Gibbsboro City Zoning Code
ARTICLE IV
District Regulations
§ 400-11 R-40 Residential Zone.
[Amended 2-15-1983 by Ord. No. 83-1]
B.
Permitted accessory uses.
(1)
A home occupation or a professional office in a dwelling, provided that:
(a)
The use is conducted by a resident and does not employ more than one nonresident of the dwelling.
(b)
The space devoted to such uses does not exceed 25% of the floor area of the structure.
(c)
All off-street parking requirements be met.
(d)
No external alterations inconsistent with the basic residential nature of the structure shall be permitted.
(e)
There shall be no display of products or storage of goods or materials visible from outside the building.
(f)
No more than one vehicle associated with the home occupation or professional office shall be parked or garaged on the premises or on a public street in the immediate proximity of the site.
(2)
Private parking garages and off-street parking areas intended for the exclusive use of residents of the premises and visitors thereto.
(3)
Private recreational uses intended for the exclusive use of residents and their guests; provided, however, that no fee is charged for their use.
(5)
Temporary roadside stands may be erected for the sale of garden products and garden commodities produced on the same property where offered for sale, provided that no building or structure other than a portable stand shall be constructed for such sale; such stand shall be removed during the season when such products are not being offered for sale, and in no case shall they remain longer than for a period of six months of any one year; and, such stand shall not be placed closer than 25 feet to any lot line.
(7)
Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.
C.
Conditional uses. The following conditional uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
Institutional uses. Churches and similar houses of worship, parish houses, convents, monasteries and cemeteries; elementary and secondary schools and institutions of higher learning not conducted as a business; governmental office buildings, libraries, museums and similar facilities operated for the benefit of the general public; and public utility installations and facilities, provided that the following conditions are met:
(b)
The pedestrian and vehicular circulation shall be designed to ensure that all parking spaces are usable and are safely and conveniently arranged, that access to the site from adjacent roads will interfere to the least extent possible with the free flow of traffic and shall permit a safe and rapid exit and entrance, that pedestrians will be able to traverse parking areas to buildings in safe and efficient manner and that the circulation plan is consistent with municipal, county and state standards and requirements.
(c)
A twenty-five-foot-wide buffer planting strip, pursuant to the standards and location of § 400-18E(4), shall be provided.
(d)
The design of the building shall consider the general character of the surrounding area in which it is located or is to be located in order to achieve harmony with the existing neighborhood and shall not adversely affect the value of property.
(e)
All structures shall be set back a minimum of 50 feet from any property line.
(f)
The maximum building coverage shall be 25% of total lot area or the maximum permitted in the district in which it is located or is to be located, whichever is less.
(g)
Minimum lot size for all conditional uses under this subsection shall not be less than two acres, with the exception of public utility facilities or operations, which shall have a minimum lot size of 900 square feet.
(h)
All area and yard requirements not herein modified shall apply.
(2)
Planned residential developments. Planned residential developments may be permitted, provided that the following conditions are met:
(a)
Only single-family detached dwellings with open space shall be permitted as a principal use.
(b)
Planned residential developments shall have a minimum tract size of 10 acres.
(c)
All land in a planned residential development shall be contiguous.
(d)
The maximum number of dwellings permitted in a planned residential development shall be equal to the gross acreage of the tract minus any land included in a Conservation District, rounded to the nearest whole number.
(e)
A minimum of 20% of the gross acreage shall be in open space, of which no more than 75% shall be in a Conservation District.
(f)
Planned residential development shall be served by public sewer and water.
(g)
Area and yard requirements. The following regulations shall apply to all lots within the planned residential development:
[1]
Minimum lot size: 20,000 square feet, exclusive of any portion of the lot in a Conservation District.
[2]
Minimum lot frontage at the street line: 60 feet.
[3]
Minimum lot width at the building line: 80 feet.
[4]
Maximum lot coverage: 20% of total lot area.
[5]
Maximum height: 35 feet.
[6]
Minimum front yard: 50 feet.
[7]
Minimum side yards: 12 feet for one side yard, 30 feet aggregate for both side yards.
