The purposes of these districts are to identify the existing concentration of uses within the central business district of the Borough and to establish a few other zones where there is an existing pattern of retail outlets and offices serving the convenience of the general neighborhood of which it is a part. The lot areas and permitted uses are intended to be small in size and operating scale, respectively, to serve the needs of the immediate neighborhood conveniently without attracting regional traffic.
A. 
Permitted principal uses (land and buildings).
(1) 
The retail sale of consumable products, including grocers, delicatessens, restaurants without drive-up window service, and supermarkets; wearing apparel, pharmaceuticals, hardware, appliances, stationery, garden supplies, and similar general merchandise; personal service facilities such as barbers, beauty salons, tailors, shoe repair, and eye wear; offices; financial institution; medical center; day-care center; mortuary; and movie theater. Except as set forth in Subsection A(3) below, all permitted uses shall be conducted within a building shown on an approved site plan, and sidewalk vending, open-air flea markets, and/or conducting business in yards and/or parking lots are prohibited. All storage areas shall be within a building shown on an approved site plan.
[Amended 8-14-1979 by Ord. No. 79-13; 11-14-1995 by Ord. No. 95-20; 6-22-1999 by Ord. No. 99-6]
(2) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(3) 
On commercial properties, outdoor sales and the outdoor display of products, services or the commodities, including areas devoted to "specials" or other temporary events, shall be permitted conditioned on the following:
[Amended 6-22-1999 by Ord. No. 99-6]
(a) 
The outdoor areas shall be limited to no more than two delineated on-site areas which shall be paved;
(b) 
The gross square footage of the outdoor areas shall not exceed the equivalent of 5% of the gross floor area within the building(s);
(c) 
The outdoor areas shall be limited to the location identified on an approved site plan;
(d) 
The areas shall be delineated by some identifiable marking system such as being enclosed by a fence, a perimeter of bollards, or an area delineated by a painted boundary;
(e) 
The outdoor areas shall be open-air space and shall not be under a roof, in a tent, or some similar form of enclosure except where the space abuts the principal building, in which case it may be under a roof extension;
(f) 
Only the products sold or the services rendered by the tenant of the property may be displayed in these outdoor areas;
(g) 
Subletting space in outdoor areas to other vendors is prohibited; and
(h) 
No outdoor sales or display areas shall reduce in size, eliminate, or otherwise encroach on other required dedicated functions on the approved site plan such as, but not limited to, pedestrian walkways, parking spaces, loading spaces, sight triangles, driveways and aisles.
B. 
Permitted accessory uses (land and buildings).
(1) 
Enumeration of uses.
(a) 
Parking lots may be located up to the street line, but not closer than 10 feet to the curbline and, in order to encourage parking lots to have interconnections with adjoining parking lots, parking lots may be located up to the side lot line(s), provided that there is an interconnection with the parking lot serving the adjacent lot. Where there is no interconnection, the setback shall be at least 10 feet. Where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(b) 
Dwelling units above the first floor retail and office uses at a maximum density of one dwelling unit per first floor retail or office use.
(2) 
Participation in the Borough's Affordable Housing Program shall be required as specified in § 107-50.1 and related ordinances.
[Added 7-26-1988 by Ord. No. 88-20]
C. 
Conditional uses.
(1) 
Utilities in accordance with, and with the conditions set forth in the R-1 District regulations and provided that the use meets the appropriate bulk regulations as set forth below.
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
Uses on High Street
Uses on Main Street
All Other
Minimum:
Lot area
1,800 square feet
7,500 square feet
30,000 square feet
Lot width
18 feet
50 feet
150 feet
Lot depth
90 feet
150 feet
150 feet
Front yard
0 feet
10 feet
65 feet
Side yard:
One
0 feet
10 feet
15 feet
Both
0 feet
20 feet
30 feet
Rear yard
30 feet
20 feet
35 feet
Minimum portion of lot landscaped
5%
5%
15%
Maximum:
Building coverage
40%
30%
15%
Pavement cover
30%
25%
35%
Building height
30 feet
30 feet
30 feet
Floor area ratio
0.80
0.60
0.30
The purpose of this district is to establish a highway commercial district along a southern portion of Delsea Drive where larger lots can be achieved due to the wider and deeper existing lots compared to the developed section of Delsea Drive. It is intended to encourage controlled access to the highway and have access from one adjacent lot to another by interconnecting driveways.
