A. 
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B. 
Accessory buildings not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Building Inspector shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C. 
Distance between adjacent buildings. The minimum distance between buildings on the same lot shall be 20 feet.
D. 
Height and area of accessory buildings. An accessory building shall not exceed one story or 15 feet in height and may not occupy more than 25% of the yard in which it is located or a maximum of 900 square feet, whichever is smaller.
E. 
Location. An accessory building may be erected on any part of the lot and have a setback of three feet from the side yard and three feet from the rear yard. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and if erected in the front yard, it shall comply with the front yard requirements for a principal building.
[Amended 1-5-1982 by Ord. No. 445]
Garden apartments, where permitted, shall adhere to the following provisions in addition to the district regulation of § 525-14 and shall receive site plan review and approval.
A. 
The overall density shall not exceed 10 dwelling units per acre of land.
[Amended 4-3-1979 by Ord. No. 400]
B. 
Each dwelling unit in a garden apartment shall have two separate means of egress to the ground, except that any window sill which is 12 feet or less above the ground level below it shall be considered a separate means of egress.
C. 
Each apartment complex shall have a compatible architectural theme with variations in design to provide attractiveness to the apartment development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, doors, shutters, porches, colors and vertical or horizontal orientation of the facades.
D. 
Measuring horizontally from the perimeter of the units, the distance between structures shall be the sum of the two abutting yards, but in no event shall a structure be closer at any point than the sum of two side yards.
E. 
The minimum gross floor area for dwelling units shall be:
(1) 
Efficiency units, 500 square feet.
(2) 
One-bedroom units, 700 square feet.
(3) 
Two-bedroom units, 900 square feet.
(4) 
Three-bedroom units, 1,250 square feet.
F. 
All garden apartment projects in excess of 12 dwelling units shall provide a minimum of 15% of the total site area for usable recreation space which shall be reviewed and approved as part of the site plan approval and shall be improved as approved on the site plan prior to the issuance of any certificates of occupancy. Such recreation areas shall not be less than 2,000 square feet or 50 feet wide or have a grade in excess of 5%.
G. 
The total area devoted to parking shall not exceed 40% of the total land area of the site. All parking facilities shall be on the same site as the building and within 200 feet of the nearest entrance of the building they are intended to serve.
H. 
The arrangement of buildings shall be such that when viewed perpendicular to any side, the overall length of any structure or attached group of structures shall be no more than 200 feet.
I. 
Each garden apartment building shall provide concrete or cinder block fire walls between every dwelling unit; which fire wall shall extend to the roof sheathing with a solid ridge line.
J. 
No garden apartment shall have more than two stories nor be more than 35 feet in height. The first story shall have a floor level at least two feet above the grade line at the foundation.
K. 
Garden apartments shall contain no less than six nor more than 10 dwelling units per structure. Structures shall be designed to enhance their adaptability into the low density residential character of the Borough.
L. 
All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
Within any residential district, no building shall be constructed or altered in a manner so that its exterior design and appearance is not compatible and harmonious with a normal exterior residential appearance.
Nothing in the chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days after the enactment of this chapter and shall be diligently pursued to completion, otherwise said permit shall be void.
Except as specified in § 525-25, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
[Amended 8-7-1973]
A. 
Types of fences restricted. No person shall erect or maintain a fence within the Borough of Mount Ephraim in excess of the following heights and limitations without first obtaining approval from the Borough Joint Land Use Board.
B. 
Height limitations.
[Amended 9-2-1980 by Ord. No. 430; 6-4-2009 by Ord. No. 13-09; 10-7-2021 by Ord. No. 2021-16]
(1) 
No fence for which a permit is required under this chapter shall be more than six feet in height along the rear property line, or along the side property line between the rear property line and the rear of the principal building on the property, or any yard area between the rear property line and the rear of the principal building on the property. Such fence shall not extend past the rear boundary line of any piece of rear property. Such fence shall be subject to the requirements of Subsections C through I of this section.
(2) 
No fence for which a permit is required under this chapter shall be more than four feet in height along the side property line between the front property line and the rear of the principal building on the property. Such fence shall not extend past the side boundary line of any piece of real property. Such fence shall be subject to the requirements of Subsections C through I of this section.
(3) 
Except for fences along the side property line which are subject to Subsection B(2) above, no fence for which a permit is required under this chapter shall be more than three feet in height within the front yard setback of any real property. Such fence shall not extend past the front boundary line of any piece of real property. Such fence shall be subject to the requirements of Subsections C through I of this section.
(4) 
See the definition of "lots, corner" in § 525-6 to identify the yards on corner lots. Notwithstanding the requirements of Subsection B(1), (2) and (3) above, the following requirements shall apply to corner lots:
(a) 
A fence in the primary front yard shall meet the requirements of Subsection B(3) above.
(b) 
A fence along the side property line shall meet the requirements of Subsection B(1) and (2) above.
(c) 
A fence in the secondary front yard shall meet the requirements of Subsection B(3) above, except that a fence in the secondary front yard between the rear property line and the rear of the principal building may be up to six feet in height if it is offset at least 10 feet from the secondary front property line.
(d) 
A fence along the rear property line shall meet the requirements of Subsection B(1) above, except that it may not exceed four feet in height between the secondary front property line and a ten-foot offset from the secondary property line.
(e) 
Such fences on corner lots shall be subject to the requirements of Subsections C through I of this section.
C. 
Hedge fences. Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than two feet to any sidewalk or any prospective sidewalk.
D. 