(h)
Open space requirement. The open space thereby established shall be either acceptable for dedication to the Borough or shall be dedicated to a homeowners' association. The homeowners' association shall be established by the developer to provide for the ownership and maintenance of the open space pursuant to N.J.S.A. 40:55D-43 and reviewed and approved as to form by the Planning Board and its Solicitor. Nothing herein shall be construed as to require the dedication of the open space for public use nor of the acceptance of such open space by the municipality.
D.
Yard, area and building requirements. Except as modified by § 400-11C, the following standards shall apply to all structures constructed in an R-40 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
Minimum lot area: 40,000 square feet, exclusive of any portion of the lot in a Conservation District.
(2)
Minimum lot frontage at the street line: 100 feet.
(3)
Minimum lot frontage at the building line: 80 feet.
(5)
Maximum lot coverage: 25%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(6)
Maximum height: 35 feet.
(7)
Minimum front yard: 50 feet.
(8)
Minimum side yards: 25 feet each.
(9)
Minimum rear yard: 75 feet.
§ 400-12 R-15 Residential Zone.
[Amended 11-21-1978 by Ord. No. 78-12; 2-15-1983 by Ord. No. 83-1]
A.
Permitted principal uses shall be the same as in an R-40 District.
[Amended 11-12-2012 by Ord. No. 2012-05]
B.
Permitted accessory uses shall be as specified for in an R-40 District.
C.
Permitted conditional uses shall be as provided for in an R-40 District.
D.
Yard, area and building requirements. Except as modified by § 400-11C, the following standards shall apply to all structures construed in an R-15 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
Minimum lot area: 15,000 square feet, exclusive of any portion of the lot in a Conservation District.
(2)
Minimum lot frontage at street line: 60 feet.
(3)
Minimum lot frontage at building line: 80 feet.
(5)
Maximum lot coverage: 40%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(6)
Maximum height: 30 feet.
(7)
Minimum front yard: 40 feet.
(8)
Minimum side yards: 12 feet for one side yard, 30 feet aggregate for both side yards.
(9)
Minimum rear yard: 30 feet.
§ 400-13 R-10 Residential Zone.
[Amended 11-21-1978 by Ord. No. 78-12; 2-15-1983 by Ord. No. 83-1]
A.
Permitted principal uses shall be the same as in an R-40 District.
[Amended 11-12-2012 by Ord. No. 2012-05]
B.
Permitted accessory uses shall be as specified in an R-40 District.
C.
Conditional uses shall be as specified in an R-40 District.
D.
Yard, area and building requirements. Except as modified by § 400-11C, the following standards shall apply to all structures constructed in an R-10 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
Minimum lot area: 10,000 square feet, exclusive of any portion of the lot in a Conservation District.
(2)
Minimum lot frontage at street line: 55 feet.
(3)
Minimum lot frontage at building line: 75 feet.
(5)
Maximum lot coverage: 50%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(6)
Maximum height: 30 feet.
(7)
Minimum front yard: 30 feet.
(8)
Minimum side yards: 10 feet for one side yard, 25 feet aggregate for both side yards.
(9)
Minimum rear yard: 20 feet each.
§ 400-14 RLM Residential Low and Moderate Zone.
[Added 7-21-1987 by Ord. No. 87-11; amended 9-13-1995 by Ord. No. 95-8; amended 5-11-2005 by Ord. No. 2005-6; 5-10-2006 by Ord. No. 2006-9; 6-28-2006 by Ord. No. 2006-11; 2-18-2014 by Ord. No. 2014-01; 10-8-2024 by Ord. No. 2024-12]
A.
Purpose and intent. The purpose and intent of the RLM Residential Low and Moderate Zone is to provide for age-restricted inclusionary affordable housing in the Borough of Gibbsboro to aid in meeting its constitutional obligation to provide for very-low-, low- and moderate-income housing in accordance with the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). The RLM Zone is being implemented in accordance with the objectives of the Housing Plan Element of the Master Plan and its implementing resolutions, ordinances, and agreements constituting the Fair Share Plan. The RLM District provides a compensatory benefit over the preceding zoning district's use and/or intensity standards sufficient to address the affordable housing components of inclusionary development. A secondary purpose is to provide additional opportunities for small-scale retail sales and service, and medical office use on a ground floor in a mixed-used building of buildings in conjunction with the development of housing.
