Livingston City Zoning Code
ARTICLE XVIII
Sexually Oriented Businesses
§ 170-143 Definitions.
For the purposes of this article, the terms used for the new article shall be defined as follows:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devises are maintained to show images to one person per machine at any one time and where the images displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which has as its principal business, conspicuously 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 and videocassette or video reproductions, 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 other commercial establishment, whether or not same is licensed to sell alcoholic beverages for on-premises consumption, 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 sexual conduct or by specified sexual activities; or
Films, motion pictures, videocassettes, compact disks, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities, sexual conduct 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, videocassettes, slides or other photograph reproductions which are characterized by the depiction or description of specified sexual activities or specific anatomical areas and has a sign visible from a public right-of-way which advertises availability of this type of photographic reproduction;
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, videocassette, slides or similar photographic reproductions are regularly shown characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-pictures theaters shall meet the seating requirements established for adult theaters.
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. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
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 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 and 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:
§ 170-144 Location.
A.
Sexually oriented businesses shall only be located within CI Commercial Industrial District in accordance with the provisions set forth within § 170-118 of the Code of the Township of Livingston.
B.
It shall be a violation of this article if a person operates or causes to operate or allows to be operated a sexually oriented business:
(1)
Within 1,000 feet of a place of worship.
(2)
Within 1,000 feet of a school, whether public or private, or within 1,000 feet of any school bus stop.
(3)
Within 1,000 feet of any sexually oriented business.
(4)
Within 1,000 feet of any residential use or zone.
(5)
Within 1,000 feet of any public park or playground.
C.
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 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 park or playground, a lot devoted to residential use or a school bus stop.
D.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential low within 1,000 feet of the sexually oriented business.
E.
Sexually oriented businesses shall conform to design standards and development requirements established through the ordinances of the Township of Livingston.
F.
No person under the age of 18 years shall be permitted on the premises of a sexually oriented business for any purpose.
G.
No display visible from the exterior of the sexually oriented business shall contain material of a sexually oriented nature.
§ 170-145 Perimeter buffer requirement.
Sexually oriented businesses located in the Township of Livingston shall be surrounded by a perimeter buffer of at least 50 feet in width of 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.
§ 170-146 Violations and penalties.
A.
Any person violating any provision of this article, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined at the discretion of the Municipal Court Judge. In no event shall any person violating this article, upon conviction, receive a final fine below the amount of $100.