Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in § 450-14 of this article and for the zoning districts so indicated.
A.
A use listed in § 450-14 is permitted by right in any district under which it is denoted by the letter "P,"[1] subject to all applicable requirements of this chapter and subject to the issuance of a zoning permit in accordance with Article X.
[1]
Editor's Note: See the Table of Use Regulations included
as an attachment to this chapter.
B.
A use listed in § 450-14 is permitted as a conditional use in any district under which it is denoted by the letter "C," provided that the Borough Planning Board, pursuant to express standards and criteria set forth in § 450-14 and other applicable sections of this chapter, authorizes the issuance of a zoning permit in accordance with Article X.
Uses permitted by right or as conditional uses shall be subject,
in addition to use regulations, to such regulations of yard, lot size,
lot width, building area, provisions for off-street parking and loading
and to such other provisions as are specified in other articles hereof.
In particular, the laws of the State of New Jersey and the regulations
of the Salem County Department of Health regarding water supply and
waste disposal shall be adhered to.
Any use existing on the effective date of this chapter which is classified as requiring a conditional use or a special exception in the district in which the land occupied by the use is located and which was lawful at the time the use was established shall be deemed to have been granted a conditional use subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall be subject to the procedures specified in Articles VIII and X.
A.
No garage or other accessory building, partial structure or other
temporary structure shall be erected or moved onto a lot and used
for any dwelling purposes, unless authorized by the issuance of a
temporary zoning permit. Such permit shall clearly set forth that
the structure proposed is intended for temporary dwelling purposes
and that the authorized structure is to be vacated upon the expiration
of a specific time limit not to exceed two years. On receipt of the
zoning permit, the applicant shall certify that he has knowledge of
the terms of the permit and the penalty that can be invoked for violation.
B.
Nonconforming temporary buildings or uses incidental to a building
development and reasonably required for such development may be granted
temporary zoning permits according to the above procedures and regulations.
A.
Residential uses. Residential uses shall be as follows:
(1)
Use 1: single-family detached dwelling.
(2)
Use 2: single-family attached dwelling, provided that in R-3 Districts,
such dwellings must be part of a cluster development as provided in
Use 4.
(3)
Use 3: Conversion.
(a)
Conversion of an existing single-family detached dwelling (Use 1) to a single-family semidetached dwelling (§ 450-3, definition of "dwelling," Subsection C), a single-family attached dwelling (Use 2), a two-family duplex dwelling (§ 450-3, definition of "dwelling," Subsection E) or a multifamily dwelling, low-rise (Use 5); or
(c)
[1]
The lot area per dwelling unit shall not be reduced thereby
to less than the lot area required for single-family attached dwellings,
except within a zoning district designated Residential 1 or Residential
2 where the minimum lot area shall be 10,000 square feet per dwelling
unit.
[2]
The yard, building area and other applicable requirements for
the district shall not be reduced.
[3]
No structural alteration shall be made to the exterior of the
building, except as may be necessary for purposes of safety.
(5)
Use 5: multifamily dwelling, garden apartments. Multifamily dwelling,
garden apartments, having not more than three stories, subject to
the following provisions:
[Amended 7-5-2017 by Ord.
No. 2017-5]
(a)
Building standards. Maximum building size shall be restricted
to no more than 16 family units in any one continuous structure, and
there shall not be more than eight family units in any unbroken apartment
structure line. A setback of more than 10 feet shall be considered
as an acceptable break in the apartment structure line. No more than
three floors or levels may be used for dwelling units or living quarters
in any building.
(b)
Landscaping. Where side or rear lot lines of a multifamily dwelling
development abut a residential district, an evergreen planting shall
be provided along said side or rear lot lines. Maintenance of plant
material shall be a continuing obligation of the owner of the property.
(c)
Off-street parking design standards. In addition to the off-street parking provisions of Article VII, the following additional provisions shall be required:
[1]
All parking spaces and access drives shall be at least 20 feet
from any multifamily dwelling on the lot.
[2]
No one area for off-street parking of motor vehicles shall exceed
30 cars in capacity. Separate parking areas on a lot shall be physically
separated from one another by an eight-foot planting strip.
[3]
All off-street parking shall be developed within the confines
of the lot.
