[HISTORY: Adopted by the Town of Burlington 7-1-2006. Amendments noted where applicable.]
The intent of this chapter is to regulate uses which, by their very nature, are recognized to have serious and undesirable secondary effects, such as, but not limited to, an increase in crime and/or prostitution, upon an area, particularly when several such uses are concentrated. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the area in which the adult-oriented establishment is located or its surrounding neighborhoods. The regulation of such uses is for the purpose of preventing a concentration of these uses in any one area and promoting the public health and safety of the Town of Burlington.
For the purpose of applying the provisions of this chapter the terms below shall be defined as follows:
- ADULT ARCADE
- An establishment where, for any form of consideration or gratuity, one or more motion-picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, slides or other photographic reproductions, including but not limited to computer images which are characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas.
- ADULT BOOKSTORE or ADULT VIDEO STORE
- A business having a portion of its stock-in-trade in books, films, photographs, tapes, periodicals and digital or analogue CDs characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas or defining itself as such by advertising as an adult-oriented business to the general public.
- ADULT CABARET
- A nightclub, bar, restaurant, theater or similar establishment which features performances which are characterized by the exposure of specified anatomical areas and/or an emphasis on depicting or describing specified sexual activities or which defines itself as such by advertising as an adult-oriented business to the general public.
- ADULT MODEL STUDIO
- Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. Excluded from this definition are any licensed educational institutions where the exposure of specified areas is associated with a curriculum or program.
- ADULT MOTEL
- A commercial establishment which offers public accommodations, for any form of consideration or gratuity, and provides patrons with closed-circuit television transmissions, images transmitted by computer, films, videocassettes, slides or other photographic reproductions which are characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas and which advertises the availability of this type of material by means of a sign(s) visible from a public right-of-way or by means of off-premises advertising in newspapers, magazines, leaflets, radio or television; offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant to sub-rent a sleeping room for a time period less than 10 hours; or defines itself as such by advertising as an adult-oriented business to the general public.
- ADULT PARAPHERNALIA STORE
- A business having a portion of its stock-in-trade in paraphernalia, devices or equipment characterized by an emphasis on depicting or describing specified sexual activity or used in connection with specified sexual activity or defining itself as such by advertising as an adult-oriented business to the general public.
- ADULT THEATER or ADULT MOTION-PICTURE THEATER
- A theater, concert hall, auditorium or similar establishment which, for any form of consideration or gratuity, regularly features live performances or the presentation of films, videocassettes, slides or similar photographic reproductions characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas.
- ADULT-ORIENTED ESTABLISHMENT
- Any business or operation where any employee, operator, independent
contractor, patron, visitor or owner exposes his or her specified
anatomical area and/or performs, demonstrates or depicts specified
sexual activities in the sale or rental of a service or product for
the observation or use by patrons, or conforms to one or more of the
following definitions:[Amended 4-23-2019]
- ESTABLISHMENT OF AN ADULT-ORIENTED ESTABLISHMENT
- Includes any of the following:
- A. The opening or commencement of any such establishment as a new establishment;
- B. The conversion of an existing establishment, whether or not an adult-oriented establishment, to any of the adult-oriented establishments defined herein;
- C. The addition of any of the adult-oriented establishments defined herein to any other business or operation; or
- D. The relocation of any adult-oriented establishment.
- SEXUAL ENCOUNTER CENTER
- A business that regularly offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. This definition does not apply to any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices.
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITY
- Includes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
Adult-oriented establishments shall only be permitted within an Industrial Zone as established by the Zoning Regulations of the Town of Burlington and upon the approval or modification and approval of the Commission of an application for a special permit use submitted to the Planning and Zoning Commission by the owners of the land. Such use is to be conducted by the owners of the land or their representative. In addition to the specific requirements listed in this section, the Planning and Zoning Commission must find that the application complies with the standards set forth in those regulations, as amended, for application procedures, hearing and notice requirements for special permits.
The Zoning Regulations notwithstanding, no building or use of land for the establishment of an adult-oriented establishment shall be approved in the Town of Burlington unless the following requirements are met:
No adult-oriented establishment shall be established on a lot if any portion of such lot is situated within a radius of 1,000 feet of any lot used or approved to be used for a day care, nursery, public or private school primarily attended by persons 18 years of age and younger, playground, house of worship or library.
No adult-oriented establishment shall be established on a lot if any portion of such lot is situated within a radius of 1,000 feet of any lot used or approved to be used for an adult-oriented establishment.
No adult-oriented establishment shall be established on the same lot that is used or approved to be used for an adult-oriented establishment.
No adult-oriented establishment shall be established on a lot if any portion of such lot is situated within a radius of 1,000 feet of any lot located in a residential zoning district.
No alcoholic beverages shall be sold or consumed within adult-oriented establishments.
Adult-oriented establishments shall be so designed as not to permit the view of any sexual aids or paraphernalia, films, books, tapes, periodicals, CDs, drawings or advertisements depicting specified anatomical areas or specified sexual activity from a sidewalk, street, driveway or parking area.
Any signs located inside or outside an adult-oriented establishment visible from a sidewalk, street, driveway or parking area shall not visually depict, describe or name any specified anatomical area or specified sexual activity.
At the time of the public hearing the Commission may require the submission of projected hours of operation. The Commission shall review the impact of such schedule of hours on the immediate neighborhood as well as current and projected traffic circulation patterns. As part of the special permit, reasonable limitations on hours of operation may be imposed for public health and safety.
Any activity, use or conduct in violation of this chapter shall be a unique and single act. Each day or part of a day during which such activity, use or conduct takes place shall constitute a separate and distinct violation. The penalty for a violation of this chapter shall be $100 per occurrence, enforced through the State of Connecticut Centralized Infractions Bureau by the issuance of an infraction ticket pursuant to C.G.S. § 51-164n.