Certain types prohibited. A fence, wall or similar structure, as well as shrubbery, unduly shutting off light or air or which may cause a nuisance, a fire hazard or a dangerous condition is prohibited.
E. 
Location. No fence shall be placed nearer than six inches from any property line.
F. 
Use of barbed wire. No barbed wire shall be used without first obtaining the written permission of the Borough Building Inspector.
G. 
Obstruction of intersections.
(1) 
In any district on a corner lot nothing shall be constructed, planted and maintained higher than two feet above the horizontal plane of the top of the curbline of the intersecting roads in the triangular area bounded by the following three lines: the front lot line, the side lot line and a line connecting these two lines at a point 20 feet from the intersection of the front and side lot lines.
(2) 
In addition to the foregoing, the Borough Building Inspector shall have the authority to direct the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property wherever the same shall interfere with adequate visibility at street intersections or curves for operators of motor vehicles. Any person who shall refuse or neglect to comply with the direction of the Borough Building Inspector shall be guilty of a violation.
H. 
Permit. No fence shall be erected without a fence permit having first been obtained from the Borough Building Inspector.
I. 
Fees. The fee for a fence permit shall be as set forth in Chapter 470, Land Use Procedures, Article III, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original Subsection J, which listed violations and penalties and which previously followed this subsection, was repealed 11-1-1984 by Ord. No. 477.
All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas, and building complexes requiring area lighting, shall be illuminated adequately from 1/2 hour after sunset to 1/2 hour before sunrise. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height not to be more than 25 feet measured from the ground level to the center line of the light source, spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval by the Joint Land Use Board.
Except as otherwise provided in this article, the lawful use of land, buildings or structures existing at the date of the adoption of this chapter may be continued, although such use does not conform to the regulations specified by this chapter for the zone in which such land, buildings or structures are located; provided, however, that no existing land, buildings or structures devoted to a use not permitted by this chapter in the district in which such land, buildings or structures are located shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this chapter for the district in which such land, buildings or structures are located except as allowed in Article VI. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
A. 
Abandonment. A nonconforming use shall be considered abandoned if such nonconforming use is terminated by the owner. If a nonconforming use of a structure, or a structure and land in combination, is discontinued or abandoned for a period of 12 consecutive months or if a nonconforming use of land is discontinued for a period of 60 days, thereafter the use of such building, structure and/or land shall not be used in a nonconforming manner.
B. 
Conversion to permitted use. Any nonconforming building or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building or use.
C. 
Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other act of God shall be examined by the following three people to determine whether the building is more than 50% destroyed: Borough Building Inspector; the owner or an architect or engineer selected by the owner; a third person agreed to by the Borough Building Inspector and the owner, whose fee shall be agreed to and shall be paid in equal portions by the Borough and the owner. If in the opinion of the above three people, the damage is greater than 50%, the building or use shall be considered completely destroyed and may be rebuilt only upon approval of a use variance as provided by state statutes. In the event of a damaged or condemned structure where the damage or value of restoration is less than 50% in the opinion of the majority of the above three people, the nonconforming structure or use may be rebuilt and used for the same nonconforming use, provided it does not exceed any height, area and volume of the original structure and the reconstruction shall commence within one year from the date the building was damaged or condemned and shall be carried on without interruption. The total value of the structure shall be based on the current cost of replacing those portions destroyed or required to be rebuilt to their original status plus the current cost of replacing the remaining usable elements of the structure. The cost of replacing the portion that was damaged or required rebuilding shall be computed as a percentage of the current total value of the structure as outlined above.
D. 
Repairs and maintenance. Such repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.
E. 
Sale of nonconforming use. Any nonconforming use may change ownership and continue to function as the same nonconforming use provided the other provisions of this section are met.
F. 
Any existing lot which does not meet the minimum lot size, or a building which does not meet all the yard requirements, may have additions to the principal building and/or construct an accessory use without an appeal to the Joint Land Use Board provided: The total permitted building coverage of the existing structures, together with the accessory building and any addition, is not exceeded; and the accessory building and/or any addition do not violate any other requirements of this chapter. Any vacant lot existing at the effective date of adoption or amendment of this chapter whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a use permitted for that zoning district without an appeal to the Joint Land Use Board, provided the building coverage limit is not exceeded, parking requirements are met, and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements, except that no side yard shall be less than 1/2 that required by this chapter or five feet, whichever is greater, and no building shall be required to have a height less than one story or 12 feet.
A. 
Landscaping. Planting of a dense evergreen material not less than four feet nor more than six feet in height which shall provide a year-round, maintained visual screen shall be provided around the outside boundary of off-street parking areas for more than six vehicles. In lieu of screen planting, a fence of woven lattice, masonry wall, wooden louvre type or split cedar fence with a maximum spacing of 3/4 inch may be provided not less than four feet nor more than six feet in height, maintained in good condition and without advertising.
B. 
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from residential premises and streets. No lights shall be higher than 25 feet or the height of the building, whichever is less. See § 525-24.
C. 
Surfacing and curbing.
(1) 
All parking and loading areas and access drives shall be paved as outlined below, or the equivalent, as determined by the Borough Engineer and approved as part of the site plan approval.
(a) 
All parking areas regardless of size and location shall be suitably drained and maintained.
(b) 
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles, and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Roads and Bridge Construction (1961), and amendments thereto.
(c) 
A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications, and amendments thereto.
(d) 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. A one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC), shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications, and amendments thereto.
(e) 
Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The area shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Borough Engineer. Where required by the Borough Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.