(6)
Use 6: multifamily dwelling, mid-rise, a building containing more
than three stories but no more than eight stories, a building containing
12 or more dwelling units not having party walls forming a complete
separation between individual dwellings but having a single common
entrance and hallway system and provided with an elevator. Such multiple
dwellings shall be subject to the following provisions:
(a)
Lot area per dwelling unit. Each lot used for such a multiple
dwelling shall provide a lot area for each dwelling unit.
(b)
Gross floor area. The floor area ratio is the gross floor area divided by the lot area. No mid-rise multiple-family dwelling shall have a floor area ratio (FAR) exceeding 0.6, except that the FAR may be increased up to a maximum of 1.5 according to the formula listed below, as the building coverage is reduced below the maximum of 30% established in § 450-17.
[Amended 7-5-2017 by Ord.
No. 2017-5]
|
Building Coverage
|
FAR
| |
|---|---|---|
|
24% to 30%
|
0.6
| |
|
23%
|
0.7
| |
|
22%
|
0.8
| |
|
21%
|
0.9
| |
|
20%
|
1.0
| |
|
19%
|
1.1
| |
|
18%
|
1.2
| |
|
17%
|
1.3
| |
|
16%
|
1.4
| |
|
15%
|
1.5
|
(c)
Open space. A portion of the lot equal to the gross floor area
shall be usable open space. Usable open space is defined as space
on a lot which is unoccupied by buildings, unobstructed to the sky,
not devoted to driveways or off-street parking or loading and devoted
to landscaping, drying yards, recreation space and other like uses,
and, additionally, up to half the required usable open space may be
made up of space on exterior balconies and roofs available for the
purposes listed above.
(d)
Access. Access to a mid-rise multiple-family dwelling shall
be taken only from an arterial highway or a collector street.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(e)
Off-street parking design requirements.
[1]
All off-street parking lots and their access drives shall be
at least 20 feet from any principal building on a lot.
[2]
No one area for off-street parking of motor vehicles shall exceed
30 automobiles in capacity. Separate parking areas on a lot shall
be physically separated from one another by eight-foot planting strips.
(7)
Use 7: rooming house, a building or part of a building occupied or
intended to be occupied by two or more roomers, boarders or lodgers,
provided that the minimum lot area per sleeping room shall be 1,000
square feet notwithstanding other provisions of this chapter.
(8)
Use 8: dwelling in combination with an existing or permitted office
or commercial use, provided that the lot and parking requirements
are met for both uses.
(9)
Use 8A: community residences, as defined by N.J.S.A. 40:55D-66.1
and 40:55D-66.2, shall be permitted uses in all residential districts
and the requirements therefor shall be the same as for single-family
units located within such district.
[Added 10-4-1988 by Ord.
No. 88-15; amended 3-18-2003 by Ord. No. 2003-1]
B.
Institutional, recreational and educational uses. Institutional,
recreational and educational uses shall be as follows:
(1)
Use 9: religious use, including churches, synagogues, religious foundations
or societies, plus associated convents, parish houses and other housing
for religious personnel, subject to the following provisions:
(2)
Use 10: school, including religious and nonsectarian, denominational,
private or public school not conducted as a private gainful business,
subject to the following provisions:
(3)
Use 11: cultural facility, including art galleries, libraries or
museums, open to the public or connected with a permitted educational
use and not conducted as a private gainful business.
(4)
Use 12: auditorium, community center, adult education center or other
similar facility operated by an educational, philanthropic or religious
institution, subject to the following provisions:
(5)
Use 13: day nursery, nursery school, kindergarten or other agency
giving day care to children, provided that outdoor play areas shall
be sufficiently screened and sound insulated so as to protect the
neighborhood from inappropriate noise and other disturbance.
(6)
Use 14: recreational facility owned or operated by the Borough or
other governmental agency.
(7)
Use 15: recreational facility owned or operated by a nongovernmental
agency, subject to the following additional provisions:
(9)
Use 17: nursing home:
(a)
A nursing home, also commonly known as a "convalescent home,"
is a licensed establishment which provides full-time convalescent
or chronic care, or both, for three or more individuals who are not
related by blood or marriage to the operator and who, by reason of
chronic illness or infirmity, are unable to care for themselves. No
surgical nor obstetrical services shall be provided in such a home;
a hospital or sanitarium shall not be construed to be included in
this definition.