A. 
Permitted principal uses (land and buildings).
(1) 
The sale and repair of motor vehicles and their parts, including car wash and upholstering, but not including vehicular body repair shop, vehicular junkyards nor outside storage of parts, wrecked vehicles, tires, or similar material or equipment.
[Amended 5-24-2011 by Ord. No. 11-19]
(2) 
Lumber- and coal yards, oil distribution centers, wholesale distribution, and contractors' offices and equipment storage.
(3) 
Motels, restaurants, offices, and catering and banquet halls.
(4) 
The retail sale of goods and services as set forth in the C-5 District (§ 107-107).
(5) 
Except as set forth in Subsection A(8) below, all uses shall be conducted from within a building, all storage areas shall be within a building shown on an approved site plan, and sidewalk vending, open-air flea markets, and/or conducting business in yards and/or parking lots are prohibited other than lumberyards, car and truck sales, and the storage of material and equipment associated with wholesale distribution and contractors' yards. All uses shall have access to and frontage on either Delsea Drive or a street constructed to primary local or collector street standards and providing access to Delsea Drive.
[Amended 6-22-1999 by Ord. No. 99-6]
(6) 
Service stations, with or without a convenience store, provided that the lot has access to Delsea Drive. (See also § 107-59.1.) Service stations may have no more than one candy/soda vending machine along an outside wall of the building and may have no more than one display/storage rack per gasoline island for cans of oil, bottles of fluids or additives, and similar vehicle servicing items.
[Amended 11-14-1995 by Ord. No. 95-20]
(7) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
Note: Participation in the Borough's affordable housing program shall be required as specified in § 107-50.1 and related ordinances.
[Added 7-26-1988 by Ord. No. 88-20]
(8) 
On commercial properties, outdoor sales and the outdoor display of products, services or other commodities, including areas devoted to "specials" or other temporary events, shall be permitted conditioned on the following:
[Amended 8-14-1979 by Ord. No. 79-13; 6-22-1999 by Ord. No. 99-6]
(a) 
The outdoor areas shall be limited to no more than two delineated, on-site areas which shall be paved;
(b) 
The gross square footage of the outdoor areas shall not exceed the equivalent of 5% of the gross floor area within the building(s);
(c) 
The outdoor areas shall be limited to the location identified on an approved site plan;
(d) 
The areas shall be delineated by some identifiable marking system such as being enclosed by a fence, a perimeter of bollards, or an area delineated by a painted boundary;
(e) 
The outdoor area shall be open-air space and shall not be under a roof, in a tent, or some similar form of enclosure except where the space abuts the principal building, in which case it may be under a roof extension;
(f) 
Only the products sold or the services rendered by the tenant of the property may be displayed in these outdoor areas;
(g) 
Subletting space in outdoor areas to other vendors is prohibited; and
(h) 
No outdoor sales or display areas shall reduce in size, eliminate, or otherwise encroach on other required dedicated functions on the approved site plan such as, but not limited to, pedestrian walkways, parking spaces, loading spaces, sight triangles, driveways and aisles.
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading is required and permitted, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Car and truck sales and service uses may be permitted to have display areas for new vehicles located in the front yard and outside storage areas for new vehicles in the rear yard. All customer parking, display areas, and storage areas shall be located at least 25 feet from any street right-of-way and any other nonresidential lot line, but be at least 100 feet from a residential zone line. The storage areas shall be screened from public streets and nearby residential zoning districts by trees and evergreens located and spaced to meet the buffer requirements of § 107-48.1. Used vehicles may be displayed, but only in the side yard, and the areas devoted to these displays shall not exceed 10% of the total tract area. All areas used for customer parking, display vehicles and stored vehicles shall be paved. Gravel and stone shall not be considered paved. Car and truck sales and service uses may also have service areas for the purpose of preparing vehicles for delivery and providing such other services and oil changes, lubrication, engine tune-ups, wheel alignments, and similar routine maintenance.
[Amended 5-24-2011 by Ord. No. 11-19]
(3) 
Radio towers (maximum 100 feet, but not higher than allowed in § 107-85B) and satellite dishes (priority location in side or rear yard) for use of the occupant only.
