Permitted uses and structures shall be as follows:
A.
Principal uses and structures. This list is not exclusive.
If the applicant wishes to institute a use not listed, a petition
must be made to the Concord Town Planning Board.
(1)
Research and development activities, including laboratories,
testing, small-scale experimental and pilot plant operations and production
operations incidental to research and development practice and techniques.
(2)
The manufacture, compounding and assembly of products
from previously prepared materials, including:
(a)
Electrical and electronic components and equipment.
(b)
Musical, scientific, medical, dental and photographic
equipment and supplies.
(c)
Pharmaceutical products, cosmetics and toiletries.
(d)
Recreation equipment and toys.
(e)
Clothing and other textile products.
(f)
Printing, publishing and engraving.
(g)
Furniture and furnishings for household and
office related wood and metal products.
(h)
Food and beverage products.
(3)
Warehousing and wholesale distribution when conducted
within a completely enclosed building.
(4)
Adult uses.
(a)
Purpose. It is recognized that building and
establishments operated as adult uses have serious objectionable operational
characteristics. In order to promote the health, safety and general
welfare of the residents of the Town of Concord, this section is intended
to restrict adult uses to nonresidential, nonbusiness and noncommercial
areas of the Town of Concord and otherwise regulate their operation.
Moreover, in light of the fact that the operational characteristics
of adult use increase the detrimental impact on a community when such
uses are concentrated, this section is intended to promote the health,
safety and general welfare of the residents of the Town of Concord
by regulating the concentration of such uses.
(b)
ADULT BOOKSTORE
ADULT LIVE ENTERTAINMENT
ADULT MOTION-PICTURE THEATER
ADULT USE
BUSINESS
DISSEMINATION
PERSON
SPECIFIC ANATOMICAL AREAS
SPECIFIC SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
[1]
[2]
[3]
[4]
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films, videotapes and viewing
materials for sale or viewing on the premises, by use of motion-picture
devices, video cassette devices or any coin-operated means, which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas, or an establishment or business containing a segment or sections
devoted to the sale or display of such material.
An establishment or business where an adult male or female
exposes part of his/her body identified in specific anatomical areas.
An enclosed or open building or structure or portion of a
building or structure used for presenting materials having as a dominant
theme, material distinguished or characterized by an emphasis on or
matter depicting, describing or relating to specific sexual activities
or specific anatomical areas for observation by patrons therein.
Any establishment or business involved in the dissemination
of material distinguished or characterized by the emphasis on matter
depicting, describing or relating to specific sexual activities, including
but not limited to adult bookstores, adult live entertainment and
adult motion-picture theaters.
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer
or member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities or specific anatomical areas.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
In a sole proprietorship, an individual who
owns, operates, controls or conducts, directly or indirectly, any
premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual
who shares in any potential profits or losses of the business or who
shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer,
director or a holder, either directly, indirectly or beneficially,
of more than 20% of any class of stock.
Any person who furnishes more than 20% of the
capital financing or assets of such business, whether in cash, goods
or services.
(c)
Restrictions affecting adult uses. In addition
to the other requirements of this section and the Code of the Town
of Concord, adult uses shall be permitted, subject to the following
restrictions:
[1]
No adult use shall be allowed within 1,000 feet
of another existing adult use.
[2]
No adult use shall be located within 1,000 feet
of the boundaries of any zoning district which is zoned for residential
use.
[3]
No adult use shall be located within 1,000 feet
of a preexisting school or place of worship.
[4]
No adult use shall be located in any zoning
district except in the M General Industrial District.
(d)
Registration. No person, firm, corporation or
other entity shall lease, rent, maintain, operate, use or allow to
be operated or used any business or establishment, any part of which
contains an adult use, without first complying with the provisions
of this subsection as follows:
[1]
In addition to any and all other necessary licenses
and permits, no form of adult use shall be allowed to operate or be
allowed to continue to operate until a certificate of registration
is filed with the Clerk of the Town of Concord, containing:
[a]
The name and address of the owner(s)
of the premises and name and address of the beneficial owner(s) if
the property is in a land trust.
[b]
The address of the premises.
[c]
The name of the business or the
establishment subject to the provisions of this section.
[d]
The names, business and home addresses
and business and home phone numbers of all owners of the business
or establishment subject to the provisions of this section.
[e]
The date of the initiation of the
adult use.
[f]
The exact nature of the adult use.
[g]
If the premises or the building
in which the business containing the adult use is located is leased,
a copy of the lease is required.
[2]
If there occurs any change in the information
required for the certificate of registration, the Clerk of the Town
of Concord shall be notified of such change, and a new or amended
certificate shall be filed within 30 days of such change.
[4]
No certificate of registration issued under
the provisions of this section shall be transferable to any person
other than the registrant, nor shall a certificate of registration
be transferable for use at any premises, building or location other
than stated in the certificate of registration.
[5]
The owner, manager or agent of any adult use
shall cause a copy of the certificate of registration issued under
the provisions of this section to be prominently displayed on the
premises, building or location for which it is issued.
[6]
Any knowingly false statement or any statement
which the registrant or applicant should reasonably have known to
be false which is provided in the certificate of registration or any
document or information supplied therewith shall be grounds for the
rejection, suspension or revocation of the certificate of registration.
[7]
It is a violation of this section for the owner
or person in control of any property to establish or operate thereon
or to permit any person to establish or operate an adult use without
having in force a certificate of registration complying with this
section.
(e)
Prohibition regarding public observation. No
adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specific sexual
activities or specific anatomical areas from any public way or from
any property not registered as an adult use. This provision shall
apply to any display, decoration, sign, show window, screen or other
opening.
(5)
The following uses by special use permit authorized
by the Planning Board.
(a)
Wind energy conversion systems (WECS).
(7)
Limitations on uses in the M District.
(a)
No use of land, building or structure shall
be permitted the operation of which normally results in any:
(b)
No unneutralized refuse material shall be discharged
into sewers, streams or ditches.
(c)
All side and rear lot lines abutting any lot
in any R District or C-1 District shall be fenced or screened.
(d)
Unless otherwise provided, required side and
rear yards shall be used only for landscaping and/or off-street parking.
Minimum lot size shall be 100 feet in width.
