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ORDINANCE 2004-18ORDINANCE 2004 -18 • AN ORDINANCE OF THE TOWNSHIP OF CHERRY HILL, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING ORDINANCE 76 -71 "THE CHERRY HILL TOWNSHIP ZONING ORDINANCE OF 1977 ", TO REGULATE SEXUALLY - ORIENTED BUSINESSES WITHIN THE TOWNSHIP OF CHERRY HILL BE IT ORDAINED AND ENACTED by the Township Council of the Township of Cherry Hill, County of Camden and State of New Jersey as follows: SECTION 1. LEGISLATIVE FINDINGS AND DETERMINATIONS. 1. An issue has recently arisen as to whether the operation of sexually - oriented businesses are consistent with the Township's Master Plan. The Township finds that such activities do not advance the Township's legislative goals and purposes. 2. In this regard the Township of Cherry Hill adopts certain findings of the New Jersey State Legislature regarding the secondary effects of sexually- oriented businesses, and desires to establish regulations to ameliorate those secondary effects. Among the secondary effects created. • by such activities, the municipality identifies the follows: A. Adult establishments contribute to crime and litter in surrounding areas; B. Noise, excessive parking, and the presence of discarded sexually- oriented material on residential properties and adjoining commercial properties has a deleterious effect upon the peace and quiet of surrounding neighborhoods; C. That reasonable hours of operation advance the local interest in ameliorating the secondary effects of late night litter and parking related to adult book stores and sexually- oriented businesses; D. That sexually- oriented businesses often involve private conversation booths, private screening rooms, or other areas allowing for privacy between, e.g., dancers and patrons which facilitates sexual activity, thereby increasing the prospects of the spread of sexually transmitted diseases. 0 • E. That new businesses seeking to relocate to Cherry Hill Township, would be discouraged from relocating in an area adjacent to, or within reasonable proximity of, sexually- oriented businesses, thereby; 3. Moreover, in the B -2 commercial district along Route 70, a proprietor seeks permit approval for such a sexually oriented business. 4. While the governing body of the Township of Cherry Hill neither approves nor condones of such activities, the law considers such activities to be protected by the First Amendment, and this ordinance reflects a balancing of the governmental interests implicated by regulating such activity, and the First Amendment rights of the operators of such activities. SECTION 2. LEGISLATIVE AUTHORITY. This ordinance is enacted pursuant to the authority vested in the municipality under N.J.S.A. 2C:33- 12.2(c), which specifically allows a municipality, by ordinance, to establish restrictions on the hours of operation of sexually- oriented businesses; and N.J.S.A. 2C:34 -2, which allows a municipality to adopt, as part of its • zoning ordinances, an ordinance such as the one herein. SECTION 3. DEFINITION. The term "sexually- oriented business" as described herein shall be defined as set forth at N.J.S.A. 2C:33 -12.2 and N.J.S.A. 2C:34 -6. SECTION 4. SEXUALLY - ORIENTED BUSINESSES AS CONDITIONAL USES IN I -R ZONING DISTRICT. A. Except as otherwise provided herein, sexually operated businesses shall not be permitted in any zone or district within the Township of Cherry Hill. B. The operation of sexually- oriented businesses shall be permitted, as conditional uses only, in the I -R General Industry District. Accordingly, Section 2102.7. of the Code of the Township of Cherry Hill is hereby amended to establish the following conditions which must be met in order for a sexually- oriented business to operate in that districts: is • 7. Conditional Uses. 1. The business shall be situated upon property which has the following area and yard requirements: 1. Lot size: 1/2 acre 2. Lot width: 150 feet 3. Front yard setback: 50 feet 4. Front buffer: 25 feet 5. Side buffer: 25 feet 6. Rear buffer: 25 feet 7. Lot depth 120 feet 2. The 25 foot front, side and rear buffer requirements set forth above shall be in conformance with the provisions of N.J.S.A. 2C:34 -7(b), and shall include both plantings acceptable to the Township Planning Board and in compliance with the buffer provisions of ARTICLE XXV; and fencing as required by the Planning Board pursuant to the • provisions of Section 512. 3. No sexually- oriented business shall be operated within 1,000 feet of any existing sexually- oriented business; or of any church, synagogue, temple or other place of public worship; or of any elementary or secondary school, child care center, nursery, or other institution or educational use; or of any municipal or county playground or place of public resort and recreation, or public community center, park, or similar use; or of any other religious, institutional, municipal, or educational use; nor within 500 feet of any school bus stop. 4. The maximum distance between any access driveway and any adjoining property line shall be 30 feet. 5. The maximum width of curb cuts for access driveways shall be 20 feet, except a combined entrance and exit shall total 40 feet. 6. Parking requirements shall be generally governed by the provisions of ARTICLE XXIV except that: there shall be one parking space for each three seats, with a • 3 • minimum number of parking spaces for not less than 10 cars. No materials sold or displayed within the establishment shall be visible from any window or door, or within public view. 7. All trash, refuse, debris, or any matter to be disposed of shall be shredded, cut or rendered in such a fashion so that the remains shall not be readable, legible or discernable; and each establishment shall provide an appropriate trash enclosure area, with fencing around same, to eliminate the spread of unwanted literature onto adjoining properties. 8. No sexually- oriented business shall display more than two signs, visible from the exterior; and of those signs, they shall consist of one identification sign, and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size. The word "sign" shall also include the interior of any business premises which can be viewed from the exterior; and shall include interior store displays, even if placed behind front windows, where same can be viewed from the exterior. 9. No sexually- oriented business shall be permitted to include within its • commercial building, structure, premises, or portion, or part thereof, any partition between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition; and any booths, stalls or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, or live entertainment, having doors, curtains or portal partitions, shall be permitted, unless such booths, stalls, partitioned portions of a room or individual room so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. 10. A sexually- oriented business governed by the provisions of this ordinance shall not be open for business any earlier than 9:00 a.m., or any later than 11:00 p.m., Mondays through Saturdays; and shall be closed on Sundays and legal holidays. • SECTION 5. That ARTICLE XXVIII Section 2805A CONDITIONAL USE APPROVAL is hereby added as follows: 1. Conditional Use Approval Procedures shall be the same as Section 2804 Preliminary Site Plan Approval and Section 2805 Final Site Plan Approval. SECTION 6. VIOLATIONS AND PENALTIES. A. For a violation of any provision of this Article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000.00, or imprisonment in the County Jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just. B. Separate Violations. Each and every day in which a violation of any provision of this Article exists shall constitute a separate violation; and each and every violation is of this ordinance, which can be deemed severable from any other violation, shall be deemed a separate violation. C. Minimum Penalty. There shall be a minimum penalty of a fine fixed in the amount of not less than $100.00. SEC'T'ION 7. PROHIBITED USES. That Section 511.5. is amended as follows: 5. Reserved. SECTION 8. REPEALER/SEVERABILITY /EFFECTIVE DATE. A. REPEALER. In the event that any clause, section, or paragraph of this ordinance is deemed to be invalid for any reason, then it is hereby declared to be the intent of the governing body that the balance of the ordinance shall remain in full force and effect, the governing body hereby declaring that it would have adopted the remainder of the ordinance even without the offending provision. • 5 • B. SEVERABILITY. Any and all ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed to the extent of any such inconsistencies. C. EFFECTIVE DATE. This ordinance shall become effective upon proper passage in accordance with the law. INTRODUCED: OCTOBER 25, 2004 ADOPTED: NOVEMBER 8, 2004 BERNARD A. PLATT MAYOR COUNC,[L PRESIDENT • ATTEST: i NANCY L. FFOS, RM TOWNSHIP CLERK •