Borough of Gibbsboro, NJ Article I Title; Purpose; Definitions

§ 400-1 Title.

This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Gibbsboro."

§ 400-2 Purpose.

The purpose of this chapter is to encourage the most appropriate use of land throughout the Borough; to conserve and stabilize the value of property; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to facilitate adequate provisions for community utilities and facilities, such as transportation, water, sewerage, schools, parks and other public requirements; to provide adequate open spaces for light and air; to promote health, safety, morals and general welfare; and to accomplish such other projects and purposes of zoning as are now and may be hereinafter set forth in the enabling legislation. For this purpose, this chapter designates, regulates and restricts the location and use of buildings, structures and of stories and size of buildings and other structures hereafter erected or altered; regulates and determines the size of yards and other open spaces; and regulates and limits the density of population. In order to effect this purpose, the Borough is divided into zoning districts of such number, shape and area as may be deemed best to carry out this chapter.

§ 400-3 Definitions and word usage.

[Amended 2-15-1983 by Ord. No. 83-1[1]]

A. Word usage. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; and the word "use" includes the words "arranged," "designed" and the phrase "intended to be used."

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE OR BUILDING

A subordinate use or building, the purpose of which is customarily incidental to that of the principal use or building and on the same lot.

ACREAGE, GROSS

The complete and entire acreage of property included within the property boundaries, including any property submerged under water or within an area of floodplain, wetland or other area designated as open space, or otherwise restricted, but excluding any land within rights-of-way or their future rights-of-way and any land without development rights.

[Added 8-26-1992 by Ord. No. 92-13]

ACREAGE, NET

The acreage of a site or development area not including existing or proposed rights-of-way or reserved open space areas.

[Added 8-26-1992 by Ord. No. 92-13]

AGE-RESTRICTED COMMUNITY

A residential development including accessory buildings and required or permitted social, cultural or recreational facilities limited to certain age groups conforming to 24 CFR Part 100, Subpart E, Housing for Older Persons, of the Federal Fair Housing Amendments Act of 1988 as it may be amended or superseded.

[Added 5-24-1995 by Ord. No. 95-4]

ALTERATIONS

As applied to a building or structure, a change or rearrangement in the structure parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing the height or by moves from one location to another.

ASSISTED LIVING RESIDENCE

A facility which is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor.

[Added 12-15-2003 by Ord. No. 2003-18]

BASEMENT

A story partly underground and having less than 2/3 of its height above the average level of the finished grade at the front of the building.

BUFFER

A strip of land of designated width designed to protect adjacent, incompatible uses or environmentally sensitive areas.

[Added 4-15-1986 by Ord. No. 86-6[2]]

BUILDING

Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.

BUILDING AREA

The total of the areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face less than three feet above the level of the ground from which the height of the building is measured.

BUILDING COVERAGE

The horizontal square footage by which all buildings occupy a lot as measured by a vertical plane established by the outside edge of the surface of an exterior wall and the drip edge of a roof of all roofed structures.

[Added 8-26-1992 by Ord. No. 92-13; 2-18-2014 by Ord. No. 2014-01]

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished grade at the front of the building to the highest point of the roof.

BUILDING LINE

The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located, or any line which establishes the minimum depth of the required front yard as measured from the street line.

[Amended 2-15-1983 by Ord. No. 83-1]

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act., P.L. 2021, c. 16 (N.J.S.A. 24:6I-1 et seq.) for use in cannabis products, and medical cannabis intended for consumption by registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); but shall under no circumstance include marijuana as defined in N.J.S.A. 2C:35-27 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in section of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. A cannabis cultivator that is also licensed to sell cannabis and cannabis products to the public outside Gibbsboro shall nevertheless be permitted to engage in cannabis cultivation in Gibbsboro. A cannabis cultivator requires a Class 1 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS DELIVERY

Businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer. A cannabis delivery service requires a Class 6 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS DISTRIBUTOR

Any licensed person or entity involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another. A cannabis distributor requires a Class 4 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS ITEM

Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin including any form of medical cannabis intended for consumption by registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.).

