A.
No building shall be erected and no existing building
shall be moved, structurally altered, added to or enlarged or rebuilt,
nor shall any land be designed, used or intended to be used for any
purpose other than those included among the uses listed as permitted
uses in each zone by this chapter and meeting the requirements as
set forth; nor shall any open space contiguous to any building be
encroached upon or reduced in any manner, except in conformity with
the yard, lot area, building location, percentage of lot coverage,
off-street parking space and such other regulations designated in
the schedule and this chapter for the zone in which such building
or space is located. In the event of any unlawful encroachment or
reduction, the building shall be deemed to be in violation of the
provisions of this chapter, and the certificate of occupancy for such
building shall therefore become null and void.
[Amended 6-21-1983 by Ord. No. 83-10]
B.
The provisions of this chapter shall not apply to
utility distribution or collection lines for water, gas, sewerage,
electric and telephone services which are located in a public street
or which provide service to private property.
C.
Every principal building shall be built upon a lot with frontage upon a public street which has been improved in accordance with the appropriate Borough standards or for which such improvement has been insured by the posing of a performance guaranty pursuant to Chapter 358, Subdivision of Land.
D.
No lot shall have erected upon it more than one principal
residential building.
E.
Off-street parking and loading.
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Off-street parking facilities, together with necessary
passageways and driveways, shall be provided for all uses of the land
(other than vacant land) as provided for herein.
(a)
Standards.
[1]
Parking areas shall be surfaced with a dustless,
durable, all-weather pavement; clearly marked for car spaces, except
when provided in connection with one-family and two-family uses; and
shall be adequately drained, subject to the approval of the Borough
Engineer.
[2]
Parking facilities may be located in yard space,
but shall not be closer than 20 feet to any street line, except when
provided in conjunction with one-family and two-family residential
uses.
[3]
The collective provision of off-street parking
facilities by two or more buildings or uses located on adjacent lots
is permitted, provided that the total of such off-street parking facilities
shall not be less than the sum of the requirement for the various
individual uses computed separately in accordance with the standards
contained in this chapter, and further provided that the land is owned
by one or more of the collective uses.
[4]
Parking areas and driveways required for commercial
or industrial uses shall be adequately illuminated during operating
hours which occur after sunset. Any adjacent residential zones shall
be adequately shielded from the glare of the illumination and that
of automobile headlights.
[5]
Every parking space, outdoors or in a garage,
shall be a minimum of 10 feet wide and 20 feet long for each motor
vehicle, except as noted below. A maximum of 10% of all required spaces
for any one use may be nine feet wide and 18 feet long, if clearly
marked "FOR SMALL CARS ONLY." The required parking area shall be measured
exclusive of interior driveways or maneuvering areas.
[6]
An off-street parking facility existing at the
effective date of this subsection shall not subsequently be reduced
to an amount less than required under this chapter for a similar new
building or new use. An off-street parking facility provided to comply
with the provisions of this chapter shall not subsequently be reduced
below the requirements of this chapter.
[7]
Every parking lot shall be subject to the following
buffer requirements:
[a]
In the case of a parking lot which
is accessory to a permitted use and which has facilities for three
or more automobiles, any boundary or property line which abuts a residential
district or a lot used for residential purposes shall be screened
from the adjacent property by a buffer planting strip not less than
five feet in width, except where the Planning Board shall determine
that such screening is not necessary or practicable. Any buffer requirement
of this section shall be subject to any more stringent requirements
of the district in which such lot is located.
[b]
In the case of a parking lot which
is a main use, such lot shall be enclosed, except for entrances or
exits, by an ornamental fence or wall or by a compact evergreen hedge
not less than three feet in height, except where the boundary of such
parking lot is an adjoining building, in which case vines shall be
planted to grow on the building wall subject to permission by the
owner of the building in order to prevent graffiti.
[c]
Any single parking lot with 50
or more spaces shall utilize at least 5% of its area in landscaping,
which shall be in addition to the open area requirement of the district.