(2) 
All off-street parking and loading areas shall be provided with curbing or the equivalent so that vehicles cannot be driven onto required landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of the vehicles from overhanging the street rights-of-way, property lines, or internal sidewalks. Parking and loading spaces shall not be an extension of any street right-of-way.
(3) 
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
D. 
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street, and the center lines of any separate access points shall be spaced at least 65 feet apart; handle no more than two lanes of traffic; be at least 50 feet or 1/2 the lot frontage, whichever is greater, but need not exceed 200 feet from the street line of any intersecting street; and be at least 20 feet from any property line. Continuous open driveways in excess of 16 feet at the street line shall be prohibited except that for nonresidential uses, driveways of more than 16 feet may be permitted with the approval of the Joint Land Use Board, giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves, and traffic lane divider. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners and the driveway connected with the street in the same manner as another street.
E. 
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served regardless of the number of spaces required by this chapter. Off-street parking and loading may occupy front, side and rear yard areas subject to site plan approval by the Joint Land Use Board, but neither shall be closer than 20 feet to any street line. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas. Nothing shall prohibit driveways for detached dwelling units from being considered one off-street parking space per dwelling unit, except that no portion of the driveway within the street right-of-way shall be considered as any portion of an off-street parking space.
F. 
Type of facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
G. 
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
(1) 
For parking spaces nine feet wide.
Angle of Parking Space
(degrees)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90
25
25
60
20
22
45
18
20
30
15
18
parallel
12
18
(2) 
For parking spaces 10 feet wide.
Angle of Parking Space
(degrees)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90
22
25
60
18
20
45
15
20
30
12
18
parallel
12
18
H. 
Off-street loading spaces shall be located so that no vehicle waiting to be loaded or unloaded, maneuvering into a space or parked in a space shall interfere with any parking space, sidewalk, street, fire lane, driveway, aisle or other loading space.
[Added 10-6-1983 by Ord. No. 460; amended 8-6-1987 by Ord. No. 521]
A. 
Legislative findings. It is hereby determined and declared that the placing, abandonment, leaving, parking, storing or maintaining of any unregistered, unlicensed, disabled, dismantled or inoperable motor vehicles, boats, machinery or mechanical equipment out of doors on private lands in the Borough of Mount Ephraim is contrary, inimical and detrimental to the public welfare in that such articles so placed, abandoned, left, parked, stored or maintained attract or may attract persons of tender years who, being so attracted, may play in and about the same and may be injured and in that such articles so placed, abandoned, parked, stored or maintained out of doors, exposed to the elements, deteriorate and in themselves are unsightly and, deteriorating, become more unsightly and tend to attract vermin and rodents and by reason thereof depreciate the value of properties in the neighborhood where they are located and in the Borough as a whole, thereby creating health, fire and sanitary hazards, all of which are contrary and inimical to the public welfare.
B. 
Articles stored outdoors to be in enclosed building. No person or corporation shall place, abandon, leave, keep, park, maintain or permit or suffer the placing, abandoning, leaving, keeping, parking or maintaining of any articles described in Subsection A of this section out of doors upon any private land in the Borough of Mount Ephraim for more than 10 days, unless the same is garaged or stored in an enclosed building.
C. 
Property owner or tenant presumed responsible. If any vehicle, boat, machinery or mechanical equipment or other article described in Subsection A of this section shall be placed, abandoned, left, kept, parked or maintained on private lands for 10 days or more, it shall be presumed that the owner or tenant in possession of said lands, or both, left, placed, kept, stored, parked or maintained the same there or permitted or suffered it to be so left, placed, kept, stored, parked or maintained upon such premises.
D. 
Notice to abate violation. The Zoning Officer of the Borough of Mount Ephraim may cause a notice to be served upon the owner or tenant in possession of said lands on which the violation exists to abate the violation by removing the vehicle, boat, machinery or mechanical equipment or other articles constituting a violation of this chapter from the premises or by storing the same within an enclosed building within 10 days after service of such notice, which notice may be served upon such owner or tenant, if he resides in the Borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years. If any such owner or tenant shall reside outside of the Borough, such notice shall be served upon him by certified mail addressed to him at his usual residence according to the tax records of the Borough of Mount Ephraim. Said owner or tenant or other person shall so abate the violation within the time fixed by the notice.
[Amended 12-5-1996 by Ord. No. 650]
E. 
Violations and penalties.
(1) 
Each day that any such person or corporation shall continue to keep, maintain, park, store, place or abandon such vehicle, boat, machinery or mechanical equipment or other articles prohibited in this section upon such premises after the time contained in the aforesaid notice shall expire shall be deemed to be a separate offense and violation of this section.
(2) 
Any person who shall violate any provisions of this section shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter 470, Land Use Procedures, Article IV, Violations and Penalties, § 470-14, Zoning.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Applicability. The provisions of this section shall not apply to any lawfully existing licensed junkyard which otherwise complies with all federal, state and municipal regulations, nor shall it apply to the temporary storage of vehicles awaiting repairs at service stations as permitted under the provisions of this chapter.
G. 
