SECTION IV: USE REGULATIONS
See also Aquifer Protection District (Sect. IV L) Floodplain District (Sect. IVM), and River Protection District (IV P).
R: Adult Business Bylaw
The authority to write and enact this bylaw is granted in the Home Rule Amendment to the Commonwealth of
Massachusetts Constitution and the State Zoning Act, M.G.L. Chapter 40-A. This bylaw is intended to serve the
best interests of the Town of Huntington in limiting and preventing the clustering of adult entertainment.
The purpose of the Adult Entertainment bylaw is to address the secondary effects that adult businesses would have on the Town of Huntington. These secondary effects have been shown to include: increased crime, negative effects on public health, negative impact on the business climate and negative impacts on business and residential property values. All of the above mentioned secondary effects are adverse to good health, safety and well-being of the citizens of the Town of Huntington.
It is not the intent of this bylaw to limit in any way, any form of free speech, written, spoken or visual, including sexually oriented materials. It is also not the intent of this bylaw to deny access to any material protected by the United States Constitution and the Constitution of the Commonwealth of Massachusetts. It is not the purpose of this bylaw to legalize the sale, rental, distribution or exhibition of any material judged by law, to be obscene or otherwise illegal.
Adult Entertainment as defined in MGL Chap. 40A-9A are:
- 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 depicting, describing, or relating to sexual conduct or sexual excitement as defined in section 31 of chapter 272.
- 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 section thirty-one of chapter two hundred and seventy-two.
- Adult Paraphernalia Store:
- An establishment having as a substantial or significant portion of its stock 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 section thirty-one of chapter two hundred and seventy-two.
- 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 section thirty-one of chapter two hundred and seventy-two.
- Establishment which has 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 section thirty-one of chapter two hundred and seventy-two.
- All Adult Use Businesses are prohibited in the Town of Huntington in all zones except those which are labeled “Industrial”. These Adult Use Businesses shall require a Special Permit to be issued by the Selectboard under these conditions:
- The application for this Special Permit shall contain the names and addresses of the legal owner of the property, or the names and addresses of corporate officers (if different) as applicable.
- No one shall be issued a special permit for an Adult Use Business who has been convicted of violating any provisions of (MGL Chap. 199-63) Contributing to the Delinquency of a Minor, or (MGL Chap. 272-28) Dissemination of Obscene Material to a Minor.
- No Adult Use Business shall be less than
- 750 feet from the nearest residential zone.
- 1000 feet from the nearest school, day care center, day camp, church school or;
- 1000 feet from any church or cemetery.
- 750 feet from any park, playground or playing field.
- 250 feet from the nearest licensed business under MGL 40A-9A.
- 250 feet from the nearest licensed business under MGL 138-12.
All the above distances are to be measured in a straight line from property line to property line.
- No exterior public display of sexually explicit material or words as defined by MGL 272-31 shall be permitted. No Adult Business will disseminate or offer to minors any adult-oriented material or paraphernalia or allow minors to enter into, loiter or linger about the premises.
- No Adult Entertainment Use Business shall be established without submission of a site plan to the Planning Board. This plan shall clearly show all existing and proposed structures, parking places, driveways and service areas. The site plan shall clearly demonstrate the distances from proposed Adult Use Business to the nearest residential zone and the property line of each of the uses set in subsection IV. R1 (3) above.
- An Adult Use Special Permit shall be good for two calendar years from the date of issue, upon which time it is subject to review by the Selectboard, and may either be renewed or denied.
- This Special Permit may be revoked at any time if the licensee is found to be in violation of any of the above mentioned conditions.
- If any part of this bylaw is found not to be legal the rest will remain intact.