Somerdale City Zoning Code
ARTICLE XXIX
Regulated Uses
§ 162-197 Policy statement.
In the development and execution of this Part 4, 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.
§ 162-198 Definitions.
As used in this article, 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 matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas or an establishment with a segment or section of the premises devoted to the sale, rental or display of such material.
An enclosed building or any part thereof or any area used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
An enclosed building or any part thereof or any area used for presenting a live show, demonstration or activity distinguished or characterized by an emphasis on matters revealing or relating to specified anatomical areas, sexual conduct or specified sexual activities for observation by patrons therein.
An establishment which has as a portion of its stock-in-trade, any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
A film or films, continuous slides or pictures of any nature in which any person is shown, depicted or revealed in any act of sexual or sadomasochistic activity.
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, whether all the activities or conduct described above are real or simulated.
§ 162-199 Designation of regulated uses.
Adult bookstores, adult motion-picture theaters, adult theaters, poolrooms, billiard parlors, coin-operated amusement centers and drug paraphernalia stores are hereby deemed to be regulated uses.
§ 162-200 Restrictions.
§ 162-201 Location.
Regulated uses may be located within an industrial-zoned area as long as they do not violate § 162-200.
§ 162-202 Violations and penalties.
A.
Any person, firm or corporation or other party violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in § 162-210.
B.
Each and every violation and nonconformance of this article or each day that any provisions of this article shall have been violated shall be construed as a separate and distinct violation thereof.