Public Hearing

Proposed Zoning Amendments

The Provincetown Planning Board will hold a public hearing on Wednesday, October 6, 2004 at 7 p.m. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, Provincetown MA 02657 pursuant to MGL Chapter 40A, Section 5 on the following proposed amendments to the Provincetown Zoning By-law. The public is encouraged to submit any comments to the Planning Board in writing to Provincetown Planning Board, Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.

Article A. Zoning Amendment: Adult Entertainment: To see if the Town will vote to amend the Zoning By-laws as follows:

1. By amending the Adult Entertainment by-law, as passed at the April 2004, Annual Town Meeting as Article 19, making the following changes to Section 2440(B9) in the table of Permitted Principal Uses, which shall provide as follows:

		Res1	Res2	Res3 ResB	TCC	GC	S	M
B9	Adult Entertainment^1
	a. Establishment which displays live nudity for its patrons	No	No	No	Yes No	Yes No	No	No
	b. Other adult entertainment	No	No	No	Yes	Yes No	No	No

[1][1] All adult entertainment uses must be located at least 300 feet from any library, school or playground. Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

And 2. By amending Section 2450(G15) in the table of Permitted Accessory Uses, which shall provide as follows:

		Res1	Res2	Res3 ResB	TCC	GC	S	M
G15	Adult Entertainment^2
	a. Establishment which displays live nudity for its patrons	Yes No	Yes No	Yes No	Yes No^3	Yes No	Yes No	Yes No
	b. Other adult entertainment	No	No	No	Yes	Yes No	No	No

² Accessory adult entertainment uses are permitted, as indicated in the above table, where the adult entertainment use is accessory to a non-residential use that is either a permitted use or a legally preexisting nonconforming use. All such adult entertainment uses must be located at least 300 feet from any library, school or playground. Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

³ Unless approval is granted by the Board of Selectmen after a public hearing is held before said Board, in which case the Board of Selectmen may grant approval on an event-by-event basis. Such approval shall be granted only for a particular performance for the range of dates of that performance, and shall never extend beyond the end of the calendar year. A blanket approval for all performances of different revues involving live nudity, or of different stage acts involving live nudity, to be held in the same location or different locations, or under the same sponsorship or under different sponsorships, may not be granted. In addition to being limited to accessory uses in the Town Center Commercial District, displays of live nudity must be held indoors, and may not be visible by any member of the public from the outdoors, and may not be visible by any member of the public from any other property.

Or to take any other action relative thereto.

[Requested by Terese Nelson, Deb Trovato, and others]

Article B. Zoning Amendment: Adult Entertainment: To see if the Town will vote to amend the Zoning By-laws as follows:

1. By amending the Adult Entertainment by-law, as passed at the April 2004, Annual Town Meeting as Article 19, making the following changes to Section 2440(B9) in the table of Permitted Principal Uses, which shall provide as follows:

		Res1	Res2	Res3 ResB	TCC	GC	S	M
B9	Adult Entertainment^1
	a. Establishment which displays live nudity for its patrons	No	No	No	Yes	Yes No	No	No
	b. Other adult entertainment	No	No	No	Yes	Yes No	No	No

[1][1] All adult entertainment uses must be located at least 300 feet from any library, school or playground. Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

And 2. By amending Section 2450(G15) in the table of Permitted Accessory Uses, which shall provide as follows:

		Res1	Res2	Res3 ResB	TCC	GC	S	M
G15	Adult Entertainment^2
	a. Establishment which displays live nudity for its patrons	Yes No	Yes No	Yes No^3	Yes	Yes No	Yes No	Yes No
	b. Other adult entertainment	No	No	No	Yes	Yes No	No	No

² Accessory adult entertainment uses are permitted, as indicated in the above table, where the adult entertainment use is accessory to a non-residential use that is either a permitted use or a legally preexisting nonconforming use. All such adult entertainment uses must be located at least 300 feet from any library, school or playground. Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

³ Except “Yes” in Res3 when the principal use is a theater, in which case, such theaters may display live nudity for their patrons as a permitted accessory use, as long as the displays of live nudity are indoors and not visible by any member of the public from any other property.

Or to take any other action relative thereto.

[Requested by Terese Nelson, Deb Trovato, and others]

Article C. Zoning Amendment: Adult Entertainment: To see if the Town will vote to amend the Zoning By-laws as follows: By adding the following sentence at the end of both footnote 17 to Section 2440(B9) in the table of Permitted Principal Uses and footnote 3 to Section 2450(G15) in the table of Permitted Accessory Uses:

"Furthermore, all adult entertainment uses must take place entirely indoors and in such manner as not to be observable from any abutting property, sidewalk or public way."

Or to take any other action relative thereto.

[Requested by the Board of Selectmen]

Anne Howard, Chairman

Provincetown Planning Board

Posted: Town Hall, and http://www.provincetown-ma.gov September 14, 2004 8:00 am dj

Published: Banner: September 16 and 23, 2004