Clementon City Zoning Code
ARTICLE XIX
Regulated Uses
§ 298-69 Statement of policy.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under circumstances having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
§ 298-70 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to special sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, for observation by patrons therein.
Film or films in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
Any description, narrative account, display, or depiction of sexual activity or anatomical area contained in or consisting of a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details:
[Added 11-23-1999 by Ord. No. 99-13]
Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibitions of the genitals;
Lacks serious literary, artistic, political, or scientific value, when taken as a whole; and
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
[Added 11-23-1999 by Ord. No. 99-13]
Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
[Added 11-23-1999 by Ord. No. 99-13]
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe obscene material, a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time; and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; or
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or dancing in an obscene or lewd manner, or which regularly shows films, motion pictures, video cassettes, slides, obscene material, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
§ 298-71 Regulated uses identified.
[Amended 12-20-1982 by Ord. No. 82-12; 11-23-1999 by Ord. No. 99-13]
Sexually oriented businesses, obscene material, amusement device arcades, adult book stores, adult motion-picture theaters, live dance performances in an obscene or lewd manner, dance halls, poolrooms, billiard parlors, massage parlors, and bowling alleys are hereby deemed to be regulated uses.
§ 298-72 Location restrictions.
[Amended 12-20-1982 by Ord. No. 82-12; 11-23-1999 by Ord. No. 99-13]
A.
No person shall operate a regulated use within 1,000 feet of any existing regulated use, or any church, synagogue, temple, or other place of public worship, or any elementary or secondary school, or any school bus stop, or any municipal or county playground or place of public resort and recreation, or within 1,000 feet of any area zoned for residential use.
B.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this subsection.
C.
No sexually oriented business shall display more than two exterior signs consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more that 40 square feet in size.
§ 298-73 Violations and penalties.
Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the judge before whom such conviction shall be entered. Each and every violation and nonconformance to this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.