A.
Continuation. Any lawful use of a building or land
existing or authorized by a building permit at the effective date
of this ordinance may be continued, although such use does not conform
to the provisions of this ordinance.
B.
Extension. A nonconforming use of a building or land
may be extended up to 50% of the area occupied by such use at the
effective date of this ordinance, provided that the Planning Board
may authorize as a special exception an extension of more than 50%.
Any extension or enlargement shall be immediately adjacent to the
existing nonconforming use and shall conform to the area and height
regulations of the district in which it is situated.
[Amended 2-20-2001 by Ord. No. 05.01]
C.
Changes. A nonconforming use of a building or land
may be changed to a nonconforming use of the same or more restricted
classification. Whenever a nonconforming use of a building or land
has been changed to a use of more restricted classification or to
a conforming use, such use shall not thereafter be changed to a use
of a less restricted classification.
D.
Restoration. A nonconforming building wholly or partially
destroyed by fire, explosion, flood or other phenomenon, or legally
condemned, may be reconstructed, repaired and used for the same nonconforming
use, provided that building reconstruction shall be commenced within
one year from the date the building was destroyed or condemned and
shall be carried on without interruption, provided that a reconstructed
building shall comply with established front-yard or building-line
requirements.
E.
Abandonment. If a nonconforming use of a building
or land is voluntarily abandoned and ceases for a continuous period
of one year or more, subsequent use of such building or land shall
be in conformity with the provisions of this ordinance.
[Amended 5-29-2001 by Ord. No. 08.01]
In residence districts, no building shall exceed
35 feet in height, provided that such height limits may be exceeded
by one foot for each foot by which the width of each side yard is
increased beyond minimum side-yard requirements, up to a maximum height
of 50 feet. In commercial districts, no building shall exceed 50 feet,
and in M Manufacturing Districts, no building shall exceed 80 feet
in height, provided that such height limits may be exceeded when authorized
by the Planning Board as a special exception.
[Amended 2-20-2001 by Ord. No. 05.01]
A building may be erected on any lot held in
single and separate ownership at the effective date of this ordinance
which is not of the required minimum area or width, when approved
by the Planning Board.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
[Amended 11-18-1986 by Ord. No. 09.86]
A.
In the R-1 Residence District, the Planning Board may authorize as a conditional use the conversion of any dwelling existing at the effective date of this ordinance into a dwelling for two or more families, subject to the provisions of § 80-40 and further subject to the following requirements.
(1)
The lot area per family, yards and building area shall
not be reduced to less than the requirements for the district.
(2)
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of sanitation
or safety.
(3)
Such conversion shall be authorized only for a large
building which has relatively little economic value or usefulness
as a single-family dwelling or other conforming use.
B.
In the R-2 Residence District and commercial districts,
a dwelling may be converted as a conditional use for multifamily purposes,
subject to the area requirements of the district in which it is located.
A.
No building may be erected, altered or used and no
lot or premises may be used in a residence or commercial district
for any use which is noxious or offensive by reason of odor, dust,
vibration, illumination or noise, or which constitutes a public hazard,
whether by fire, explosion or otherwise. In a manufacturing district,
no use which shall create a noxious, offensive or hazardous condition
beyond a manufacturing district boundary line shall be permitted.
In determining whether a proposed use is noxious, hazardous or offensive,
the following standards shall apply. The proposed operation shall
not.
(1)
Constitute a public nuisance beyond a manufacturing
district boundary line by reason of dissemination of noxious, toxic
or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average
intensity of noise or vibration occurring from other causes at the
manufacturing district boundary line.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare in neighboring
nonindustrial areas.
(5)
Result in electrical disturbance in nearby residents.
(6)
Contribute to the pollution of waters.
(7)
Create any other objectionable condition beyond a
manufacturing district boundary line which will endanger public health
and safety or be detrimental to the proper use of the surrounding
area.
B.
