[1]
Editor's Note: Former § 107-109, Supplemental use controls, was repealed 9-13-1977 by Ord. No. 77-16.
The purpose of the I-1 Office Park and Light Industrial Park District is to establish an area where small industries and office-oriented businesses not involved in retail sales may be located. It will also provide employment in areas other than manufacturing and retail services. The I-1 District is near several residential neighborhoods and adjacent to Delsea Drive and has rail access. Portions of the district are located where large, undeveloped parcels now exist.
A. 
Permitted principal uses (land and buildings).
(1) 
Office and office buildings; research facility; manufacturing, fabrication and assembly operations; emergency care, outpatient facility; utilities; motel, provided that it has frontage and access to Delsea Drive; restaurant; and auto/truck sales.
(2) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(3) 
Service stations with or without a convenience store, provided that the lot has access to Delsea Drive and the plan complies with § 107-59.1.
(4) 
Catering and banquet halls, and meeting halls for fraternal/social organizations.
(5) 
All storage areas shall be shown on an approved site plan.
Note: Participation in the Borough's affordable housing program shall be required as specified in § 107-50.1 and related ordinances.
[Added 7-26-1988 by Ord. No. 88-20]
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading, interior supply and equipment storage, and cafeteria, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Radio towers (maximum 100 feet, but not higher than allowed in § 107-85B) and satellite dishes (priority location in side or rear yard) for use of the occupant only.
(3) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses.
(1) 
Warehouse facilities limited to operations offering long-term storage so as to reduce the frequency of pickup and delivery services, provided that the use meets the requirements for lots of 80,000 square feet, has frontage on Delsea Drive, and has access only to Delsea Drive.
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Office buildings, emergency care, outpatient facility, and restaurants shall meet the requirements for lots of 15,000 square feet in Subsection D(6) below.
(2) 
Research uses, utilities, catering and banquet halls, and auto/truck sales shall meet the requirements for lots of 30,000 square feet in Subsection D(6) below. Auto and truck sales and service uses may be permitted to have display areas for new vehicles located in the front yard and outside storage areas for new vehicles in the rear yard. All customer parking, display areas, and storage areas shall be located at least 25 feet from any street right-of-way and any other nonresidential lot line, but be at least 100 feet from a residential zone line. The storage areas shall be screened from public streets and nearby residential zoning districts by trees and evergreens located and spaced to meet the buffer requirements of § 107-48.1. Used vehicles may be displayed but only in the side yard, and the area devoted to these displays shall not exceed 10% of the total tract area. All areas used for customer parking, display vehicles and stored vehicles shall be paved. Gravel and stone shall not be considered paved. Car and truck sales and service uses may also have service areas for the purpose of preparing vehicles for delivery and providing such other services and oil changes, lubrication, engine tune-ups, wheel alignments, and similar routine maintenance, but excluding body shops and painting.
(3) 
Motels and warehouses shall meet the requirements for lots of 80,000 square feet in Subsection D(6) below.
(4) 
Manufacturing, fabrication and assembly uses are limited to areas south of Grove Street and are intended to provide development opportunities for smaller business operations. Therefore, the minimum requirements shall be as set forth for lots of 15,000 square feet in Subsection D(6) below and the maximum lot size shall be 30,000 square feet.
(5) 
Service stations shall meet the requirements for lots of 20,000 square feet in Subsection D(6) below as well as § 107-59.1
(6) 
Bulk regulations for designated lot sizes:
80,000 Square-Foot Lots
30,000 Square-Foot Lots
20,000 Square-Foot Lots
15,000 Square-Foot Lots
Minimum:
Lot area
80,000 square feet
30,000 square feet
20,000 square feet
15,000 square feet
Lot width
200 feet
150 feet
125 feet
100 feet
Lot depth
300 feet
200 feet
125 feet
150 feet
Front yard
50 feet
50 feet
50 feet
40 feet
Side yard
One
25 feet
20 feet
20 feet
20 feet
Both
50 feet
40 feet
50 feet
40 feet
Rear yard
50 feet
40 feet
30 feet
20 feet
Minimum portion of lot landscaped
15%
15%
15%
15%
Maximum:
Building coverage
30%
30%
15%
20%
Pavement cover
30%
40%
50%
40%
Building height
30 feet
20 feet
20 feet
20 feet
Floor area ratio
0.30
0.30
0.20
0.20
The purpose of the I-2 Industrial District is to continue an expansion of the present industrial pattern and provide wider employment opportunities in proximity to residential centers. The I-2 District is located to take advantage of existing rail facilities as well as existing and planned major highways.
A. 
Permitted principal uses (land and buildings).
(1) 
Office and office building; research, testing and experimentation; warehouse, shipping and receiving; manufacturing, fabrication and assembly; and utility.
(2) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(3) 
All storage areas shall be shown on an approved site plan.