(10)
Use 18: hospital:
(a)
A hospital, for the purpose of this chapter, is a licensed establishment
which provides health services primarily for inpatient medical or
surgical care of the sick or injured, including such related facilities
as laboratories, outpatient departments, training facilities, central
service facilities and staff offices as an integral part of the establishment.
(11)
Use 19: medical center:
(a)
A group of facilities providing health services such as medical
research facilities, including laboratories, outpatient departments,
training facilities, medical offices and central service facilities
operated as an integral part of the facility, and commercial uses
supplementary to it.
C.
Business or office uses. Business or office uses shall be as follows:
(1)
Use 20: professional service limited to offices of physicians, lawyers,
clergymen, teachers, dentists, architects, engineers, professional
planners, insurance agents, opticians and medical and related offices,
which do not involve the actual storage, exchange or delivery of merchandise
on the premises, provided that:
(a)
The use shall have frontage on and access to a collector or
arterial highway.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(b)
Such use shall be carried on wholly indoors and within the principal
building.
(c)
There shall be no use of show windows nor display nor advertising
visible outside the premises to attract customers or clients other
than one nonilluminated sign not exceeding four square feet in area.
(2)
Use 21: business service limited to banks and offices for real estate,
stock and bond brokers, accountants, adjusters, appraisers, and utility
companies, provided that the additional provisions of Use 20 are met.
(3)
Use 22: business service limited to governmental offices.
(4)
Use 23: health service limited to medical or dental offices, laboratories
and clinics, provided that the additional provisions of Use 20 are
met.
(5)
Use 24: veterinary office or animal hospital, defined herein as any
building used for the treatment, housing or boarding of small domestic
animals such as dogs, cats, goats, rabbits and birds or fowl by a
veterinarian.
(6)
Use 25: trade or professional school, music or dancing school.
D.
Commercial uses. Commercial uses shall be as follows:
(1)
Use 26: retail shop, stores for the retail sale of antiques, books,
beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts,
garden supplies, hardware, household appliances, jewelry, notions,
periodicals, stationery, tobacco, paint, wearing apparel and other
similar goods, but not including stores requiring extensive outdoor
display or which allow food or beverages to be consumed on or immediately
about the premises.
(2)
Use 26A: outdoor display, open air markets and food consumption when
directly related to permitted retail shop as a conditional use, but
cannot block sidewalk; temporary use only.
[Added 10-19-1999 by Ord.
No. 99-20]
(3)
Use 27: bulk commercial, stores for the sale of lumber, automobiles,
agricultural machinery, boats or any other items requiring extensive
outdoor display.
(4)
Use 28: personal service, including barbershop, beauty parlor, laundry
or cleaning agency, self-service laundry and wearing apparel.
(5)
Use 29: repair service, including shops for appliances, watches,
guns, bicycles, locks, etc.
(6)
Use 30: eating place for the sale and consumption of food and beverages
without drive-in or take-out service (service at table or sit-down
counter facilities only).
(7)
Use 31: eating place for the sale and consumption of food and beverages
with drive-in or take-out service.
(8)
Use 32: mortuary or funeral home, provided that the additional provisions
of Use 20 are met.
(9)
Use 33: public entertainment facility, activities operated as a gainful
business, open to the public, for the purpose of public entertainment
or recreation, including but not limited to bowling alleys, motion-picture
theaters, health clubs, etc., but not including outdoor facilities
such as golf courses, driving ranges or amusement parks. Adequate
measures to prevent noise and other noxious influences from disturbing
nearby residential properties must be taken.
(10)
Use 34: motel, hotel, tourist home or building or group of buildings
for the accommodation of transient guests, chiefly motorists, containing
guest rooms for rent.
(12)
Use 65: bar/nightclub.
[Added 10-19-1999 by Ord.
No. 99-20]
(13)
Use 66: liquor store for sale of package goods only in conjunction
with bar/nightclub.
[Added 10-19-1999 by Ord.
No. 99-20]
(14)
Use 67: tourist home (bed-and-breakfast); refers to the practice
of renting sleeping rooms, with common parlor area, for one night
at a time, on a transient basis.