(4) 
Motels may have a restaurant, coffee shop, gift shop, pool, and/or similar accessory uses customarily incidental to motels.
(5) 
Vehicle painting may be permitted as an accessory use to the sale and repair of motor vehicles.
[Added 5-24-2011 by Ord. No. 11-19]
(6) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses.
(1) 
Utility structures and facilities, provided that they meet the bulk requirements set forth below, provided that facilities such as substations, pumping stations, junction boxes, and similar structures are either underground installations or screened from view, and provided that relocated or expanded overhead lines shall be installed underground.
(2) 
Fast-food restaurants, either with or without drive-up window service, provided that there are no more than two access drives to Delsea Drive, the lanes for drive-up windows for any use shall have stacking space for at least eight vehicles per lane with one bypass lane, and all lanes shall be separated from the other driveways and aisles. The use shall meet the applicable bulk regulations set forth below.
[Amended 11-14-1995 by Ord. No. 95-20]
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Fast-food restaurants not having drive-up window service, service stations, car washes, utilities, restaurants, offices, catering and banquet halls, and other retail uses not specified in Subsection D(2) and (3) below shall meet the requirements for 20,000 square feet lots in Subsection D(4) below.
(2) 
Auto and truck maintenance and repair shops, motels, lumber- and coal yards, oil distribution centers, contractors' offices and equipment storage yards, and fast-food restaurants having drive-up window service shall meet the requirements for 40,000 square feet lots in Subsection D(4) below.
(3) 
Auto and truck sales uses and wholesale distribution uses shall meet the requirements for eighty-thousand-square-foot lots in Subsection D(4) below.
(4) 
Bulk requirements for designated lot sizes. (See additional setbacks in § 107-58G.)
80,000 Square-Foot Lots
40,000 Square-Foot Lots
20,000 Square-Foot Lots
Minimum:
Lot area
80,000 sf
40,000 sf
20,000 sf
Lot width
250 feet
200 feet
100 feet
Lot depth
300 feet
200 feet
125 feet
Front yard
50 feet
50 feet
50 feet
Minimum:
Side yard
One
20 feet
20 feet
20 feet
Both
50 feet
50 feet
50 feet
Rear yard
30 feet
30 feet
30 feet
Minimum portion of lot landscaped
15%
15%
15%
Maximum:
Building coverage
40%
30%
15%
Pavement cover
20%
20%
50%
Building height
30 feet
30 feet
20 feet
Floor area ratio
0.40
0.30
0.20
[Amended 12-18-2004 by Ord. No. 04-39]
The purpose of this district is to establish a commercial zone in those areas along or near Delsea Drive which have evolved over the years into a strip commercial pattern dominated by uses which rely on and serve highway traffic. It is the intent of this district to encourage rejuvenation of some portions of this district, but also recognize that many older structures on small lots continue to provide legitimate commercial services.
A. 
Permitted principal uses (land and buildings).
(1) 
The sale and repair of motor vehicles and their parts, including car wash and upholstering, but not including vehicular body repair shop, vehicular junkyards, vehicle painting nor outside storage of parts, wrecked vehicles, tires or similar material and equipment.
(2) 
The retail sale of other goods and services as listed in the C-1 District, but meeting the bulk requirements set forth in Subsection D below.
(3) 
Except as set forth in Subsection A(6) below, all uses shall be conducted within a building shown on an approved site plan, and sidewalk vending, open-air flea markets and/or conducting business in yards and/or parking lots are prohibited. All uses shall have access to and frontage on Delsea Drive, New Street, West Street, Main Street, or High Street. None shall have access to State Street.
(4) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(5) 
Service stations, with or without a convenience store, provided that the lot has access to Delsea Drive. (See also § 107-59.1.) Service stations may have no more than one candy/soda vending machine along an outside wall of the building and may have no more than one display/storage rack per gasoline island for cans of oil, bottles of fluids or additives, and similar vehicle servicing items.