(b)
Requirements. Subject to the general requirements
for off-street parking, off-street parking space, with proper access
from a street, alley or driveway, shall be provided in all districts
in the amounts indicated below. Such parking space shall be provided
on any lot on which a dwelling is hereafter erected or converted or,
in the case of any other use, on or near the lot on which any main
building is hereafter erected or converted. In no case shall the number
of parking spaces provided or the area devoted to parking be less
than the minimum requirements of this section. Where standards are
provided for employee parking, they shall be calculated on the basis
of the estimated peak shift employment.
|
Use
|
Minimum Required Off-Street Parking Spaces
| |
|---|---|---|
|
Residences
[Repealed 7-21-1987 by Ord. No. 87-11] | ||
|
One- and two-family dwellings
[Added 7-21-1987 by Ord. No. 87-11] |
2 per dwelling unit
| |
|
Multifamily dwellings
[Added 7-21-1987 by Ord. No. 87-11] |
1.5 per dwelling unit
| |
|
Tourist, rooming or boarding house
|
1 for each rental room, plus 2 for the resident
family
| |
|
Hotel, motel or inn
|
1 for each rental room or suite plus 1 for every
2 employees. If a restaurant in connection with such a use is open
to the public, the off-street parking facilities for such restaurant
shall be calculated as required for a restaurant and shall be in addition
to that required for the hotel
| |
|
Restaurant
[Amended 6-23-2004 by Ord. No. 2004-7] |
1 for every 3 seats devoted to patron use plus
one for each employee
| |
|
Taverns and bars
[Amended 6-23-2004 by Ord. No. 2004-7] |
1 for every 24 linear inches of serving counter,
one for every two seats devoted to patron use not at a serving counter,
plus one for each employee
| |
|
Theater, church, lodge, meeting place, etc.
|
1 for every 4 fixed seats or, where the capacity
is not determined by the number of fixed seats, 1 for each 60 square
feet of floor area devoted to patron use
| |
|
Day-care center, nursery, elementary and junior
high schools
|
1 per employee
| |
|
High schools and colleges
|
5 per classroom
| |
|
Retail stores, shopping center
|
1 for each 200 square feet of floor area, exclusive
of basement areas, not used for sale or display of merchandise, plus
1 for each employee
| |
|
Office, office building or bank
|
1 for each 200 square feet of floor area, exclusive
of basement if not used for office purposes
| |
|
Personal service establishments
|
1 for each 200 square feet of customer service
area in addition to 1 for each employee
| |
|
Wholesale establishment or industrial building
|
1 for each 500 square feet of floor area, exclusive
of basement areas not used for the sale or display of merchandise
or manufacturing
| |
|
Warehouse
|
1 for each 1,000 square feet of floor area
| |
|
Gasoline service station or public garage
|
2, either within or without the structure, for
each 200 square feet of floor or ground area devoted to repair, sales
or service facilities and, in addition, such space as is necessary
for vehicles purchasing gasoline or being stored. In no case shall
the spaces for permitted motor vehicle storage in conjunction with
a service station be less than 5.
| |
|
Hospital, sanatorium or nursing home
|
1 for each 600 square feet of floor area, exclusive
of basement areas not devoted to patient use or living quarters of
student nurses or 1 for each 2 patient beds, whichever is the greater
| |
|
Bowling alley
|
4 for each lane
| |
|
Funeral home
|
1 for each 100 square feet of floor area devoted
to assembly room purposes
| |
|
Public recreation use
|
1 for each 1 acre devoted to such use
| |
|
Building or use, other than specified above
|
For any building or open area used for a purpose
not covered above, at least 1 for each 1,000 square feet of floor
area or lot area, whichever is the larger, except when otherwise authorized
by the Zoning Board of Adjustment as a special exception consistent
with the principles set forth herein for comparable buildings
| |
|
Comprehensive personal care home or assisted
living facility
[Added 12-15-2003 by Ord. No. 2003-18] |
1 for each 10 beds plus 1 for each employee
on the largest shift
| |
(2)
Off-street loading and unloading regulations.