B.
Permitted uses. In the RLM Residential Low and Moderate Zone, the following uses, and no others, shall be permitted:
(2)
Accessory uses:
(a)
Community building for the use of residents.
(b)
Parks and conservation areas; open space.
(c)
Indoor and outdoor recreational facilities for the use of residents.
(d)
Community swimming pool for the use of residents with ancillary services.
(e)
Off-street parking, including automobile sheds and garages.
(f)
Fences and walls, gazebos, mail kiosks, ornamental gatehouses and other street furniture.
(g)
Maintenance and storage building.
(h)
Management office.
(j)
Home occupation.
(k)
Accessory uses customarily incidental to a principal use, but not to include an operational gatehouse or other means of controlling access to and from streets.
(3)
Conditional uses. The following conditional uses shall be permitted with a gross leasable floor area of 1,000 square feet but not greater than 4,000 square feet per tenant, for a total of not more than 16,000 square feet gross leasable area in the development. Such use shall be located on the ground floor of a mixed use building where any upper floors consist of age-restricted multifamily dwellings.
C.
Inclusionary development required. At least 15% of the total number of units in the RLM District shall be affordable to households of low and moderate income as defined in the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.) and the substantive rules of the Council on Affordable Housing (N.J.A.C. 5:93-1 et seq.), as they may be amended or superseded for rental tenure and 20% for for-sale developments. All portions of the development that include affordable housing units shall comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
D.
Bulk standards. The following area, yard, and coverage standards shall apply to uses within the RLM Zone:
(1)
Maximum gross density shall not exceed 12 dwelling units per acre.
(2)
Minimum tract area shall be 32,500 square feet.
(3)
Minimum tract frontage shall be 75 feet.
(4)
Maximum building coverage for the tract shall not exceed 30%.
(5)
Maximum impervious surface coverage: 65% of the tract area.
(6)
Minimum tract perimeter setback shall be 40 feet except in the event where adequate agreement exists for the continuation of a building or buildings across the tract perimeter as determined by the Planning Board, in which case side yard of the tract may be zero feet.
(7)
Maximum building height.
(a)
Townhouse: 2 1/2 stories and 35 feet.
(b)
Multifamily and mixed-use buildings: four stories and 55 feet.
(c)
Community building: 28 feet.
(d)
Maintenance building and other accessory structures: 18 feet.
(e)
Building limitations and separation requirements for townhouses and multifamily uses shall be as indicated in the following table:
Requirement | Standard |
|---|---|
Maximum dwellings per building (townhouses) | 8 dwellings |
Maximum dwellings per building (multifamily) | No limit |
Minimum distance from building front to building front | 50 feet |
Minimum distance from building front to building side | 35 feet |
Minimum distance from building front to building rear | 50 feet |
Minimum distance from building side to building rear | 35 feet |
Minimum distance from building rear to building rear | 40 feet |
Minimum distance from building side to building side | 20 feet |
(8)
Fee simple townhouse and community building requirements when placed on a fee simple lot shall be as indicated in the following table:
Use | Townhouse | Community Building |
|---|---|---|
Minimum lot size | 1,800 sf. | 4,000 sf. |
Minimum lot frontage | 18 feet; 22 feet if internal garage | 40 ft. |
Minimum lot depth | 100 ft. | 100 ft. |
Maximum building coverage | 70% | 60% |
Maximum lot coverage | 80% | 75% |
Principal Building Minimum Yard Depths and Height Limitations | ||
Front yard | 20 feet | 20 feet |
Side yard | 0 feet common wall; 8 feet end unit | 20 feet |
Rear yard | 20 feet | 30 feet |
Accessory Building Minimum Yard Depths and Height Limitations | ||
Front yard | N.P. | N.P. |
Side yard | N.P. | 10 feet |
Rear yard | 5 feet | 10 feet |
Tool shed side and rear yard | 5 feet | 5 feet |
NOTES: |
|---|
N.P. = Not a permitted location. |
(9)
Building setbacks from streets and driveways. Minimum building setbacks shall be as in the following table:
