Mount Ephraim City Zoning Code
ARTICLE IV
District Regulations
§ 525-12 General intent.
No building shall hereafter be erected, altered, converted, enlarged or reduced, wholly or in part, except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zone wherein it is located, and so that all lots have frontage on a street.
§ 525-13 R-1 Residential District.
A.
Purpose. The purpose of this district is to permit and protect the continuance of the low-density residential character existing in the Borough. The requirements for detached dwellings are established to permit a variety of housing without impairing the intent of this chapter to maintain the existing low-density character of the Borough while preventing the conversion of existing detached dwellings into structures with two or more dwelling units. Accordingly, there shall be no construction of exterior stairways or staircases for existing residential dwellings of any kind currently located in R-1 Residential Districts.
[Amended 12-4-1979 by Ord. No. 415]
C.
Accessory uses permitted.
(1)
Off-street parking spaces and garages.
(4)
The parking of travel trailers, campers and boat trailers on a residential lot by the residents of the lot. Said parking shall be off the street at all times in either the side or rear yard, and habitation in said trailers in a permanent or temporary manner is prohibited.
(5)
The office of a physician, surgeon, dentist, architect, lawyer, engineer, agent or accountant, provided that such use meets the requirements of a home occupation.
D.
Maximum building height. No building shall exceed 35 feet in height nor contain more than two stories above grade, except that church spires may extend to not higher than 80 feet.
E.
Area and yard requirements.
(1)
Minimum requirements.
Detached Dwelling | Municipal Uses, Libraries, Churches, Sunday School Buildings | ||
|---|---|---|---|
Lot width (feet) | 50 | 100 | |
Lot depth (feet) | 100 | 100 | |
Lot area (square feet) | 5,000 | 15,000 | |
Front yard (feet) | 25 | 25 | |
Each side yard (feet) | 8 | 20 | |
Rear yard (feet) | 20 | ||
Gross floor area (square feet) | 1,200 |
(2)
Maximum requirements.
Detached Dwelling | Municipal Uses, Libraries, Churches, Sunday School Buildings | ||
|---|---|---|---|
Building coverage (percent) | 40% | 40% | |
Density of units/acre | 8.72 |
F.
Minimum off-street parking.
(1)
Two spaces per dwelling unit.
(2)
Twenty-five percent of the floor area of municipal uses and library.
[Amended 4-3-1979 by Ord. No. 400]
(3)
One space for each four permanent seats in a church for both the church and related Sunday school building. (One seat shall be considered 22 inches in calculating the capacity of pews and benches.)
G.
Minimum off-street loading: not applicable.
H.
Signs.
(1)
Street numbers and family names are permitted.
(2)
Municipal uses, churches, Sunday school buildings and libraries may have one freestanding sign not exceeding 12 square feet and one attached sign not exceeding 25 square feet.
(3)
Home occupations may have one unlighted sign attached to the building not exceeding four square feet.
§ 525-14 R-2 Residential District.
A.
Purpose. The purpose of this district is to provide an area of the community where sufficient tracts appear feasible for the development of higher density units. This district will aid in providing a variety of housing in the community with modern design standards so that garden apartments and townhouses will be compatible with adjacent detached dwellings. However, there shall be no construction of exterior stairways or staircases for existing dwellings currently located in R-2 Residential Districts.
[Amended 12-4-1979 by Ord. No. 416]
C.
Accessory uses permitted: the same as the R-1 District.
D.
Maximum building height. No building shall exceed 35 feet in height nor contain more than two stories above grade, except that church spires may extend not higher than 80 feet.
E.
Area and yard requirements. Garden apartments and townhouses shall meet the following requirements:
(1)
Minimum requirements.
Garden Apartments | Townhouses | ||
|---|---|---|---|
Lot width (feet) | 200 | 200 | |
Lot depth (feet) | 150 | 100 | |
Lot area (square feet) | 40,000 | 30,000 | |
Front yard (feet) | 40 | 25 | |
Each side yard (feet) | 20 | 20 | |
Rear yard (feet) | 30 | 20 |
(2)
Maximum requirements.
[Amended 4-3-1979 by Ord. No. 400]
Garden Apartments | Townhouses | ||
|---|---|---|---|
Building coverage (percent) | 20% | 70%/townhouse | |
Density of units/acre | 10 | 8 lot* |
*NOTE: Twenty percent for collective building area for all townhouses on overall tract. |
F.