(a)
Standards.
[1]
Off-street loading and unloading space(s) with
proper and safe access from a street or alley shall be provided on
each lot used for commercial or other purposes where it is deemed
that such facilities are necessary to adequately serve any such use
within the district. All such loading and unloading spaces shall be
located at the rear of the building. Each loading and unloading space
shall:
[a]
Be at least 14 feet wide, 60 feet
long and shall have at least a fifteen-foot vertical clearance.
[b]
Have a sixty-foot maneuvering area.
[c]
Have an all-weather surface to
provide safe and convenient access during all seasons.
[d]
Not be constructed in a front yard
or between a street right-of-way line and a building line.
[2]
Required off-street parking space (including
aisles) shall not be used for loading and unloading purposes, except
where night loading or other satisfactory arrangements are made for
hours when business operations are suspended.
[3]
Loading and unloading facilities shall be designed
so that trucks need not back in or out on or park in any public right-of-way.
[4]
No truck shall be allowed to stand in a right-of-way
or automobile parking area (including aisles) during any time in which
any such area is used for parking or in any way to block the flow
of persons or vehicles.
(b)
Requirements. The number of loading and unloading spaces shall in all cases be adequate for a proposed use, and each such space shall comply with the standards in Subsection E(2)(a) of this section. In any case where a commercial or other use is subject to review or approval by the Zoning Board of Adjustment or the Planning Board, the number of spaces provided shall be approved by the Board.
F.
The limitations on signs as set forth by this chapter
shall not apply to any sign or directional device erected by the federal,
state, county or Borough government or agency thereof, nor to any
"no trespassing" sign erected in accordance with the applicable statutes
of the State of New Jersey.
G.
The limitations on sign area as set forth by this
chapter for the business and light industry zones shall not apply
to parking lot markers, directional signs and entrance and exit signs
which are erected on the premises, provided that each sign does not
exceed two square feet in area and does not contain any advertising
of the use on the premises, and further provided that the number and
location of the signs are approved by the Planning Board.
H.
No sign limitations, including size and zone, shall
apply to temporary signs erected for not more than 30 days by a regularly
organized church, fire company, political party, charity or civic
association.
I.
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 method of connecting the principal and accessory buildings. Detached accessory buildings shall be located to the rear of the front building line of the principal building, and if located in a side yard, shall conform to the side yard requirements for principal buildings, except as may be permitted in § 400-10, Sheds.
[Amended 7-21-1981 by Ord. No. 81-4; 5-11-2005 by Ord. No.
2005-6]
J.
No yard or other open space provided about any buildings
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building.
K.
In the case of irregularly shaped lots, the minimum
lot width requirements shall be measured at the rear line of the required
front yard area, provided that in no case shall the frontage of the
distance between side lot lines be reduced to less than 50% of the
minimum frontage requirement.
[Amended 6-21-1983 by Ord. No. 83-10]
L.
All yard areas facing on a public street shall be
considered as front yards and shall conform to the minimum front yard
requirements for the particular zone.
M.
At the intersection or interception of two or more
streets, no hedge, fence or wall, other than a single post or tree
not exceeding one square foot in cross-section area, which is higher
than three feet above curb level, nor any obstruction to vision shall
be permitted in the triangular area formed by the intersecting street
lines and a line joining points each 30 feet distant from the intersection
along the street lines.
N.
Corner lots shall provide the minimum front yard requirements
for the respective zone for both intersecting streets.
O.
Where a building or lot has frontage upon a street
which on the Master Plan or Official Map of the Borough is contemplated
for right-of-way widening, the required front yard shall be measured
from such proposed future right-of-way line.
P.
The keeping or raising of any animals other than common
household pets for the purpose of selling or renting such animals
(either dead or alive) or their by-products is prohibited in all zones
of the Borough.
[Amended 2-15-1983 by Ord. No. 83-1]
Q.
