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Town of North Andover, MA
Essex County
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Table of Contents
Table of Contents
Code
New Laws (4) Index Notes (1)
A. 
The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other districts established by this bylaw. The requirements enumerated for this Adult Use Zone shall be in addition to, rather than in place of, the requirements of the other districts. Adult uses may be allowed by special permit in the Adult Use Zone, as described below. Adult uses shall be prohibited at any other location in the Town.
B. 
The following regulation shall apply to adult uses as defined in Article 2 of this bylaw.
Boundaries of the Adult Use Zone are shown on the Zoning Map and shall include the following parcels as identified on the 1995 Assessor's Map: Map 34, Parcel 27; and Map 77, Parcels 3, 12, 13, 14 and 17.
Map 34, Parcel 27
Northerly 250' +/- by Holt Road
Easterly 340' +/- by Lot 2
Southerly 240' +/- by City of Lawrence Airport
Westerly 330' +/- by Lot 4
Map 77, Parcel 13
Northerly 100' +/- by Holt Road
Easterly 370' +/- by Lot 4
Southerly 130' +/- by Parcel 3
Westerly 400' +/- by Clark Street
Map 77, Parcel 14
Northerly 245' +/- by Holt Road
Easterly 330' +/- by Lot 3
Southerly 250' +/- by Parcel 3
Westerly 370' +/- by Lot 7
Map 77, Parcel 3
Northerly 410' +/- by Lots 3, 4, and 7
Easterly 250' +/- by City of Lawrence Airport Comm.
Southerly 465' +/- by City of Lawrence Airport Comm.
Westerly 460' +/- by Clark Street
Map 77, Parcel 12 (3-sided lot)
Northerly 410' +/- by Parcel 17
Easterly 270' +/- by Clark Street
Southerly 285' +/- by City of Lawrence Airport Comm.
Map 77, Parcel 17
Northerly 120' +/- by City of Lawrence Airport Comm.
Easterly 210' +/- by Clark Street
Southerly 410' +/- by Parcel 12
Westerly 590' +/- by City of Lawrence Airport Comm.
Adult uses may not be located:
A. 
Within 500 feet of the property line of any Residential Zoning District, church, school, park, or playfield.
B. 
Within five 500 feet of another adult use as defined herein.
C. 
Within 300 feet of any establishment licensed under MGL c. 138, § 12.
With the exception of an adult cabaret or an adult motion-picture theater, adult uses may not exceed 3,500 square feet of usable floor area.
The following parking requirements shall apply:
A. 
Parking shall be provided in the side or front yard only.
B. 
All parking areas shall be illuminated, and all lighting shall be contained on the property.
C. 
Parking areas shall be landscaped in conformance with the appropriate provisions of the Zoning Bylaw.
A. 
At a minimum, a five-foot-wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five feet in height at the time of planting, or a solid fence not less than six feet in height.
B. 
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.
No adult use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in MGL c. 272, § 31.
The application for a special permit for an adult use establishment must include the following information:
A. 
Name and address of the legal owner of the establishment, and of the legal owner of the property;
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. 
Security.
(1) 
Proposed provisions for security within and without the establishment. these provisions must include and detail specifications for the following requirements:
(a) 
Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment.
(b) 
Security personnel paid for by the establishment owner to patrol the parking lot.
(2) 
The security plans and personnel referenced in items Subsection E(1) shall be approved by the North Andover Police Chief.
F. 
The physical layout of the interior of the establishment.
The Zoning Board of Appeals shall be the special permit granting authority.
No adult use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.
An adult use special permit shall only be issued following a public hearing held within 65 days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.
Special permits for adult uses shall be granted only upon the determination by the special permit granting authority 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 involve minors in any way.
Any section of this bylaw, or portion thereof, declared invalid shall not affect the validity or application of the remainder of the bylaw.