4.14.1 Purpose: The purpose of the Commercial District~III is to provide areas for light manufacture, assembly, research, industrial parks, office parks, high technology and similar uses, wireless service facilities, large scale retail and other uses.
4.14.2 Uses Permitted with Site Plan Approval by the Board of Selectmen:
4.14.2.1 All uses permitted with Site Plan Approval in Commercial District~II.
4.14.2.2 Any retail store, service establishment or retail business with a combined gross floor area of no less than one hundred thousand (100,000) square feet or more than one hundred fifty thousand (150,000) square feet. (5-3-93, Art. 6)
4.14.2.3 Truck deliveries restricted to the hours of 7:00 A.M. to 3:00 P.M. No deliveries allowed on Sunday. (5-3-93, Art. 6)
4.14.2.4 The establishment shall not open until 9:00 A.M. except Sundays when they may not open until 12 noon. (5-3-93, Art. 6)
4.14.3 Uses permitted on a Special Permit Granted by Planning Board:
4.14.3.1 Wireless Service Facility (including its supports)subject to the provisions of 6.11 Wireless Facility Regulations and Restrictions.
4.14.4 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen: (10-21-85, Art. 15; 5-4-87, Art. 12 - See editor's note below)
4.14.4.1 All uses permitted on a Special Permit and Site Plan Approval in Commercial District~I.
4.14.4.2.1 Body Art Establishments (4-0301, Art. 10)
4.14.4.2.2 Adult Uses - an establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade, or other matter or material for sale, rental, distribution, or exhibition, which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Sec.~31, including, but not limited to the following: adult bookstores, adult dance clubs, adult motion picture theatre, adult paraphernalia store, adult theatre, adult video stores and establishments which display live nudity for their patrons, subject to the following:
(a)An adult use may not occur or be located:
i. Within 300 feet of a lot line of a church or other place of worship;
ii. Within 300 feet of a public park, playground or athletic field;
iii. Within 300 feet of public or private elementary or secondary school or licensed day care center.
iv. Within 1000 feet of any other adult use within the Town of Stoneham;
(b) With the exception of an adult motion picture theatre, adult theatre and establishments which display live nudity for their patrons, adult entertainment uses may not exceed three thousand (3,000) square feet gross floor area. In addition all adult uses are subject to lawful conditions imposed pursuant to Section 7.4.3 of these bylaws and the site plan process, regardless of whether or not more restrictive than a provision of this Section.
(c) No advertisement, display or other promotional material which contains nudity, sexually explicit graphics or sexually explicit text shall be visible to the public from outside of the building.
(d) No special permit shall be issued to any person convicted of violating the provisions of section sixty-three of chapter one hundred and nineteen (G.L. c. 119, Sec.~63) or section twenty-eight of chapter two hundred and seventy-two (G.L. c.272, Sec.~28).
(e) A special permit granted under this section shall lapse within two years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for if construction has not begun by such date except for good a cause. (12-2-96, Art. 4)
4.14.4.3 In addition to the requirements of this Section, the special permit granting authority shall adopt and from time to time amend rules relative to the issuance of special permits hereunder, and shall file a copy of said rules in the office of the town clerk. Such rules shall prescribe a size, form, contents, style, and number of copies of plans and specifications and the procedure for a submission and approval of such permits. (12-2-96, Art. 4)
It is the purpose and intent of this bylaw to address and mitigate the secondary effects of sexually oriented businesses referenced herein, since such secondary effects have been found by the Board of Selectmen and Planning Board of Stoneham and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, 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 Stoneham and its present and future inhabitants. The provisions of this bylaw have neither the purpose nor effect 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,
intent nor effect of this bylaw to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of United States or of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials. Neither is it the intent nor effect of this bylaw to legalize the distribution of obscene matter or materials. (12-2-96, Art. 4)
Editor’s Note — West of I-93 bounded by Woburn/Stoneham Line.
Editor's Note — Amendment of Sec.~4.8.3 on 5-4-87 added the requirement of site plan approval to the existing special Permit requirement.
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