Minimum off-street parking.
(1)
Two spaces per garden apartment unit with three or more bedrooms. One and three-fourths spaces per garden apartment unit with two bedrooms. One and one-half spaces per garden apartment unit with one bedroom and for each efficiency unit.
(2)
Two spaces per dwelling unit in all other dwelling unit types.
G.
Minimum off-street loading: not applicable.
H.
Signs. Garden apartments may have one exterior lighted sign giving the name of the complex. Said sign shall not exceed 10 square feet in area, be set back from the street at least 25 feet and be no higher than six feet. All other uses shall adhere to the R-1 District regulations.
I.
Buffers. Garden apartments shall have a minimum buffer area with a width of 10 feet along the rear property line, planted with evergreens with a variety of plant types producing various heights and widths of plants at maturity, spaced a minimum of five feet on center, which will provide a visual screen within five years.
§ 525-15 R-MR Residential Mid-Rise District.
[Added 3-2-2000 by Ord. No. 680]
A.
Purpose.
(1)
The purpose of this section is to create standards for multifamily dwellings allowed in a Mid-Rise District. These multifamily dwellings shall be at a maximum density of 20 units per acre except housing for the elderly as permitted by § 525-15B(2).
(2)
Within this district no lot or building shall be used, and no building shall be erected or altered to be used in whole or in part, unless it complies with the regulations contained herein.
B.
Permitted uses. The following uses shall be permitted in the Residential Mid-Rise District:
(1)
Garden apartments.
(2)
Housing for the elderly in garden apartment, townhouse or mid-rise apartment buildings, subject to the following standards:
(a)
All units in the development shall be reserved by deed or covenant for permanent residents of at least 62 years of age, except that the spouse or one immediate relative, live-in domestic, companion or nurse aged 18 or older may reside in the unit. In no event shall more than two permanent residents reside in any one residential unit designated as housing for the elderly. The deed or covenant reserving the unit as housing for the elderly shall be subject to the review and approval of the Municipal Solicitor.
(b)
The residential density of developments for housing for the elderly may be increased to a maximum of 50 units per acre.
(c)
The maximum height of a mid-rise apartment constructed for housing for the elderly shall be six stories.
(d)
The minimum unit floor areas may be reduced in accordance with the following schedule of units which qualify as housing for the elderly:
Unit Type | Minimum Floor Area (square feet) | |
|---|---|---|
Efficiency apartment | 400 | |
One-bedroom apartment | 550 | |
Two-bedroom apartment | 700 |
(3)
Day-care centers, community centers, life-support communities and recreation facilities designed and maintained to meet the social service needs of the residents within the development.
C.
Standards. Multifamily residential development shall adhere to the following standards:
(1)
There shall be a minimum distance of 25 feet between any group of single-family attached units and any other group of single-family attached units. There shall be a minimum distance of 25 feet between any multifamily structure and any other structure or property line and a minimum distance of 100 feet plus 10 feet for each story exceeding six stories for any mid-rise structure.
(2)
At least 20% of the gross usable area shall be common open space. The use of the common open space shall be limited to active and passive recreation or the preservation of natural vegetation and wildlife habitats.
(3)
There shall be a minimum setback of 30 feet between any structure and a state, county or municipal street.
(5)
Pedestrian walks shall be provided wherever normal pedestrian traffic will occur. Pedestrian walks shall be hard-surfaced in accordance with the controlling specifications and standards.
(6)
All developments shall provide for landscaping, including shade trees, shrubs and lawns. The landscaping plan shall be subject to the review and approval of the Joint Land Use Board.
(7)
All developments shall provide sufficient illumination of the streets, roads, access drives, parking areas, dwelling entrances and pedestrian walks. The site lighting plan shall be subject to the review and approval of the Joint Land Use Board.
(8)
Each dwelling unit shall contain a minimum of one bedroom or designated sleeping alcove, complete kitchen facilities, interior storage areas, bathroom areas, adequate living space and a minimum habitable floor area in accordance with the following schedule:
Number of Bedrooms | Minimum habitable floor area (square feet) | |
|---|---|---|
Efficiency | 500 | |
1 | 650 | |
2 | 750 | |
3 | 1,000 | |
4 or more | 1,300 |
(9)
All dwelling units shall be soundproof to at least a forty-five-decibel limit.
