Modifications to the requirements of this chapter
are permitted under the terms and specifications herein stated.
A.Â
The height limitations of this chapter shall not apply
to church spires, church belfries and church cupolas nor to chimneys,
ventilators, skylights, water tanks, bulkheads, similar features and
necessary mechanical appurtenances usually carried above the roof
level. Such features, however, shall be erected only to such height
as is necessary to accomplish the purpose they are to serve. The provisions
of this chapter shall not apply to prevent the erection above the
building height limit of a parapet wall or cornice for ornament (and
without windows) extending above such height limit not more than five
feet.
[Amended 10-11-2006 by Ord. No. 51-2006]
B.Â
Public schools, federal, state and municipal buildings,
hospitals and churches may exceed the height limitations of this chapter,
provided that such uses shall increase the front, rear and side yards
1/2 foot for each foot by which such building exceeds the height limit
herein established for such zone in which it is located, and further
provided that in no case shall any building have a height greater
than 50 feet.
C.Â
The height limitations of this chapter shall not apply
to the antenna and any supporting structure of a local communication
facility of greater than 35 feet, provided that the standards set
forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 6-25-1997 by Ord. No. 25-1997]
[1]
Editor's Note: Former § 225-66,
Existing undersized lots, as amended, was repealed 4-24-2002 by Ord.
No. 20-2002.
[Amended 12-13-1976 by Ord. No. 22-1976]
If two or more lots or combinations of lots and portions of lots, other than as specified in § 225-13B, with continuous frontage in single ownership are of record as of the date of adoption of this chapter and if all or part of the lots do not meet the requirements for lot frontage and area as established by this chapter, the lands involved shall be considered to be an undivided parcel, and no portion thereof shall be used or sold which does not meet lot frontage and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with frontage or area below the requirements stated in the Zoning Ordinance.
[Amended 12-8-1982 by Ord. No. 71-1982]
Front and rear yard depths for a single lot
in any residential zone may be reduced by the Zoning Officer, provided
that they conform to the average alignment of the front or rear yard
for buildings in existence and adjacent to the lot, but such reduction
shall be no greater than 1/3 of the required yard depth.
[1]
Editor's Note: Former § 225-69,
Lot size and frontage requirements in residential zones, as amended,
was repealed 11-12-1997 by Ord. No. 49-1997.
A.Â
An industrial park development shall be permitted,
provided that it contains only uses permitted in the M-1 Zoning Districts,
and further provided that it shall have a total area of at least 25
acres.
B.Â
Wherever the proposed use shall be set forth, the
following area, yard and building requirements shall be applied, thus
changing the schedule of the Zoning Ordinance to that extent. No individual
use within said industrial park shall be on a plot of land less than
one acre in size.
[Added 2-24-1993 by Ord. No. 9-1993]
A.Â
An office park shall be permitted, provided that it
contains only those uses permitted in the PO-2 Professional Office
District, and further provided that it shall have a total area of
at least 15 acres.
B.Â
Wherever an office park is proposed, the following area, yard and building requirements shall apply, thus changing § 225-7 to that extent:
(1)Â
Minimum lot size: one acre, with an average
lot size of two acres.
(2)Â
Minimum tract frontage: 200 feet.
(3)Â
Minimum lot width for each lot: 100 feet.
(4)Â
Drives and curb cuts: a maximum of two main
drives for each office park shall be permitted. Only one curb cut
per lot shall be permitted.
(5)Â
Thirty percent of each lot shall be devoted
to landscaping.
(6)Â
Minimum front yard setback: 100 feet from English
Creek Avenue; 50 feet from all other rights-of-way.
(7)Â
Minimum rear yard setback: 100 feet from any
residential zone; 50 feet to any other zone.
(8)Â
Minimum side yard setback: 100 feet from any
residential zone; 25 feet from any other zone.
(9)Â
Minimum parking area setback: 100 feet from
any residential zone; 50 feet from any right-of-way; 25 feet from
any rear or side property line; and 12.5 feet where cross-easements
for parking areas are maintained.
C.Â
Information shall be provided which demonstrates the
construction of facilities sufficient to mitigate the traffic impact
from the proposed development.