The keeping or maintaining for noncommercial purposes
of any animal other than a common household pet is permissible only
when all of the following conditions are met:
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
The animal is housed in a stable or suitable shelter
which is located on a tract of land of two acres or more in size.
(2)
No portion of the stable or suitable shelter shall
be nearer than 150 feet to the property line or to a building occupied
by any human being.
(3)
The stable or suitable shelter and appropriate exercise
area for the animal shall be surrounded by a fence suitable to contain
the animal. The fence shall be no less than four feet in height and
shall be constructed from split rail, four-board posts or an equivalent
fencing, also wire fencing and other suitable fencing.
(4)
One horse or pony will be permitted for every two
acres.
R.
Satellite disc antennas. Satellite disc antennas shall
be subject to the following:
[Added 11-14-1983 by Ord. No. 83-20]
(1)
The installation of satellite disc antennas shall
be limited to the rear yard of any property such that it not be visible
from the street.
(2)
Any antenna installed shall not be any larger than
12 inches in diameter.
(3)
A site plan shall be approved by the Planning Board
of the Borough of Gibbsboro showing the exact location of the antenna
and the distances from all structures on the property where proposed
to be installed.
(4)
The installation shall be at least 10 feet from all
structures and 15 feet from all property lines and shall not encroach
upon any setback requirement of the zoning district in which it shall
be situated.
(5)
All installations shall be required to provide shrubbery
or other screening so as to not detract from the aesthetics of the
area.
S.
Area, yard and frontage requirements for special lots.
[Added 12-15-2003 by Ord. No. 2003-18]
(1)
Dedication of public open space. Where a tract of
land has been subdivided and the subdivided portion dedicated to the
Borough of Gibbsboro for open space purposes, the calculation of density,
lot coverage and impervious surfaces for the remainder lot shall include
the entire tract area prior to its subdivision for open space purposes.
(2)
Corner lot. A corner lot shall be considered to have
two front yards, one side yard and one rear yard. The rear yard shall
be considered the yard area opposite the front yard established by
the front door to the building. Houses angled on the lot where the
front door faces an intersection shall be assigned side and rear yards
at the time of zoning permit issuance by the Zoning Officer. In the
event that a residential corner lot abuts three rights-of-way, the
front yards shall be considered those fronting on the residential
access or residential subcollector street. The rear yard shall be
considered that portion of the lot abutting an arterial or collector
street.
(3)
Reverse frontage lots. Lots which have frontage on
both a residential access or subcollector street and another street
shall establish the front yard facing the interior lowest order street
and the rear yard abutting the higher order street. The minimum lot
frontage for any lot shall be met by the lowest order street.
(4)
Minimum lot size for nonsewered lots. Any single-family
residential detached use proposed to be constructed without connection
to a public sanitary sewer shall meet the minimum lot size requirements
of the R-40 District regardless of the designated zone.
[Amended 6-19-1979 by Ord. No. 79-6; 9-20-1983 by Ord. No.
83-18; 7-21-1987 by Ord. No. 87-11; 3-9-2005 by Ord. No. 2005-3]
All uses not expressly permitted in this chapter
are hereby prohibited, with the following uses specifically prohibited:
A.
Drive-in restaurants. The construction or use of any
premises for a drive-in restaurant in the Borough is prohibited. A
"drive-in restaurant" is defined as any structure which has for its
principal or auxiliary use the retail sale of prepared food to be
consumed in motor vehicle parking areas adjacent to or constituting
part of the premises.
B.
OTP District. In the Office/Technical Park District,
warehousing as a principal use, personal and household storage, medical
diagnostic testing laboratories, medical clinics, the offices of medical
and veterinarian practitioners shall be prohibited.
C.
It is prohibited in any and all zones of the Borough
of Gibbsboro any adult bookstores, businesses showing X-rated movies
or indecent or obscene live acts, massage parlors and other businesses
dealing primarily with indecent or obscene matters, acts or paraphernalia.
D.
All zones. In any and all zones of the Borough of
Gibbsboro any stores or businesses selling or dealing in any manner
with drug paraphernalia or other products associated with or incident
to the use of drugs are prohibited.
