[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.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
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.
ADULT ESTABLISHMENT
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]
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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.
ADULT VIDEO STORE
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.
MASSAGE
The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device.
MASSAGE BUSINESS
Any establishment or business wherein massage is practiced, including establishments commonly known as "health clubs," "physical culture studies," "massage studios" or "massage parlors."
SEXUALLY ORIENTED BUSINESS
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]
SEXUALLY ORIENTED DEVICES
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.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts.
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.
(4) 
Adult uses must be located in a freestanding building, which will include a buffer zone to separate if from family-oriented businesses. The minimum buffer will include a densely planted buffer of evergreen trees in accordance with § 190-39 and at least six feet high at the time of planting.
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.