(6) 
On commercial properties, outdoor sales and the outdoor display of products, services, or other commodities including areas devoted to "specials" or other temporary events, shall be permitted conditioned on the following:
(a) 
The outdoor areas shall be limited to no more than two delineated, on-site areas which shall be paved;
(b) 
The gross square footage of the outdoor areas shall not exceed the equivalent of 5% of the gross floor area within the building(s);
(c) 
The outdoor areas shall be limited to the location identified on an approved site plan;
(d) 
The areas shall be delineated by some identifiable marking system such as being enclosed by a fence, a perimeter of bollards, or an area delineated by a painted boundary;
(e) 
The outdoor areas shall be open air space and shall not be under a roof, in a tent, or some similar form of enclosure except where the space abuts the principal building in which case it may be under a roof extension;
(f) 
The only products sold, or the services rendered, by the tenant of the property may be displayed in these outdoor areas;
(g) 
Subletting space in outdoor areas to other vendors is prohibited; and
(h) 
No outdoor sales or display areas shall reduce in size, eliminate, or otherwise encroach on other required dedicated functions on the approved site plan such as, but not limited to, pedestrian walkways, parking spaces, loading spaces, sight triangles, driveways and aisles.
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading are required and permitted, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
(2) 
Radio towers (maximum 100 feet, but no higher than allowed in § 107-85B) and satellite dishes (priority location in side or rear yard) for use of the occupant only.
(3) 
Car and truck sales and service uses may be permitted to have display areas for new vehicles located in the front yard and may have outside storage areas for new vehicles in the rear yard. All customer parking, display areas, and storage areas shall be located at least 25 feet from any street right-of-way and any other nonresidential lot line, but be at least 100 feet from a residential zone line. The storage areas shall be screened from public streets and nearby residential zoning districts by trees and evergreens located and spaced to meet the buffer requirements of § 107-48.1. Used vehicles may be displayed, but only in the side yard, and the area devoted to these displays shall not exceed 10% of the total tract area. All areas used for customer parking, display vehicles and stored vehicles shall be paved. Car and truck sales and service uses may also have service areas for the purpose of preparing vehicles for delivery and providing such other services and oil changes, lubrication, engine tune-ups, wheel alignments, and similar routine maintenance, but excluding body shops and painting.
(4) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses.
(1) 
Utilities meeting the bulk requirements below as well as the conditions set forth in § 107-105C (the C-2 District).
(2) 
Fast-food restaurants, either with or without drive-up window services, provided that there are no more than two access drives to Delsea Drive, the lanes for drive-up windows for any use shall have stacking space for at least eight vehicles per lane with one bypass lane, and all lanes shall be separated from the other driveways and aisles. The use shall meet the bulk requirements set forth below.
D. 
Bulk regulations. (See additional setbacks in § 107.58G.)
(1) 
Utilities and other retail uses not specified in Subsection D(2), (3) and (4) below shall meet the requirements for lots of 7,500 square feet in Subsection D(5) below.
(2) 
Fast-food restaurants not having drive-up window service, service stations, and car washes shall meet the requirements for lots of 20,000 square feet in Subsection D(5) below. Fast-food restaurants with drive-up window services shall meet the requirements for lots of 40,000 square feet in Subsection D(5) below.
(3) 
Auto and truck sales and repairs, contractors' yards, and fast-food restaurants having drive-up window service shall meet the requirements for lots of 40,000 square feet in Subsection D(5) below.
(4) 
Wholesale distribution uses shall meet the requirements for lots of 40,000 square feet in Subsection D(5) below.
(5) 
Bulk requirements for designated lot sizes. (See additional setbacks in § 107-58G.)
80,000 Square-Foot Lots
40,000 Square-Foot Lots
20,000 Square-Foot Lots
7,500 Square-Foot Lots
Minimum:
Lot area
80,000 square feet
40,000 square feet
20,000 square feet
7,500 square feet
Lot width
250 feet
200 feet
125 feet
50 feet
Lot depth
300 feet
200 feet
125 feet
150 feet
Front yard
50 feet
50 feet
50 feet
10 feet
Side yard:
One
20 feet
20 feet
20 feet
15 feet
Both
50 feet
50 feet
50 feet
30 feet
Rear yard
30 feet
30 feet
30 feet
35 feet
Minimum portion of lot landscaped
15%
15%
15%
15%
Maximum:
Building coverage
40%
30%
15%
15%
Pavement cover
20%
20%
35%
50%
Building height
30 feet
30 feet
30 feet
20 feet
Floor area ratio
0.40
0.30
0.30
0.20
E. 
