any adult-oriented establishment.
A business that regularly offers, for any form of consideration,
activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminude.
This definition does not apply to any treatment or examination of
another person for a bona fide medical purpose when such treatment
or examination is conducted in a manner substantially consistent with
reasonable medical practices.
Less than completely and opaquely covered human genitals,
pubic region, buttock, and female breasts below a point immediately
above the top of the areola, and human male genitals in a discernibly
turgid state even if completely and opaquely covered.
Includes human genitals in a state of sexual stimulation
or arousal; acts of human masturbation, sexual intercourse or sodomy;
or fondling or other erotic touching of human genitals, pubic region,
buttock or female breasts.
Adult-oriented establishments shall only be permitted within
an Industrial Zone as established by the Zoning Regulations of the
Town of Burlington and upon the approval or modification and approval
of the Commission of an application for a special permit use submitted
to the Planning and Zoning Commission by the owners of the land. Such
use is to be conducted by the owners of the land or their representative.
In addition to the specific requirements listed in this section, the
Planning and Zoning Commission must find that the application complies
with the standards set forth in those regulations, as amended, for
application procedures, hearing and notice requirements for special
permits.
A.
The Zoning Regulations notwithstanding, no building or use of land
for the establishment of an adult-oriented establishment shall be
approved in the Town of Burlington unless the following requirements
are met:
(1)
No adult-oriented establishment shall be established on a lot if
any portion of such lot is situated within a radius of 1,000 feet
of any lot used or approved to be used for a day care, nursery, public
or private school primarily attended by persons 18 years of age and
younger, playground, house of worship or library.
(2)
No adult-oriented establishment shall be established on a lot if
any portion of such lot is situated within a radius of 1,000 feet
of any lot used or approved to be used for an adult-oriented establishment.
(3)
No adult-oriented establishment shall be established on the same
lot that is used or approved to be used for an adult-oriented establishment.
(4)
No adult-oriented establishment shall be established on a lot if
any portion of such lot is situated within a radius of 1,000 feet
of any lot located in a residential zoning district.
B.
No alcoholic beverages shall be sold or consumed within adult-oriented
establishments.
C.
Adult-oriented establishments shall be so designed as not to permit
the view of any sexual aids or paraphernalia, films, books, tapes,
periodicals, CDs, drawings or advertisements depicting specified anatomical
areas or specified sexual activity from a sidewalk, street, driveway
or parking area.
D.
Any signs located inside or outside an adult-oriented establishment
visible from a sidewalk, street, driveway or parking area shall not
visually depict, describe or name any specified anatomical area or
specified sexual activity.
At the time of the public hearing the Commission may require
the submission of projected hours of operation. The Commission shall
review the impact of such schedule of hours on the immediate neighborhood
as well as current and projected traffic circulation patterns. As
part of the special permit, reasonable limitations on hours of operation
may be imposed for public health and safety.
[Amended 4-23-2019]
Any activity, use or conduct in violation of this chapter shall
be a unique and single act. Each day or part of a day during which
such activity, use or conduct takes place shall constitute a separate
and distinct violation. The penalty for a violation of this chapter
shall be $100 per occurrence, enforced through the State of Connecticut
Centralized Infractions Bureau by the issuance of an infraction ticket
pursuant to C.G.S. § 51-164n.