Notwithstanding the provisions of Subsections B and C of this section, the following exterior storage of one vehicle shall be permitted as follows:
[Added 12-3-1987 by Ord. No. 524A; amended 8-6-1992 by Ord. No. 590]
(1) 
No vehicle which is unregistered, inoperable or dismantled shall be permitted in any residential zone unless approval is obtained from the Borough Zoning Officer or if such storage is a site approved by the Joint Land Use Board for said purpose. The approval by the Zoning Officer shall only be given for one vehicle per property; provided, however, that the Zoning Official, in his sole discretion, may grant approval for one additional vehicle. Permits shall be issued for the fee set forth in Chapter 470, Land Use Procedures, Article III, Fees, by the Construction Official only for repairs, restoration or construction of personally owned vehicles and not done in connection with a business venture. Approval by the Zoning Officer shall be limited to a time period of six months; however, one additional approval of up to six months may be granted by the Zoning Officer if the property owner can demonstrate that substantial progress has been made on the repair, restoration or construction of a vehicle.
[Amended 12-5-1996 by Ord. No. 650[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
No motor vehicle shall be stored on any surface which is not paved, graveled or stoned unless parked a minimum of 10 feet from any property line.
[Amended 8-7-1973]
A. 
Application and construction. This section is applicable within the Borough of Mount Ephraim and shall be construed as an exercise of the powers of such municipality to regulate, control and restrict the use of buildings, structures and land for outdoor advertising purposes, displays, signs and other advertising media in order to promote the health, safety, morals and general welfare of the community, including the protection and preservation of the property of the municipality and its inhabitants and of peace and good order, for the benefit of trade and all matters related thereto.
B. 
Definitions. For the purposes of this chapter, the terms used herein are defined as follows:
[Amended 5-2-1996 by Ord. No. 639]
ELECTION SIGN
A permanent or temporary sign used to advertise candidates seeking office in a local, county, state, national or school board election.
ILLUMINATED
Any sign which is lighted by a self-contained illuminated light or by light projected or directed onto the sign.
ILLUMINATION
The lighting or floodlighting outside the confines of a structure by means of electricity or the combustion of gases or liquids or the lighting of an area, object or structure.
NONILLUMINATED SIGN
Any sign other than an illuminated sign.
SIGN
Any device for visual communication, either illuminated or nonilluminated, that is used for the purpose of bringing the subject thereof to the attention to the public, whether displayed from the inside or affixed to the outside of a structure or separately constructed.
C. 
Illumination.
(1) 
The area, brilliance, character, color, degree, density, intensity, location and type of illumination shall be the minimum necessary to provide for the readability of the proposed sign by the public without shedding further illumination on nearby buildings. For internally lit signs, the average illumination shall not exceed 1/2 footcandle. For externally lit signs, the average illumination on the surface of the signs shall not exceed one footcandle.
[Amended 4-3-1979 by Ord. No. 400]
(2) 
All sources of illumination shall be shielded or directed in such a manner that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated.
(3) 
Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity.
D. 
Signs, restricted. No types of signs shall be erected or maintained in the Borough of Mount Ephraim except as provided in this section.
E. 
Classification of signs by construction.
(1) 
Canopy. A sign attached to or made a part of a canopy shall be classified as a canopy sign.
(a) 
A canopy sign shall not project horizontally beyond the supporting canopy.
(b) 
The bottom edge of a canopy sign shall be not less than eight feet above the sidewalk or ground elevation.
(c) 
Any light from an illuminated canopy sign shall not be visible to the rear thereof.[1]
[1]
Editor's Note: Original § 99-26E(2) of the 1973 Borough Code, regarding projecting signs, which previously followed this subsection, was repealed 4-3-1979 by Ord. No. 400.
(2) 
Wall. A sign painted on or recessed or affixed in any manner to any wall of a structure shall be classified as a wall sign.
(a) 
No such sign shall project above the parapet or eaves of rooflines, whichever shall be the lowest part of the structure on which it is erected.
(b) 
No such sign or any part thereof shall project more than 12 inches from the wall to which it is affixed.
(c) 
The bottom edge of or any appendage to such sign shall be not less than 10 feet above grade at such sign.
(d) 
Any such sign shall be subject to the provisions of § 525-16H(1).
[Added 4-3-1979 by Ord. No. 400]
(3) 
Freestanding. A sign freestanding on the ground or supported by one or more uprights upon the ground, with or without braces and not attached to a structure, shall be classified as a freestanding sign.
(a) 
No such sign or any part thereof shall project over any property line.
(b) 
Any such sign located closer than 20 feet to a street property line shall have an open space of not less than five feet between the lower edge of such sign and the average grade of the ground at the base of the uprights.
(c) 
No such sign or part thereof shall extend more than 11 feet above the average grade of the surrounding area.
(4) 
Window or inside. A sign erected or maintained in the interior of a building, visible from any public or private street or highway, shall be classified as a window or inside sign.
(5) 
Temporary. All signs of temporary nature, such as political posters, banners, promotional devices and other signs of a similar nature, may be granted a temporary permit for a period not to exceed 30 days, provided that such signs are not attached to fences, trees, utility poles or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. A permit for such sign or group of identical signs shall be issued by the Building Inspector at no cost. However, the Building Inspector, after seven days' written notice to the permit holder to remove such sign or signs and after the failure of the permit holder to do so, shall cause said sign or signs to be removed, and the cost of removal shall be charged to the permit holder.
F. 
Classification of signs by use.
[Amended 5-2-1996 by Ord. No. 639]
(1) 
Business. A sign intended to advertise the use of the lot on which it is located for the distribution, production or sale of goods, the performance of services or the name of the proprietor, renter or lessee of the lot or structure shall be classified as a business sign.
(2) 
Construction. A temporary sign used to advertise the erection or alteration of a structure on the lot on which it is displayed shall be classified as a construction sign and shall be removed prior to the issuance of a certificate of occupancy.