The applicant, as a condition of approval, shall demonstrate
that adequate provisions will be made to reduce and minimize any objectionable
elements to the degree necessary to ensure that the proposed use will
not be noxious, hazardous or offensive, as defined above. In order
to determine that adequate safeguards are provided, the Zoning Officer
may require that the applicant submit necessary information, plans,
impartial expert judgments and written assurances; obtain the expert
advice of official agencies, or of private experts or consultants;
and make such reasonable tests as are deemed necessary.
[Amended 5-29-2001 by Ord. No. 08.01]
C.
Attached (or row) buildings used exclusively as dwellings
shall not be permitted in any district.
D.
No lot or premises may be used for a trailer camp.
E.
Trailers.
[Added 10-5-1999 by Ord. No. 09.99]
(1)
No trailer or trailer-type facility used or intended
to be used for nondwelling purposes shall be occupied or used for
storage on any tract of ground within the Borough, except as herein
provided.
(a)
Construction trailers as a temporary accessory
use during construction of an authorized use shall be permitted as
part of the zoning permit for the authorized use. Such trailers shall
comply with accessory use zoning requirements of the district in which
authorization has been granted to locate the permanent, primary structure.
Such trailers shall be removed prior to making application for a certificate
of occupancy issued by the Construction Code Official or other appropriate
administrative officer, but in any event shall be removed within 30
days of the completion of the project.
(b)
Trailers may be permitted as a temporary business
office in districts where business offices are permitted during construction
of a permanent office facility or as a sales or leasing office on
a buildable lot during construction of a residential development.
Such trailers shall comply with accessory use zoning requirements
of the district in which authorization has been granted to locate
the permanent, primary structure. Such trailers shall be removed prior
to making application for a certificate of occupancy issued by the
Construction Code Official or other appropriate administrative officer.
(2)
The trailers shall be located on the site of the existing
facility to be renovated or reconstructed. No trailer shall be located
closer than 25 feet to any existing building or other structure on
the site. Each trailer shall be located at least 15 feet from any
adjacent trailer.
(3)
No more than 10 trailers shall be permitted at any
one time.
(4)
Storage at the site of existing commercial or industrial
facilities in connection with the renovation or reconstruction of
such existing commercial or industrial facilities may be permitted,
provided that the Construction Code Official authorizes the use of
such and issues a permit pursuant to the conditions and provisions
in this chapter.
(5)
The storage shall consist only of merchandise, material,
equipment and items that existed in the facility immediately prior
to reconstruction or renovation and shall not consist of any inventory,
merchandise, material or equipment brought to the site subsequent
to the commencement of renovation or reconstruction. No retail sales
of the stored material shall be permitted during the storage period.
(6)
Such storage shall be permitted only for the period
of reconstruction or renovation and, in any event, not for more than
a period of three months from the issuance of permit. However, in
the event that the reconstruction or renovation is not completed during
the initial permit period, the Construction Code Official is authorized
to issue additional permits for an additional three-month period of
time. The total period of time for which permits may be issued pursuant
to this section, including the initial permit and additional permits,
shall not exceed 12 months.
(7)
The manner and means of storage shall be reviewed
and approved by all applicable subcode officials prior to the issuance
of any permit.
(8)
Whenever five or more trailers shall be used for such
storage, the following provisions shall be applicable in addition
to the foregoing provisions:
(a)
A chain-link fence at least six feet in height
shall be erected around the outer perimeter of the storage area.
(b)
At the sole cost and expense of the owner or
occupant of the property, a security guard shall be provided for the
storage site on a twenty-four-hour-a-day basis.
(c)
The storage site shall be adequately illuminated
by lighting installed within the perimeter of the aforesaid chain
link fence.
(9)
At the termination of the permit period or extended
periods as may be permitted pursuant to this section, the storage
trailers shall be removed from the storage site, and the storage site
shall be restored to the condition that existed prior to the commencement
of the storage period, including but not limited to repair of the
surface area of the storage site. The restoration and repair of the
storage site shall be completed within 30 days from the date upon
which the permit period or extended periods, as may be permitted,
expires.
(10)
The Construction Code Official shall charge
a fee as provided in the Borough Code for each permit and each extension
issued pursuant to this section.
(11)
In addition to the penalties provided herein,
the violation of any provision of this section or terms of any permit
shall result in the revocation of the permit.
