Webster City Zoning Code
ARTICLE VI
Adult Uses
[Added 10-20-1997 FATM, Art. 15]
§ 650-44 Purpose and intent.
It is the purpose and intent of this article of the Webster Zoning bylaw to address and mitigate the secondary effects of the Adult Uses and sexually oriented businesses referenced and defined herein. Such secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on 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 Webster and its inhabitants. The provisions of this article of the Zoning bylaw have neither the purpose nor the intent of imposing a limitation or restriction 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 article of the Zoning bylaw 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 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 article of the Webster Zoning bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials.
§ 650-45 Definitions.
Adult uses as used in this article include the following businesses herein defined:
ADULT BOOK STORE
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 depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION PICTURE THEATER
An enclosed building 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.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion of its stock devises, 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.
ADULT VIDEO STORE
An establishment having a substantial or significant portion of its stock-in-trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS
Any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in MGL c. 272, § 31.
§ 650-46 Special permit required.
Except as otherwise provided in this article, no Adult Book Store, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Establishment Which Displays Nudity for its Patrons, shall be established or maintained in the Town of Webster unless the Board of Selectmen grants a special permit for adult uses to the owner or operator of such business. Procedures for issuing special permits are specified in Article VII of this bylaw.
§ 650-47 Information required.
Each application for a special permit for adult uses shall be submitted in accordance with the provisions of § 650-48 of these bylaws and shall include the following information and supporting documentation:
A.
The legal name and address of the owner of the parcel on which the business will be established.
B.
The legal name and address of the applicant for the special permit for adult uses.
C.
Adequate evidence of the applicant's ownership or authority to use the premises for the purposes to be allowed by the special permit for adult uses.
D.
A detailed property line plan, prepared by a Massachusetts Registered Land Surveyor, showing the location of the parcel for which the adult use is proposed and that parcel's precise distances from the following: The boundary of any residential zoning district, the property line of any parcel currently used for a church, school, day care facility, public playground, park, recreational facility, adult bookstore, adult motion-picture theater, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons.
E.
The names and addresses of all abutters as they appear upon the most recent tax list.
§ 650-48 Criteria for evaluation.
The Board of Selectmen shall not grant a special permit for adult use if it is determined that:
A.
The applicant is a person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.
B.
The parcel on which the adult use is proposed is located less than 800 feet from the boundary of any residential zoning district, the properly line of any parcel currently used for a church, school, day care facility, public playground, park, recreational facility, adult bookstore, adult motion-picture theater, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons.
§ 650-49 Mandatory conditions of approval.
In order to promote the purpose and intent of this article of the Webster Zoning bylaw, each special permit for adult uses issued by the Board of Selectmen shall be subject to the following conditions which shall be set forth on the special permit:
A.
No special permit for adult uses shall be issued for a period in excess of five years. The duration of the special permit for adult uses shall begin on the effective date of the special permit as defined by MGL c. 40A, § 11.
B.
No special permit for adult uses shall be transferred to another without prior written approval of the Board of Selectmen.
C.
No Adult Use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building, or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in MGL c. 272, § 31.
D.
Such other reasonable requirements consistent with the provisions of this article and such rules and regulations as the Board of Selectmen may adopt hereunder.
§ 650-50 Existing adult uses.
Existing Adult Uses shall apply for an adult use special permit within 90 days of the adoption of this article.
§ 650-51 General provisions.
A.
The Board of Selectmen shall adopt reasonable rules and regulations to carry out the purposes of this article. Such rules and regulations shall take effect upon their being filed in the office of the Town Clerk.
B.
Any person violating the provisions of this article shall be subject to the enforcement provisions of this bylaw.[1]
[1]
Editor's Note: Original Section 9.0, Severability, which immediately followed this section, was deleted 5-11-2009 ATM, Art. 23. See § 650-5, Severability.
