Egg Harbor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Land use and development — See Ch. 170.
Peace and good order — See Ch. 202.
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:
ADULT BOOKSTORE
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.
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTION-PICTURE THEATER
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. 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region.
(2) 
Buttocks.
(3) 
Female breast below a point immediately above the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).