Wrentham City Zoning Code
ARTICLE XX
Special Use District
§ 390-20.1 Authority.
This bylaw is enacted pursuant to MGL Chapter 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution. It serves the compelling Town interests of limiting the location of certain adult entertainment uses, as defined and designated herein, in response to studies demonstrating their deleterious secondary effects.
§ 390-20.2 Purpose and scope.
A.
It is the purpose of this bylaw to address and mitigate the secondary effects of adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown 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 said secondary impacts are adverse to the health, safety and general welfare of the Town of Wrentham and its inhabitants.
B.
The provisions of this article have neither the purpose nor intent of imposing a limitation 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 provision to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States or 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 or intent of this article to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
§ 390-20.3 Definitions.
The term "adult entertainment establishment/use" shall be deemed within this provision to pertain to the following uses that are so defined under Article II of this bylaw:
§ 390-20.4 Establishment of district; permitted uses.
The Special Use District (SU) is herein established as an overlay district and shall be superimposed on other districts established by this bylaw and as so depicted on the "Zoning Map of Wrentham, Massachusetts", as amended. The uses herein authorized in the Special Use District shall be in addition to those permitted within the underlying zoning district. Adult entertainment uses are allowed in the Special Use District. Adult entertainment uses shall be prohibited elsewhere within the Town.
§ 390-20.5 Conditions.
Adult entertainment uses shall be prohibited in all zoning districts, except as otherwise permitted under § 390-20.4, and subject to the following conditions:
B.
All building openings, entries and windows of an adult entertainment establishment shall be screened in such a manner as to prevent visibility of its interior. Otherwise, all interior floor area where patrons view entertainment shall not be partitioned or screened and shall be clearly visible from elsewhere within said area.
C.
No adult entertainment use shall be allowed to display for advertisement or other purpose any sign, placard 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.
No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.
E.
Adult bookstores, adult paraphernalia stores, and adult video stores shall provide one off-street parking space for every off-street parking space for every 200 square feet GFA. Adult cabaret establishments and adult motion-picture theaters shall provide one off-street parking space for every two seats, or if seats are not utilized, every 20 square feet of GFA, plus one space for every two employees.
F.
No adult entertainment use shall have any flashing lights visible from outside the establishment.
G.
No adult entertainment use shall have a freestanding accessory sign.
H.
A landscaped buffer of no less than 50 feet shall be maintained along the periphery of any lot accommodating an adult entertainment use.
I.
An adult entertainment use shall neither be located on the same lot with other principal uses nor other adult entertainment uses.
J.
No adult bookstore, adult paraphernalia store, or adult video store shall occupy more than 10,000 square feet of gross floor area within a single building.
K.
Unless otherwise expressly stated within this article, lots, buildings, and other accessory improvements (e.g., parking lots) accommodating an adult entertainment use shall conform to all dimensional requirements of the underlying zoning district pursuant to Article VI and the requirements of any other overlay zoning district if so located therein.
§ 390-20.6 Severability.
The provisions of this article are severable, and in the event that any provision of this article is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.