[Added 10-19-1999 by Ord.
No. 99-20]
E.
Automotive service uses. Automotive service uses shall be as follows:
(1)
Use 35: parking area or garage, defined herein as a lot of record
upon which the parking or storing of automotive vehicles is the primary
use, provided that:
(a)
Such area will be used for the parking of cars of employees,
customers or guests of existing establishments in the same district
where subject parking area is proposed.
(b)
No sale, rental, service or repair operation shall be performed.
(c)
The parking or storage of trucks or trailers shall not be permitted.
(2)
Use 36: gasoline service station, subject to the following provisions:
(a)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(b)
Fuel pumps shall be at least 20 feet from any street right-of-way.
(c)
All automobile parts, dismantled vehicles and similar articles
shall be stored within a building or fully screened on all sides.
(d)
Full-body paint spraying or body and fender work shall not be
permitted.
(3)
Use 37: repair garage, including paint spraying and body and fender
work or car-washing facility, provided that all repair and paint work
is performed within an enclosed building or fully screened on all
sides.
(4)
Use 38: sale of automotive accessories, parts, tires, batteries and
other supplies, provided that installation of parts shall be in an
enclosed structure or fully screened on all sides.
F.
Transportation facilities. Transportation facilities shall be as
follows:
(1)
Use 39: bus or taxicab terminal.
(2)
Use 40: school bus yard.
(3)
Use 41: truck terminal.
(4)
Use 42: railroad station or railway service.
(5)
Use 43: helistop; any landing area used for the landing and taking
off of helicopters for the purpose of picking up or discharging passengers
or cargo, subject to the following additional provisions:
(a)
A minimum landing area of 10,000 square feet with each dimension
being at least 100 feet; if a rooftop landing area, the minimum landing
area shall be 40 feet by 40 feet.
(b)
Excepting rooftop landing areas, the entire landing area is
to be surrounded by a fence at least six feet in height.
(c)
No fueling, refueling, service or storage facilities shall be
included.
(d)
The proposed helistop will not adversely affect the adjoining
land uses, the safety and welfare of nearby residents or the future
growth and development of the area in which it is to be located.
G.
Utilities. Utilities shall be as follows:
(1)
Use 44: communication facility, including telephone or telegraph
exchange, microwave relay station and radio or television broadcasting
studio.
(2)
Use 45: supply utility, including water supply works and storage
and electric substations, plus necessary rights-of-way and transmission
lines, provided that:
(a)
Except in COS and H-C/I Districts, no public business office
shall be operated in connection with such use.
(b)
In no district shall any storage yard or storage building be
operated in connection with such use unless such storage facility
is essential to service customers in the district in which it is located.
(c)
All transmission lines shall be underground.
(d)
A seventy-five-foot buffer yard shall be provided along all
property lines.
(4)
Use 47: sanitary utility, including sewerage works, sewage pumping
station, plus associated collection line and right-of-way, but not
including refuse dump, incinerator or sanitary landfill, provided
that such facilities are intended to serve primarily residents of
the Borough of Penns Grove.
(5)
Use 48: fire station.
(6)
Use 49: fire signal.
H.
Industrial use. Industrial uses shall be as follows:
(2)
Use 51: warehousing, not including outdoor storage unless the provisions
of Use 59 are met.
(3)
Use 52: manufacturing, including the production, processing, cleaning,
printing, testing and distribution of materials, goods, foodstuffs
and other products. Manufacturing, processing or assembling of small
parts and products, such as electronic instruments and devices, radios
and phonographs, medical and surgical instruments, optical products,
pharmaceuticals, toiletries, jewelry, mechanical instruments and other
similar small parts and products.
(4)
Use 53: laboratory for research, testing or experimentation.
(5)
Use 54: contractor's office and storage, including building,
cement, electrical, heating, plumbing, masonry, painting and roofing
contractors, provided that the storage provisions of Use 59 are met.
I.
Accessory uses. Accessory uses shall be as follows:
(1)
Use 55: home occupation; activities customarily carried on in a dwelling
unit which are clearly incidental and secondary to the use of the
dwelling for residential purposes, provided that:
(a)
The home occupation shall be carried on wholly indoors and within
the principal building.
