Gibbsboro City Zoning Code
ARTICLE IX
Permitted Modifications and Exceptions
§ 400-70 General permitted modifications.
[Amended 8-21-1984 by Ord. No. 84-20; 7-11-1990 by Ord. No. 90-10; 5-11-2005 by Ord. No. 2005-6]
The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:
A.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Nonresidential buildings may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one foot by which the building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet.
B.
Undersize lots. Within any residential zone, any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership on December 16, 1963, and the owner owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that all other regulations prescribed for the zone by this chapter are complied with, and further provided that no lot of less than 7,500 square feet in area or less than 75 feet of frontage shall be so used.
C.
Reduced yard widths for barrier-free access ramps in residential districts. Ramps to provide barrier-free access to a building used for residential purposes may encroach into any required yard width 1/2 the distance to the property line, without variance relief, provided the following criteria are met:
[Added 4-11-2012 by Ord. No. 2012-03]
(1)
The ramp shall be used to accommodate a person residing in the residence who exhibits one or more of the following conditions:
(a)
Have lost the use of one or more limbs as a consequence of paralysis, amputation, or other permanent disability.
(b)
Are severely and permanently disabled and cannot walk without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device.
(c)
Suffer from lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/Hg on room air at rest, or uses portable oxygen.
(d)
Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association.
(e)
Are severely and permanently limited in the ability to walk because of an arthritic, neurological, or orthopedic condition, or cannot walk 200 feet without stopping to rest.
(f)
Have a permanent sight impairment of both eyes as certified by the New Jersey Commission for the Blind.
(2)
A physician licensed in the United States shall certify the presence of one or more of the conditions in Subsection C(1) prior to the issuance of a building permit for the structure.
(3)
The barrier-free access ramp shall be designed to encroach into the required yard area the least distance feasible given the arrangement of the building, slope, drainage and the technical standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. Should it be feasible to provide accommodation in more than one location for the ramp, the ramp with the least visibility from the public street shall first be granted zoning permit approval.
(4)
Any portion of a barrier-free access ramp in a front yard shall have latticework attached to the support posts under the deck on any side facing a public street.
(5)
The barrier-free access ramp shall not encroach upon any public right-of-way or recorded easement.
(6)
Within 90 days of the cessation of the residence of a person upon the premises for whom the ramp provides an accommodation to their disability, the barrier-free access ramp shall be removed. The time for removal may be extended by the Zoning Officer upon reasonable cause.
§ 400-71 Conditional uses.
Conditional use regulations for specific and general principal and accessory uses are hereby established in § 400-71A through F of this chapter. Any requirement in the applicable zoning district in which these conditional uses are permitted that is not modified by the criteria below shall remain in full force and effect. Any conditional use shall be reviewed and approved in accordance with the issuance of conditional use permits as set forth in § 324-12 of the Code of the Borough of Gibbsboro.
A.
Utilities. Utilities that provide essential services to residences, businesses, and institutions shall be permitted in any zoning district, provided such use adheres to the following criteria, except as exempted from such review pursuant to § 400-7B:
(1)
The utility does not produce electricity or other forms of power.
(2)
The utility does not include a service yard for maintenance and/or extension of the utility system.
(3)
The minimum lot size for a sanitary sewerage or drainage system pumping station, electrical substation, telephone switching station or similar use shall be no less than 30 feet by 30 feet in area and dimension.
(4)
Aboveground structures shall be fenced in accordance with the streetscape fencing design standards of the Borough.
(5)
Landscape screening of the facility shall be required unless the Board of Jurisdiction determines that due to site conditions such landscape screening is unnecessary for aesthetic purposes.
B.
Hospitals, philanthropic or eleemosynary uses. Hospital, philanthropic or eleemosynary uses and structures, except correctional institutions, may be permitted in any residential zone, provided that the following standards and conditions are complied with:
(1)
The lot upon which such use and structure is proposed shall conform to the following standards and requirements:
(2)
The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, but in no case shall any proposed structure exceed 50 feet in height.
C.
Quasi-public buildings and recreation areas. Quasi-public buildings and recreation areas, including rod and gun clubs, clubhouses, parks, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit membership organizations, may be permitted in any R-40, R-15, or RLM residential zone, provided that the following standards and conditions are complied with:
(1)
It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of the organization.
(2)
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use are in keeping with the general character of the residential area and that sufficient landscaping, including trees, shrubs and lawns, is provided to serve as a buffer between said use and adjoining residential properties and to ensure an attractive appearance for the use.
(3)
The property proposed to be occupied by such use shall have a minimum lot area of three acres. Not more than 20% of the land area shall be occupied by buildings and structures, not including parking lots and infrastructure, and no more than 30% of the land area shall be impervious surface.
(4)
No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line and, in the case of a rod and gun club, no firing range shall be aimed at a residential use within 1,500 feet of the firing positions.
(5)
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of the membership shall be made unless additional land is acquired and supplemental application is made to the Planning Board.
(6)
The membership rolls shall be fixed annually on the first day of July, and a complete and itemized list of members shall be filed with the Borough Clerk within 30 days of said date.
D.
