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Brockton Real Estate Zoning Ordinance

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Unofficial copy, Brockton zoning code. A free download is available through the city website. Brockton has been the source of a number of cases in court challenging zoning decisions. This is a town south of Boston, known previously for its shoe factories.

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									                      APPENDIX C—ZONING            Art. III, § 27-24.1

  (3)   Films, motion pictures, video cassettes, slides, or other
        photographic reproductions which are characterized by
        the depiction or description of anatomical areas specified
        as above, or relating to sexual conduct or sexual excite-
        ment as defined in General Laws Chapter 272, Section 31.
   (c) [Special permitted use.] All such adult use activities as
defined herein shall be allowed only in I-3 Heavy Industrial Zones
and only as a special permitted use subject to the following
     Adult uses shall be permitted only when located outside the
  area circumscribed by a circle which has a radius consisting of
  the following distances from the specified uses or zoning
           One thousand five hundred (1,500) feet from any
        residence zone (R1-A, R1-B, R1-C, R-2, R-3) or any
        residential use;
           One thousand five hundred (1,500) feet from any public
        or private school;
          One thousand five hundred (1,500) feet from any
        church or other religious facility or institution;
          One thousand five hundred (1,500) feet from any day
        care center;
          One thousand five hundred (1,500) feet from any OS
        open space zone or any public park;
          One thousand five hundred (1,500) feet from any boys'
        and girls' club, or children-oriented activity establish-
           One thousand five hundred (1,500) feet from any
        establishment licensed under the provisions of General
        Laws Chapter 138, Section 12;
          Adult uses shall be permitted only when located one
        thousand five hundred (1,500) feet from any other adult
     No special permit shall be issued to any person convicted of
  violating the provisions of General Laws Chapter 119, Section
  63 or General Laws Chapter 272, Chapter 28.

Supp. No. 18                  2295
Art. III, § 27-24.1        BROCKTON CODE

      The radius distance shall be measured by following a
   straight line, without regard to intervening buildings or struc-
   tures, from the nearest point of the property parcel upon which
   the proposed use is to be located, to the nearest point of the
   parcel of property or the land use district boundary line from
   which the proposed adult use is to be separated.

     The special permit granting authority for the activities
   defined herein shall be the zoning board of appeals.

      Said special permit granting authority shall adopt and from
   time to time amend rules relative to the issuance of such
   permits, and shall file a copy of said rules in the office of the
   city or town clerk. Such rules shall prescribe a size, forum
   contents, style and number of copies of plans and specifications
   and the procedure for a submission and approval of such

      All applications for the uses defined herein shall be acquired
   from and submitted to the building department and shall be
   subject to a public hearing as prescribed by General Laws
   Chapter 40A, Section 9A. Said application shall comply with
   the rules of submission provided to the applicant with the
   application form.

     Any existing adult bookstore, adult motion picture theater,
   adult paraphernalia store, nude dancing establishment or
   adult video store shall apply for such permit within ninety (90)
   days following the adoption of [this section] or by-law by a

     A special permit granted under this section, if not estab-
  lished within one (1) year, shall lapse, including such time
  required to pursue or await the determination of an appeal.
(Ord. No. D410, 6-26-97)
   State law reference—G.L. c. 40A, § 9A.

Sec. 27-24.2. Noise.

  A. [Application; exceptions.] This section shall apply to the use
or occupancy of any lot or structure thereon and the noise
produced thereby, but shall not apply to the following, without a

Supp. No. 18                      2296
                       APPENDIX C—ZONING             Art. III, § 27-24.2

permit from the License Commission. The License Commission
shall promulgate rules and regulations relative to the issuance of
such permits.
  1.    To the intermittent or occasional use, during the daytime,
        of light homeowner's residential outdoor equipment or
        commercial service equipment provided said equipment
        and its use complies with other provisions of this chapter;
  2.    To construction activities and the associated use of con-
        struction devices nor to the noise produced thereby,
        provided such activities, and such equipment and its use,
        comply with provisions of this chapter.
   B. Noise in regulated areas or Affecting Residential Property.
No person shall create or cause to be emitted from or by any
source subject to the provisions of this chapter, any noise which
causes or results in a noise level, measured at any lot line of any
lot located in any regulated area or an adjacent residential use, in
excess of any level of subsection of this section, Noise emitted
from construction sites shall be excepted from this regulation.
  C. Table of noise standards.

   Maximum Allowable Octave Band Sound Pressure Levels

Octave Band Center                Regulated Area or
Frequency Measure-                     Adjacent
ment                               Residential Area
                             Daytime            Other Times
31.5                             76                      68
63                               75                      67
125                              69                      61
250                              62                      52
500                              56                      46
1,000                            50                      40
2,000                            45                      33
4,000                            40                      28
8,000                            38                      26
Single    Number                 60                      50
Equivalent (dB(A))

Supp. No. 18                  2296.1
Art. III, § 27-24.2       BROCKTON CODE

   D. This ordinance shall apply to any:
   (A)    Any use of land within a C-7 Zone, Sports and convention
          complex zone as established in Section 27-32.9 or
   (B) Any use of any lot or group of lots of ten (10) acres or
       greater in size for public amusement or entertainment
(Ord. No. G024, 8-22-05)

Supp. No. 18                  2296.2

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