Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in §
450-14 of this article and for the zoning districts so indicated.
Uses permitted by right or as conditional uses shall be subject,
in addition to use regulations, to such regulations of yard, lot size,
lot width, building area, provisions for off-street parking and loading
and to such other provisions as are specified in other articles hereof.
In particular, the laws of the State of New Jersey and the regulations
of the Salem County Department of Health regarding water supply and
waste disposal shall be adhered to.
Any use existing on the effective date of this chapter which is classified as requiring a conditional use or a special exception in the district in which the land occupied by the use is located and which was lawful at the time the use was established shall be deemed to have been granted a conditional use subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall be subject to the procedures specified in Articles
VIII and
X.
[Added 5-2-2006 by Ord.
No. 2006-10]
A. Declaration and findings of policy; scope.
(1) Whereas sexually oriented businesses are a serious hazard to the
public health, welfare, safety and quality of life; and whereas sexually
oriented businesses have a demonstrable deleterious effect on both
the existing businesses and surrounding residential areas; and whereas
sexually oriented businesses create an atmosphere which is inimical
to the values of this significant segment of the Borough's population;
and whereas sexually oriented businesses, when located in close proximity
to each other, contribute to urban blight and downgrade the quality
of life in the surrounding areas, now, therefore, it is the policy
of the Borough of Penns Grove to regulate sexually oriented businesses,
to protect the public health, welfare and safety and the quality of
life.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(2) This section shall apply to the regulation of sexually oriented businesses
within the limits of the Borough of Penns Grove.
B. Location of sexually oriented businesses.
(1) A person violates this section if he operates or causes to be operated
a sexually oriented business within 3,500 feet of:
(b)
Any school, whether public or private.
(c)
A boundary of a residential zoning district as defined and shown
on the Zoning Map of the Borough of Penns Grove which is included
as a part of this chapter.
(d)
Any other sexually oriented business.
(e)
A public building or park.
(2) Measurements 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 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.
C. Development standards.
(1) Buildings used for sexually oriented businesses shall meet all applicable
safety standards of the Borough of Penns Grove, including but not
limited to adequate fireproofing of walls, floors, and ceilings, adequate
fire escapes and exits and adequate fireproofing of all book and/or
film storage areas.
(2) Parking shall be provided at a ratio of one square foot of parking
for every square foot of building area. Such parking shall be paved,
striped and appropriately marked and otherwise comply with all existing
requirements for off-street parking plan and design standards. In
addition, all parking spaces shall be linked in an internal circulation
system with one access and one egress point to and from the subject's
site. No parking shall be allowed within the buffer area designated
in this section.
(3) All off-site improvements, such as curbs, gutters, sidewalks, drive
approaches, lighting, landscaping and street trees, shall be provided
as required by the Planning Board.
(4) The interior of the bookstore or adult facility shall be adequately
lighted and constructed so that every portion thereof is readily visible
to the clerk or other supervisory personnel from the counter or other
regular stations.
(5) Lobby and entrance areas should be designed so as to minimize obstructions
of sidewalks during operating hours.
(6) Advertisements, displays or other promotional material shall not
be shown or exhibited so as to be visible to the public from pedestrian
sidewalks or walkways or from other areas, public or semipublic, and
such displays shall be considered signs.
(7) No outdoor loudspeakers or sound equipment audible to the exterior
of the structure housing the sexually oriented business shall be used.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(8) All of the above items listed in this subsection shall be evaluated
subject to the following controls:
(a)
Minimum site size. The minimum site size shall be two acres,
with a minimum width of 400 feet.
(b)
Lot coverage. Coverage of the lots by the principal building
shall not exceed 5% of the total site area.
(c)
Building height. Maximum height of the building shall not exceed
2 1/2 stories or 35 feet.
(d)
Buffer area. At a minimum, and except where otherwise noted,
there shall be a buffer area of 100 feet around the entire perimeter
of this site. This area shall be landscaped with a double alternating
row of evergreen trees, six feet in height at time of planting, spaced
eight feet on center. Such trees shall augment natural landscaping.
In the event that natural landscaping is not available around the
site, then additional landscaping shall be provided in the form of
another alternating row of evergreen trees as prescribed herein.
(e)
Building setback. The principal building shall be set back 150
feet from any road or front property line.
(f)
All trash, refuse, articles or any matter to be disposed of
shall be shredded or cut in such a fashion so that the remains shall
not be readable, legible or discernible.
(g)
Construction of all walls and partitions in buildings in which
movies, films or shows of any kind are shown shall be subject to the
following:
[1]
In the construction of all walls and partitions in all rooms
or booths, material of not less than one-hour fire-resistant time
shall be used.
[2]
All aisles in such establishments shall be not less than 50
inches in width.
[Amended 7-5-2017 by Ord.
No. 2017-5]
[3]
The light level in such establishments shall not be less than
10 footcandles at floor level.
[4]
In every room of such establishments, there shall not be fewer
than two lighted exits within the constant and unobstructed view of
the occupants, which exits shall lead directly to the outside of such
building.
(h)
Single use. No building, premises, structure or other facility
that contains any sexually oriented business shall contain any other
kind of sexually oriented business. No building, premises or structure
or other facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any sexually oriented business.
[Amended 7-5-2017 by Ord.
No. 2017-5]
D. Use regulations.
(1) No person under the age of 18 years shall be permitted into any sexually
oriented business premises at any time for any purpose. A sign conspicuously
posted shall give notice of this regulation.
(2) Hours of operation shall be no earlier than 9:00 a.m. nor later than
12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually
oriented businesses shall be closed on Sundays.