[Amended 12-8-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993; 5-11-2011 by Ord. No. 16-2011; 4-11-2012 by Ord. No. 8-2012]
Automobile service stations and gasoline filling
stations, whether allowed as a permitted use or as a conditional use
in a zoning district, shall comply with the following standards and
regulations:
A.Â
Plans shall show the exact location of such public
garage, the number of gasoline tanks to be installed, the dimensions
and capacity of each tank, the depth at which the tanks will be placed
below ground, the number of pumps to be installed, the type of structure
and accessory buildings to be constructed, the number of automobiles
to be garaged and a description of the nature and extent of the proposed
use.
B.Â
No part of any automobile filling station may be used
for residence or sleeping purposes except by a watchman.
C.Â
No part of any building used as an automobile service
station nor filling pumps, car lifts, greasing equipment or other
service equipment used to service or supply motor vehicles shall be
erected within 50 feet of any residential zone boundary line.
D.Â
All lifts and greasing equipment shall be located
within an enclosed building.
E.Â
No automobile service station shall store out of doors
in a side or front yard wrecked, damaged or disassembled (either whole
or in part) vehicles, boats or used automotive or marine parts or
used supplies or materials thereof. Any such storage area located
in a rear yard shall be screened so that no stored vehicle or article
shall be visible from the front of the premises or to any adjacent
premises.
F.Â
Car wash facilities may be permitted as an accessory
use. Site plan approval shall be required for an accessory use for
car wash facilities.
G.Â
Wrecked or junked or stripped vehicles or vehicles
in an inoperative condition shall not be permitted on the premises
for a period of more than 30 days. One customer's motor vehicle may
be kept on the site for sale.
H.Â
Lease or rental of motor vehicles may be permitted
in conjunction with an automobile service station, provided that:
(1)Â
No vehicle storage or parking area shall be nearer
than 10 feet to any lot line.
(2)Â
The side and rear property yards abutting the area
containing such lease or rental vehicles shall be landscaped, fenced
or screened to provide, at the time of installation, an effective
visual barrier to obscure from view at ground level the stored vehicles
from adjoining uses.
(3)Â
The number of vehicles permitted on a lot shall not
interfere with nor impede the daily access to and circulation of the
service operation.
I.Â
Automobile service stations with overhead garage door access to the
structure shall be designed so that the garage door accesses are not
located on the front building façade visible from the principal
highway.
[Added 12-23-1996 by Ord. No. 42-1996]
Motor vehicle towing and storage, whether allowed
as a permitted use or as a conditional use, shall require site plan
approval and shall comply with the following requirements:
A.Â
The site plan shall provide details and show the exact
location, relative to lot lines, of all existing and proposed structures,
fences, signs, light standards, landscaping, parking spaces and the
area to be utilized for the storage of motor vehicles.
B.Â
No vehicle may be dismantled, in whole or in part,
on the premises to be sold.
C.Â
No vehicle repairs or maintenance shall be made to
those vehicles towed onto and stored on the premises.
D.Â
Access driveways.
(1)Â
The minimum distance between any access driveways
and a residence district or parcel used for residential purposes is
50 feet.
(2)Â
The minimum distance from adjoining property
lines is 10 feet.
(3)Â
The minimum distance from minor intersections
is 30 feet. Where intersecting streets are major or minor arterials
as defined in the Master Plan, the minimum distance under this section
shall be 50 feet. This distance shall be measured from the right-of-way
lines of the intersecting streets involved.
(4)Â
The minimum distance between access driveways
located on the subject lot shall be 30 feet.
F.Â
Adequate provisions must be made for protection of
soils and groundwater from contamination or degradation by motor vehicle
fluids.
G.Â
The entire perimeter of the subject site shall be
enclosed with a chain link or opaque fence a minimum of eight feet
in height.
H.Â
The number of off-street parking spaces provided shall
be at least equal to the number of employees on the largest shift.
This required parking shall be in addition to the parking areas needed
for tow trucks and such other vehicles as may be required as part
of the towing and storage operation.
I.Â
Motor vehicle towing and storage shall comply with
all other applicable state, county and municipal codes, ordinances
and regulations.
[Amended 3-28-2001 by Ord. No. 10-2001]
Where permitted, multifamily residential development
shall be a permitted use in the R-5 Apartment Zone, subject to the
regulations set forth hereinafter.