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS MANUFACTURE

The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. A cannabis manufacturer that is also licensed to sell cannabis and cannabis products to the public in locations outside Gibbsboro shall nevertheless be permitted to engage in cannabis manufacturing in Gibbsboro. A cannabis manufacturer requires a Class 2 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS PRODUCT

A product containing usable cannabis, cannabis extract, or any other cannabis resin, and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS RETAILER

Any licensed person or entity operating location(s) at which cannabis items and related supplies are sold to consumers. A cannabis retailer entity requires a Class 5 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CANNABIS WHOLESALER

Any licensed person or entity involved in obtaining and selling cannabis items for later resale by other licensees. A cannabis wholesaler requires a Class 3 New Jersey license to operate.

[Added 8-17-2021 by Ord. No. 2021-07]

CERTIFICATE OF OCCUPANCY

A certificate issued by the Building Subcode Official and endorsed by the Zoning Inspector upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment, and all other applicable requirements have been complied with.

[Amended 5-18-1982 by Ord. No. 82-2]

COMPREHENSIVE PERSONAL CARE HOME

A facility which is licensed by the New Jersey Department of Health and Senior Services to provide room and board and to assure that assisted living services are available when needed, to four or more adults unrelated to the proprietor.

[Added 12-15-2003 by Ord. No. 2003-18]

CONSERVATION DISTRICT

Any area of wetlands, lake or stream, plus the accompanying buffer, or any area of floodplain or steep slopes as designated on the Zoning Map or Master Plan.

[Added 4-15-1986 by Ord. No. 86-6[3]]

CONTIGUOUS

Next to, abutting or touching and having a boundary or portion thereof which is coterminous. For the purpose of this definition, land divided by a public street shall not be contiguous.

[Added 7-11-1990 by Ord. No. 90-10]

COVERAGE, BUILDING

The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

[Added 7-11-1990 by Ord. No. 90-10]

COVERAGE, LOT

The horizontal area of a lot covered by an impervious surface.

[Added 7-11-1990 by Ord. No. 90-10]

DENSITY, GROSS

The number of dwelling units per acre of land calculated by dividing the total number of units by the gross acreage of property included within an application for development.

[Added 8-26-1992 by Ord. No. 92-13]

DENSITY, NET

The number of dwelling units per acre of land calculated by dividing the total number of units by the net acreage of the proposed development or the appropriate component of the proposed development.

[Added 8-26-1992 by Ord. No. 92-13]

DEVELOPABLE LAND

Land exclusive of watercourses, tides, freshwater wetlands and their buffers pursuant to N.J.A.C. 7:7A, aquifer recharge areas, easements and rights-of-way and slopes in excess of a fifteen-percent grade over 50 horizontal feet.

[Added 8-26-1992 by Ord. No. 92-13]

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

[Added 8-26-1992 by Ord. No. 92-13]

DWELLING UNIT

[Amended 7-21-1987 by Ord. No. 87-11; 8-26-1992 by Ord. No. 92-13]

A structure, or an entirely self-contained portion thereof, which is designed for and occupied principally as a place of residence. A dwelling must be suitable for year-round occupancy and must contain facilities for cooking, sleeping, bathing and human sanitation which are for the exclusive use of the occupants of the dwelling.

(1) SINGLE-FAMILY DETACHED A building not attached to any other on a lot designed and occupied exclusively as a residence for one family. "Single-family detached" shall include the term "one-family."

(2) TWO-FAMILY A detached building designed and occupied exclusively as residences for two families. Semidetached and duplex buildings are examples of two-family dwellings.

(3) SINGLE-FAMILY SEMIDETACHED A two-family residential building with the two dwelling units attached to each other by means of a vertical common wall.

(4) DUPLEX A two-family residential building with one dwelling unit wholly or partially above the other.