(10)
Within each development, recreation areas for preschool children and school-age children shall be provided. Recreation areas for preschool children shall be fenced. Developments containing four or more acres shall be provided with open areas for active recreation and a surfaced area for court games such as basketball, tennis, handball or volleyball. Developments containing 15 or more acres shall provide open field areas for group games such as softball, soccer or football.
(11)
No structure apart from such facilities contained within the dwelling structure or underground shall be permitted in multifamily developments.
D.
Area, yard and parking requirements. The following area, yard and parking requirements shall adhere to the following standards:
(1)
Area and yard requirements. Garden apartments, townhouses and mid-rise apartments shall meet the following requirements:
(a)
Minimum requirements.
Garden Apartments | Townhouses | Mid-Rise Apartments | |
|---|---|---|---|
Lot width (feet) | 200 | 200 | 200 |
Lot depth (feet) | 150 | 100 | 100 |
Lot area (square feet) | 40,000 | 30,000 | 40,000 |
Front yard (feet) | 40 | 30 | 30 |
Each side yard (feet) | 25 | 25 | 25 |
Rear yard (feet) | 30 | 25 | 25 |
(b)
Maximum requirements.
Garden Apartments | Townhouses | Mid-Rise Apartments | |
|---|---|---|---|
Building coverage | 20% | 70% | 25% |
Density of units/acre | 10 | 9/lot* | 20 |
*NOTE: Twenty percent for collective building area for all townhouses on overall tract. |
(2)
Minimum off-street parking requirements.
(a)
Garden apartments.
Unit Type | Spaces Per Unit |
|---|---|
Efficiency | 1 1/2 |
1 bedroom | 1 1/2 |
2 bedroom | 1 3/4 |
3 or more bedrooms | 2 |
(b)
All other dwelling unit types: two spaces per dwelling unit.
(c)
For all units which qualify as housing units for the elderly under this section, the parking requirements are as follows. This requirement may be reduced by the Joint Land Use Board if in its sound discretion such reduction shall not have an adverse effect upon the Borough circulation system or upon the interior circulation system of the development.
Unit Type | Minimum Parking Spaces Per Unit | |
|---|---|---|
Garden apartment or mid-rise apartment | ||
Efficiency | 0.03 | |
One bedroom | 0.05 | |
Two bedrooms | 1 | |
Townhouse | ||
One bedroom | 0.05 | |
Two bedrooms | 0.08 | |
Three or more bedrooms | 1 | |
(3)
Minimum off-street loading requirements: not applicable.
§ 525-16 C Commercial District.
[Amended 6-15-1976 by Ord. No. 360; 8-7-1973; 4-3-1979 by Ord. No. 400; 4-7-1981 by Ord. No. 437; 8-22-2002 by Ord. No. 702; 9-7-2017 by Ord. No. 10-174-16-2020 by Ord. No. 2020-04; 6-5-2024 by Ord. No. 2024-06]
A.
Purpose. The purpose of this district is to provide areas for local and regional commercial operations. The zone district pattern recognizes the strip commercial pattern which exists along Kings Highway and the Black Horse Pike. It is intended, however, to encourage such existing uses and any new uses or redevelopment to improve upon the zoning districts of greater depth by encouraging shopping-center-type development with buildings related to each other in design, landscaping and site planning and by requiring off-street parking, controlled ingress and egress, greater building setbacks, buffer areas along property lines adjacent to residential uses and a concentration of commercial uses into fewer locations to eliminate the strip pattern.
B.
Principal permitted uses.
(1)
Offices and banks. Offices may, in addition, be permitted to a group of four or more stores, without additional parking, provided that the offices do not exceed the equivalent of 20% of the gross floor area of the stores;
(2)
Restaurants and luncheonettes for sit-down dinners only and with no drive-in facilities;
(3)
Automobile sales;
(4)
Retail sales, including but not limited to food, wearing apparel, millinery, fabrics, hardware, lumber, jewelry, paint, wallpaper, appliances, flowers, gifts, books, stationary, office supplies, periodicals and newspapers, pharmacy, liquors, cleaners, hobbies and toys, and pets;
(5)
Repair shops for shoes, jewels, clothes and appliances;
(6)
Barber shops and beauty salons;
(7)
Cleaners and laundries;
(8)
Commercial schools, employment training centers, professional and technical training centers;
(9)
Dancing, music and martial arts schools;
(10)
Preschools, day-care centers and adult day-care centers;
(11)
Conference facilities;
(12)
Car washes;
(13)
Clubs, lodges and meeting rooms of non-profit organizations;
(14)
Public parks, libraries, and public buildings;
(15)
Indoor recreation facilities;
(16)
Theaters;
(17)
Nurseries;
(18)
Taverns;
(19)
Motels;
(20)
Service stations and convenience stores with sale of petroleum products.