A.Â
Permitted accessory uses. Accessory uses which are
customarily incidental to said use, such as but not limited to the
following, shall be permitted on the same lot:
B.Â
Height, area, yard and density regulations and requirements:
(1)Â
Minimum lot size: five acres for R-5 Apartment Zones;
10 acres for R-4 Zones.
(2)Â
Minimum frontage: 300 feet for R-5 Apartment Zones;
and 500 feet for R-4 Zones.
(3)Â
Minimum front, side and rear yard width: 50 feet.
(4)Â
Maximum density: 12 units per acre in the R-5 Apartment
Zones; and 10 units per acre in the R-4 Zones.
(5)Â
Maximum percent lot coverage: 20%.
(6)Â
The height of the habitable portion of the buildings
should not exceed two stories, and the total height of the building
shall not exceed 2Â 1/2 stories, nor 30 feet in height. No basement
units are permitted.
(7)Â
No dwelling unit shall have a floor area of less than
750 square feet. No two-or-more-bedroom dwelling unit shall have a
floor area of less than 950 square feet.
C.Â
Floor plans of typical units shall be required. Any
room other than kitchen, bathroom, closet or combined living-dining
room shall be counted as a bedroom for purposes hereof.
D.Â
Design standard requirements.
(1)Â
No separate freestanding building shall be closer
than 30 feet to any other building, and, furthermore, each structure
shall be so designed and located on the site that the distance from
at least one window of every room used for human habitation shall
not be less than 50 feet from any window in any other building on
the site.
(2)Â
No more than 16 dwelling units shall be contained
in any one continuous structure, and there shall be no more than four
dwelling units in any unbroken building line. A setback of not less
than four feet shall be deemed a satisfactory break in the building
line, and further provided that the building length shall be limited
to 200 feet.
(3)Â
A planting screen having a minimum width of 10 feet
shall be provided along all interior lot lines. This screen shall
consist primarily of evergreen trees so as to provide visual obstruction.
Planting material shall be at least five feet high at time of planting,
and it shall be the responsibility of the owner to carry out this
program and to promote such maintenance and care as is required to
obtain the effect intended by the original plan.
(4)Â
Each dwelling unit shall have two doorways for entrance
and exit from the outside of the structure to the unit itself.
E.Â
Off-street parking requirements.
(1)Â
No on-street parking shall be permitted on any street,
road, thoroughfare, accessway or driveway, whether public or private.
(2)Â
Each parking area shall contain no more than 50 vehicle
spaces and shall be adequately lighted either with wall-mounted or
post-mounted ornamental fixtures.
(3)Â
No off-street parking spaces, including garages, shall
be located closer than seven feet to the principal building, and no
principal building shall have off-street parking areas located on
all sides of the building.
(4)Â
No off-street parking area shall be located closer
than 10 feet to a side or rear property line.
F.Â
Recreational requirements. The following recreational
requirements shall be met and developed with facilities suitable to
serve the residents of the dwelling units. Said facilities shall be
located so as not be detrimental to adjacent property owners by virtue
of noise, light, glare and any other objectionable features emanating
therefrom.
G.Â
Other planning requirements. All projects shall be
serviced by public water and sewer utilities.
[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 11-9-1983 by Ord. No. 35-1983; 7-26-2000 by Ord. No. 31-2000]
A.Â
It has been determined that there is a need for housing
projects located and designed to meet the special needs and habits
of older people, to be known as "planned adult communities (PAC)."
B.Â
Occupancy and housing standards.
(1)Â
For the purposes of this section, an "adult household"
shall be deemed to mean a single individual, married couple or persons
living together who are 55 years or older as specified by federal
law at the time of occupancy.
(2)Â
Persons under the age of 55 may reside in a dwelling
unit with an adult person(s) if the presence of such person is essential
to the physical care, economic support or is a relative of the adult
person(s) head of household, except that no such person(s) shall be
less than 18 years of age.
(3)Â
Dwelling units shall be arranged as separate detached
dwelling units and should consist of complete living accommodations,
including cooking facilities.
C.Â
Conditional use requirements. The planned adult communities
shall be permitted as a conditional use in the RG-2 through RG-5 Zones
of the Township subject to the following conditions:
[Amended 3-24-2004 by Ord. No. 14-2004]
(1)Â
Minimum tract size shall be 50 acres.
