Chelmsford City Zoning Code
ARTICLE XVI
Adult Entertainment Establishments
§ 195-83 Purpose.
It is the intent and purpose of this chapter to regulate adult entertainment establishments to promote the health, safety and general welfare of the citizens of Chelmsford and to guard against adverse secondary effects on the youth of the town. Furthermore it is the intent and purpose to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult entertainment establishments within the town, thereby reducing the adverse secondary effects from such adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing limitations or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
§ 195-84 Adult Entertainment Overlay District.
The Adult Entertainment Overlay District is established in addition to the Adult Entertainment (CX) District. The Adult Entertainment Overlay District use regulations shall be as herein described in the Adult Entertainment District.
§ 195-85 Spacing requirement.
A.
Special permits shall not be granted for an adult entertainment establishment if it is to be located less than 1,000 feet from the following uses. Measurement of distances shall be from the lot line of any of the uses described herein.
(1)
Another adult entertainment establishment.
(2)
Residential uses.
(3)
Public or private nursery schools.
(4)
Public or private day-care centers.
(5)
Public or private kindergartens.
(6)
Public or private elementary schools.
(7)
Public or private secondary schools.
(8)
Playgrounds or parks.
(9)
Religious institutions.
B.
Reduction of spacing requirement. The Board of Appeals may waive the one-thousand-foot restriction contained in Subsection A by special permit; provided, however, that the Board of Appeals shall not, under any circumstances, grant a special permit for an adult entertainment establishment which shall be closer that 750 feet to any of the uses listed in Subsection A. To grant a special permit reducing the spacing requirement, the Board shall find that:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit of this chapter will be observed;
(2)
The proposed use will not enlarge or encourage the development of a "skid row" area;
(3)
The establishment of an additional regulated use in that area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal;
(4)
All applicable regulations of this chapter will be observed; and
(5)
No portion of the establishment shall be located on the ground level of any building.
§ 195-86 Special permit required; conditions.
A.
Special permit. No adult entertainment establishment shall commence operations without first applying for and receiving a special permit from the Board of Appeals.
B.
Conditions. The following conditions shall be attached to any special permit for adult entertainment establishments:
(1)
Adult entertainment establishments shall not be allowed within a building containing other retail, consumer or residential uses.
(2)
No adult entertainment establishment shall be located within 60 feet of a public or private way.
(3)
Any adult entertainment establishment shall cease its operations between the hours of 1:00 a.m. and 10:00 a.m. each day.
(4)
No adult entertainment establishment may have visible from the exterior of the premises any flashing lights.
(5)
At all times when an adult entertainment establishment is open for business, the entire area of the premises must be continually illuminated to the degree of not less than one footcandle (measured 30 inches from the floor), except those portions of the room covered by furniture.
C.
Statutory prohibition. No special permit for an adult use shall be issued to any person convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.