Adult Entertainment Overlay District Bylaw
Town Of Mendon
TOWN CLERK
Mendon Town Hall
20 Main Street
Mendon, Massachusetts 01756
Telephone: (508)473-1085 Fax: (508)478-8241
ARTICLE 21 Motion made to amend the proposed Mendon Zoning By-Laws by adding the following Section
XVII, “Adult Entertainment Overlay District”, in the following sections:
Section VI, Paragraph 1), the last 9 words of the 1st sentence to read “nor less than 300 feet away from any residential building.”
And replace Section VI, Paragraph 2) to read “A minimum 50 foot vegetated buffer containing adequate screening shall be provided between an adult entertainment establishment and other abutters of any designation, including public and private ways. Structures associated with the proposed use shall be located a minimum of 100 feet from the center street line.”
MAJORITY VOICE VOTE
Add “Milford Street” after “and 49” as shown in Section V, paragraph 1.
MAJORITY VOICE VOTE
Delete Item 1), a-g of Section VIII. Expiration or Lapse of Special Permit.
UNANIMOUS VOICE VOTE
Add the words “or other areas” after the two (2) words “Recreational Areas” in Section VI, 1) d.
UNANIMOUS VOICE VOTE
Add the words M.G.L. Chapter 40A, after the words “referred to in” in Section VIII, 1 d.
UNANIMOUS VOICE VOTE
Defeated a motion to indefinitely postpone Article 21 of the Mendon Town Meeting May 2, 2008.
MAJORITY VOICE VOTE
Voted to amend the Mendon Zoning Bylaws by adding the following Section XVII, “Adult Entertainment Overlay District, as amended. By adding the underlined text and deleting the crossed out text:
2/3 VOICE VOTE DECLARED BY MODERATOR
ADULT ENTERTAINMENT OVERLAY DISTRICT
I. AUTHORITY
This section is enacted pursuant to M.G.L. Chapter 40A, Section 9A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution.
II. PURPOSE AND INTENT
The purpose of this Adult Entertainment Overlay District section of the Town of Mendon Zoning Bylaws is to address and mitigate the secondary effects of adult entertainment establishments. Secondary effects impact the health, safety and general welfare of the Town of Mendon and its inhabitants. These effects include increased crime, and adverse impacts on public health, the business climate, the property values of residential and commercial property and the quality of life.
The provisions of this section 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. Similarly, it is not the purpose or intent of this Section (Overlay District) to restrict or deny access to adult entertainment establishments or to sexually oriented matter or materials that is protected by the Constitutions of the United States and 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 Section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials, as described in M.G.L. Chapter 272, inclusive, and Chapter 119, Section 63.
III. DEFINITIONS:
Adult entertainment Establishment shall include any of the following: an Adult Bookstore, an Adult Motion Picture Theater, an Adult Video Store, and an Establishment which displays live nudity for its patrons.
For the purposes of this By-Law, the terms Adult Bookstore, Adult motion picture theater, Adult paraphernalia store, Adult video store and Establishment which displays live nudity are as defined in M.G.L. Chapter 40a, Section 9A.
Substantial or significant portion of its stock: Greater than 10% of the subject establishments' inventory stock, or 10% of the subject premise's gross floor area, or 300 square feet, whichever is less.
IV. APPLICABLILITY
This Overlay District zoning applies to all Adult Entertainment Establishments, as defined in this section. Any existing Adult Entertainment Establishment located outside of the overlay district, as described in this Section, may continue to operate in the same location until the next expiration of their license/permit. Existing Adult Entertainment Establishments located within the overlay district, as defined in this Section, shall apply for a special permit within 90 days of the effect of this section.
V. ESTABLISHMENT OF ADULT ENTERTAINMENT OVERLAY DISTRICT & RELATIONSHIP TO UNDERLYING DISTRICTS
The Adult Entertainment Overlay District is described as follows: Lots number 41, 43, 47 and 49 Milford Street, as shown on the Assessors Tax Map, Town of Mendon, Map 9, revised January 2008.
The Adult Entertainment Overlay District is established as a district that overlays the underlying districts, so that any parcel of land lying in an Adult Entertainment Overlay District shall also lie in one or more of the other zoning districts. All requirements of the underlying zoning districts remain in full force and effect, except as superseded by the specific overlay district regulations.
VI. SPECIAL PERMIT STANDARDS FOR ADULT USES
Adult entertainment enterprises may be allowed in the Overlay District only by Special Permit granted by the Board of Appeals. No Special Permit may be granted by the Board of Appeals for an Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, or Adult Live Entertainment Establishment unless the following conditions and limitations are satisfied in addition to all other zoning conditions:
1) No adult entertainment establishment shall be located less than 500 feet from a child care facility, park, playground, recreational areas or other areas where large numbers of minors regularly travel or congregate, another Adult Use, or any establishment licensed under the provisions of M.G.L. Chapter 138, Section 12, nor less than300 500 feet from any residential building. The distances shall be measured by a straight line from the closest exterior wall of the building or establishment premises on which the Adult Use is to be located to the nearest exterior wall of any residence building.