(3) 
Directional. A nonilluminated, nonbusiness sign beneficial to public safety or traffic control in connection with a use on the lot on which it is displayed or beneficial to public convenience or safety in connection with directions to the location of a municipal, religious or noncommercial public facility shall be classified as a directional sign.
(4) 
Name. A sign used solely for showing the name and address of the occupant of a single family residential structure on the lot on which it is displayed shall be classified as a name sign.
(5) 
Professional. A sign containing not more than the name, address and profession of the occupant of the structure on the lot on which it is displayed shall be classified as a professional sign.
(6) 
Public convenience. A sign used to identify a charitable, hospital, institutional, municipal, nonprofit, fraternal or membership, religious or school use of a structure or lot on which it is displayed shall be classified as a public convenience sign.
(7) 
Real estate. A nonilluminated, temporary sign used to advertise the availability, lease, rental or sale of the lot or structure on which it is displayed shall be classified as a real estate sign. Such sign shall be removed upon completion of the transaction advertised.
(8) 
Traffic. A sign erected by a town, county or state agency and used to inform, control or direct traffic shall be classified as a traffic sign.
G. 
General regulations.
[Amended 4-3-1979 by Ord. No. 400; 5-2-1996 by Ord. No. 639]
(1) 
Temporary election signs may be erected, installed, posted and/or placed by the owner, or by other than the owner with the owner's consent, on residential or commercial property subject to the following:
[Amended 9-6-2007 by Ord. No. 12-07]
(a) 
Temporary election signs shall not exceed four square feet in area and shall not extend higher than four feet above natural grade.
(b) 
Temporary election signs shall be limited to one sign per lot per campaign and shall contain no commercial message or logo. For purposes of this section, the term "campaign" shall mean a candidate or group of candidates running together for one office or position or several seats on one governmental or quasi-governmental body or board.
(c) 
Temporary election signs shall not be erected, installed, posted and/or placed in any municipal, county or state right-of-way or on any public property.
(d) 
The maximum duration of any election sign shall not exceed 30 calendar days prior to the event or election date and 10 days after the event or election date.
(e) 
Temporary election signs shall only be constructed of wood, cardboard or other recyclable material and shall not be illuminated.
(f) 
All temporary election signs shall be ground-mounted. No temporary sign shall be temporarily or permanently affixed to a utility pole, telephone pole, light standard, traffic sign, fire hydrant, fence or other public utility or structure or posted, painted or otherwise affixed to trees, rocks or other natural features on any lot or within any street right-of-way or in another manner placed within any street right-of-way or placed on any property owned by the Borough.
(g) 
The owner of the property on which any temporary election sign is erected, installed, posted and/or placed shall be held responsible for any violation of these regulations and the costs of removal of any sign found to be in violation of this section.
(h) 
Any owner who erects, installs, posts and/or places, or causes or permits the erection, installation, posting and/or placing of, a temporary election sign in violation of this section who does not cause such violation to be removed and/or corrected within 48 hours after receipt of notice, either oral or written, of the existence of such violation shall be subject to penalties and/or fines as provided in § 470-14 of Chapter 470. The erection, posting and/or placing of each individual sign shall constitute a separate offense.
(i) 
If a temporary election sign is erected, installed, posted and/or placed in violation of this section and is not removed and disposed of in accordance with this section, and the trash and health regulations of the Borough and the state, the Borough, in addition to all other remedies provided herein and otherwise available at law or in equity, has the right, but not the duty, to cause such sign to be removed and disposed of, and the organization, owner, tenant and political candidate shall be strictly liable for all costs and expenses incurred by the Borough with respect to such removal and disposal.
(2) 
A sign may be permitted only in connection with a permitted use.
(3) 
Signs shall relate solely to the business or profession conducted on the premises and shall advertise only the name of the owner or lessee, the name of the establishment, the type of establishment, goods or services or the trade name of the establishment and the goods manufactured, sold or services rendered, except for traffic and public convenience signs.
(4) 
A sign readable from two sides and with parallel faces shall be considered one sign.
(5) 
No sign shall be so constructed, erected or located which will obstruct the visibility with respect to the safety of the motorist or pedestrian proceeding along the public way or entering or leaving a lot.
(6) 
All illuminated signs shall be illuminated by a steady source and contain no moving or flashing parts. The illumination, if located so as to be confused with traffic signals, shall not be green, red or orange-yellow.
(7) 
No signs may be constructed, erected, provided, maintained, altered or moved on a lot on which exists a nonconforming sign.
(8) 
With respect to any sign which is restricted to two feet in height, insignia or key letters in a name on such sign may be varied to a height not to exceed four feet, provided that the total area of such sign as varied does not exceed the total area otherwise permitted for such sign under the provisions of this section.
(9) 
A wall business sign shall be permitted only on the front face of a structure except that on a corner lot situated in a business district a second wall business sign facing a side street may be permitted; provided, however, that such second sign faces property situated in a business district in depth at least equal to the depth of the lot upon which second sign is located, that there is no residential structure located on the opposite side of the street at a lesser distance from the front street of the lot on which such second sign is located than 1 1/2 times the depth of the lot on which said sign is located, that such second sign shall not exceed two feet in height or a total length greater than 1/2 of the building wall to which it is affixed or the permitted length of sign on the building front, whichever is less, and that said second sign shall be of similar design and contain similar wording to the permitted sign on the building front.
(10) 
A freestanding business sign shall be located only in a front yard and no closer to side lot lines than the required side yard and shall be limited to one on a lot, unless otherwise specified in Subsection H, Regulation of signs by district.
