The location of uses and establishments catering solely to adults
shall be restricted in accordance with the following provisions and
for the following purposes.
As it has been deemed a responsibility of the City of Gloucester
to preserve the quality of life for its citizens, this ordinance is
hereby adopted in order to maintain an urban lifestyle and promote
the zoning scheme and purposes of this city.
As used in this ordinance, the following terms shall have the
meanings indicated:
ADULT STORE AND ADULT ESTABLISHMENT
Any establishment which has a substantial or significant
portion of its stock in trade books, magazines or other periodicals,
films or business activities restricted to adults and which excludes
minors by virtue of age. Excluded from this section are establishments
licensed for the sale or consumption of alcoholic beverages.
No such adult bookstores or adult establishments shall be located
in any structure within 1,000 feet from the nearest property line
of any land in any residential zone or within 1,000 feet from the
nearest property line of any public, private or parochial school,
hospital, clinic, private or public or semipublic institutions, library,
park, playground or other recreational facility, whether commercial
or nonprofit, in any other zone, or within 1,000 feet from the nearest
property line of any church, convent, monastery, synagogue or similar
place of worship, or within 1,000 feet from any bar, tavern or other
facility licensed for the consumption or sale of alcoholic beverages
or within 1,000 feet of any other adult store or adult establishment.
A waiver of the distance requirements above may be granted by
the Planning Board upon proper application for an exception for special
cases, provided that the applicant obtains a consent for a waiver
signed by 51% of all affected local residents, businesses and property
owners affected herein, defined as all persons or businesses or uses
within said 1,000 feet sought to be waived, and further provided that
the Board is satisfied that:
A. The proposed use will not be contrary to the public interest or injurious
to nearby properties, and the spirit and intent of this ordinance
will be observed.
B. The proposed use will not enlarge or encourage the development of
a skid-row area.
C. The establishment of any additional regulated use in the area will
not be contrary to any program of neighborhood conservation nor will
it interfere with any program of urban renewal.
D. All applicable regulations of this ordinance will be observed.
This ordinance shall take effect upon publication in accordance
with law, and all other ordinances and parts of ordinances in conflict
or inconsistent with this ordinance are hereby repealed.