[Adopted 4-14-1998 by Ord. No. 98-14]
For the purposes of this article, the following
terms are defined to mean:
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
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 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 which regularly shows film,
motion pictures, video cassettes, slides or other photographic representations
which depict a specified sexual activity or specified anatomical area.
A.
No person shall operate, own, lease, store, possess
or maintain a sexually oriented business within 1,000 feet of any
existing sexually oriented business, or any church, synagogue, temple
or other place of public worship, or any nursery, elementary or secondary
school, other public/private school, day-care center or any school
bus stop, or any municipal or county playground or place of public
resort or recreation, library, hospital or clinic, nursery home or
within 1,000 feet of any area zoned for residential use. This provision
shall not apply to a sexually oriented business already lawfully operating
on September 15, 1995, where another sexually oriented business, a
nursery, elementary or secondary school, other public/private school,
day-care center or school bus stop, or any municipal or county playground
or place of public resort and recreation, library, hospital or clinic
or nursery home is subsequently established within 1,000 feet, or
a residential district or residential lot is subsequently established
within 1,000 feet.
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. All persons operating and/or owning a sexually
oriented business shall be bound by all other provisions of the Paramus
Borough Code regarding perimeter buffer standards. This provision
shall not apply to a sexually oriented business already lawfully operating
on September 15, 1995.
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 than 36 square feet in size.
D.
It shall be unlawful for any person to own, possess,
use, operate or maintain any sexually oriented business unless and
until the owner of such sexually oriented business can provide a minimum
of 1 1/2 off-street parking spaces per 200 square feet of business
space. Each such parking space shall be located on the same lot as
the sexually oriented business is located. Each such off-street parking
space shall fully conform to every Borough law, ordinance, rule, order
or regulation controlling or providing for the same and shall be in
addition to and separate from all other off-street parking which may
be required by any such law, ordinance, rule, order or regulation.
E.
Any person violating the provisions of this article
shall be subject to the penalties established by state law or Borough
code.