(2)Â
Minimum road frontage for the tract shall be 250 feet.
(3)Â
A buffer with a minimum width of 20 feet to a maximum
width of 50 feet must be provided around the perimeter of the tract.
(4)Â
The minimum lot area shall be 5,500 square feet for
interior lots and 7,000 square feet for corner lots.
(5)Â
The minimum lot width shall be 50 feet for interior
lots and 65 feet for corner lots. All lots shall also be a minimum
of 50 feet wide when measured at a distance of 80 feet from the front
property line.
(6)Â
The minimum lot depth shall be 110 feet.
(7)Â
The setback requirements shall be 20 feet for the
front yard, 20 feet for the rear yard and five feet for the side yard.
(8)Â
The maximum building coverage shall be 40%.
(9)Â
The maximum impervious coverage for the entire tract
shall be 60%.
(10)Â
The maximum building height shall be 30 feet.
D.Â
Density, open space and recreation requirements.
(1)Â
The minimum required open space shall be at least
20% of the net acreage of the site after the subtraction of all designated
wetland, buffer areas or areas to be utilized for stormwater management.
(2)Â
Recreational facilities such as swimming pools, tennis courts, jogging paths, lawn areas, etc., shall be provided as part of the open space to meet the needs of the residents. A clubhouse shall be constructed with a minimum square footage of 15 square feet per home in the development with a minimum size of 3,000 square feet. The Planning Board may elect to receive an in-lieu recreation fee in accordance with § 94-28 of the Design and Performance Standards based on the requirements of § 94-28 and values agreed upon between the applicant and Planning Board Engineer.
(3)Â
The maximum number of units permitted for the adult community in the RG-1, RG-2, RG-3, RG-4 and RG-5 Zones shall be equal to the number of base units permitted for the tract pursuant to the zoning in effect at the time of decision. Additional units may be included through the purchase of Pinelands development credits in accordance with the requirements of § 225-44E, 225-45E, 225-47E or 225-49E for the relevant district.
[Amended 12-26-2001 by Ord. No. 49-2001; 11-13-2002 by Ord. No. 67-2002; 11-13-2002 by Ord. No. 68-2002; 6-9-2004 by Ord. No. 30-2004]
E.Â
Additional requirements.
(1)Â
No accessory buildings shall be permitted on the single-family
lots. All patios and decks must adhere to the five-foot side yard
setback and a ten-foot rear yard setback.
(2)Â
Fencing within the development shall be deed restricted
so as to be consistent in size, materials and color.
(4)Â
All projects must be served by public sewer and water
facilities.
(5)Â
There shall be a minimum of two access drives serving
the proposed PAC that are separated by a minimum 250 feet. The internal
access roads shall connect with only secondary arterial, major collector
or minor collector streets as designated in the adopted Township Master
Plan.[1]
[1]
Editor's Note: Original Section 1111, Special
exception filing and administration procedures, which previously followed
this section, was repealed 12-8-1982 by Ord. No. 71-1982. It was also
repealed 11-9-1983 by Ord. No. 31-1983.
[Added 11-25-1987 by Ord. No. 55-1987]
A.Â
Declaration and findings of policy; scope.
(1)Â
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
Township'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 area,
now, therefore, it is the policy of the Township of Egg Harbor to
regulate sexually oriented businesses, to protect the public health,
welfare and safety and the quality of life.
(2)Â
This section shall apply to the regulation of sexually
oriented businesses within the limits of the Township of Egg Harbor.
B.Â
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)Â
(2)Â
ADULT CABARET
(1)Â
(2)Â
(3)Â
ADULT MOTEL
(1)Â
(2)Â
(3)Â
ADULT MOTION-PICTURE THEATER
ADULT THEATER
COMMERCIAL DISPLAY
NUDITY or A STATE OF NUDITY
OBSCENE MATERIALS
PERSON
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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
five or fewer persons 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.
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:
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, video cassettes or
video productions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and which:
Provides patrons with closed circuit television
transmissions, films, motion pictures, video cassettes, 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 this adult type of photographic reproductions;
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
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.
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.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
The definition of obscene materials set forth in P.L. 1978,
c. 95, as amended by P.L. 1982, c. 211, Section 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 or 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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater or adult theater.
Includes any of the following:
C.Â
Location of sexually oriented businesses.
