Section 31 Adult Uses Bylaw
ARTICLE 3. GENERAL REGULATIONS
Section 31. Adult Uses Bylaw
31.1 Authority and Purpose. This bylaw is enacted pursuant to MGL, Chapter 40A, Section 9A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of their deleterious effect on adjacent areas and in response to studies demonstrating their effect in generating crime and blight.
31.2 Definitions
1. Adult Entertainment Enterprises: To include Adult Retailers, Adult Dance Clubs, and Adult Theaters as defined herein.
2. Adult Retailers: An establishment having as a substantial or significant portion of its stock in trade devoted to books, magazines, videotapes, cd-roms, implements, or other matter or paraphernalia which are characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.
3. Adult Dance Club: An establishment which, as its principal form of entertainment, permits a person or persons to perform in a state of nudity as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.
4. Adult Theater: An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or excitement as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.
31.3 Adult Entertainment Enterprises.
31.31. Adult entertainment enterprises may be allowed in Business II districts only by Special Permit granted by the special permit granting authority as provided under Article 1, Section 14 of the Millbury Zoning Bylaws in conformance with the following controls:
1. No adult entertainment enterprise shall be located less than five hundred feet (500') from the property boundary lines of any residential district.
2. No adult entertainment enterprise shall be located less than one thousand feet (1000') from the property boundary lines of any lots in religious facility use.
3. No adult entertainment enterprise shall be located less than one thousand feet (1000') from the property boundary lines of any lots in public or non-profit school, library, park, playground, or recreational use or in other areas in which large numbers of minors regularly travel or congregate.
4. No adult entertainment enterprise shall be located less than one thousand feet (1000') from any other adult entertainment enterprise.
5. No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of adult entertainment enterprise merchandise or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of any adult entertainment enterprise, or be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public, outside such establishments.
6. A special permit under this section shall not 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, MGL.
31.4 Severability. Each provision of this bylaw shall be construed as separate to the end; that if any provision, or sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect. (Bylaws of 5/7/96, Article #78)
| ||
