Medfield City Zoning Code
ARTICLE 18
Adult Uses
§ 300-18.1 Purpose and intent.
A.
It is the purpose and intent of this Article 18 to address and mitigate the secondary effects of the adult uses and sexually oriented businesses referenced herein, since such secondary effects have been found by the Planning Board, as a result of the studies relied upon by it and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the 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 Medfield and its inhabitants. The provisions of this Article have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials.
B.
Similarly, it is not the purpose or intent of this Article 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 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 nor intent of this Article to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials.
§ 300-18.2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ADULT USES
An establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock-in-trade, or other matter or materials for sale, rental, distribution, or exhibition, which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, including but not limited to the following:
A.
ADULT BOOKSTORE
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 on depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31;B.
ADULT CLUB
An establishment having as any of its activities or entertainment a person or persons in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31;C.
ADULT ENTERTAINMENT ESTABLISHMENT
An establishment offering activities or goods or providing services where employees, entertainers or patrons are engaging in nudity, sexual conduct or sexual excitement as defined in MGL c. 272, § 31;D.
ADULT MOTION-PICTURE THEATER
An establishment 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;E.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion of its stock-in-trade devices, 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;F.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film materials which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.SUBSTANTIAL OR SIGNIFICANT PORTION
The term "substantial or significant portion" as used in this Article 18 shall mean any of the following:
A.
Twenty percent or more of the business inventory or stock of merchandise for sale, rental, distribution, or exhibition during any period of time;
B.
Twenty percent or more of the annual number of gross sales, rentals, or other business transactions; or
C.
Twenty percent or more of the annual gross business revenue.
§ 300-18.3 Special permit.
No adult use shall be allowed except by a special permit granted by the Board of Appeals. The Board of Appeals may grant a special permit for an adult use, with such conditions as it deems appropriate for the protection of public health, safety, and welfare, only in the Adult Use District, hereinafter defined, and only if the use is found by the Board of Appeals to comply with the following standards and procedures:
A.
Location. An adult use may only be located in the Adult Use District namely: a parcel of land located on the easterly side of North Meadows Road and shown as Lot #8 on Map 48 of the Town of Medfield Official Assessors Map containing, according to said map, four acres, together with a portion of Lot 35 on said Map 48 bounded as follows:
Northerly by Penn Central R.R. right-of-way, westerly by North Meadows Road for a distance of 200 feet, southerly by the remainder of said Lot 35, and easterly by said Lot 8. |
B.
Site development standards.
(1)
Site plan review. No special permit for any adult use shall be issued without site plan approval having been obtained from the Planning Board under § 300-14.12.
(2)
Dimensional requirements. Any building or structure containing an adult use shall meet the setback requirements and other dimensional controls which apply to the district of which the Adult Use District is a part as specified in these Bylaws. For any property proposed to contain an adult use, the applicant for a special permit for such use shall comply with these requirements and controls following the establishment of such use thereon.
(3)
Parking and loading. On-site parking and loading shall be provided in accordance with the requirements set forth in Article 8 as pertains to retail stores, offices, and consumer service establishments. For any property proposed to contain an adult use, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.
(4)
Landscaping. At a minimum, the property on which an adult use is proposed to be located shall contain a landscaped buffer strip along its entire perimeter, except that portion directly abutting a public street in accordance with the requirements of § 300-6.2I.
(5)
Signs. All signs for any adult use must meet the requirements of Article 13. In addition, no advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text shall be visible to the public from any public way, including but not limited to sidewalks, pedestrian walkways, highways or railways.
C.
Other special permit requirements.
(1)
If the adult use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains.
(2)
The application for a special permit for an adult use must include the following information:
(a)
Name and address of the owner of record of the property;
(b)
Name and address of the legal owner of the proposed adult use establishment;
(c)
Name and address of all persons having a lawful equity or security interest in the adult use establishment,
(d)
A sworn statement must be provided stating that neither the applicant, nor the manager, nor any person having a lawful equity or security interest in the adult use establishment has been convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28;
(e)
Name and address of the manager of the adult use establishment;
(f)
Proposed provisions for securing the safety of the public within and without the adult use establishment;
(g)
The number of employees; and
(h)
The present and proposed physical layout of the interior of the adult use establishment.
(3)
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.
(4)
An adult use special permit shall only be issued following a public hearing held within 65 days after the filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant.
(5)
Any adult use special permit issued under this Bylaw shall lapse within one year if 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; excepting only any time required to pursue or await the determination of an appeal from the grant thereof.
(6)
Any adult use special permit issued under this Bylaw shall require that the owner of such adult use shall supply on a continuing basis to the Building Inspector any change in the name of the record owner or address or any change in the name of the current manager, and that failure to comply with this provision shall result in the immediate revocation of such special permit. If anyone so identified is or is found to be convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28, such special permit shall immediately be null and void.
(7)
No adult use special permit issued under this Bylaw shall become valid or in full force and effect until and unless the owner of the property containing such adult use shall supply to the Building Inspector a notarized statement agreeing to all terms and conditions of said adult use special permit.
§ 300-18.4 Nonconformity.
A.
Any adult use in existence prior to the adoption of this Article 18 shall apply for a special permit as specified in this Article within 90 days following the adoption of this Article and shall be required to comply in all respects with all requirements of this Article.
B.
Any adult use in existence prior to the adoption of this Article 18 which has applied for such special permit but which has not been granted such special permit may be permitted by a unanimous vote of the Board of Appeals following a public hearing to continue in operation at its present location for a period of time not exceeding six months following the date of the application for such special permit, provided that a written request therefor is made to the Board of Appeals. The Board of Appeals, upon written application made prior to the expiration of any such period of time and following a public hearing, may grant one additional extension period of time not to exceed six months. The adult use owner must demonstrate to the Board of Appeals undue financial hardship if forced to close immediately upon failure to obtain a special permit in order to obtain any such extension.
C.
The provisions of this § 300-18.4 shall only apply to adult uses as defined in MGL c. 40A, § 9A.
§ 300-18.5 Invalidity.
In the event that any provision of this Article 18 shall be determined to be invalid by a court of competent jurisdiction or otherwise, the remaining provisions of this Article 18 not manifestly inseparable from the invalid provisions shall remain in full force and effect.