Requirement | Standard |
|---|---|
From major collector drive or street [public right-of-way (r.o.w) or private r.o.w. easement] | 40 feet(1) |
Front facade from a residential access drive or street (public r.o.w. or private r.o.w. easement) | 22 feet(2) |
Rear facade from a residential access drive or street (public r.o.w. or private r.o.w. easement) | 20 feet |
Side facades from a residential access drive or street (public r.o.w. or private r.o.w. easement) | 12 feet(3) |
NOTES: | |
|---|---|
(1) | Or 50 feet from the edge of cartway, whichever is greater. |
(2) | Or 25 feet from the edge of cartway, whichever is greater. |
(3) | Or 20 feet from the edge of cartway, whichever is greater. |
(10)
Parking requirements. Residential uses shall comply with the parking requirements of the Residential Site Improvement Standards at N.J.A.C. 5:21-4.14. Nonresidential uses shall comply with § 400-7E.
(11)
Parking lot setbacks. Where parking lots for residential uses are proposed, no parking space shall be closer than 10 feet to a building. This requirement shall not apply to driveways leading to individual garages. Parking lots shall be set back a minimum of 20 feet from a right-of-way or private right-of-way or easement, 40 feet from the edge of cartway of a county road, and 20 feet from the edge of a residential access cartway.
E.
Design standards.
(1)
Multifamily buildings. The following standards shall be used in the design of multifamily buildings:
(a)
A minimum of 100 cubic feet of storage shall be provided for each dwelling, exclusive of kitchen cabinetry.
(b)
Access to dwellings shall be designed as to provide a sense of safety and security for the residents, particularly in internal stairwells.
(c)
All stairs shall be enclosed in the building.
(d)
The exterior of the building shall be designed to visually break up any facade in excess of 100 lineal feet through the use of, but not limited to, offsets, bump-outs and building entrances.
(e)
The design should distinguish between the base, middle, and top of the building.
(f)
Where an outdoor living space is proposed, adequate visual screening from all other neighboring dwellings, outdoor living spaces, parking areas and roadways shall be provided. Screening may be accomplished with plant materials, masonry structures or wood fencing a minimum of four feet in height. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling.
(g)
All utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located at the side or rear of buildings and shall be screened by architectural elements or landscape plantings; or may be placed on the roof of a multifamily or mixed-use building, provided the equipment is adequately screened from ground-level view.
(2)
Townhouses. The following standards shall be used in the design of townhouse and stacked townhouse buildings:
(a)
A minimum of 150 cubic feet of storage shall be provided for each dwelling, exclusive of kitchen cabinetry.
(b)
The front facades of at least 40% of the number of dwellings in a structure shall be set back not less than two feet behind the facades of the remaining dwellings in such structure.
(c)
The roof lines of at least 30% of the number of dwellings which are attached in a structure shall be staggered in line with the offsets required in Subsection E(2)(b), hereinabove. Chimneys, skylights, dormers, and other roof structures are encouraged, but not required, to vary the elevation and provide additional light into upper-story dwellings.
(d)
Where an outdoor living space is included for a unit, it shall be provided with adequate visual screening from all other neighboring dwellings, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing a minimum of four feet in height. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit.
F.
Refuse and recyclables. Refuse collection stations, including provisions for the collection of recyclable materials, shall be provided. Such stations shall be located for the residents' convenience. All such structures shall be compatibly designed with the architecture of the adjacent buildings. A landscaping bed at least four feet wide shall surround three sides of this structure planted at a height of at least six feet, with a mature growth of at least eight feet in height.
G.