Gasoline filling stations; public and commercial garages. Gasoline filling stations and public and commercial garages shall be permitted as conditional uses when otherwise listed in a particular zoning district, provided that the following criteria are met:
(1)
In addition to the site plan application requirements in Chapter 324, Site Plan Review, of the Code of the Borough of Gibbsboro, the applicant shall provide details of the type, number, monitoring system, depth of installation, capacity, compliance with promulgated environmental standards and number of motor fueling pumps proposed for the facility.
(2)
The proposed use shall be located on a lot of at least 20,000 square feet and 3,500 square feet per motor fueling pump, whichever is greater. Each motor fueling pump may have multiple dispensers.
(3)
No motor fueling pump island shall be within 25 feet of a street line or other property line. This requirement shall be a minimum of 50 feet where a property line abuts a residential use or zoning district.
(4)
No garage door shall face an abutting residential zoning district.
(5)
All repair services shall take place within an enclosed interior space.
E.
Cannabis retailer. Cannabis retailers shall be permitted in the C-2 District as a conditional use, provided that the following criteria are met:
(1)
The facility shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health.
(2)
If the number of cannabis licenses is limited by the Borough Council, a Class 5 cannabis retailer license is available for the proposed cannabis establishment(s) in the Borough of Gibbsboro.
(3)
No cannabis retailer shall be located within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, day-care facility, or the following parks and playgrounds: Lauer Playground, the Cricket Field, Pole Hill Park, and Generations Memorial Park. Proximity shall be measured from the lot line to the nearest portion of the building containing a cannabis use. The subsequent approval of a school or any other facility in proximity to the cannabis use shall not render any existing cannabis business a nonconforming use.
(4)
No drive-through sales shall be permitted.
(5)
No curbside or parking lot pickup is permitted.
(6)
Consumption. No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises.
(7)
Security. All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by state law.
(a)
There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility, which video shall be retained and stored for the period prescribed by state law, but in no case shall such video be retained and stored for less than 30 days.
(b)
Plans and reports depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents, exempt from disclosure as public records.
(8)
Emergency power. Cannabis cultivation and manufacturing operations shall have a backup generator, capable of maintaining, at a minimum, all electronic security systems in the event of a power failure for at least 48 hours.
F.
Cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailers, and cannabis delivery services shall be permitted in the M-1 Industrial District as a conditional use, provided the following conditions, to the extent not inconsistent with state law or regulation, are met:
(1)
The facility shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health.
(2)
If the number of cannabis licenses is limited by the Borough Council, a license or licenses are available for the proposed cannabis establishment(s) in the Borough of Gibbsboro.
(3)
Enclosed building. All cultivation, manufacturing, storage and distribution activities shall take place within enclosed building or greenhouse structures. The facility shall be the sole occupant of its building.
(4)
Fencing. All structures utilized for any cultivation, manufacturing, storage or distribution of cannabis shall be enclosed by a fence at least six feet high.
(5)
Noise. Cannabis cultivation and manufacturing facilities shall operate in compliance with state, county, and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
(6)
Odor. Cannabis cultivation and manufacturing operations shall utilize available technology to filter and recirculate air, so that odors are not discernable by a reasonable person beyond the property line.
(7)
Location. No facility shall be located within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, day-care facility, or the following parks and playgrounds: Lauer Playground, the Cricket Field, Pole Hill Park, and Generations Memorial Park. Proximity shall be measured from the lot line to the nearest portion of the building containing a cannabis use. The subsequent approval of a school or any other facility in proximity to the cannabis use shall not render any existing cannabis business a nonconforming use.
(9)
Lighting. No light generated by any cannabis activities shall result in measurable light changes at the nearest property boundary to each structure.
(10)
Consumption. No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises.
(11)
Security. All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by state law.
(a)
There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility, which video shall be retained and stored for the period prescribed by state law, but in no case shall such video be retained and stored for less than 30 days.
(b)
Plans and reports depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents, exempt from disclosure as public records.
(c)
Emergency power. Cannabis cultivation and manufacturing operations shall have a backup generator, capable of maintaining, at a minimum, all electronic security systems in the event of a power failure for at least 48 hours.
(12)
Provided that all the other conditions are met, cannabis retailers are permitted in the M-1 Industrial District, provided that state and Gibbsboro cannabis retailer licenses are available and there shall be no direct sales to the public from the property. Retail sales must be transacted using a licensed cannabis delivery service. Nothing herein shall permit the retail sale of cannabis or marijuana products, the dispensing of cannabis or marijuana product, or the direct point sale or distribution of marijuana products except to other cannabis businesses licensed by the state, including a vertically integrated cannabis business.
[1]
Editor's Note: This ordinance also repealed former § 400-72, Utilities; § 400-73, Hospitals, philanthropic or eleemosynary uses; and § 400-74, Quasi-public buildings and recreation areas, all as amended 2-18-2014 by Ord. No. 2014-02; and § 400-75, Gasoline filling stations; public and commercial garages, as amended 8-26-1992 by Ord. No. 92-13; 5-8-2019 by Ord. No. 2019-03.