[Added 10-20-1997 FATM, Art. 15]
It is the purpose and intent of this article
of the Webster Zoning bylaw to address and mitigate the secondary
effects of the Adult Uses and sexually oriented businesses referenced
and defined herein. Such secondary effects have been shown to include
increased crime, adverse impacts on public health, adverse impacts
on property values of residential and commercial properties, and adverse
impacts on the quality of life in the Town, all of which secondary
impacts are adverse to the health, safety and general welfare of the
Town of Webster and its inhabitants. The provisions of this article
of the Zoning bylaw have neither the purpose nor the intent of imposing
a limitation or restriction on the content of any communicative matter
or materials, including sexually oriented matter or materials. Similarly,
it is not the purpose or intent of this article of the Zoning bylaw
to restrict or deny access by adults to Adult Uses and to sexually
oriented matter or materials protected by the Constitutions of the
United States of America and of the Commonwealth of Massachusetts,
nor 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
article of the Webster Zoning bylaw to legalize the sale, rental,
distribution, or exhibition of obscene or other illegal matter or
materials.
Adult uses as used in this article include the
following businesses herein defined:
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devises, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having a substantial or significant portion
of its stock-in-trade, videos, movies, or other film material which
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
Any establishment which provides live entertainment for its
patrons, which includes the display of nudity, as that term is defined
in MGL c. 272, § 31.
Except as otherwise provided in this article, no Adult Book Store, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Establishment Which Displays Nudity for its Patrons, shall be established or maintained in the Town of Webster unless the Board of Selectmen grants a special permit for adult uses to the owner or operator of such business. Procedures for issuing special permits are specified in Article VII of this bylaw.
Each application for a special permit for adult uses shall be submitted in accordance with the provisions of § 650-48 of these bylaws and shall include the following information and supporting documentation:
A.
The legal name and address of the owner of the parcel
on which the business will be established.
B.
The legal name and address of the applicant for the
special permit for adult uses.
C.
Adequate evidence of the applicant's ownership or
authority to use the premises for the purposes to be allowed by the
special permit for adult uses.
D.
A detailed property line plan, prepared by a Massachusetts
Registered Land Surveyor, showing the location of the parcel for which
the adult use is proposed and that parcel's precise distances from
the following: The boundary of any residential zoning district, the
property line of any parcel currently used for a church, school, day
care facility, public playground, park, recreational facility, adult
bookstore, adult motion-picture theater, adult paraphernalia store,
adult video store, or establishment which displays live nudity for
its patrons.
E.
The names and addresses of all abutters as they appear
upon the most recent tax list.
The Board of Selectmen shall not grant a special
permit for adult use if it is determined that:
A.
The applicant is a person convicted of violating the
provisions of MGL c. 119, § 63, or MGL c. 272, § 28.
B.
The parcel on which the adult use is proposed is located
less than 800 feet from the boundary of any residential zoning district,
the properly line of any parcel currently used for a church, school,
day care facility, public playground, park, recreational facility,
adult bookstore, adult motion-picture theater, adult paraphernalia
store, adult video store, or establishment which displays live nudity
for its patrons.
In order to promote the purpose and intent of
this article of the Webster Zoning bylaw, each special permit for
adult uses issued by the Board of Selectmen shall be subject to the
following conditions which shall be set forth on the special permit:
A.
No special permit for adult uses shall be issued for
a period in excess of five years. The duration of the special permit
for adult uses shall begin on the effective date of the special permit
as defined by MGL c. 40A, § 11.
B.
No special permit for adult uses shall be transferred
to another without prior written approval of the Board of Selectmen.
C.
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.
D.
Such other reasonable requirements consistent with
the provisions of this article and such rules and regulations as the
Board of Selectmen may adopt hereunder.
Existing Adult Uses shall apply for an adult
use special permit within 90 days of the adoption of this article.
A.
The Board of Selectmen shall adopt reasonable rules
and regulations to carry out the purposes of this article. Such rules
and regulations shall take effect upon their being filed in the office
of the Town Clerk.