Community rooms and building. Where community rooms are not provided within a principal multifamily building(s), the development shall include a separate community building that may include, but not be limited to, cooking and eating facilities, social activity room, management offices, indoor recreation, locker rooms, mail room, and snack bar. Where community buildings are required, the following requirements shall be met:
(1)
A community room shall contain a minimum net floor area equal to or greater than 12 square feet per dwelling within the development. A community building shall contain a minimum floor area equal to or greater than 15 square feet per dwelling within the development.
(2)
Parking for a community building shall equal one space for each 500 square feet of floor area.
(3)
The community building shall be open for occupancy and use prior to the issuance of more than half of the total certificates of occupancy for dwelling units within the development.
(4)
The community building may be used as a sales office until 90% of the total certificates of occupancy to be issued have been issued.
H.
Facilities for pedestrians and bicyclists.
(1)
Pedestrian sidewalks shall be provided throughout the development, interconnecting all units with community facilities and active open space and in such locations, including entrances and exits, where normal pedestrian traffic will occur.
(2)
Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement by the board of jurisdiction and the Master Plan. The development shall be designed to connect to any existing bikeway within 400 feet of the proposed development, provided that access can be obtained via an existing right-of-way or easement.
(3)
Bike racks shall be provided in one or more central locations for the use of residents and customers, connected to the shared pedestrian/bikeway required by the streetscape standards, and in reasonable proximity to any nonresidential uses and community room or building.
(4)
A minimum of 15 bicycle parking spaces shall be required.
I.
Open space requirements. Open space within an RLM development shall be designed and located according to the following standards:
(1)
Open space should be contiguous wherever possible.
(2)
Open space should preserve the natural features of the site.
(3)
Open space should be designed for both active and passive recreational facilities within easy access and walking distance of all residents and users of the development. The applicant shall designate on the submitted plans area(s) for active and passive recreation and conservation areas.
(4)
The applicant shall propose recreational facilities for the RLM development based on its projected population and that are suitable for a senior population. Population projections shall be based on accepted planning standards.
J.
Additional site and building requirements.
(1)
The proposed development shall be designed as, or as a part of, a unified single architectural scheme and shall minimize any exterior differences between affordable housing dwellings and market-rate dwellings.
(2)
No more than 50% of the dwellings in any one structure may be designated for low- and moderate-income households, unless all residential development is in one building. It is the intent of this section that low- and moderate-income units shall be evenly dispersed throughout the entire development.
(3)
In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same general plane or attached to one another shall be deemed desirable; parallel arrangements of buildings shall be avoided, and variation in design elements as the facade, width, color, exterior materials and rooflines shall be encouraged.
(4)
All parking areas and walkways shall be illuminated at night in accordance with the Borough's promulgated design standards.
K.
Phasing. Any phasing schedule shall be approved by the board of jurisdiction to ensure that the timing of development shall be consistent with the requirements for the concurrent development of affordable housing units, development of infrastructure and supporting services. If a staging or phasing plan is proposed for the development, the recreation plan shall also be staged to provide adequate active recreation facilities appropriate for the population or use of each phase.
L.
Development agreement. The implementation of an approved development plan shall be guaranteed by a municipal development agreement between the Borough and the applicant which shall set forth all the conditions of approval and the rights and obligations of both parties with respect to the timing, cost, guaranty and responsibility of providing the required affordable housing, on-tract and off-tract improvements necessary for the development and the provision of open space.
§ 400-15 AR-1 Age-Restricted 1 Residential Zone.
[Added 5-24-1995 by Ord. No. 95-4]
A.
Purpose. The purpose of the Age-Restricted Zoning District is to provide the opportunity to fulfill the growing needs of an aging population for smaller, single-family detached housing on smaller lots, thereby allowing senior citizens to remain in their community when changing residences, yet reducing housing costs and maintenance responsibilities.
B.
Community design objectives. The design of a development proposed in the AR-1 District shall utilize the objectives and guidelines as set forth in §§ 400-26C, 400-34A and 324-3A of the Code of the Borough of Gibbsboro in order to create a neighborhood with a consistent architectural scheme among its buildings and infrastructure, the preservation of natural features, including environmentally sensitive lands, with integrated recreation or open space land within reasonable walking distance of all dwelling units and other considerations of site planning.
