Concord City Zoning Code
ARTICLE XVIII
M General Industrial District Regulations
§ 150-98 Permitted uses and structure.
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.
§ 150-99 Minimum lot size.
Minimum lot size shall be 100 feet in width.