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.
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:
(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.
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.
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.
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)
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.
ELECTION SIGN
ILLUMINATED
ILLUMINATION
NONILLUMINATED SIGN
SIGN
Definitions. For the purposes of this chapter, the terms used herein
are defined as follows:
[Amended 5-2-1996 by Ord.
No. 639]
A permanent or temporary sign used to advertise candidates
seeking office in a local, county, state, national or school board
election.
Any sign which is lighted by a self-contained illuminated
light or by light projected or directed onto the sign.
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.
Any sign other than an illuminated 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)
(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:
(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.
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]]
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]
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.
No more than one principal use shall be permitted on one lot.
[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.
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
MOTION PICTURE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this section, 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 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.
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.
Film or films in which any person is shown, depicted or revealed
in any act of sexual conduct or 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.
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.
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.
ART STUDIO
SEXUAL CONDUCT
SPECIFIED ANATOMICAL AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
FORTUNE-TELLERS AND PALM READERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
