[HISTORY: Adopted by the Common Council of
the City of Egg Harbor City 5-14-1981 by Ord. No. 6-1981. Amendments noted where
applicable.]
This chapter is declared necessary for the preservation
of the public peace, health, safety, morals and welfare of the people
of the City of Egg Harbor City.
A.
It has been demonstrated that the establishment of
adult businesses in business districts which are immediately adjacent
to and which serve residential neighborhoods has a deleterious effect
on both the business and residential segments of the neighborhood,
causing blight and a downgrading of property values.
B.
The prohibition against the establishment of more
than two regulated uses within 1,000 feet of each other serves to
avoid the clustering of certain businesses which, when located in
close proximity to each other, tend to create a skid row atmosphere.
C.
It is determined that such prohibition will avoid
the deleterious effects of blight and devaluation of both business
and residential property values resulting from the establishment of
an adult bookstore, adult motion-picture theater or adult mini-motion-picture
theater in a business district which is immediately adjacent to and
which serves residential neighborhoods.
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment, from which minors are excluded, having
as a substantial or significant portion of its stock-in-trade books,
magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas (as defined below),
or an establishment with a segment or section devoted to the sale
or display of such material.
An enclosed building with a capacity for less than 50 persons,
from which minors are excluded, used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
(as defined below) for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons,
from which minors are excluded, used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
(as defined below) for observation by patrons therein.
A.
Locational criteria of adult bookstores, adult motion-picture
theaters, adult mini-motion-picture theaters and adult dancing establishments
has, as previously described, been selected to separate these uses
from active residential areas and to prevent the impact on adjacent
land uses. Accordingly, Block 703 has been designated for such use.
These areas shall be designated as "Commercial X District."
[Amended 4-11-1985 by Ord. No. 10-1985]
B.
Buildings shall meet all applicable safety standards
of the City of Egg Harbor City, including but not limited to adequate
fireproofing of walls, floors, ceilings, adequate fire escapes and
exits and adequate fireproofing of all book storage areas.
C.
Parking shall be provided at a ratio of one square
foot of parking for every square foot of building area. Such parking
shall be paved, striped and appropriately marked. Paving shall take
place in accordance with the established engineering standards of
the City of Egg Harbor City. Each parking space shall be defined as
a minimum of 325 square feet. All parking spaces shall be linked to
an internal circulation system with one access and egress point to
and from the subject site. No parking shall be allowed within the
buffer area designated in this chapter. Such off-street parking shall
be lighted with lighting standards that are in architectural conformity
with the building and range within a height of 16 to 20 feet. The
intent of the lighting is not to provide a total flood effect for
the site, but to provide illumination for the driveway areas and parking
areas.
D.
All off-site improvements, such as curbs, gutters,
sidewalks, drive approaches and street trees, shall be provided as
required by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
E.
The interior of the bookstore or adult facility shall
be adequately lighted and constructed so that every portion thereof
is readily visible to the clerk or other supervisory personnel from
the counter or other regular stations.
F.
Lobby and entrance areas should be designed so as
to minimize obstruction of sidewalks during operating hours.
G.
Advertisements, displays or other promotional material
shall not be shown or exhibited so as to be visible to the public
from pedestrian sidewalks or walkways or from other areas, public
or semipublic; and such displays shall be considered signs.
H.
No loudspeakers or sound equipment shall be used for
adult bookstores, adult motion-picture theaters or adult mini-motion-picture
theaters that radiate sound to the outside of the building.
I.
An adult bookstore, adult motion-picture theater or
adult mini-motion-picture theater, as defined herein, shall be evaluated
subject to the following controls:
(1)
Minimum site size. The minimum site size shall be
two acres, with a minimum width of 400 feet.
(2)
Lot coverage. Coverage of the lot by the principal
building shall not exceed 5% of the total site area.
(3)
Building height. Maximum height of the building shall
not exceed 21/2 stories or 35 feet.
(4)
Buffer area. At a minimum, and except where otherwise
noted, there shall be a buffer area of 100 feet around the entire
perimeter of this site. This area shall be landscaped with a double
alternating row of evergreen trees, six feet in height at time of
planting, spaced eight feet on center. Such trees shall augment natural
landscaping. In the event that natural landscaping is not available
around the site, then additional landscaping shall be provided in
the form of another alternating row of evergreen trees as prescribed
herein.
(5)
Building setback. The principal building shall be
set back 150 feet from any road or front property line.
(6)
Signs. The sign identifying the subject property shall
be limited to 10 square feet and shall be wall-mounted upon the principal
building. The sign shall be limited to lettering indicating the name
and address of the facility only.
(a)
The sign shall be applied flat against the wall and
shall not project beyond the side or top of the wall to which it is
affixed, nor shall such signs project more than 14 inches from the
front wall. All flashing, moving, intermittently moving and illuminated
signs, reflecting signs or luminous signs and/or advertising devices
shall be prohibited. However, backlighting of the principal sign may
be permitted.
(b)
No temporary signs made of paper, cardboard, canvas
or other similar material, banners, etc., are permitted.
(c)
No signs or billboards shall be placed on the roof
of any buildings.
[Amended 8-28-2014 by Ord. No. 9-2014]
All adult bookstores, adult motion-picture theaters
and adult mini-motion-picture theaters shall be subject to conditional
use approval by the Land Use Board.
For any and every violation of the provisions
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the owner, general agent or contractor, lessee or tenant of any
part of a building or premises in which such violation has been committed
or shall exist, and the general agent, architect, builder, contractor
or any other person who commits, takes part or assists in such violation
shall, for each and every day such violation continues, be subject
to a fine not exceeding $1,000, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof. Each day that the violation is permitted
to exist shall constitute a separate offense, and, in addition, the
violator shall pay all costs and expenses incurred by the city in
determining such violation. Penalties for such violation shall be
collected and violations of this chapter shall be prosecuted in the
manner prescribed by law or ordinance effective in the City of Egg
Harbor City. Nothing in this chapter shall be construed as depriving
the City of Egg Harbor City or the City Council of any other available
remedy.