E.
Mining operations. Mining operations of any kind, matter and description, including strip mining, surface mining or subsurface mining, are prohibited in any and all zones of the Borough. "Mining" is defined as the cumulative removal of more than 1,500 cubic yards of material from any site. Cumulative removal of less than 1,500 yards shall be made pursuant to Chapter 335, Soil Removal, of the Code of the Borough of Gibbsboro, as amended.
F.
Cannabis cultivator (NJ Class 1), cannabis manufacturer (NJ Class
2), cannabis wholesaler (NJ Class 3), cannabis distributor (NJ Class
4), cannabis retailer (NJ Class 5), and cannabis delivery (NJ Class
6), businesses and enterprises are hereby prohibited in the AR-1,
AR-2, R-10, R-15, R-40, RLM, R-TH, PO, OR, OTP, and SCO districts.
[Added 8-17-2021 by Ord.
No. 2021-07]
[Added 7-21-1981 by Ord. No. 81-4]
A.
Restrictions on height.
(1)
No fence hereafter erected, altered or reconstructed, except to enclose a swimming pool pursuant to Chapter 364 of the Code of the Borough of Gibbsboro, in any zone in the Borough may exceed four feet in height above the curb level when located within 25 feet of the intersection of two street lines.
(2)
No fence hereafter erected, altered or reconstructed, except to enclose a swimming pool pursuant to Chapter 364 of the Code of the Borough of Gibbsboro, in any residential zone or on lots in any other zone on which residential buildings are erected shall exceed four feet in height above ground level when located within 25 feet of the street line toward which the front entrance of the main building on the property faces, or more than six feet in height above ground level when located more than 25 feet from the street line toward which the front entrance of the main building of the property faces.
(3)
No fence erected, altered or reconstructed in any commercial or business zone shall exceed a height of eight feet above ground level except as noted in Subsection A(1) above.
(4)
No fence hereafter erected, altered or reconstructed in an industrial zone shall exceed a height of eight feet above ground level except as noted in Subsection A(1) above.
(5)
The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire fence not exceeding eight
feet in height above ground level anywhere within a public park, public
playground or public school premises. These restrictions shall not
be applied so as to restrict the erection of a wall for the purpose
of retaining earth, provided that such wall does not exceed such heights
to be measured from the ground level of the highest adjacent grade.
B.
Restrictions on location and types of fences; proper
maintenance required.
(1)
All fences must be erected within the property lines,
and no fence shall be erected to encroach on any public right-of-way.
(2)
All fences shall be maintained in a safe, sound and
upright condition.
(3)
The use of barbed wire or wire on which barbs or points
are strung or fastened is prohibited, except in an industrial zone.
(4)
The use of electrified fence is prohibited in all
zones.
(5)
The use of canvas or cloth for fences is prohibited
in all zones.
C.
Enforcement procedure.
(1)
If the Building Subcode Official, upon inspection,
determines that any fence violates the terms of this chapter, he shall
notify the owner or occupant of the premises upon which the fence
is located, in writing, of his findings and the reason for such findings.
He shall order such fence or portion of such fence repaired or removed
within 10 days of the receipt of such notice. This notice may be delivered
in person or by certified mail.
[Added 5-11-2005 by Ord. No. 2005-6]
A shed, as defined by § 400-3, shall be permitted as an accessory use and structure when used in conjunction with a principal use as otherwise allowed within this chapter and conforming to the following requirements.
A.
No shed shall exceed 100 square feet in floor area.
B.
No shed shall exceed 10 feet in height.
C.
No shed shall be located in a front yard.
D.
Sheds shall be set back from any property line a minimum
of 10 feet, except that any shed with a horizontal axis in excess
of 10 feet shall meet the yard requirements for principal buildings.
E.
No more than one shed per lot shall be permitted,
except that on lots in excess of 40,000 square feet in area, two sheds
shall be permitted. Where two sheds are permitted, they shall be separated
by a minimum of five feet.