(5) MULTIFAMILY A dwelling located in a structure containing more than two such dwellings. Townhouses and garden apartments are examples of multifamily dwellings.

(6) GARDEN APARTMENT A multiple-dwelling building within which individual units are attached above, below, side by side or back to back with other units.

(7) TOWNHOUSE A multiple-dwelling building within which individual single-family attached or semidetached units, with one unit from ground to roof, are attached side-by-side with other units by means of a common vertical wall.

FAMILY

One or more persons in a single housekeeping unit sharing living and cooking responsibilities.

[Amended 8-26-1992 by Ord. No. 92-13]

FLOODPLAIN

The one-hundred-year floodplain as delineated by the Federal Emergency Management Agency on the Flood Boundary and Floodway Map and on the Flood Insurance Rate Map for the Borough of Gibbsboro as Zone A. The one-hundred-year floodplain is the area inundated by the floodwaters during a flood which has a one-in-one-hundred chance of being equaled or exceeded in any given year.[4]

[Added 4-15-1986 by Ord. No. 86-6]

FLOOR AREA

The sum of gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not to include interior parking spaces, loading space for motor vehicles, any area where the floor-to-ceiling height is less than 6 1/2 feet or accessory buildings not intended for human habitation.

[Added 8-26-1992 by Ord. No. 92-13]

FLOOR AREA RATIO (FAR)

The sum of the gross floor area of all buildings on a tract divided by the gross acreage of the site.

[Added 8-26-1992 by Ord. No. 92-13]

GARAGE

(1) PRIVATE A building or space used as an accessory to the building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

(2) PUBLIC A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or where any such vehicles are kept for hire.

GASOLINE FILLING STATIONS

Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, oil or lubricating substance and which may include the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned development pursuant to N.J.S.A. 40:55D-45.1 through 40:55D-45.8.

[Added 8-26-1992 by Ord. No. 92-13]

GROSS FLOOR AREA

[Repealed 8-26-1992 by Ord. No. 92-13[5]]

HOME OCCUPATION

A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the use of the dwelling for living purposes and does not change the character thereof or involve the use of mechanical equipment other than that customarily used for purely domestic or hobby purposes. A home occupation shall not be interpreted to include the following: a barber- or beauty shop or hair stylist, and a tearoom, tourist home, convalescent home, stable or kennel or any use involving retail sales of goods to the general public or external storage of materials is prohibited.

[Added 2-15-1983 by Ord. No. 83-1]

HOTEL

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities. See also "motel."

[Added 8-26-1992 by Ord. No. 92-13]

HOUSEHOLD PET

A domesticated animal kept for pleasure rather than utility, which customarily lives within a dwelling with its owner. Examples include but are not limited to dogs, cats, canaries and goldfish. Animals which do not customarily live within a dwelling such as chickens, ducks, pigs and undomesticized wildlife are not considered pets for the purposes of this chapter.

[Added 2-15-1983 by Ord. No. 83-1]

IMPERVIOUS SURFACE

Any material which prevents the absorption of stormwater and reduces the percolation rate of previously undeveloped land to less than one inch in 120 minutes; any surface constructed of Portland cement or bituminous concrete (asphalt); swimming pools; and any surface deemed to be an impervious surface by the NJ Department of Environmental Protection in the calculation of stormwater runoff.

[Added 7-11-1990 by Ord. No. 90-10; amended 2-18-2014 by Ord. No. 2014-01]

INCLUSIONARY DEVELOPMENT

A residential development in which at least 10% of the units are reserved for low-income households as defined by the New Jersey Council on Affordable Housing and in which 10% of the units are reserved for moderate-income households as defined by the New Jersey Council on Affordable Housing.

[Added 7-21-1987 by Ord. No. 87-11]

JUNKYARD or SALVAGE YARD

Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of not more than three disabled vehicles in conjunction with a public garage shall not be considered a junkyard.

LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not to include medical diagnostic testing or manufacturing for the sale of products, except as incidental to the main purpose of the laboratory.

[Added 3-9-2005 by Ord. No. 2005-3]

LANDSCAPE BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the planting of trees, shrubs, fences and/or berms, designed to continuously limit the view of and/or sound and light from the site to adjacent sites or properties, which buffer contains both landscape screens and open ground. "Landscape buffer" shall include the term "buffer."

[Added 8-26-1992 by Ord. No. 92-13]

LANDSCAPE SCREEN

An area within a property or site, either consisting of natural existing vegetation or created by the planting of trees, shrubs, fences and/or berms, designed to provide a visual screen to shield from view such activities as surface parking areas, loading and service areas and trash and recycling collection facilities.

[Added 8-26-1992 by Ord. No. 92-13]

LOT

A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of the subdivision of which the lot is a part.

(1) LOT AREA An area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

(2) LOT AREA, AVERAGE The sum of the square footage of all residential lots in a subdivision divided by the total number of lots.

[Added 8-26-1992 by Ord. No. 92-13]

(3) LOT, CORNER A parcel of land at the junction of and fronting on two or more intersecting streets.

(4) LOT COVERAGE The area of a lot covered by the total of all impervious surfaces.

[Amended 2-18-2014 by Ord. No. 2014-01]

(5) LOT, DEPTH OF The mean distance from the street line to the rear lot line measured at right angles to a line drawn through the intersection of the side lot lines and the street lines.

(6) LOT FRONTAGE A lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, the lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the lot frontage.

(7) LOT, INTERIOR A lot other than a corner lot.

(8) LOT WIDTH The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.

MANUFACTURE

To undertake the mechanical or chemical transformation of materials and substances into new products, including the assembling of component parts, the creation of products and the blending of pellets, viscous liquids and liquids.

[Added 8-17-2021 by Ord. No. 2021-07]

MOTEL

An establishment providing transient accommodation with at least 25% of all rooms having direct access to the outside without the necessity of passing through a main lobby of a building.

[Added 8-26-1992 by Ord. No. 92-13]

NONCONFORMING BUILDING

A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot or parcel which does not have the minimum width or contain the minimum area for the zone in which it is located or the use of which it is being put.

NONCONFORMING USE

Use of a building or of land that does not conform to the regulations of the zone in which it is located.

OCCUPANCY

The specific purpose for which land or a building is used, designed or maintained.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

[Added 7-11-1990 by Ord. No. 90-10]

OPEN SPACE, COMMON

Land within or related to a development, not individually owned, which is designed and intended for the common use or enjoyment of residents and owners of the development and which may include such complementary structures and improvements as are necessary and appropriate.

[Added 8-26-1992 by Ord. No. 92-13]

OPEN SPACE, PUBLIC

An open space area conveyed or otherwise dedicated to the Borough of Gibbsboro or an authorized municipal agency or land trust, the Board of Education, Camden County, the State of New Jersey or other public body for recreational or conservational uses.

[Added 8-26-1992 by Ord. No. 92-13]

PARKING AREA

Any public or private land area designed and used for temporarily storing motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets, but excluding the means of access thereto.

[Added 8-26-1992 by Ord. No. 92-13]

PARKING LOT, COMMERCIAL

Any lot which is devoted to the parking of automobiles in return for a fee which is not directly operated by a use permitted in the zone in which located.

PARKING SPACE

[Repealed 2-15-1983 by Ord. No. 83-1]

PLANNED RESIDENTIAL DEVELOPMENT

An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity and containing one or more residential clusters, pursuant to N.J.S.A. 40:55D-39c.

[Added 7-11-1990 by Ord. No. 90-10]

PLANNED UNIT DEVELOPMENT

An area of a minimum contiguous size, as specified by ordinance, to be developed as a single entity according to a plan, containing one or more residential clusters or planned residential developments and one or more public, quasi-public or commercial areas in such ranges or ratios as otherwise specified in this chapter, pursuant to N.J.S.A. 40:55D-39c.