Note: Participation in the Borough's affordable housing program shall be required as specified in § 107-50.1 and related ordinances.
[Added 7-26-1988 by Ord. No. 88-20]
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading, interior supply and equipment storage, and cafeteria, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Radio towers (maximum 100 feet, but not higher than allowed in § 107-85B) and satellite dishes (priority location in side or rear yard) for use of the occupant only.
(3) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses: none.
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Office buildings and utilities shall meet the requirements for lots of 40,000 square feet in Subsection D(5) below.
(2) 
Research, testing and experimentation uses shall meet the requirements for four-acre lots in Subsection D(5) below.
(3) 
Warehousing, shipping and receiving shall meet the requirements for six-acre lots in Subsection D(5) below. It is required that these lots either deed-restrict the property to these uses, or show a plan with either a reduced building size or what section(s) of the building will be razed in order to provide sufficient parking and loading area for an office use in order to reasonably assure a more intense use will be able to function on the site in accordance with these regulations in the event the site changes to a more intense use.
(4) 
Manufacturing, fabrication and assembly uses shall meet the requirements for eight acre lots in Subsection D(5) below.
(5) 
Bulk requirements for designated lot sizes:
Eight Acre Lots
Six Acre Lots
Four Acre Lots
40,000 Square-Foot Lots
Minimum:
Lot area
8 acres
6 acres
4 acres
40,000 square feet
Lot width
450 feet
400 feet
300 feet
200 feet
Lot depth
450 feet
400 feet
300 feet
200 feet
Front yard
130 feet
130 feet
65 feet
60 feet
Side yard:
One
40 feet
65 feet
30 feet
60 feet
Both
80 feet
130 feet
60 feet
120 feet
Rear yard
40 feet
65 feet
30 feet
60 feet
Minimum portion of lot landscaped
15%
15%
15%
15%
Maximum:
Building coverage
35%
40%
25%
20%
Pavement cover
35%
25%
35%
40%
Building height
40 feet
40 feet
30 feet
30 feet
Floor area ratio
0.35
0.50
0.30
0.25
[Added 7-26-1988 by Ord. No. 88-20]
A. 
Purpose. This district is established to provide a modern employment district near a major limited-access highway for offices and other limited nonresidential uses. The district is intended to encourage developments on large tracts in order to gain coordinated site planning for circulation, parking, loading, public facilities and landscaping. Since the uses permitted in this district will add employment to the Borough, the opportunity to voluntarily assist in the provision of lower-income housing in the Borough is available through bonuses in exchange for required contributions to the Borough's Housing Trust Fund.
[Amended 12-27-1988 by Ord. No. 88-25]
B. 
Permitted principal uses.
(1) 
Offices, research, restaurants, and motels.
(2) 
General production operations for manufacturing, fabrication and assembly businesses, provided that:
(a) 
No portion of the operation other than off-street parking and off-street loading berths are located outside of a building;
(b) 
The buildings for these uses are located at least 300 feet from any residential zoning district boundary line, from Ellis Mill Road and/or from Richwood-Aura Road;
(c) 
Any building with office uses shall have the office portion facing the abutting public street;
(d) 
All loading spaces shall be shielded from view from the adjacent public streets and from adjacent residential zoning districts in the same manner as specified for warehousing in Subsection D(1)(c) below;
(e) 
The parking plan and building use shall comply with Subsection D(2) below;
(f) 
Any warehousing operations shall be incidental to the principal use and subject to the conditions for warehousing as set forth below;
(3) 
All uses exercising the bonus floor area provisions shall be required to participate in the Borough's low- and moderate-income housing program as set forth in § 107-50.1.
(4) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(5) 
All storage areas shall be shown on an approved site plan.
C. 
Accessory use permitted.
(1) 
Guardhouses, cafeterias and incidental uses customarily associated with the principal use.
(2) 
Off-street parking and loading are required and permitted, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(3) 
Motels may have a restaurant, coffee shop, gift shop, pool, and/or similar accessory uses customarily incidental to motels.
(4) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
D. 
Conditional uses.
[Amended 12-27-1988 by Ord. No. 88-25]
(1) 
Warehousing is permitted as a conditional use, provided that the following conditions are met:
(a) 
The warehousing shall be accessory to and related to the principal use on-site and be on the same property as the principal use. No warehouse operation shall be a principal use.
(b) 
No more than 40% of the gross floor area constructed on site shall be devoted to warehousing.
(c) 
All warehouse operations shall be designed so all truck parking and loading areas, bays, doors and other aspects of the warehouse operation cannot be seen from public streets and nearby residential areas by locating these operations behind buildings, creating minimum six-foot-high berms landscaped with evergreens, deciduous trees and shrubbery, and/or creating a four-foot berm topped with a three-foot-high brick or stone wall with shrubbery along the wall and/or similar design features. Stockade fences, chain link fencing or similar fencing are not permitted for this purpose.