(12)
The above requirements apply retroactively to
all prior and current existing trailers on property within the Borough.
(13)
Any noncompliance with this section shall be
subject to a minimum fine of $500 to a maximum fine of $1,000.
(14)
TRAILER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes not only tractor-trailers pulled or capable of being
pulled by tractors or trucks, but also fully enclosed truck bodies,
whether or not self-propelled, campers and other type mobile containers
or containers intended and/or capable of being hauled, including boxcar-type
truck bodies or box-type truck-trailers.
F.
Prohibited activity. No person shall use or locate
a trailer for the permanent or temporary storage of goods, wares or
merchandise or for use as an office or commercial or industrial purpose
on any property in the Borough.
[Added 10-5-1999 by Ord. No. 09.99]
(1)
Exceptions. The provisions of this section shall not
apply to:
(a)
Trailers temporarily parked on property for
delivery, pickup and unloading purpose in the normal course of business
(not to exceed a period of five days).
(b)
New and used trailers marketed to be sold in
a licensed and regulated trailer sales facility.
(c)
Construction trailers temporarily located on
development and construction sites while development and construction
is in progress. The location of construction trailers shall be approved
by the Planning Board during the development's subdivision. In the
absence of same, said location shall be approved by the Borough Construction
Code Official.
[Amended 5-29-2001 by Ord. No. 08.01]
(d)
Trailers used for the housing of disposal or
recyclable materials under the management and control of the municipality
pursuant to its recycling program.
(e)
Trailers that are located on school property
that are used for educational purposes or for storage of school property
or equipment.
(f)
Commercial establishments.
[1]
A trailer that is being utilized by any commercial
establishment for the sole purpose of storage of inventory on the
date of the enactment of this section of the ordinance may continue
to utilize said trailer for the purpose of storage of inventory so
long as the placement of the trailer, or the relocation of same, if
necessary, is in compliance with all applicable zoning ordinances
pertaining, but not limited to, all setback requirements and size
requirements, and; the trailer aesthetically blends with the building
and/or structures that are also located on the property.
[2]
In order to qualify under this exemption, an
authorized representative of the commercial establishment or the property
owner must provide the Borough Construction Code Official or other
appropriate administrative officer, with a written plan within 60
days from the enactment of this section of the ordinance, which shall
provide the exact placement of the trailer on the property and the
distance of the trailer from the boundary of the property or the proposed
area where the trailer will be relocated, if necessary, as well as
a detailed description of how the trailer will be aesthetically finished
to blend with the building and/or other structures that are located
on the property.
[3]
After review of said plan, the Borough Construction
Code Official or other appropriate administrative officer, shall either
issue a permit allowing the continued use of the trailer, subject
to any conditions, or deny the issuance of a permit and advise the
commercial establishment that it must remove the trailer from the
property within 30 days of receipt of the notice of denial.
A.
Not less than one off-street parking space, with proper
access from a street or alley, shall be provided on any lot on which
a dwelling is hereafter erected, and the following types of uses shall
provide off-street parking space, as indicated, which parking space
shall have proper access from a street or alley and shall be located
on or near the lot on which such use is situated:
(1)
Multiple dwelling on conversion: one space for each
housekeeping unit.
[Amended 6-28-1966 by Ord. No. 463]
(2)
Hotel or tourist house: one space for each rental
room or suite.
(3)
Restaurant, eating or drinking establishment having
a total floor area of more than 1,000 square feet: one space for each
50 square feet of floor space devoted to patron use.
(4)
Professional office as an accessory use in a residential
district: one space for each 100 square feet of floor area devoted
to waiting room or office use.
(5)
Theater, auditorium or other place of public assemblage,
except churches: one space for every 10 seats.
(6)
Commercial, office or recreational building or use,
other than those specified above, having a total floor or ground area
of more than 1,000 square feet: one space for each 200 square feet,
or portion thereof, of ground or ground-floor area, plus one space
for each 300 square feet, or portion thereof, of upper-floor area.
(7)
Industrial establishment: one space for each four
employees on any one shift.
B.