(b)
There shall be no maintenance of a stock-in-trade, no use of show windows nor display or advertising visible outside the premises to attract customers or clients, other than home occupation announcement signs as permitted and regulated in Article VI, and no exterior storage of materials.
(c)
No alterations, additions or changes to the structure shall
be permitted in order to accommodate or facilitate a home occupation.
(d)
No articles shall be sold or offered for sale except such as
may be produced on the premises.
(e)
No repetitive servicing by truck for supplies and materials
shall be required.
(f)
The home occupation shall be carried on only by members of the
immediate family residing in the structure.
(2)
Use 56: residential accessory buildings, structures and uses.
(a)
Residential accessory building or structure or use, including
but not limited to:
[1]
Parking spaces for the parking of passenger automobiles, but
excluding parking of commercial vehicles other than vehicles not exceeding
one-half-ton loading capacity that are needed for travel to and from
work by residents of the principal building and are completely enclosed
within a building, and also excluding repairs, sale of gas and other
such commercial uses.
[2]
Structures such as fences and walls.
[3]
Buildings such as storage sheds, bath houses and private greenhouses.
[4]
Private swimming pools wherever constructed as a stationary or permanent structure or wherever temporarily erected for use, provided that the provisions of Chapter 404, Swimming Pools, are complied with.
[5]
The keeping of one roomer, boarder or lodger as an accessory
use to any dwelling unit, if such roomer, boarder or lodger is within
the principal residential building.
(b)
Residential buildings, other than those for domestic servants
and caretakers employed on the premises and for occasional gratuitous
guests, are not to be considered residential accessory buildings,
structures or uses.
(3)
Use 57: temporary structure or use. A temporary permit may be issued
for structures or uses necessary during construction or other special
circumstances of a nonrecurring nature, subject to the following additional
provisions:
(4)
Use 58: accessory building or structure or uses customarily incidental
to the uses permitted in R-3, COS and H-C/I Districts in connection
with such uses, except outside storage, provided that any use accessory
to a use permitted only under a special exception shall be established
only if and as provided in such exception.
(5)
Use 59: outside storage, other than storage as a primary use of the
land, necessary but incidental to the normal operation of a primary
use.
(a)
Such shall be subject to the following provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas
and no part of the required front yard shall be occupied by outside
storage.
[2]
Outside storage areas shall occupy an area of less than 1/2
the existing building coverage.
[3]
Outside storage areas shall be shielded from view from the public
streets.
(b)
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of Subsection I(5)(a)[2] and [3] above when granted as a conditional use by the Planning Board. Such uses shall be subject to the following additional provisions:
[1]
No more than 25% of the lot area shall be used in outdoor storage.
[2]
Particular uses appropriate for consideration under this provision
include, but are not limited to, bulk commercial (Use 27), school
bus yard (Use 40) and truck terminals (Use 41). Among the uses that
shall not be considered appropriate for inclusion under this provision
are retail shops and stores (Use 26), repair shops for appliances
(Use 29), gasoline service station (Use 36), sale of automotive accessories
(Use 38), wholesale business (Use 50), warehousing (Use 51), manufacturing
(Use 52) and contractor offices and shops (Use 54).
(6)
Use 60: outside display of goods, wares or merchandise, upon a fixture,
table, machine or other device for the display and/or sale of merchandise,
limited to the portion of the sidewalk adjacent to the inside line
thereof, extending not more than 24 inches toward the curbline, where
the sidewalk is sufficiently wide so that a free and unencumbered
walkway at least six feet in width remains available for the use of
pedestrians. Penalties for violation of these provisions shall be
as stated in the Borough ordinance.[3]
(7)
Use 61: travel trailer, storage of, subject to the following provisions:
(10)
Use 68: wind energy conversion system (WECS).
[Added 4-19-2011 by Ord.
No. 2011-6; amended 7-5-2017 by Ord. No. 2017-5]
(a)
Wind energy conversion systems shall be permitted in the R-1
(Residential 1) District, R-2 (Residential 2) District, R-3 (Residential
3) District, COS (Commercial, Office, Service) District and H-C/I
(Highway-Commercial/Industrial) District as a conditional use.