(21)
Tattoo/art studios.
(22)
Breweries, distilleries and winery salesrooms:
(a)
Limited licensed brewery, craft distillery and winery salesroom facilities, licensed by New Jersey as per N.J.S.A. 33:1-10(1b), (3d) and (2a), respectively, are permitted in the C Commercial Zoning District as a conditional use subject to the provisions contained in this section of the Code.
(b)
The license holder of a limited license brewery (hereafter brewery), licensed by the State of New Jersey, is permitted to brew and sell malt alcoholic beverages, as per N.J.S.A. 33:1-10(1b), at a limited license brewery in the Borough of Mount Ephraim for consumption on premises and for consumption off premises in a quantity of not more than 15.5 fluid gallons per person.
(c)
The license holder of craft distillery license (hereafter distillery) licensed by the State of New Jersey is permitted to manufacture and sell distilled alcoholic beverages as per N.J.S.A. 33:1-10(3d) for consumption on premises and for consumption off premises of not more than five liters per person.
(d)
The license holder of a plenary winery license (hereafter winery) licensed by the State of New Jersey as per N.J.S.A. 33:1-10(2a) is permitted to sell wine at retail in original packages in a winery salesroom apart from the winery premises for consumption on or off premises. Such sales may occur in a winery salesroom and also in a local restaurant.
(e)
The brewery, distillery and winery salesroom may operate for business to serve customers seven days per week. On Sundays, the brewery, distillery and winery salesroom may not conduct business by serving customers before 12:00 noon. Sunday through Thursday, the brewery, distillery and winery salesroom shall stop serving customers no later than 10:00 p.m., and on Friday and Saturday shall stop serving customers no later than 11:00 p.m. The customers in the above facilities may remain for one hour after service cut-off time to finish that which they have been served. The brewery and the distillery are permitted to manufacture their product at any time during any day.
(f)
The brewery and distillery shall not sell food or operate a restaurant on the licensed premises, including in any outdoor facility of the brewery or distillery. Pretzels, potato chips, nuts and other such ready prepared finger food snacks are not prohibited from being provided without charge.
(g)
Live entertainment is prohibited within the brewery, distillery or winery salesroom. Televisions, radios, and recorded music is permitted in compliance with the noise provisions of the Borough Code as set forth in Chapter 294 hereof.
(h)
The brewery, distillery, and winery salesroom may provide for an outdoor seating facility which shall be controlled by and adjacent to a brewery, distillery, or winery salesroom provided that the Alcohol Beverage Control (ABC) has approved such outdoor seating within the licensed premises area. Customers using the outdoor seating facility must be seated in a seat at a table in an approved location.
(i)
Brewing and distilling may occur in the basement area of the facility, provided that the basement area conditions are safe and the basement area conditions are sanitary. The statute provides for tours of the brewery and distillery; therefore, the brewing and distilling area must be safe for those who would be touring the brewery or distillery.
(j)
Plans shall be submitted that include a scale diagram of the entire interior of the brewery, distillery or winery salesroom showing the location of all receiving, storage, brewing or distilling area, servicing, seating and waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars and their respective seats or chairs.
(k)
Storage of waste materials and garbage shall be in enclosed containers; such containers shall be stored inside the main building or in a separately enclosed structure that will completely confine odors, and obstruct view of the waste/garbage.
(l)
Sale of product, tasting, storage, brewing or distilling and office support may occur on any floor.
(m)
No brewery, distillery or winery salesroom shall have in excess of 5,000 square feet of total floor area exclusive of storage area.
(n)
A system to vent brewing or distilling and other exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(o)
Brewery, distillery or winery salesroom use is to be considered the principal use of any structure and not an accessory use.
C.
Conditional use: A Class V licensed retail cannabis dispensary shall be permitted as a conditional use in this district, subject to the conditions set forth in the Mt. Ephraim Code, § 86-1.