In addition to the minimum of 200 square feet per
parking space required, adequate driveways, aisles and maneuvering
spaces shall be provided. Parking areas shall be graded for convenient
access, and shall be paved with a hard or semihard material or otherwise
treated to prevent dust or other loose cover from becoming a nuisance
or a hazard.
C.
Off-street parking facilities existing at the effective
date of this ordinance shall not subsequently be reduced to an amount
less than that required under this ordinance for a similar new building
or new use. Off-street parking facilities provided to comply with
the provisions of this ordinance shall not subsequently be reduced
below the requirements of this ordinance.
Off-street loading and unloading space, with
proper access from a street or alley, shall be provided on any lot
on which a building for trade or business is hereafter erected or
substantially altered.
A.
Front-yard exceptions. The front-yard requirements
prescribed by this ordinance are subject to the following exceptions:
(1)
Where building lines have been established by ordinance
of Council, such building lines shall apply.
(2)
The front yard of a proposed building may be decreased
in depth to the average alignment of existing buildings within 100
feet on each side of the proposed building, and within the same block,
if such alignment of existing buildings is less than the front-yard
requirement for the district.
B.
Yard exceptions for private garage; accessory building.
A private garage or other accessory building which is not an integral
structural part of a main building may be located in the required
side or rear yard but not less than three feet from any property line,
provided that such building is situated not less than 10 feet farther
back from the street line than the rearmost portion of the main building.
Nothing in this section shall be construed to prohibit the erection
of a common or joint garage which is not an integral structural part
of a main building on adjoining lots.
On any corner lot, no wall, fence or other structure
shall be erected or altered, and no hedge, tree, shrub or other growth
shall be maintained, which may cause danger to traffic on a street
or public road by obscuring the view.
[Amended 2-20-2001 by Ord. No. 05.01]
A temporary permit may be authorized by the
Borough Council upon recommendation of the Planning Board for a nonconforming
structure or use which it deems beneficial to the public health or
general welfare or which it deems necessary to promote the proper
development of the community, provided that such nonconforming structure
or use shall be completely removed upon expiration of the permit without
cost to the Borough. Such permit shall be issued for a specified period
of time not exceeding one year and may be renewed annually for an
aggregate period of not more than three years, including the original
authorization.
[Amended 11-18-1986 by Ord. No. 09.86; 2-20-2001 by Ord. No.
05.01]
When considering requests for conditional uses,
variances, amendments or changes in the Zoning Ordinances or Zoning
Map, the governing body or Planning Board shall be guided by the following
standards. They shall:
A.
Give full consideration to the size, scope, nature,
character and extent of use desired and insurance that the use requested
is consistent with the plan for future land use and the spirit, purpose
and intent of the Zoning Ordinance.
B.
Consider the suitability of the particular property
for the proposed use, the character of development of surrounding
properties and the determination that the proposed use shall be appropriate
in the area and will not substantially injure or detract from the
use of surrounding property or from the character of the neighborhood.
C.
Take into consideration the character and type of
development in the area surrounding the location for which the request
is made and determine that the proposed use will be appropriate in
the area and will not substantially injure or detract from the use
of surrounding property or from the character of the neighborhood.
D.
Determine that the proposed use will promote the harmonious
and orderly development of the district in which it is located, and
that it will serve the best interests of the Borough, the convenience
of the community, where applicable, and the public health, safety,
morals and general welfare.
E.
Consider the suitability of the proposed location
of a use with respect to traffic and highways in the area, and ensure
that the adequate access and off-street parking arrangements are provided
in order to protect major streets from undue congestion and hazard.
F.
Make certain that the proposed change is reasonable
in terms of logical, efficient and economical extension of public
services and facilities, such as public water, sewers, police and
fire protection and public schools.
G.
Consider, where appropriate, the standards for site
and building plan review.
H.
Impose such conditions, in addition to those required,
as are necessary to ensure that the general purpose and intent of
the Master Plan and Zoning Ordinance are complied with and that the
use of the property adjacent to the area of the proposed use is adequately
safeguarded, which conditions may relate to, but are not limited to,
harmonious design of buildings, appearance, plantings and its maintenance
as a sight or sound screen, landscaping, hours of operation, lighting,
number of persons involved, allied activities, ventilation, noise,
sanitation, safety, smoke and fume control and minimizing noxious,
offensive or hazardous elements.