(11) 
No signs except directional or traffic signs shall be permitted on public streets or rights-of-way.
(12) 
A projecting sign shall not be installed on a lot containing a freestanding sign and vice versa.
(13) 
Nonilluminated, freestanding directional signs may be permitted in any district, provided that such sign or signs shall not exceed two square feet in area, that the number on a lot applicable to a use thereon shall not exceed the number of approved ingresses and egresses thereon and that the number on a lot applicable to a use not located on the lot upon which said sign is located shall be limited to one such sign.
(14) 
Freestanding traffic signs shall be permitted in all districts.
H. 
Regulation of signs by district.
(1) 
No sign shall be erected outside any building or structure in a residence district except the following:
(a) 
Name sign.
[1] 
Number permitted: one per lot.
[2] 
Maximum area: one square foot.
[3] 
Maximum height of bottom of sign above ground level: five feet.
(b) 
Real estate sign.
[1] 
Number permitted: one per lot.
[2] 
Maximum dimensions: two feet by three feet.
[3] 
Maximum height of bottom of sign above ground level: five feet.
[4] 
Location on developed property: not nearer to an adjacent street, road or highway than the building line of the premises.
[5] 
Location on undeveloped property: not nearer to an adjacent street, road or highway than 25 feet.
(2) 
Signs erected in the business district shall be governed by the following restrictions:
(a) 
Freestanding sign.
[1] 
Number permitted: one per lot.
[2] 
Maximum dimensions: six feet by six feet.
[3] 
Maximum height of bottom of sign above ground level: five feet.
(b) 
Wall sign.
[1] 
Number permitted: one per lot, facing the street.
[2] 
Maximum area: two square feet for each foot of frontage.
(c) 
Real estate sign.
[1] 
Number permitted: one per lot.
[2] 
Maximum dimensions: four feet by four feet.
[3] 
Maximum height of bottom of sign above ground level: five feet.[2]
[2]
Editor's Note: Original § 99-26I, Special exception signs, business district, of the 1973 Borough Code and which previously followed this subsection, was repealed 4-3-1979 by Ord. No. 400.
I. 
Permit required. It shall be unlawful for any person to erect, construct, paint, alter, relocate, reconstruct, display or maintain, or cause to be erected, constructed, displayed or maintained, any illumination or sign, except name, real estate or traffic signs and signs with an area of less than one square foot, without first having obtained a written permit from the Construction Official of the Borough of Mount Ephraim.
[Amended 12-5-1996 by Ord. No. 650]
J. 
Application for permit. Application for the permit shall be made in writing, in duplicate, upon forms prescribed and provided by the Construction Official of the Borough and shall contain the following information:
[Amended 12-5-1996 by Ord. No. 650]
(1) 
Name, address and telephone number of the applicant.
(2) 
Location of the building, structure or land to which or upon which the sign is to be erected.
(3) 
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign and the position of lighting or other extraneous devices and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway.
(4) 
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
(5) 
Certification of an electrical inspection by a qualified person or firm.
K. 
Fees. A fee shall be paid to the Construction Official for each sign permit issued, in the amount set forth in Chapter 470, Land Use Procedures, Article III, Fees. Where work for which a permit is required by this section is begun prior to obtaining a permit therefor, the fees will be doubled, but the payment of such double fees shall not relieve any person from fully complying with the requirements of this section in the execution of the work or from the penalties prescribed.
[Amended 12-5-1996 by Ord. No. 650[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
Variances. The Borough Joint Land Use Board, in considering variances from strict conformity with the provisions of this section, shall, among other things, consider the intensity, location and type of the proposed illumination and illuminated or nonilluminated signs and shall, when granting variances, ensure by appropriate conditions that:
(1) 
The illumination shall be only that necessary to provide for the security of the property and the safety and welfare of the public while the business is open to the public and that necessary for the security of the property when not open to the public.
(2) 
Illuminated or nonilluminated signs shall be only of such location, size and type as are necessary to convey to the traveling public, on adjacent public streets at a normal and unobstructed sight distance on such streets, the message on said signs.
(3) 
Illumination and signs shall not be distractive, hazardous or obstructive to the traveling public on the public ways or upon entering or leaving the lot on which such illumination or sign is located.
(4) 
Illumination and illuminated signs shall not interfere with the normal enjoyment of residential uses in adjacent residential districts.
M. 
Districts. All districts referred to in this section shall be as controlled and defined under the provisions of the this chapter of the Borough of Mount Ephraim.
N. 
Review and appeal. Any person aggrieved by the decision of the Zoning Officer relative to the provisions of this section may appeal such decision to the Borough Joint Land Use Board, as provided in this chapter of the Borough of Mount Ephraim, and shall comply with all procedural requirements prescribed by such Joint Land Use Board.[4] Any person aggrieved by any decision of the Joint Land Use Board may have the decision reviewed by a court of competent jurisdiction as provided by law.[5]
[Amended 12-5-1996 by Ord. No. 650]
[4]
Editor's Note: See also Ch. 470, Land Use Procedures.
[5]
Editor's Note: Original § 99-26P, of the 1973 Borough Code and which listed violations and penalties, and which previously followed this subsection, was repealed 11-1-1984 by Ord. No. 477.
O. 
Maintenance, abandonment and enforcement.
