It is the purpose of this article to establish reasonable and
uniform regulations to prevent the concentration of sexually oriented
businesses within the Town of Hudson; and, it is the intent to promote
the health, safety and general welfare of the citizens of the Town
of Hudson; and, it is the intent of this article that the regulations
be utilized to prevent problems of blight and deterioration which
accompany and are brought about by the concentration of sexually oriented
businesses; and, the provisions of this amendment have neither the
purpose nor the effect of imposing limitation or restriction on the
content of any communicative materials, including sexually oriented
materials; and, it is not the intent nor effect of this article to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment of the United States Constitution, or to deny
access by the distributors and exhibitors of sexually oriented entertainment
to their intended market; and, neither is it the intent nor effect
of this article to condone or legitimize the distribution of obscene
material.
The establishment of sexually oriented businesses shall only
be permitted in the Industrial Zone, provided all regulations, requirements
and restrictions pertaining to that zone are met, and the establishment
of sexually oriented businesses shall not be permitted within 500
feet of a church or place of worship, parish house or convent; a public,
parochial or private school; a state-approved day-care center; another
sexually oriented business; a sexually oriented business for which
a building permit has been applied for; a residence; any business
in which minors constitute more than 50% of the patrons; a public
park, recreation or sports facility; Town boundaries; or buildings
owned by the Town of Hudson and operated for government use. The word
"establishment," as used in this section, shall mean and include either
the opening or commencement of any sexually oriented business as a
new business or the conversion of an existing business, whether or
not a sexually oriented business, to any use included within the definition
of a sexually oriented business.
The setback distance between any sexually oriented business
and any protected use shall be 500 feet, measured from the property
line of the protected use to any existing (or proposed) parking lot
or structure of the sexually oriented business.
Site plan approval by the Hudson Planning Board shall be a prerequisite
for the establishment of a sexually oriented business. The Planning
Board may impose reasonable restrictions relative to buffers, outdoor
lighting, signs, parking, egress and ingress, pedestrian movement,
landscaping, building aesthetics and measures to ensure that displays
of merchandise conform with NH RSA 571-B.
Violation of the use provisions of this article is declared
to be a public nuisance per se, which shall be abated by the Town
by way of civil abatement procedures.
Nothing in this article is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any Town of Hudson ordinance or statute
of the State of New Hampshire regarding public nuisances, sexual conduct,
lewdness or obscene or harmful matter or the exhibition or public
display thereof.
If any section, subsection, sentence, clause, phrase or any
portion of this article is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this article.
The legislative body of the Town of Hudson hereby declares that it
would have adopted this article and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.