[Amended 1-31-1977 by Ord. No. 1-1977; 5-2-1980 by Ord. No.
12-1980; 8-6-1982 by Ord. No. 16-1982]
The purpose of this chapter is to establish
a pattern for the use of land and buildings in the Township of Pemberton,
based on the Master Plan for the Township of Pemberton and enacted
in order to promote and to protect the public health, safety, comfort,
convenience and the general welfare of the people. This chapter is
intended to regulate the use and development of land within zoning
districts; secure safety from fire and other dangers; provide adequate
light and air; promote orderly development; avoid undue concentration
of population; prevent the overcrowding of land or buildings by regulating
the intensity of use and the location of buildings; establish standards
of development; limit congestion in the streets; prohibit incompatible
uses; regulate the alteration of existing buildings; protect against
hazards; conserve the taxable value of land and preserve open space
and natural features; and promote orderly development of the Pinelands
Area so as to preserve and protect the significant and unique natural,
ecological, agricultural, archaeological, historic, scenic, cultural
and recreational resources of the Pinelands, and implement the goals
and objectives of the Pinelands Comprehensive Management Plan.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules or regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed or required by this
chapter, the provisions of such other laws, rules, regulations or
restrictions shall control.
[Amended 11-2-1984 by Ord. No. 29-1984]
All uses not expressly permitted in this chapter
are prohibited.
[Added 3-15-1985 by Ord. No. 2-1985]
A.
Statement of intent and purpose. This section is adopted
in furtherance of all of the public purposes of municipal zoning and
planning, including but not limited to guiding the appropriate use
and development of the Township of Pemberton in a manner which will
promote the public health, safety, morals and general welfare, providing
sufficient space in appropriate locations for a variety of land uses,
including uses other than adult uses, in order to meet the needs of
citizens of the Township of Pemberton and of the State of New Jersey,
preserving and maintaining the quality and character of Pemberton
Township's neighborhoods, particularly its residential neighborhoods,
and deterring the growth and spread of blight and crime (especially
prostitution, sexual offenses, public indecency and related offenses).
It is recognized that there are some uses commonly known as "adult
uses" and more specifically defined herein which, because of their
very nature, are recognized as having serious objectionable operational
characteristics, particularly when such uses are located near residential
zones or in other inappropriate locations or without sufficient showing
that such uses in a specified location will comply with the conditions
and standards for the location and operation of such uses. Special
regulation of these objectionable adult uses is deemed necessary to
ensure that adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. In no way is the fact
that the Township of Pemberton regulates any or all of the adult uses
described herein or prohibits or allows them in the various zoning
districts to be construed as approval of or condoning of such uses
or as concluding that such uses are or may be compatible with any
part or neighborhood of the Township or consistent with its basic
character. It is the intent and purpose of this section to provide
the maximum permissible regulation of adult uses within the Township
of Pemberton, consistent with the rights of any person to engage in
or patronize such uses.
B.
ADULT BOOKSTORE
ADULT ESTABLISHMENT
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT VIDEO STORE
MASSAGE
MASSAGE BUSINESS
SEXUALLY ORIENTED BUSINESS
SEXUALLY ORIENTED DEVICES
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A bookstore having as a substantial or significant portion
of its stock-in-trade publication books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as defined in this section.
An adult bookstore, adult motion-picture theater, adult mini-motion-picture
theater, adult video store or a sexually oriented business, as defined
in this section.
[Amended 2-19-2004 by Ord. No. 2-2004]
An enclosed building with a capacity for fewer than 50 persons,
used for presenting motion pictures, a substantial or significant
portion of which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined in this section, for observing
by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a substantial or significant
portion of which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined in this section, for observation
by patrons therein.
An establishment or business having as a substantial or significant
portion of its stock-in-trade films, slides or movies consisting of
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined herein.
The manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping by hand or mechanical device.
Any establishment or business wherein massage is practiced,
including establishments commonly known as "health clubs," "physical
culture studies," "massage studios" or "massage parlors."
A commercial establishment which as one of its principal
businesses' purposes offers for sale, rental or display any of the
following: books, magazines, periodicals or other printed material
or photographs, films, motion pictures, video cassettes, slides or
other visual representation winch depict or describe a specified sexual
activity or specified anatomical area; or still or motion-picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices or
paraphernalia which are designed for use in connection with a specified
sexual activity. A commercial establishment which regularly features
live performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity or which regularly shows films,
motion pictures, video cassettes, slides or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
[Added 2-19-2004 by Ord. No. 2-2004]
Without limitation, any artificial or simulated specified
anatomical area or other device or paraphernalia that is designed
in whole or part for specified sexual activities.
C.
Restrictions as to adult establishments.
[Amended 2-19-2004 by Ord. No. 2-2004]
(1)
No building, premises, structure or other facility
that contains any adult establishment shall contain any other kind
of adult establishment. No building, premises, structure or other
facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any adult establishment.
(2)
No building, premises, structure or other facility
that contains any adult establishment or in which sexually oriented
devices are sold, distributed, exhibited or contained shall be located:
(a)
Within a residential zone;
(b)
Within a radius of 1,000 feet of:
[1]
Any residential zone.
[2]
Any church, synagogue, meetinghouse or other
place of worship or any building premises, structure or other facility
utilized for religious activities.
[3]
Any charitable or nonprofit institution or any
hospital.
[4]
Any public or private school, elementary or
secondary school or any school bus stop, nursery, child-care center,
community center, park, playground, recreation center or any municipal
or county playground or place of public resort and recreation or other
similar use.
[5]
Any premises located for the sale of or distribution
of alcoholic beverages.
[6]
Any other such building, premises, structure
or other facility which contains an adult establishment or in which
sexually oriented devices are sold, distributed, exhibited or contained.
(3)
The foregoing distance limitation shall be measured
by a straight line drawn from the nearest point of the lot boundary
on which the proposed use is to be located to the nearest point of
the lot or district boundary, as the case may be, of the other use
or district, and dimensions shall be indicated on the submitted site
plan.
D.
Open display prohibited. No specified anatomical areas
nor specified sexual activities shall be shown, described or depicted
on any signs, advertisements, displays or exhibits that are visible
from outside the building in which an adult use is located.
E.
Hours of operation. Hours of operation for adult establishments
shall not be earlier than 9:00 a.m. nor later than 12:00 midnight,
prevailing time, on weekdays and Saturdays. All such premises shall
be closed on Sundays.
All requirements shall be met at the time of
the erection, enlargement, alteration, moving or change in use of
the principal use and shall apply to the entire structure or structures
whether or not the entire structure or structures are involved in
the erection, enlargement, alteration, moving or change in use.
