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