[Added 8-26-1992 by Ord. No. 92-13]

PLANNING BOARD

The Planning Board of the Borough.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which the building is situated.

PROFESSIONAL OFFICE

The office of a physician, lawyer, dentist, architect, professional engineer, theologian or similar member of a recognized profession who customarily has offices in the dwelling in which such person resides, but not including an office such as a real estate office, accountant's office, insurance office or other office permitted only in commercial districts.

[Amended 2-15-1983 by Ord. No. 83-1]

RECREATION, ACTIVE

Leisure-time activities, usually of a formal nature and performed with other participants, typically requiring equipment and taking place at prescribed places, sites or fields.

[Added 8-26-1992 by Ord. No. 92-13]

RECREATION, PASSIVE

Any leisure-time activity not considered active.

[Added 8-26-1992 by Ord. No. 92-13]

RESTAURANT

An establishment where food and drink is prepared, served, and consumed primarily within the principal building.

[Added 8-26-1992 by Ord. No. 92-13]

SHED

An accessory building not for human occupation used for storage purposes.

[Added 5-11-2005 by Ord. No. 2005-6]

SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, and provisions for goods' delivery separated from customer access, for aesthetic considerations and for protection from the elements.

[Added 8-26-1992 by Ord. No. 92-13]

SIGN

Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

SIGN, AREA OF

The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. Slope shall be measured by dividing a horizontal base line by the vertical distance and expressing the result as a percentage.

[Added 5-12-1993 by Ord. No. 93-14]

STEEP SLOPES

Any change in elevation exceeding 15% over 50 horizontal feet.

[Added 4-15-1986 by Ord. No. 86-6;[6] amended 5-12-1993 by Ord. No. 93-1 [7]]

STORY

That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor is six feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story, and if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story.

STREAM

A natural or man-made waterway, including intermittent streams which flow for only part of the year and perennial streams, as mapped on the United States Geological Survey Clementon Quadrangle Topographic Map.

[Added 4-15-1986 by Ord. No. 86-6[8]]

STREET

A public thoroughfare which has been or will be dedicated or deeded to the public for public use and which has been improved and accepted in accordance with Borough regulations.

STREET LINE

That line determining the limit of the highway rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STRUCTURE

A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, swimming pools, both permanent and portable, but not the wading pool as defined in Chapter 364, Swimming Pools, and fences.

[Amended 7-21-1981 by Ord. No. 81-4]

TAVERN

An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as an accessory activity to the primary use.

[Added 8-26-1992 by Ord. No. 92-13]

TRACT

An area of land consisting of one of more contiguous lots which is the subject of an application for development.

[Added 8-26-1992 by Ord. No. 92-13]

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it may be occupied or maintained.

WETLAND

[Added 4-15-1986 by Ord. No. 86-6[9]]

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. The wetlands regulated by this chapter are those delineated in the Conservation Element of the Master Plan of Gibbsboro.

YARD

(1) FRONT An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. "Setback line" shall be synonymous with the rearmost limit of the required front yard space.

(2) REAR A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.

(3) SIDE An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard will be measured at right angles to the lines of the lot.

ZONING PERMIT

A document signed by the Zoning Officer:

[Added 5-25-2005 by Ord. No. 2005-9]

(1) Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

(2) Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency.

[2] Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.

[3] Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.

[4] Editor's Note: See Ch. 196, Flood Damage Prevention.

[5] Editor's Note: Pursuant to Ord. No. 92-13 which added this definition and deleted the definition of "gross floor area," references throughout this chapter to "gross floor area" have been amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II) to change them to "floor area."

[6] Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[8] Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.

[9] Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.

[1] Editor's Note: This ordinance amended this section to include a "Sketch Plan Defining Zoning Ordinance Area and Bulk Regulations Terms," which sketch is included at the end of this chapter.