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South Toms River City Zoning Code

§ 26-18.3

Location of Sexually-Oriented Businesses.

[Ord. No. 5-92 § 3; Ord. No. 4-99 § 2]
a. 
It shall be a violation of this section if a person operates or causes to be operated, or allows to be operated, a sexually oriented business:
1. 
Within 1/4 mile of a place of worship;
2. 
Within 1/4 mile of any school, whether public or private, or within 1/4 mile of any school bus stop;
3. 
Within 1/4 mile of a boundary of a growth area, village or rural development, district or zone;
4. 
Within 1/4 mile of any other sexually-oriented business;
5. 
Within 1/4 mile of any residential use or zone;
6. 
Within 1/4 mile of any public park or playground.
b. 
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 or a lot devoted to residential use or a school bus stop.
c. 
A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of sexually-oriented business, of a place of worship, school, public area, residential district, or residential lot within 1/4 mile of the sexually-oriented business.
d. 
The sexually-oriented business shall conform with design standards and development requirements established through the ordinances of the Borough of South Toms River. Sexually-oriented businesses will be limited to 500 square feet in any one location. Existing businesses will not be permitted to expand beyond the 500 square foot limitation without being considered an application for a new, separate, and distinct business operation.