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.