(d) 
The parking plan and building use shall comply with Subsection D(2) below.
(2) 
The site plan for any use shall show acceptable locations and designs for the required off-street parking as if the entire building were occupied as an office. To the extent a portion of the building is to be occupied as a warehouse, general production operation, or some other use with less parking requirements, only that parking needed for the current uses need be constructed. If this condition is not met, the applicant shall place a deed restriction on the property that those portions of the building occupied as a warehouse or other use with less parking requirements than an office shall not be changed in the future.
E. 
Bulk regulations.
[Amended 12-27-1988 by Ord. No. 88-25]
(1) 
In order to encourage an office park design that will enlarge the public park adjacent to Higgins Drive, the owners of properties in the OP District adjacent to Higgins Drive may relocate the development otherwise permitted on those lots to any other property in the OP District. The purpose of this design option is to create a larger separation between the office park development and the housing that exists across Higgins Drive and at the same time enlarge a park that can benefit the residents and employees alike. The condition for allowing this relocation of development is that the area intended for the park shall be dedicated to the Borough at no cost, and the depth of the property to be dedicated shall be at least 300 feet measured from the Higgins Drive right-of-way. In order to accommodate both the development being relocated plus the development already permitted on the lot where all the development will take place, the following adjustments are permitted in the bulk regulations set forth in Subsection E(2) below: a) the minimum front, side and rear yards may be reduced to 75 feet each; and b) the maximum floor area ratio, lot coverage, and building height may be increased to 0.24, 60%, and 45 feet, respectively. In the event the applicant uses any other bonuses permitted in this district, the adjustments permitted to the floor area ratio, lot coverage and height may be added to these standards.
(2) 
Table of standards for all uses. (See additional setbacks in § 107-58G.)
(a) 
Minimum lot size: five acres.
(b) 
Minimum lot width: 400 feet.
(c) 
Minimum lot depth: 400 feet.
(d) 
Minimum front yard: 150 feet.
(e) 
Minimum side yard: 100 feet.
(f) 
Minimum rear yard: 100 feet.
(g) 
Minimum setback for parking: 25 feet from buildings and roads.
(h) 
Maximum floor area ratio. If, at any intensity of development, the design requirements cannot be met, the floor area ratio shall be reduced to whatever level allows the design requirements to be met.
[Amended 10-24-1989 by Ord. No. 89-19]
[1] 
Basic FAR: 012.
[2] 
With cash contributions to Housing Trust Fund in accordance with § 107-50.1: 0.15.
[3] 
With life rights to existing residents on site or provisions for replacement housing: 0.175. If one or more residences exist on the site, the developer shall either provide life rights to the existing occupant, but not for more than 15 years and not transferable to other families or other family members, or the developer shall be responsible for providing replacement housing of an equivalent size compared to the existing house, the replacement housing to be in the form of either a new house in a residential zoning district or adequate compensation to buy or rent a dwelling unit outside the OP or the OP/R District. Where replacement housing is to be provided, an additional 1,000 square feet of gross floor area may be added to the site for each replacement dwelling unit, provided that the maximum floor area ratio does not exceed 0.175 on any site. Where life rights are granted, the developer may include the acreage of the residential lot in calculating the permitted gross floor area, but no additional gross floor area is permitted.
[4] 
Bonus above any of the above categories if the site is 50 or more contiguous acres, and all parking, setbacks and other design criteria can be met: 0.025.
(i) 
Maximum lot coverage:
Maximum FAR
Maximum Coverage
0.12
40%
0.15
50%
0.175
55%
0.20
60%
(j) 
Maximum building height: 45 feet and four stories.
(3) 
Buffer area. Any lot adjoining any residential zoning district or abutting a street that separates a residential zoning district from the OP District shall provide a minimum buffer area 50 feet wide along the lot line or street line. No parking, loading, driveways, aisles, buildings or similar improvements shall be within this buffer area. The buffer area shall be designed and planted consistent with § 107-48.1.
[Amended 10-24-1989 by Ord. No. 89-19]
[1]
Editor's Note: Former § 107-112, which was part of Article IX, Supplemental Use Regulations, was repealed 9-13-1977 by Ord. No. 77-16.
The purpose of this district is to identify lands serving public and quasi-public purpose(s).
A. 
Permitted principal uses (land and buildings). Any municipal use authorized by the Borough of Glassboro; Borough School Board schools, offices, recreational and similar uses; State College administrative, educational, housing and recreational uses; State Fish and Game Preserve; county- or state-owned offices and open space uses; and cemeteries. All public uses shall meet the design standards noted below and in other sections of this chapter in order to minimize the off-tract nuisances or other problems associated with them.
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking lots and loading areas.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Cafeterias, meeting rooms, and recreational improvements as part of schools.