[Added 9-1-2011 by Ord. No. 14-11]
(1) 
Maintenance. All signs and awnings, including awnings with approved signs, shall be maintained by the owner of the sign. This maintenance shall include repainting, repairing and cleaning, as necessary. If the Zoning Officer determines that any sign or awning is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or abandoned, or a danger to the public health or public safety, the Zoning Officer shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot. Either owner shall thereafter have 10 days to correct the unsatisfactory condition of the sign. If the unsatisfactory condition is not so corrected within the ten-day period, the Zoning Officer may thereafter take such actions as are permitted pursuant to the provisions of this Subsection O.
(2) 
Abandoned signs. Any sign which identifies any business, proprietor or owner which is no longer in existence or operation, or located upon the premises where the sign is located, shall be removed within 60 days after the cessation of the activity upon the premises. If any such sign remains on a premises for longer than 60 days, the Zoning Officer may hereafter take such actions as are permitted pursuant to the provisions of this Subsection O.
(3) 
Enforcement. The Zoning Officer shall have the authority to enforce this Subsection O. Upon the discovery of a violation of this Subsection O, the Borough of Mount Ephraim shall give written notice to the owner of the sign and to the owner of record of the tax lot that the sign is in violation of this Subsection O and that they are required to bring the sign into conformity with this Subsection O, to remove it, or to apply for a sign permit to allow the sign as existing, within 10 days of said notice. In the event that any sign continues to be in existence after notice, the Zoning Officer may file a Municipal Court complaint against the owner of the sign and the owner of record of the tax lot, and take such other action as may be permitted by law.
(4) 
Violations and penalties. Any person or entity that shall violate any part of this Subsection O, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Zoning Officer shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided for in § 470-14 of Chapter 470. Whenever such person shall have been officially notified by the Zoning Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
[Amended 8-22-2002 by Ord. No. 702]
A. 
The entire area of the property traversed by motor vehicles shall be hard-surfaced.
B. 
Illumination of the property shall be such that no direct glare from lights shall fall upon adjacent properties.
C. 
No equipment for the dispensing of gasoline or oil shall be placed less than 10 feet from any property line.
D. 
No service station or convenience store with sale of petroleum products shall have an entrance or exit for vehicles within 500 feet of any other service station entrance or exit whether in the Borough or in an adjoining municipality, as measured in the shortest manner possible using the right-of-way of a public street or streets.
E. 
The requirement herein set forth relative to service stations and convenience stores with sale of petroleum products shall also be adhered to and required for the enlargement of any existing similar use.
F. 
Gasoline-filling pumps or air pumps shall be permitted within the required front yard space of service stations or convenience stores with sale of petroleum products, but shall be no closer than 50 feet to any street or future street.
G. 
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highways, shall be permitted on the premises. It shall be prima facie evidence of violation of this section if more than six motor vehicles are located at any one time upon any premises within a closed and roofed building, except, however, that a number not exceeding six motor vehicles may be located on any such premises outside of a closed and roofed building for a period of time not to exceed three days, provided that the motor vehicles are awaiting repair.[1]
[1]
Editor's Note: Original § 99-29, Site plan review, of the 1973 Borough Code and which immediately followed this subsection, was repealed 11-1-1984 by Ord. No. 477.
Private permanent residential swimming pools above or below ground shall adhere to the following standards:
A. 
No pool or wading pool shall be constructed or installed on any lot unless said lot shall contain a residential structure and/or residence building. Swimming pools and any accessory building thereto may be located in any such yard but shall be constructed only in the rear yard and shall be at least 10 feet from the rear property line. No swimming pool shall be erected or placed nearer to a street property line or nearer to a side property line than would be allowed for buildings in the respective zoning districts as set forth in this chapter.
[Amended 9-1-2016 by Ord. No. 12-16]
B. 
The pool shall occupy no more than the equivalent of 75% of the yard area in which it is located.
C. 
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
D. 
Any pool shall be completely surrounded by fencing between four feet and six feet in height, which requirement in accordance with this chapter may require greater setbacks in order to comply with this chapter.
[Amended 8-7-1973]
E. 
All pools shall have all the areas surrounding the pool made and kept neat and attractive, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
Townhouses shall adhere to the following provisions in addition to the district regulations of § 525-14.
A. 
The overall density shall not exceed eight dwelling units per acre of land.
[Amended 4-3-1979 by Ord. No. 400]
B. 
Each dwelling unit shall be no less than 18 feet wide.
C. 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the townhouse development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of wind shutters, doors, porches, colors and vertical or horizontal orientation of the facade, singularly or in combination for each dwelling unit.
D. 
Fire walls of concrete or cinder block material shall be constructed between all dwelling units and shall extend to the roof sheathing with a solid ridge line in all instances, except that where the roofline is offset, the fire wall shall extend at least six inches above the roof sheathing.
E. 
No more than eight townhouses nor less than four shall be attached to produce one overall structure.
F. 
Measuring horizontally from the perimeter of the units, the distance between structures shall be the sum of the two abutting yards, but in no event shall a structure be closer at any point than the sum of two side yards.
G. 
The minimum gross floor area for a one-bedroom unit shall be 800 square feet, and 1,100 square feet for a two-bedroom unit. Each additional bedroom shall require at least an additional 250 square feet to the gross floor area of the total dwelling unit.
H. 
For individually owned, subdivided townhouses, the minimum lot size shall be 2,500 square feet, the minimum frontage of each lot shall be 18 feet and the minimum depth shall be 125 feet.
[Added 4-3-1979 by Ord. No. 400]
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing open space for meeting the same requirements for another principal building.
[Added 9-7-1976 by Ord. No. 366]
A. 
In the development and execution of this section, 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.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
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 matter depicting, describing or relating to special sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, for observation by patrons therein.