COAH. Participation in the Borough's affordable housing program shall be required as specified in § 107.50.1 and related ordinances.
The purpose of this district is to establish areas having major highway access and provide criteria for retail shopping areas in accordance with one overall plan, shared off-street parking, controlled access to adjoining streets and overall compatible design together with a limited number of uses that may be permitted outside of a shopping center design.
A. 
Permitted principal uses (land and buildings).
[Amended 7-12-1983 by Ord. No. 83-8]
(1) 
Shopping centers for the sale of goods and services.
(2) 
In any one shopping center, any one (but only one) of the following uses: theater, nightclub or arcade.
(3) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(4) 
Motel, restaurant and office.
(5) 
Except as set forth in Subsection A(6) below, all uses shall be conducted from within a building, all storage areas shall be within a building shown on an approved site plan, and sidewalk vending, open-air flea markets, and/or conducting business in yards and/or parking lots are prohibited.
[Amended 6-22-1999 by Ord. No. 99-6]
Note: Participation in the Borough's affordable housing program shall be required as specified in § 107-50.1 and related ordinances.
[Added 7-26-1988 by Ord. No. 88-20]
(6) 
On commercial properties, outdoor sales and the outdoor display of products, services or other commodities, including areas devoted to "specials" or other temporary events, shall be permitted conditioned on the following:
[Amended 6-22-1999 by Ord. No. 99-6]
(a) 
The outdoor areas shall be limited to no more than two delineated, on-site areas which shall be paved;
(b) 
The gross square footage of the outdoor areas shall not exceed the equivalent of 5% of the gross floor area within the building;
(c) 
The outdoor areas shall be limited to the location identified on an approved site plan;
(d) 
The areas shall be delineated by some identifiable marking system such as being enclosed by a fence, a perimeter of bollards, or an areas delineated by a painted boundary;
(e) 
The outdoor areas shall be open-air space and shall not be under a roof, in a tent, or some similar form of enclosure except where the space abuts the principal building, in which case it may be under a roof extension;
(f) 
Only the products sold, or the services rendered, by the tenant of the property may be displayed in these outdoor areas;
(g) 
Subletting space in outdoor areas to other vendors is prohibited; and
(h) 
No outdoor sales or display areas shall reduce in size, eliminate, or otherwise encroach on other required dedicated functions on the approved site plan such as, but not limited to, pedestrian walkways, parking spaces, loading spaces, sight triangles, driveways and aisles.
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading are required and permitted, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Utility service and facilities necessary to serve the shopping center.
(3) 
Motels may have a restaurant, coffee shop, gift shop, pool, and/or similar accessory uses customarily incidental to motels.
(4) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses.
(1) 
One service station (with or without a convenience store) and one fast-food restaurant, with or without drive-up windows services, provided that each is located on a shopping center site, provided that the shopping center site contains at least 20 acres, and provided that access to each use is provided from within the shopping center. Gasoline stations shall also comply with § 107-59.1. Fast-food restaurants with drive-up window service are permitted, provided that each lane for a drive-up window has stacking space for at least eight vehicles, and there is one bypass lane with all lanes in the window service area being separated from other driveways and aisles on site. Service stations may have no more than one candy/soda vending machine along an outside wall of the building and may have no more than one display or storage rack per gasoline island for cans of oil, bottles of fluids or additives, and similar vehicle servicing items.
[Amended 8-14-1979 by Ord. No. 79-13; 11-14-1995 by Ord. No. 95-20]
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Shopping center.
Minimum:
Lot area
10 acres
Lot width
600 feet
Lot depth
800 feet
Front yard
150 feet
Side yard, each
80 feet
Rear yard
100 feet
Minimum portion of lot landscaped
15%
Maximum:
Floor area ratio
0.20
Building height
1 story; 30 feet
Building coverage
20%
Pavement coverage
45%
(2) 
Motel, restaurant and office.