(b)
In addition to submission of the site plan checklist items required
pursuant to this chapter, the following information shall be provided:
[1]
Location and elevation of proposed WECS.
[2]
Location, dimension and type of existing structures and uses
on the site.
[3]
Location of all aboveground utility lines on site within the
distance of the height of the WECS.
[4]
Zoning designation of the adjacent properties within a two-hundred-foot
radius of the subject property.
(c)
These conditions must be met when installing a WECS and shall
be provided to the Planning Board and the Construction Code Official
at the time conditional use approval and/or a building permit is sought:
[1]
All WECS generators, alternators or other components shall be
properly shielded and/or filtered so as to prevent the emission of
radio-frequency energy which would, or may, cause any harmful interference
with radio and/or television broadcasting or reception. Appropriate
certified clearances must be provided, upon request, to the state,
county, local, and federal agencies such as the Federal Aviation Administration,
Department of Defense, Department of Environmental Protection, Federal
Communications Commission, and any other governing agency having appropriate
interest and concern.
[2]
The maximum aggregate and/or sustained level of noise permitted,
in any zone, due to the operation of a WECS shall not exceed 50 decibels,
as measured on the standard dBa scale, measured at the property lines
of the site.
[3]
The installation of WECS in commercial and agricultural property
zones must meet all of the above criteria, standards, and codes referred
to, except for backyard placements. The installation of a WECS will
not be granted approval if the structure or electromagnetic interference
in any way jeopardizes the safety of commercial and/or private aviation
as may be the case for the Philadelphia International Airport and
the Penns Grove Borough Airport.
[4]
The WECS manufacturer shall document that a wind energy conversion
system mode has operated safely in atmospheric conditions for a period
of not less than three months.
[5]
All electric lines/utility wires shall be buried underground.
[6]
The building permits for WECS shall be accompanied by calculations
and certification by a professional engineer, licensed by the State
of New Jersey, that all construction and foundations proposed shall
sustain wind loadings of 115 miles per hour.
[7]
Any mechanical equipment associated and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot fence. The supporting tower shall also be enclosed
with a six-foot fence unless the base of the tower is not climbable
for a distance of 12 feet.
[8]
The minimum distance between the ground and any part of the
rotor or blade of the WECS shall be 20 feet, as measured from the
lowest point of the arc of the blade.
[9]
All WECS shall be located within the rear yard. The minimum
setback of the tower shall be not less than 1.5 feet times the height
of the tower from any property line, inhabited structure, or right-of-way
for any overhead electrical transmission or distribution lines. The
foundations and guy wire anchors must comply with all applicable building
codes.
[10]
The maximum height allowable shall be 120 feet,
unless otherwise restricted by state or federal statutes or restrictions
by any other governing agency having appropriate jurisdiction.
[11]
The tower and generating unit shall be kept in
good repair and sound condition as not to threaten the health and
safety of any individual or animal.
[12]
Upon abandonment of use, the tower and related
structures (including all footings, guy wires, etc.) shall be dismantled
and removed from the property within 60 days. A performance bond shall
be posted to assure the same.
[1]
Editor's Note: See the Table of Use Regulations included
as an attachment to this chapter.
[Added 5-2-2006 by Ord.
No. 2006-10]
A.
Declaration and findings of policy; scope.
(1)
Whereas sexually oriented businesses are a serious hazard to the
public health, welfare, safety and quality of life; and whereas sexually
oriented businesses have a demonstrable deleterious effect on both
the existing businesses and surrounding residential areas; and whereas
sexually oriented businesses create an atmosphere which is inimical
to the values of this significant segment of the Borough's population;
and whereas sexually oriented businesses, when located in close proximity
to each other, contribute to urban blight and downgrade the quality
of life in the surrounding areas, now, therefore, it is the policy
of the Borough of Penns Grove to regulate sexually oriented businesses,
to protect the public health, welfare and safety and the quality of
life.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(2)
This section shall apply to the regulation of sexually oriented businesses
within the limits of the Borough of Penns Grove.
B.
Location of sexually oriented businesses.
(1)
A person violates this section if he operates or causes to be operated
a sexually oriented business within 3,500 feet of:
(a)
A place of worship.