(3) 
Any use which would result in outside storage, vehicle maintenance, or similar industrial-type operation shall be permitted only when the area devoted to those use(s) abut an industrial or commercial zoning district.
(4) 
Radio towers (maximum 100 feet, but not higher than allowed in § 107-85B) and satellite dishes (priority location in side or rear yard) for use of the occupant only.
C. 
Conditional uses.
(1) 
State Department of Transportation and County Highway Department maintenance yards shall be located adjacent to state and county highways, respectively, but not adjacent to any residential zone unless there is a minimum planted buffer area of 150 feet in accordance with § 107-48.1.
(2) 
College dormitories shall have off-street parking sufficient to avoid vehicular parking along public rights-of-way.
(3) 
Sorority and fraternity houses, provided that they are located on college property and provided that they meet the bulk regulations and the conditions as set forth in the R-3 District except the requirement that a lot must have frontage on Carpenter Street or Mullica Hill Road (Route 322).
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Minimum lot size: 30,000 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot depth: 150 feet.
(4) 
Minimum front yard: 30 feet.
(5) 
Minimum side yard: 50 feet.
(6) 
Minimum rear yard: 50 feet.
(7) 
Minimum portion of lot landscaped: 15%.
(8) 
Maximum floor area ratio: 0.20.
(9) 
Maximum building height: 30 feet.
(10) 
Maximum lot coverage: 60%.
[Added 9-12-2000 by Ord. No. 00-28]
The purpose of this district is to identify lands where adult/sexually oriented businesses may be located, and the zoning requirements of such businesses.
A. 
Statutory authorization; findings of fact; purpose and objectives.
(1) 
Statutory authorization. The legislature of the State of New Jersey has delegated the responsibility to the local governmental units to adopt regulations designated to promote the public health, safety and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Glassboro and the State of New Jersey does ordain as follows.
(2) 
Findings of fact. Sexually oriented business have a deleterious affect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, especially prostitution; adversely affecting property values; creating an atmosphere which is inimical to the values of a significant segment of the Borough's population; and encouraging residents and businesses to move elsewhere. It is further recognized that sexually oriented business, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
(3) 
Purpose and objectives. It is the purpose of this section to regulate sexually oriented business to minimize and control the adverse effects recognized in Subsection A(2) and to promote the public health, safety and general welfare of the citizens of the Borough. It is no the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, nor will this chapter have the effect of restricting or denying such access.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment, which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed materials or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devises or paraphernalia, which are designed for use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment, which regularly features:
(1) 
Persons who appear in a state of nudity; or
(2) 
Live performances, which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which offers accommodations to the public for any form of consideration and which:
(1) 
Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of these adult-types of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established adult theaters (below).
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
COMMERCIAL DISPLAY
The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
NUDITY OR A STATE OF NUDITY
The appearance of a human bare buttocks, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALS
The definition of obscene materials set for in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Sec. 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below the point immediately above the top of areola; or
(2) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C of this definition.
C. 
Location of sexually oriented business.
(1) 
A person commits an offense if he operates or causes to be operated a sexually oriented business:
(a) 
Within on 1,000 feet of a place of worship;
(b) 
Within 1,000 feet of any school, whether public or private or within 1,000 feet of any school bus stop;
(c) 
Within 1,000 feet of a boundary of a residential district;
(d) 
Within 1,000 feet of any public area, as set forth under § 107-114A of this chapter;
(e) 
Within 1,000 feet of any other sexually oriented business;
(f) 
Within on 1,000 feet of a residential use.
(2) 
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.
(3) 
A sexually oriented business, lawfully operating as a conforming uses, is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential to within 1,000 feet of the sexually oriented business.
(4) 
Adult/sexually oriented businesses shall conform to the development and zoning requirements established for the C-6 District as set forth under § 107-108, except that outdoor sales or displays are prohibited in this zone.
D. 
Prohibition against commercial display of obscene materials or acts. A person is in violation of this chapter if he knowingly conducts or maintains any premises, place or resort as a place where obscene materials, as defined in N.J.S.A. 2C:34-2 and N.J.S.A. 2C:34-3, are sold, photographed, manufactured, exhibited or otherwise prepared or shown in violation of N.J.S.A. 2C:34-2, 2C:34-3 and 2C:34-4.
E. 
Enforcement and penalties for violation.
(1) 
Any person violating any provision of this section, upon conviction, is punishable by a fine of not less than $100 and up to, but not exceeding $1,000 where a term of imprisonment not to exceed 90 days, or both.
(2) 
Each day an adult/sexually oriented business is operating in violation of any provision of this chapter shall constitute a separate offense which shall not merge with a violation taking place on a separate day.
(3) 
Each separate film, videocassette or other visual reproduction or each showing of live entertainment, which is displayed to another in violation of Subsection D of this section, is a separate offense under this section.