Minimum:
Lot area
40,000 square feet
Lot width
200 feet
Lot depth
200 feet
Front yard
75 feet
Side yard, each
30 feet
Rear yard
30 feet
Minimum portion of lot landscaped
15%
Maximum:
Floor area ratio
0.20
Building height
1 story; 30 feet
Building coverage
20%
Pavement coverage
40%
The purpose of this district is to identify smaller parcels of land already developed with business uses or vacant properties in an area with a business character. The intent is to develop these properties with controlled access to major roads, limited lighting and maximum landscaping to reduce nuisances and other business effects upon nearby residences, and to retain a reasonable intensity of use in consideration of highway congestion, highway safety, and nearby residences to some portions of this zoning district.
A. 
Permitted principal uses (land and buildings).
(1) 
Retail sale of goods and services.
(2) 
Offices and either sit-down or takeout restaurants without drive-up windows.
(3) 
Family day care conditioned on meeting the requirements of § 107-44.1A and C as if written herein.
(4) 
Except as set forth in Subsection A(5) below, all uses shall be conducted from within a building, all storage areas shall be within a building shown on an approved site plan, and sidewalk vending, open-air flea markets, and/or conducting business in yards and/or parking lots are prohibited.
[Amended 6-22-1999 by Ord. No. 99-6]
Note: Participation in the Borough's affordable housing program shall be required as specified in § 107-50.1 and related ordinances.
(5) 
On commercial properties, outdoor sales and the outdoor display of products, services or other commodities, including areas devoted to "specials" or other temporary events, shall be permitted conditioned on the following:
[Amended 6-22-1999 by Ord. No. 99-6]
(a) 
The outdoor areas shall be limited to no more than two delineated, on-site areas which shall be paved;
(b) 
The gross square footage of the outdoor areas shall not exceed the equivalent of 5% of the gross floor area within the building(s).
(c) 
The outdoor areas shall be limited to the location identified on an approved site plan;
(d) 
The areas shall be delineated by some identifiable marking system such as being enclosed by a fence, a perimeter of bollards, or an areas delineated by a painted boundary;
(e) 
The outdoor areas shall be open-air space and shall not be under a roof, in a tent, or some similar form of enclosure except where the space abuts the principal building, in which case it may be under a roof extension;
(f) 
Only the products sold, or the services rendered, by the tenant of the property may be displayed in these outdoor areas;
(g) 
Subletting space in outdoor areas to other vendors is prohibited; and
(h) 
No outdoor sales or display areas shall reduce in size, eliminate, or otherwise encroach on other required dedicated functions on the approved site plan such as, but not limited to, pedestrian walkways, parking spaces, loading spaces, sight triangles, driveways and aisles.
B. 
Permitted accessory uses (land and buildings).
(1) 
Off-street parking and loading are required and permitted, but where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20]
(2) 
Utility services.
(3) 
Licensed transient merchants and mobile vendors, in accordance with the standards of § 107-87, are permitted accessory uses.
[Added 8-28-2018 by Ord. No. 18-34]
C. 
Conditional uses.
(1) 
Restaurants and other uses with drive-up window services are permitted conditioned on having stacking space for eight vehicles in each window lane, having one bypass lane, and having the window service area separated from other on-site parking spaces, driveways and aisles.
[Amended 11-14-1995 by Ord. No. 95-20]
D. 
Bulk regulations. (See additional setbacks in § 107-58G.)
(1) 
Table.
Minimum:
Lot area
40,000 square feet
Lot width
200 feet
Lot depth
200 feet
Front yard
75 feet
Side yard, each
30 feet
Rear yard
30 feet
Minimum portion of lot landscaped
15%
Maximum:
Floor area ratio
0.20
Building height
1 story; 20 feet
Building coverage
20%
Pavement coverage
40%
(2) 
In order to control access points to public streets, abutting lots each with a single use shall be permitted no more than one driveway to the same street and, to the maximum extent possible, said lots shall be designed to share a driveway with neighboring use(s) to further reduce curb cuts onto public streets. For lots intended to be further subdivided or in some other way developed to provide for more than one building or use on the tract, access is required to be limited to no more than one driveway to each abutting street to serve all uses and buildings on the tract and interconnected driveways, aisles, parking and loading areas via a coordinated on-site circulation system shall be required.
[1]
Editor's Note: Former § 107-108, Intention of provisions, was repealed 9-13-1977 by Ord. No. 77-16.
