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Woodland Park City Zoning Code

§ 22-24.17

Adult Entertainment.

a. 
Adult entertainment uses, limited to adult bookstores, adult motion picture theaters, adult entertainment cabarets, peep shows and massage parlors as defined in § 22-3, which conform to the following standards:
1. 
One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.
2. 
The premises must front directly on and derive access to a state or federal highway and be located in the RGC Zone.
[Amended 9-4-2019 by Ord. No. 19-10]
3. 
No more than one adult entertainment use shall be located on any lot or upon any commercial property, including, but not limited to, shopping malls and strip shopping centers.
4. 
No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes.
5. 
No residential use shall be established in a building of which any part is used as an adult entertainment use.
6. 
No adult entertainment use shall be established closer than 500 feet to any lot line of any other adult entertainment use.
7. 
No adult entertainment use shall be established closer than 750 feet to the lot line of any residential district, which shall include any zoning district that permits residential use.
8. 
No adult entertainment use shall be established closer than 750 feet to the lot line of any house of worship, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, nursing home, senior citizen residence, counseling or treatment facility or public park, playground, playing field or ballfield, youth center or location where children traditionally congregate.
9. 
Only one sign shall be permitted visible from the exterior of a building which is occupied by an adult entertainment use business, and such sign shall be no larger than six square feet, nor shall the sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representations whatsoever thereon. All such signs shall be in compliance in all other respects with the existing regulations of the Borough of Woodland Park.
10. 
All openings, entries, windows, doors, etc., to an adult entertainment use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.
11. 
The establishment of an adult entertainment use business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses defined herein, whether such conversion be for a permanent or temporary use.
12. 
In addition to the foregoing requirements the adult entertainment use shall conform to all of the regulations of the Borough, including, but not limited to, district lot and bulk regulations, parking regulations and signage requirements of the Regional Commercial District.
13. 
Nothing contained herein shall permit obscene materials as same are defined in N.J.S.A. 2C:34-2.
14. 
Measurement of distances. For purposes of this subsection, 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 part of the premises for an adult entertainment use business to the nearest property line of land upon which is situated a school, church, park, playing field, library or other recreational facility where numbers of minors regularly congregate or to the nearest dividing line which establishes the boundary between the Regional Commercial District and the Residential District.
15. 
No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use, including, but not limited to, an adult bookstore, adult motion-picture theater, adult entertainment cabaret, peep show, and massage parlor, unless all the requirements set forth in this subsection above are met. In no event shall such a business be operated, constructed or established in a zoning district other than Regional Commercial District.
16. 
All adult entertainment use businesses as herein defined shall be operated only between the hours of 11:00 a.m. and 12:00 midnight. However, if the business is licensed to sell or dispense alcoholic beverages, it shall comply with all Borough regulations regarding hours of operation.
17. 
No one under the age of 18 shall be permitted to enter any adult use business as herein defined.
18. 
Penalties for offenses. Any person, firm or corporation violating any of the provisions of this subsection shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 30 days or both. Each day the offense is continued shall constitute a separate and distinct violation hereunder. The penalty imposed herein shall be in addition to and not preclude any rights conferred upon the Borough of Woodland Park by Title 2C of the New Jersey Statutes and any statutes, rules or regulations promulgated by the Alcoholic Beverage Commission, as from time to time may be respectively amended.
19. 
Notwithstanding the discretion conferred by this subsection, no use specifically prohibited or uses similar thereto shall be construed as permitted.