Purpose and Intent:
It is the purpose of this regulation to establish reasonable and uniform provisions in accordance with RSA 674:16 & 17 to regulate the secondary effects of sexually-oriented business within the Town of Greenfield in the interests of public health, safety and welfare, including, but not limited to: protection of property values, separation of incompatible land use; location of such uses relative to public facilities; and the prevention of blight and crime.
It is the intent of this regulation to prevent problems that are commonly associated with sexually-oriented businesses. Further, the provisions of this regulation have neither the purpose or effect of imposing limitations or restriction on the content of any communicative materials, including sexually-oriented materials; and it is not the intent nor effect of this regulation 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 materials to their intended market. It is neither the intent nor effect of this regulation to condone or legitimize the distribution of obscene materials.
Definitions:
A sexually oriented business is any place of business at which any of the following activities is conducted.
1. Adult Bookstore or Adult Video Store – 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, motion pictures, video cassettes, slides, tapes, records, CD-roms, internet access or other forms of visual representations which meet the definition of “harmful to minors” and/or “sexual conduct” as set forth in RSA 571-B:1 or
b. Instruments, devices, or paraphernalia which are designed for use in connection with “sexual conduct” as defined in RSA 571-B:1, other than birth control devices.
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 floor area of the establishment to the sale of books and periodicals.
1. Adult Theatre - An establishment open to the public 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 material which meet the definition of “harmful to minors” and/or “sexual conduct” as set forth in RSA 571 B:1.
3. Adult Cabaret - A nightclub, bar, restaurant, or similar establishment which during a substantial portion of the total presentation time features live performances which meet the definition of “harmful to minors” and/or “sexual conduct” as set forth in RSA 571 B:1.
B. Applicability and Where allowed:
1. Sexually oriented businesses, as defined in Section A; shall only be permitted by Special Exception of the Board of Adjustment, and subject to the following conditions:
a. No such use shall be permitted within 2,000 feet of the property line of a church, cemetery, school, day care center, any public buildings, public facilities, or the Village District.
b. No such use shall be permitted within 500 feet of a residential property line.
c. No adult businesses shall be permitted within 1,000 feet of another such use, or within a building in which such a use already exists.
2. The distance requirements above shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall or temporary or permanent physical divider of each business.
3. Nothing herein shall be construed to permit the display, sale or rental of materials in any district that would otherwise violate state or federal law.
C. Additional Reasonable requirements:
1. Notwithstanding additional requirements imposed by Site Plan Review, the following provisions shall apply:
a. Buildings shall be suitably screened by either vegetation or some other type, as determined by the Planning Board during Site Plan Review
b. No sexually explicit or suggestive materials or advertising shall be visible from outside the building.
c. No private viewing rooms or booths shall be allowed.
d. No more than 40% of the materials in stock shall deal with adult publications as defined in Article II, Definitions. Of the remaining 60%, children’s material shall not be included.
e. No other use than those defined herein shall be permitted in the building(s) or on the property.
| 