[Added 12-14-2021 by Ord. No. 21-26]
The purpose of the CBS Overlay District is to permit cannabis-related businesses with an emphasis on the health, safety and welfare of residents.
A. 
Principal permitted uses.
(1) 
Within C-3 and C-4 Districts:
(a) 
Class 5, retailer facilities, and Class 6, delivery service.
(2) 
Within Office Park and Light Industrial Park, Industrial, and Office Park Districts:
(a) 
Class 1, cannabis cultivators, Class 2, cannabis manufacturers, Class 3, cannabis wholesalers, Class 4, cannabis distributors, Class 5, retailer facilities, and Class 6, delivery service.
B. 
Bulk requirements.
(1) 
All classes shall comply with the bulk, area, and yard requirements of the established zone.
C. 
General site requirements.
(1) 
The cannabis establishment shall be located in a standalone building.
(2) 
The cannabis establishment shall be duly licensed by the State of New Jersey with its license maintained in good standing.
(3) 
Access to the site shall be provided from the highest-level street. In the event that an access permit is denied, access may be provided on the next highest level of street classification.
(4) 
Any structure used for any class of cannabis shall be set back, in addition to setback and buffering standards indicated in the Glassboro Development Regulations and Zoning Ordinance, an additional:
(a) 
100 feet from a residentially zoned parcel.
(b) 
200 feet from a park.
(c) 
300 feet from a church or public or parochial school.
(5) 
Cannabis paraphernalia shall not be displayed or visible from the building's exterior.
(6) 
Minimum off-street parking requirements:
(a) 
Class 5: one parking space per 100 square feet of gross floor area.
(b) 
Delivery services: one parking space per employee, and one parking space per vehicle to be stored on site.
(c) 
All other uses shall adhere to the off-street parking requirements as indicated in § 107-54.
(7) 
On-site sales of alcohol or tobacco products are prohibited.
(8) 
On-site consumption of cannabis products is prohibited.
(9) 
Signage shall comply with Article IV, Design and Performance Standards, §§ 107-63 and 107-63.1, of the Glassboro Development Regulations and Zoning Ordinance and the following requirements:
(a) 
No sign shall contain any visual representation of cannabis or associated paraphernalia.
(b) 
Cannabis establishment, cannabis distributor or cannabis delivery services shall not display on the exterior of the facility advertisements for marijuana, marijuana paraphernalia or a brand name except for the purposes of identifying the building by the permitted name.
(10) 
All licensed facilities shall submit a detailed security plan, which shall be subject to the review and approval/denial of the Borough's Chief of Police and/or the Public Safety Committee. Such plan should include measures and procedures designed to protect both tenants and the visitors from criminal activity, unsafe conditions and incidents of nuisance/harassment. Any approval granted may be rescinded at any time such plan fails to comply with the approved procedures of the security plan or which fails to provide adequate security and safety for tenants and visitors. The proposed security plan shall include at a minimum:
(a) 
A map of all points of public entry and a description of all security measures (e.g., locks, alarms, access keypads, security cameras, foot patrols) to restrict access by unauthorized persons;
(b) 
Procedures for maintaining records which shall include the date and a detailed description of all incidents of suspected criminal activity/unlawful behavior, unauthorized access, assaults, threatening conduct or harassment and a detailed description of the action taken in response to each complaint;
(c) 
Procedures for maintaining records of regular audits to ensure that the security plan is current and that procedures are being followed.
(11) 
Classes 1, 2, 3, and 4 shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. At no cost to the Borough, odor from the facility shall be monitored by a qualified contractor chosen by the Borough on an annual basis.
(12) 
Hours of public operation shall be limited to 8:00 a.m. through 10:00 p.m. daily. No licensed marijuana business shall be open to the public between the hours of 10:01 p.m. and 7:59 a.m. on any day.
(13) 
All licensed facilities shall be subject to the maximum local cannabis transfer tax and user tax, as authorized by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).[1]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(14) 
It is intended and expressly understood that with respect to any issue of relevant land use or building requirements not specifically addressed in this overlay zone, those issues are subject to the Glassboro Development Regulations and Zoning Ordinance and all other ordinances and regulations of the Borough of Glassboro.