[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.
