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May 24, 2007
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Howell law regulates location of sex shops
BY TOYNET HALL
Staff Writer

HOWELL - Addressing an issue that has been a topic of conversation in the community for years, the Township Council has adopted an ordinance which regulates where sexually oriented businesses may locate.

The ordinance was adopted in a unanimous vote at the council's May 15 meeting. Municipal officials said the purpose of the law is to stop more sexually oriented businesses from setting up shop in the community.

There are several businesses that sell sexually oriented products that have been in operation in Howell for a number of years at various locations on the township's Route 9 corridor between Lake-wood and Freehold Township. The businesses are commonly known as adult boutiques.

The new law regulates the time, place and manner of sexually oriented businesses. It declares such businesses conditional permitted uses in zones other than residential zones, neighborhood commercial zones, highway commercial zones, the HD-1 zone (highway development) and the HD-2 zone (highway development).

According to the ordinance, "Like other permitted conditional uses, it regulates the distances between such establishments and other zones, between such establishments and similar ones, and between such establishments and certain other uses, such as libraries. The ordinance also confines the business to freestanding commercial buildings and prohibits neon signs."

Resident, Marla Trussell wrote a letter praising the council members for their effort to limit where the adult boutiques may open for business. However, Trussell suggested that the council make revisions to the ordinance.

"The ordinance should have a clearly stated purpose intended to preserve the quality of life by curbing the secondary effects of adult establishments," she wrote. "The ordinance clearly states where these businesses may not locate, but the ordinance should go one step further and designate where the use will be confined to or permitted."

Trussell said although these businesses are protected by the First Amend-ment to the U.S. Constitution, the quality of life for Howell residents should not be compromised in the pursuit of adult establishments.

Township Manager Thomas Czer-niecki said although the ordinance may need some revision, he is comfortable with the present version and will consider making modifications at a later date. He said the ordinance clearly states where these types of businesses are not permitted, but said it is narrowly tailored to the point where it does not completely ban such establishments from opening.