2) A minimum 50 foot vegetated buffer containing adequate screening appropriate to the character of the area and the intensity of the use, shall be provided between an adult entertainment establishment and other abutters of any designation, including public and private ways. Structures associated with the proposed use shall be located a minimum of 100 feet from any street line.
3) No material depicting, describing or relating to sexual conduct or sexual excitement as defined in M.G. L. Chapter 272, Section 31, shall be displayed in the windows of, or on the building of, any Adult Entertainment Establishment, or be visible to the public from the pedestrian sidewalks or walkways or from other areas outside such establishments.
4) In addition to complying with any Mendon bylaws concerning signs, sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use. Only one identification sign to be mounted on the building wall face shall be allowed for an adult use, with maximum 16 square feet of sign area. All other signs, whether on the exterior of the building, or visible from the exterior of the building are prohibited.
5) No merchandise or services prohibited as obscene or indecent under any federal or Massachusetts law or regulation or found to be obscene by any superior or higher federal or state court shall be disseminated or available therein.
6) Appearance of buildings for adult entertainment shall be consistent with the appearance of buildings in similar (but not specifically "adult") use in Mendon, not employing unusual color or building design, which would attract attention to the premises. All building openings, entries, and windows shall be screened in such a way as to prevent visual access of the public to the business area of the Adult Entertainment Establishment. A six (6) foot high solid fence or a landscaped buffer of evergreen trees or shrubs six (6) feet high at the time of planting shall be provided and maintained along the side and rear property lines.
7) No more than one structure to be used for adult entertainment shall be located on any one lot.
8) No Adult Entertainment special permit shall be issued to any person convicted of violating the provisions of section sixty-three of chapter one hundred and nineteen or section twenty-eight of chapter two hundred and seventy-two.
VII. SPECIAL PERMIT SUBMISSIONS AND APPROVAL
In addition to any requirements as required by the Town of Mendon by-laws, zoning by-laws, building regulations or licensing requirements, Special Permit applications for approval in the overlay district shall contain the following information:
1) A site plan showing appropriate distances between the proposed or existing adult Entertainment establishment and any residential zoning district, public or private school, public park or recreation area, group day care center, family day-care center, or any other Adult Entertainment establishment(s). The site plan shall also show locations and sizes of buildings, set backs, signage, landscape design and buffers.
2) In addition to the site plan requirements, all applicants for a Special Permit for Adult Entertainment shall submit the following additional information:
a) Name and address of all legal owners of the establishment and the property, as well as the manager of the proposed establishment.
b) In the event a corporation, partnership, trust or other entity is listed, the names and addresses of all persons having a fee, equity and/or security interest, ownership interest and/or beneficial interest in such establishment must be listed. The applicant/owner must disclose if they have been convicted of violating the provisions of M.G.L. Chapter 119, Section 63 or Chapter 272, Section 28.
c) The total number of employees, or proposed number of employees.
d) Proposed security precautions
e) Full description of the intended nature of the business
f) In the case of live adult entertainment, submission and approval of the nature of the live entertainment, proximity of entertainers to patrons, behavioral restrictions, and security plans must be obtained.
3) In approving a Special Permit, the Special Permit Granting Authority may attach such conditions, limitations, and safeguards as are deemed necessary to protect the immediate area and the Town, provided however that no such conditions in fact prohibit the use of the property for the use intended. Conditions of approval may include but are not limited to the following:
a) Street, side or rear setbacks greater than the minimum required by law
b) Requirement of screening or parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other means.
c) Modification of the exterior features or appearances of the structure.
d) Limitation of the size, number of occupants, method or time of operation, or extent of facilities.
e) Regulation of number, design and location of access drives or other traffic features.
f) Requirement of off-street parking or other special features beyond the minimum required by this or other applicable ordinances.
g) Limiting the hours of operation
VIII. EXPIRATION OR LAPSE OF SPECIAL PERMIT
1) The Special Permit shall not be renewed if any of the following has taken place on or in proximity to and associated with the premises:
a) Unlawful sexual activity;
b) Gambling;
c) Drug use;
d) Violent crimes;
e) Offenses against children;
f) Repeated public disturbances requiring intervention by the Police; and
g) any other illegal activities
1) A Special Permit issued under this section shall lapse upon any one of the following occurrences:
a) There is a change in the location of the adult use;
b) There is a sale, transfer or assignment of the business or the license;
c) There is any change in legal or beneficial ownership or management of the applicant
d) Special permit granted under this section shall lapse within two years, and including such time required to pursue or await the determination of an appeal referred to in M.G.L. Chapter 40A, section seventeen, 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 construction has not begun by such date except for good cause.
IX. SEVERABILITY
If any section or portion of this bylaw is ruled invalid, such ruling shall not affect the validity of the remainder of the bylaw, which provisions shall remain in full force and effect.
2/3 VOICE VOTE DECLARED BY MODERATOR