Loading...
ORDINANCE 2005-13 (2)• ORDINANCE 2005 -13 ORDINANCE AMENDING ORDINANCE 76 -71 ENTITLED "THE CHERRY HILL TOWNSHIP ZONING ORDINANCE OF 1977" ARTICLE XXI RESTRICTED INDUSTRIAL ZONE I -R SECTION 2102.7.3. 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 in regard to the recently adopted adult use ordinance that requires clarification. 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. ARTICLE XXI RESTRICTED INDUSTRIAL ZONE I -R shall be amended to read as follows. SECTION 2102.7.3. (amended) 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. For the purposes of this section only, institutional uses shall not include limited access highways, such as I -295 and the New Jersey Turnpike, or railways. • 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. 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 Any and all ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed to the extent of any such inconsistencies.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: APRIL 25, 2005 ADOPTED: BERNARD A. PLATT • MAYOR ATTEST: COUNCIL PRESIDENT NANCY L. SAFFOS, RMC TOWNSHIP CLERK • 2