MOTION PICTURE
Film or films in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
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.
SEXUAL CONDUCT
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.
SPECIFIED ANATOMICAL AREA
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
(2) 
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Any act of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
C. 
Adult bookstores, adult motion-picture theaters, dance halls, poolrooms, billiard parlors and bowling alleys are hereby deemed to be regulated uses.
D. 
No regulated use may be located within 1,000 feet of any other regulated use nor within 1,000 feet of a residentially zoned area nor within 1,000 feet of any school.[1]
[Amended 7-3-1997 by Ord. No. 654]
[1]
Editor's Note: Original § 99-32.1E, of the 1973 Borough Code and which listed violations and penalties, which previously followed this subsection, was repealed 11-1-1984 by Ord. No. 477.
[Added 6-9-1981 by Ord. No. 438]
A. 
In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics and as having deleterious effects on the developed residential character of the Borough of Mount Ephraim, particularly when several of them are concentrated under circumstances having a deleterious effect upon adjacent residential areas. Special regulation of these uses has been deemed necessary by the Board of Commissioners of the Borough of Mount Ephraim to ensure that these objectionable operational characteristics have not contributed to the downgrading of the developed character of surrounding residential neighborhoods of the Borough of Mount Ephraim.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ART STUDIO
An establishment having as a substantial or significant portion of its services to the public the exhibition of male or female individuals to the general public, exhibiting or depicting said models displaying sexual activities, sexual conduct or specified anatomical areas of said models, as defined further in this section.
SEXUAL CONDUCT
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.
SPECIFIED ANATOMICAL AREA
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
(2) 
Human genitals in a discernibly turgid state, even if covered.
C. 
Art studios and all other similar establishments whereby the services provided by an establishment such as is defined in Subsection B of this section are deemed to be regulated uses.
D. 
No regulated use may be located within 1,000 feet of any other regulated use nor within 1,000 feet of a residentially zoned area nor within 1,000 feet of any school.[1]
[Amended 7-3-1997 by Ord. No. 654]
[1]
Editor's Note: Original § 99-32.2E of the 1973 Borough Code and which listed violations and penalties, which previously followed this subsection, was repealed 11-1-1984 by Ord. No. 477.
[Added 11-7-1985 by Ord. No. 494; amended 4-2-1987 by Ord. No. 512; 6-9-1988 by Ord. No. 537A; 5-2-1991 by Ord. No. 578]
The governing body of the Borough of Mount Ephraim is concerned about the appearance and impact of structures commonly known as "antennas." The governing body finds that these antennas must be regulated because of the adverse impact in surrounding property values and the enjoyment and use of surrounding properties. The intent and purpose of this conditional use section is to establish a procedure and criteria in order to avoid the adverse impact of the installation of any type of antenna and to preserve the character, beauty and general welfare of the area and of the municipality. The use of these antennas may be utilized within all zones of the Borough of Mount Ephraim, provided that the following standards and conditions are complied with:
A. 
Applications for a conditional use or special use permit shall be made to the Joint Land Use Board. The applicant shall submit appropriate plans and sketches which will show the location of all physical improvements on the premises and the proposed location of the antenna. The proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal, state or local agency.
B. 
The Joint Land Use Board, in considering applications, shall find that the proposed antenna, whether satellite, dish or traditional television antenna, will have a harmonious relationship with surrounding property uses and shall be located so as to not diminish the value or use of surrounding properties. The Joint Land Use Board shall consider, among other things, the following criteria, which shall not be per se criteria, but only guidelines for the Joint Land Use Board to consider:
(1) 
The antenna should be located on the ground, if at all possible, given the technology of the antenna, and shall be screened from the roadway and adjoining properties with foliage of such height and density as to provide as much of a screen and buffer as possible. The Board shall have the sole discretion to determine on a case-by-case basis the nature and type of landscaping necessary to provide an appropriate buffer.
(2) 
The antenna shall not be located on any trailer or portable device.
(3) 
The antenna shall be located in rear yards only and shall be an accessory structure requiring compliance with all minimum yard requirements as per this chapter.
(4) 
The antenna shall not be connected to or placed upon any roof and shall not at any point or part of the antenna be elevated to reach a height of more than 15 feet above natural grade of subject premises. In no event shall the natural grade be changed by any means in order to increase the elevation of the antenna.
(5) 
The applicant must obtain a building permit in accordance with the other appropriate ordinances and regulations of the Borough of Mount Ephraim, and the antenna must have a concrete foundation.
[Added 7-3-1997 by Ord. No. 654]
A. 
In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics and having deleterious effects on the developed residential character of the Borough of Mount Ephraim, particularly when several of them are concentrated under circumstances having a deleterious effect upon adjacent residential areas. Special regulation of these uses has been deemed necessary by the Board of Commissioners of the Borough of Mount Ephraim to ensure that these objectionable operational characteristics have not contributed to the downgrading of the developed character of surrounding residential neighborhoods of the Borough of Mount Ephraim.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FORTUNE-TELLERS AND PALM READERS
An establishment having a substantial or significant portion of its services to the public using or pretending to use any skills in physiognomy, palmistry, the foretelling of future events or other crafty sciences or pseudosciences.
C. 
Fortune-tellers and palm readers and all other similar establishments whereby the services provided by an establishment such as is defined in Subsection B of this section are deemed to be regulated uses.
D. 
Regulated use as mentioned in this section. No regulated use may be located within 1,000 feet of any other regulated use nor within 1,000 feet of a residentially zoned area nor within 1,000 feet of any school.