Brockton Real Estate Zoning Ordinance
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.
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 restrictions: 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 districts: 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- ment; 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 use. 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 permits. 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 municipality. 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 purposes. (Ord. No. G024, 8-22-05) Supp. No. 18 2296.2