114 Main St Lenox, MA 01240-2452

Any property located in the C district or R-15 district used primarily for religious purposes shall be exempt from the provisions of this Section 8.8. 8.9. ADULT ENTERTAINMENT USES 8.9.1. Purpose and Intent The purpose and intent of this section is to address and mitigate the secondary effects of the adult uses and businesses referenced herein. The provisions of this section are not intended to impose a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Also, the provisions of this section are not intended to restrict or deny access by adults to adult uses and to sexually oriented matter or material protected by the Constitution of the United States of America and 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 section to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. It is also the purpose of this section to address and mitigate the secondary effects of the 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 impa cts are adverse to the health, safety, and general welfare of the Town of Lenox and its inhabitants. 8.9.2. Special Permit No adult use shall be allowed except by a Special Permit granted by the Board of Appeals. The Board may impose such conditions as it deems appropriate for the protection of public health, safety, and welfare in any district permitting such use. A Special Permit shall only be issued following a public hearing held within 65 days after filing of an application with the Board of Lenox Zoning Bylaw - SECTION 8 - Page 54 Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant. 8.9.3. Location An adult use shall be prohibited in all zoning districts except in the C-1A Zone. An adult use may not be located within four hundred (400) feet of 1. A boundary line of a residential zoning district; 2. Any other adult bookstore or adult motion picture theater; or 3.