It is the intent and purpose of this chapter
to regulate adult entertainment establishments to promote the health,
safety and general welfare of the citizens of Chelmsford and to guard
against adverse secondary effects on the youth of the town. Furthermore
it is the intent and purpose to establish reasonable and uniform regulations
to prevent any deleterious location and concentration of adult entertainment
establishments within the town, thereby reducing the adverse secondary
effects from such adult entertainment establishments. The provisions
of this chapter have neither the purpose nor effect of imposing limitations
or restriction on the content of any communicative materials. Similarly,
it is not the intent nor effect of this chapter to condone or legitimize
the distribution of obscene material.
The Adult Entertainment Overlay District is
established in addition to the Adult Entertainment (CX) District.
The Adult Entertainment Overlay District use regulations shall be
as herein described in the Adult Entertainment District.
A.
Special permits shall not be granted for an adult
entertainment establishment if it is to be located less than 1,000
feet from the following uses. Measurement of distances shall be from
the lot line of any of the uses described herein.
(1)
Another adult entertainment establishment.
(2)
Residential uses.
(3)
Public or private nursery schools.
(4)
Public or private day-care centers.
(5)
Public or private kindergartens.
(6)
Public or private elementary schools.
(7)
Public or private secondary schools.
(8)
Playgrounds or parks.
(9)
Religious institutions.
B.
Reduction of spacing requirement. The Board of Appeals may waive the one-thousand-foot restriction contained in Subsection A by special permit; provided, however, that the Board of Appeals shall not, under any circumstances, grant a special permit for an adult entertainment establishment which shall be closer that 750 feet to any of the uses listed in Subsection A. To grant a special permit reducing the spacing requirement, the Board shall find that:
(1)
The proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit of
this chapter will be observed;
(2)
The proposed use will not enlarge or encourage the
development of a "skid row" area;
(3)
The establishment of an additional regulated use in
that area will not be contrary to any program of neighborhood conservation
nor will it interfere with any program or urban renewal;
(4)
All applicable regulations of this chapter will be
observed; and
(5)
No portion of the establishment shall be located on
the ground level of any building.
A.
Special permit. No adult entertainment establishment
shall commence operations without first applying for and receiving
a special permit from the Board of Appeals.
B.
Conditions. The following conditions shall be attached
to any special permit for adult entertainment establishments:
(1)
Adult entertainment establishments shall not be allowed
within a building containing other retail, consumer or residential
uses.
(2)
No adult entertainment establishment shall be located
within 60 feet of a public or private way.
(3)
Any adult entertainment establishment shall cease
its operations between the hours of 1:00 a.m. and 10:00 a.m. each
day.
(4)
No adult entertainment establishment may have visible
from the exterior of the premises any flashing lights.
(5)
At all times when an adult entertainment establishment
is open for business, the entire area of the premises must be continually
illuminated to the degree of not less than one footcandle (measured
30 inches from the floor), except those portions of the room covered
by furniture.
C.
Statutory prohibition. 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.