City of Franklin, NH
Merrimack County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Franklin 3-4-1996 by Ord. No. 95-7. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 305.
As used in this chapter, the following terms shall have the meanings indicated:
SEXUAL CONDUCT
Human masturbation; sexual intercourse, actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals; any depiction or representation of excretory functions; any lewd exhibitions of the genitals; flagellation or torture in the context of a sexual relationship; or physical contact of a sexual nature. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIME
Occurring on more than seven days within any period of 56 consecutive days.[1]
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that a substantial part of the time offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more persons are in the state of nudity (partial or total) and where the activities mentioned above are characterized by an emphasis on sexual conduct.
A. 
ADULT BOOKSTORE or ADULT VIDEO STORE:
(1) 
A business that devotes more than 15% of the total display shelf, rack, table, stand or floor area utilized for the display and sale of the following:
(a) 
Books, magazines, periodicals or other printed matter or photographs, films, video games, motion pictures, video cassettes, slides, tapes, records, CD-ROM's or other forms of visual or audio representations which depict or describe sexual conduct; or
(b) 
Instruments, devices or paraphernalia which is designed for use in connection with sexual conduct.
(2) 
An adult bookstore or adult video store does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock and trade and does not devote more than 15% of the total display, shelf, rack, table, stand or floor area of the establishment to the sale of books and periodicals.
B. 
A nightclub, bar, restaurant or similar commercial establishment or a private membership club, fraternal membership or social club which during a substantial portion of the total presentation time features:
(1) 
Live performances which are characterized by sexual conduct.
(2) 
Feature films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe sexual conduct.
C. 
An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions for any form of consideration to persons in motor vehicles or on outdoor seats in which a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of materials which depict or describe sexual conduct.
D. 
Any place in which the public is permitted or invited wherein coin- or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to four or fewer persons per machine at any one time and in which a substantial portion of the total presentation time of the images so displayed is distinguished or characterized by the depicting or describing of sexual conduct.
E. 
An establishment with a capacity of five or more persons where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of materials which depict or describe sexual conduct.
F. 
A theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on activities which depict or describe sexual conduct.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is the intent of this chapter to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City of Franklin and to protect the citizens of the City of Franklin from the secondary effects of such sexually oriented businesses, and it is the intent to promote the health, safety and general welfare of the citizens of the City of Franklin, and it is the intent of this chapter 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 chapter have neither the purpose nor the effect of imposing limitation or restrictions on the content of any communicative materials, including sexually oriented materials, and it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market, and neither is it the intent or effect of this chapter to condone or legitimize the distribution of obscene material.
A. 
Sexually oriented businesses, as defined in § 248-1, shall be located only in the B-1 Zoning District and shall be subject to all regulations, requirements and restrictions for that zone and shall further be subject to the following distance requirements:
(1) 
No sexually oriented business shall be permitted within 1,000 feet of another sexually oriented business which is either existing at the time of the effective date of this chapter or one for which a building permit has been applied for, and no sexually oriented business shall be permitted within a building, premises, structure or other facility that contains another sexually oriented business.
(2) 
No sexually oriented business shall be permitted within 750 feet of any:
(a) 
Residential district, as defined in Chapter 305, Zoning, § 305-12.
(b) 
Church, place of worship, parish house, convent, public or parochial or private school, kindergarten, state-approved day-care center or public sports or recreation park.
(c) 
City boundary line.
B. 
Measure of distance. The distancing requirements above shall be measured in a straight line, without regard to intervening structures, from the property line of any site above (unless otherwise specified) to the closest exterior wall of the sexually oriented business.
The Planning Board shall have the power to review and approve permit applications for sexually oriented businesses in accordance with Chapter 402, Site Plan Review, of the Code of the City of Franklin, New Hampshire, and impose reasonable restrictions for buffering, outdoor lighting, parking, adequate ingress and egress from the site off of and onto public roads and pedestrian movement and to provide for appropriate landscaping and to avoid site development layout which may result in negative environmental impacts.
Any sexually oriented business shall submit to the Planning Board, pursuant to Chapter 402, Site Plan Review, a sketch or other reasonably accurate depiction of any sign intended to advertise or note the location of the sexually oriented business. No such sign shall contain sexually explicit language or artwork. Sexually explicit language or artwork shall include, but shall not be limited to, a description or any depiction of sexual conduct as defined in § 248-1 of this chapter.