This ordinance shall not apply to existing property
or to buildings or structures used or to be used by public utilities
in furnishing service, if upon a petition of the public utility the
Board of Public Utility Commissioners shall, after a hearing of which
the Paulsboro Borough Council shall have notice, decide that the present
or proposed situation of the building or structure in question is
reasonably necessary for the service, convenience or welfare of the
public.
[Added 6-28-1966 by Ord. No. 463; amended 11-18-1986 by Ord. No.
09.86]
Where multiple dwellings or apartments are permitted
as a use or conditional use in any zone, the following regulations
shall also apply for the erection of a multiple dwelling or apartment:
A.
Lot area. A lot area, exclusive of streets and driveways,
shall be provided of 3,000 square feet for each unit with two or more
bedrooms and 2,500 square feet for each unit with one or no bedrooms.
B.
Floor area. The minimum habitable floor area of each
unit shall be provided in accordance with the following schedule:
C.
Lot coverage. Not more than 45% of the area of each
lot may be occupied by buildings.
D.
Yards and open spaces. A front yard of not less than
25 feet in depth shall be provided along each street on which the
lot abuts. Side and rear yards of not less than 15 feet in depth shall
be provided. The distance between any two multiple dwellings or apartments
on a lot shall be not less than the height of the taller building.
E.
Heights. No multiple dwelling or apartment shall exceed
either three stories or 35 feet in height.
F.
Recreation area. An outdoor recreation area or areas
and/or indoor recreation or meeting room shall be provided for the
use of residents of the multiple dwellings or apartments.
G.
Off-street parking. A minimum of three off-street
parking spaces for each two units shall be provided. Such parking
spaces shall not be located in the required front yard area. Parking
areas shall be paved in accordance with the Borough specifications.
H.
Landscaping and lighting. Each multiple dwelling or
apartment and any remaining open area shall be appropriately landscaped
by a professional landscaper. Any open-air off-street parking area
or recreational area or facility which adjoins a residential use shall
be screened along the property line with evergreen shrubbery or trees
not less than five feet high when planted. Exterior lighting shall
be so arranged to protect highways and adjoining properties from direct
glare or hazardous interference of any kind.
I.
Utilities and refuse disposal. Prior to the authorization
of any multiple dwelling or apartment, a certification by the Borough
Council as to the adequacy of sewer and water facilities to the proposed
use shall be required. Provisions shall be made for conveying refuse
to a central point or points to facilitate Borough collection.
J.
Applications for zoning permits. All applications
for multiple dwellings or apartments shall be accompanied by a plan
or plans showing the following:
(1)
The total area of the lot, drawn at a scale of one
inch equals 50 feet, showing contours at intervals of five feet and
other topographical features, and indicating the owners of adjoining
properties.
(2)
The locations, use, dimensions and heights of each
building and other structures proposed to be erected on the lot, the
total gross floor area of the buildings to be constructed and the
total area of ground to be built on.
(3)
The location, dimensions and arrangements of all open
spaces, yards, accessways, entrances, exits, off-street parking spaces,
pedestrianways and location and width of all streets and sidewalks.
Individual parking spaces shown on the plan shall not be less than
nine feet in width nor less than 18 feet in depth. As an alternative
to indicating individual parking spaces in detail, a parking area
of not less than 400 square feet of area for each of the required
spaces may be shown on the plan.
(4)
The character of buffer areas and screening devices
to be maintained, including the location, dimensions and arrangements
of all area devoted to planting, lawns and trees.
(5)
Provisions made for refuse conveyance to a central
collection point or points, stormwater drainage and sewer and water
utilities.
(6)
A sketch showing the building facades, types of materials
used, typical floor and individual apartment plans.
(7)
Such other information as will enable an evaluation
of the effectiveness of the design and the character or the proposed
apartment and to properly allow such matters in relation to the surrounding
areas, anticipated traffic and the impact on the school services and
utility.