E.
Building height. No building shall exceed 25 feet in height and two stories.
F.
Area and yard requirements. (If requirements are not provided for a specific use, the requirements for the most closely related use shall be applied.)
(1)
Minimum lot requirements.
Lot Width (feet) | Lot Depth (feet) | Lot Area (square feet) | |
|---|---|---|---|
Motels | 200 | 400 | 80,000 |
Service stations | 200 | 200 | 40,000 |
Automobile sales | 200 | 200 | 40,000 |
Offices and banks | 100 | 150 | 20,000 |
Taverns and restaurants | 100 | 150 | 20,000 |
Other retail and repair shops | 50 | 100 | 8,000 |
Convenience stores with sale of petroleum products | 200 | 200 | 40,000 |
(2)
Minimum yard requirements.
Front Width (feet) | Rear Depth (feet) | Side Area (feet) | |
|---|---|---|---|
Motels | 60 | 100 | 40 |
Service stations | 100 | 30 | 40 |
Automobile sales | 60 | 50 | 40 |
Offices and banks | 40 | 40 | 20 |
Taverns and restaurants | 40 | 40 | 20 |
Other retail and repair shops | 25 | 15 | 10 |
Convenience stores with sale of petroleum products | 100 | 30 | 40 |
(3)
Maximum building coverage.
(percent) | |
|---|---|
Motels | 30% |
Service stations | 20% |
Automobile sales | 25% |
Offices and banks | 20% |
Taverns and restaurants | 20% |
Other retail and repair shops | 30% |
Convenience stores with sale of petroleum products | 30% |
G.
Minimum off-street parking. (If requirements are not provided for a specific use, the requirements for the most closely related use shall be applied.)
(1)
One space per each 600 square feet of gross floor area for offices and banks.
(2)
Six spaces plus one for each lift or bay for service stations, which spaces shall be separated from the general driveway and service areas around the gasoline and air pumps.
(3)
One space for each three seats in a tavern or restaurant.
(4)
One space for each 1.5 motel units.
(5)
Space equivalent to the showrooms for automobile sales.
(6)
Six spaces per 1,000 square feet of gross floor area for retail and repair shop uses, or the equivalent proportion for uses with less floor area, but in no case less than four spaces.
(7)
Buildings containing more than one use shall provide parking equal to the sum of the various parking requirements, except that shopping centers with six or more separate stores or buildings may provide parking on a basis of not less than 5.5 parking spaces for each 1,000 square feet of gross floor area or fraction thereof.
(8)
One space for each vehicle operated by the use from the site separate from the other off-street requirements.
H.
Minimum off-street loading. At least one space for each use shall be provided. Each loading space shall be located so that vehicles either parked or maneuvering into a space do not obstruct other parking spaces, driveways, aisles, fire lanes, streets or sidewalks.
I.
Signs.
(1)
Each business use may have one lighted sign of either a wall type or a freestanding type. Said sign shall not exceed a height of 12 feet, nor shall any sign be larger than 24 square feet or the equivalent of 10% of the area of the front of the building, whichever is smaller.
J.
Buffers.
(2)
Property lines serving as zoning district lines with residential districts shall have a minimum buffer area 15 feet wide along the entire property line serving as the district line. This buffer area shall be densely landscaped and improved with at least three different types of evergreens to produce a visual screen not less than eight feet high, year-round. This requirement shall not preclude the use of fencing, annual or perennial plants and flowers or similar plants in addition to the above in order to provide a better buffer area.
(3)
The above buffer areas shall be considered minimum requirements for the specific purpose of minimizing the transition from a commercial area to a residential area. Other landscaping on the site is also required as outlined in Chapter 495, Site Plan Review.
(4)
A minimum buffer area, with a width of 10 feet along the rear property line planted with evergreens spaced a minimum of five feet on center, which will provide a visual screen within five years, with a variety of plant types producing various heights and widths of plants at maturity, shall be required for townhouses.
K.
Portable or temporary structures for conduct of business.
(1)
No structure or building of a portable nature or vehicle of any kind shall be permitted to be located at or operated upon any lot in the Commercial District for the purpose of selling food, merchandise or commodities of any kind.
(2)
No stands of any kind or temporary building, trailer, vehicle, outbuilding, shack or tent for the conduct of business shall be permitted in the Commercial District.