(1)Â
A person violates this section if he operates or causes
to be operated a sexually oriented business within 1,000 feet of:
(2)Â
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.
D.Â
Development standards.
(1)Â
Buildings used for sexually oriented businesses shall
meet all applicable safety standards of the Township of Egg Harbor,
including but not limited to adequate fireproofing of walls, floors,
ceilings, adequate fire escapes and exits and adequate fireproofing
of all book storage areas.
(2)Â
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 complying
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)Â
All off-site improvements, such as curbs, gutters,
sidewalks, drive approaches and street trees shall be provided as
required by the Planning Board.
(4)Â
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)Â
Lobby and entrance areas should be designed so as
to minimize obstruction of sidewalks during operating hours.
(6)Â
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)Â
No loudspeakers or sound equipment shall be used for
adult bookstores, adult motion-picture theaters or adult mini-motion-picture
theaters, as defined herein and shall be evaluated subject to the
following controls:
(a)Â
Minimum site size. The minimum site size shall
be two acres, with a minimum width of 400 feet.
(b)Â
Lot coverage. Coverage of the lots by the principal
building shall not exceed 5% of the total site area.
(c)Â
Building height. Maximum height of the building
shall not exceed 2Â 1/2 stories or 35 feet.
(d)Â
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)Â
Building setback. The principal building shall
be set back 150 feet from any road or front property line.
(f)Â
Signs. The sign identifying the subject property
shall be limited to 10 square feet and shall be wall-mounted upon
the principal building. The sign shall be limited to lettering indicating
the name and address of the facility only.
[1]Â
The sign shall be applied flat against the wall
and shall not project beyond the side or top of the wall to which
it is affixed, nor shall such signs project more than 14 inches from
the front wall. All flashing, moving, intermittently moving and illuminated
signs, reflecting signs or luminous signs and/or advertising devices
shall be prohibited. However, backlighting of the principal sign may
be permitted.
[2]Â
No temporary signs made of paper, cardboard,
canvas or other similar material, banners, etc., are permitted.
[3]Â
No signs or billboards shall be placed on the
roof of any buildings.
(g)Â
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.
(h)Â
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]Â
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]Â
All aisles in such establishment shall be less
than 50 inches in width.
[3]Â
The light level in such establishments shall
not be less than 10 footcandles at floor level.
[4]Â
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.
(i)Â
Single use. No building, premises, structure
or other facility that contains any adult establishment shall contain
any other kind of adult establishment. No building, premises or structure
or other facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any adult establishment.
E.Â
Use regulations.
(1)Â
No person under the age of 18 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)Â
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.
(3)Â
No smoking is permitted in any sexually oriented business.
No consumption of alcoholic beverages is permitted at any time in
any sexually oriented business.
F.Â
Enforcement.
(1)Â
Any person violating any provision of this section,
upon conviction, is punishable by a fine not to exceed $1,000 or a
term of imprisonment not to exceed 90 days, or both. In no event shall
any person violating this section, upon conviction, receive a fine
below the amount of $100.
(2)Â
Each day a sexually oriented business is operating
in violation of any provision of this section shall be deemed a separate
offense under this section.
[Added 3-13-1991 by Ord. No. 10-1991; amended 6-8-1994 by Ord. No. 25-1994]
Fraternal organizations are permitted as a conditional
use in all nonresidential zones, provided that the following conditions
are satisfied:
A.Â
The minimum lot size shall be two acres with a minimum
frontage of 150 feet on an improved public street.
B.Â
The design of any building must conform to the general
character of the area and not adversely affect the safe, comfortable
enjoyment of property rights in the zone in which it is located.
C.Â
A minimum buffer area of 15 feet designed to the satisfaction
of the Township Planner shall be provided along all side and rear
lot lines.
D.Â
The amount of off-street parking shall be provided
as determined by the Planning Board during site plan review.
E.Â
The location of access driveways, landscaping and
site plan design must be compatible with the neighborhood in which
it is to be located.
F.Â
No parking or loading area shall be located closer
than 20 feet of a lot which is either zoned or used for residential
purposes.
G.Â
The setback for all buildings shall be as specified
for the particular zone within which the building is located.
H.Â
Undue traffic congestion on streets providing access
to the project shall not be permitted.