(b)
Any school, whether public or private.
(c)
A boundary of a residential zoning district as defined and shown
on the Zoning Map of the Borough of Penns Grove which is included
as a part of this chapter.
(d)
Any other sexually oriented business.
(e)
A public building or park.
(2)
Measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the
building or structure used as part of the premises where a sexually
oriented business is conducted to the nearest property line of the
premises of a place of worship, a school, a boundary of a residential
district, a public area, a lot devoted to residential use or another
sexually oriented business.
C.
Development standards.
(1)
Buildings used for sexually oriented businesses shall meet all applicable
safety standards of the Borough of Penns Grove, including but not
limited to adequate fireproofing of walls, floors, and ceilings, adequate
fire escapes and exits and adequate fireproofing of all book and/or
film storage areas.
(2)
Parking shall be provided at a ratio of one square foot of parking
for every square foot of building area. Such parking shall be paved,
striped and appropriately marked and otherwise comply with all existing
requirements for off-street parking plan and design standards. In
addition, all parking spaces shall be linked in an internal circulation
system with one access and one egress point to and from the subject's
site. No parking shall be allowed within the buffer area designated
in this section.
(3)
All off-site improvements, such as curbs, gutters, sidewalks, drive
approaches, lighting, landscaping and street trees, shall be provided
as required by the Planning Board.
(4)
The interior of the bookstore or adult facility shall be adequately
lighted and constructed so that every portion thereof is readily visible
to the clerk or other supervisory personnel from the counter or other
regular stations.
(5)
Lobby and entrance areas should be designed so as to minimize obstructions
of sidewalks during operating hours.
(6)
Advertisements, displays or other promotional material shall not
be shown or exhibited so as to be visible to the public from pedestrian
sidewalks or walkways or from other areas, public or semipublic, and
such displays shall be considered signs.
(7)
No outdoor loudspeakers or sound equipment audible to the exterior
of the structure housing the sexually oriented business shall be used.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(8)
All of the above items listed in this subsection shall be evaluated
subject to the following controls:
(a)
Minimum site size. The minimum site size shall be two acres,
with a minimum width of 400 feet.
(b)
Lot coverage. Coverage of the lots by the principal building
shall not exceed 5% of the total site area.
(c)
Building height. Maximum height of the building shall not exceed
2 1/2 stories or 35 feet.
(d)
Buffer area. At a minimum, and except where otherwise noted,
there shall be a buffer area of 100 feet around the entire perimeter
of this site. This area shall be landscaped with a double alternating
row of evergreen trees, six feet in height at time of planting, spaced
eight feet on center. Such trees shall augment natural landscaping.
In the event that natural landscaping is not available around the
site, then additional landscaping shall be provided in the form of
another alternating row of evergreen trees as prescribed herein.
(e)
Building setback. The principal building shall be set back 150
feet from any road or front property line.
(f)
All trash, refuse, articles or any matter to be disposed of
shall be shredded or cut in such a fashion so that the remains shall
not be readable, legible or discernible.
(g)
Construction of all walls and partitions in buildings in which
movies, films or shows of any kind are shown shall be subject to the
following:
[1]
In the construction of all walls and partitions in all rooms
or booths, material of not less than one-hour fire-resistant time
shall be used.
[2]
All aisles in such establishments shall be not less than 50
inches in width.
[Amended 7-5-2017 by Ord.
No. 2017-5]
[3]
The light level in such establishments shall not be less than
10 footcandles at floor level.
[4]
In every room of such establishments, there shall not be fewer
than two lighted exits within the constant and unobstructed view of
the occupants, which exits shall lead directly to the outside of such
building.
(h)
Single use. No building, premises, structure or other facility
that contains any sexually oriented business shall contain any other
kind of sexually oriented business. No building, premises or structure
or other facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any sexually oriented business.
[Amended 7-5-2017 by Ord.
No. 2017-5]
D.
Use regulations.
(1)
No person under the age of 18 years shall be permitted into any sexually
oriented business premises at any time for any purpose. A sign conspicuously
posted shall give notice of this regulation.
(2)
Hours of operation shall be no earlier than 9:00 a.m. nor later than
12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually
oriented businesses shall be closed on Sundays.
