[12-17-2001 STM, Arts. 1 and 2]
A. 
It is the purpose and intent of this bylaw to address and mitigate the secondary effects of the adult uses referenced herein, which include but are not limited to increased crime, adverse impacts on public health, safety and welfare, decreased property values and neighborhood blight, all of which have been relied upon in considering the enactment of the bylaw.
B. 
The provisions of this bylaw 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, unless such matter is prohibited by state or federal law. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States 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 bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
A. 
There is hereby created an Adult Entertainment Overlay District (AEOD).
B. 
Adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult video stores, and establishments which display live nudity, as those terms are defined in MGL c. 40A, § 9A, as amended, and sexually oriented businesses, hereinafter referred to as "adult entertainment establishments," are prohibited in all zoning districts except as allowed in the Adult Entertainment Overlay District (AEOD) upon the grant of a special permit by the Board of Appeals, in accordance with § 201-3.3, as modified by this article, following site plan review in accordance with § 201-3.4.
The AEOD shall be construed as an overlay district. All requirements of the underlying district(s) shall remain in full force and effect, except where the requirements of the AEOD are more restrictive or provide for uses or structures not otherwise available in the underlying district. In such cases, the requirements of the AEOD shall supersede the underlying zoning regulations upon the issuance of a special permit from the Board of Appeals.
The AEOD shall include that portion of the land within Business District C-1, described in § 201-6.2E(1), which is situated between a line which runs 200 feet from, and parallel to, the southeasterly side of Pond Street and an easterly boundary line which runs 1,000 feet from, and parallel to, the boundary line between Residence B and Business C-1 aforesaid, shown as the AEOD Overlay District (as designated on the Town Zoning Map), and made a part thereof.
A. 
Special permit. No adult entertainment establishment shall commence operations without first applying for and receiving a special permit from the Board of Appeals.
B. 
Conditions. The following conditions shall be attached to any special permit for adult entertainment establishments:
(1) 
Special permits granted under this article shall remain exclusively with the applicant, who shall be the owner or lessee of the premises described in the application. The special permit shall terminate automatically on the date the applicant alienates that title or leasehold interest in the premises.
(2) 
Special permit issued under this article shall be for a period of three years from the date of the decision. It shall be renewed for successive three-year periods provided that a written request for renewal is made to the Board of Appeals not less than three months prior to the expiration of the then-existing three-year period.
(a) 
Publication of notice of said request shall be made in the same manner as would be required for an original application for a special permit. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then-existing permit, a written objection to the renewal, stating reasons, is received by the Board of Appeals. In the event of such an objection, a hearing on the renewal shall be held and shall proceed in a manner identical to the course of proceedings in connection with an original permit application.
(b) 
The special permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the special permit renewal. In granting the renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operation and additional screening, upon which a specific lapse of time without correction or compliance shall result in a revocation of the permit.
(3) 
No adult entertainment establishment shall be located within 150 feet of a place of worship, school or day-care center.
(4) 
No adult entertainment establishment shall be located within 500 feet of another adult entertainment establishment.
(5) 
With the exception of an adult motion-picture theater, adult entertainment establishments may not exceed 3,000 square feet of usable floor area.
(6) 
Hours of operation for any adult entertainment establishment shall be established by the Board of Appeals.
(7) 
All exterior building openings, entries and windows shall be screened in such a manner as to prevent the public's view of the interior from any public or private right-of-way or abutting property.
(8) 
No adult entertainment establishment may have any flashing lights visible from the exterior of the premises.
(9) 
Appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not specifically "adult") use in Norwell, not employing unusual color or building design, which would attract attention to the premises.
(10) 
Exterior signs shall identify the name of the establishment but shall not contain any other advertisement or information.
(11) 
Special permits shall be granted only after a determination by the Board of Appeals that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not, in any way, involve minors.
C. 
Procedural requirements for special permits.
(1) 
Special permits shall only be issued following public hearings held within 65 days after filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant.
(2) 
The Board of Appeals shall act within 90 days following a public hearing for which notice has been given by publication or posting and by mailing to all parties in interest. Failure by the Board of Appeals to take final action upon an application for a special permit within said 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for.
(3) 
A special permit granted under this section shall lapse within two years, including such time required to pursue or await the determination of an appeal as referred to in MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if such construction has not begun by such date except for good cause.
(4) 
Any adult entertainment establishment special permit issued under this section shall require that the owner of such business shall supply on a continuing basis to the Building Inspector/Zoning Enforcement Officer any change in the name of the record owner or address 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 has been convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28 or 31, or is listed on the sex offender registry, such special permit shall be immediately null and void.
(5) 
Any existing adult entertainment establishment shall apply for such a special permit within 90 days following the adoption of this article.
(6) 
No adult entertainment establishment special permit shall be issued under this section, become valid or in full force and effect until and unless the owner of the property containing such adult entertainment establishment shall supply to Board of Appeals a notarized statement agreeing to all terms and conditions of said adult entertainment establishment special permit.
(7) 
No adult entertainment establishment special permit shall be effective until the expiration of any applicable appeal period under MGL c. 40A, § 17.
D. 
Statutory prohibition. No special permit under this article shall be issued to any person convicted of any violation under MGL c. 119, § 63, or MGL c. 272, § 28 or 31.
[Amended 5-6-2019 ATM, Art. 30]
An application for a special permit under this article shall include the following:
A. 
Name and address of the legal owner of the establishment;
B. 
Name and address of all persons having lawful equity or security interests in the establishment;
C. 
Name and address of the manager;
D. 
Number of employees;
E. 
Proposed provisions for security within and without the establishment;
F. 
The physical layout of the interior of the establishment;
G. 
Design of proposed signs;
H. 
Proposed design of building exterior;
I. 
Plan of proposed parking and exterior lighting; and
J. 
Plan of proposed screening.
The invalidity of any part, section or provision of this article shall not invalidate any other part, section or provision therein.