D.
Accessory uses.
(1)
Gatehouses, guardhouses or other similar security buildings as approved by the Planning Board.
(2)
Social, cultural or recreational buildings, including administrative offices associated with the same, primarily for the use of residents of the age-restricted community.
(3)
Storage facilities for maintenance equipment.
(4)
Other accessory uses customarily incidental to a principal use.
E.
Yard, area and building requirements.
(1)
Minimum tract area: 10 acres of contiguous land.
(2)
Maximum tract density: three dwelling units per gross acre.
(3)
Minimum lot size: 5,000 square feet, exclusive of any area within a Conservation District.
(4)
Minimum lot frontage at street line: 30 feet.
(5)
Minimum lot width at the building line: 40 feet.
(6)
Minimum front yard: 20 feet.
(7)
Minimum side yards: five feet for one yard and an aggregate of 15 feet for both side yards.
(8)
Minimum rear yard: 20 feet.
(10)
Maximum lot coverage: 65%.
[Added 2-18-2014 by Ord. No. 2014-01]
(11)
Maximum building height: 35 feet.
(12)
Landscape buffer. All yard areas or setback lines abutting or adjacent to a county road shall be increased an additional 25 feet in width or depth, as the case may be. The area so increased shall be liberally planted with high and low plant material to create a landscape buffer adjacent to the street line.
F.
Recreation and open space. Recreation and open space necessary for the general welfare of the residents of any development in the AR-1 District shall be provided in accordance with § 358-20 of the Code of the Borough of Gibbsboro, except that the percentage of land set aside for such purposes shall be a minimum of 20% of the gross tract acreage.
G.
Alternative recreation plan. An applicant may propose and the Planning Board may approve an alternative plan for recreation otherwise required suitable for an age-restricted community, including but not limited to payments in lieu of facilities.
H.
No gatehouse, guardhouse or other means of restricting access to publicly dedicated streets shall be permitted.
§ 400-16 AR-2 Age-Restricted 2 Residential Zone.
[Added 9-13-1995 by Ord. No. 95-8]
A.
Purpose. The purpose of the Age-Restricted Zoning District is to provide the opportunity to fulfill the growing needs of an aging population, including households of low- and moderate-income, for smaller, single-family detached housing on smaller lots, thereby allowing senior citizens to remain in their community when changing residences, yet reducing housing costs and maintenance responsibilities.
B.
General district regulations. Age-Restricted 2 residential developments shall be permitted as designated on the official Zoning Map as an overlay district where, if the general regulations are met, an applicant may file an application for development under the standards of this section. In the AR-2 Overlay District, the following general regulations shall apply:
(1)
Minimum gross acreage of tract: 10 acres.
(2)
Maximum gross residential density: four units per acre.
(3)
Minimum required open space. A minimum of 20% of the gross acreage of the planned unit development shall be set aside for common open space and recreation or public open space and recreation.
(4)
Public water and sewer. All AR-2 overlay districts shall be served by public water and public sanitary sewer.
D.
Accessory uses.
(1)
Gatehouses, guardhouses or other similar security buildings as approved by the Planning Board.
(2)
Social, cultural or recreational buildings, including administrative offices associated with the same, primarily for the use of residents of the age-restricted community.
(3)
Storage facilities for maintenance equipment.
(4)
Other accessory uses customarily incidental to a principal use.
E.
Yard, area and building requirements.
(1)
Minimum tract area: 10 acres of contiguous land.
(2)
Maximum tract density: four dwelling units per gross acre.
(3)
Minimum lot size: 5,000 square feet, exclusive of any area within a Conservation District.
(4)
Minimum lot frontage at street line: 30 feet.
(5)
Minimum lot width at the building line: 40 feet.
(6)
Minimum front yard: 20 feet.
(7)
Minimum side yards: five feet for one yard and an aggregate of 15 feet for both side yards.
(8)
Minimum rear yard: 20 feet.
(10)
Maximum lot coverage: 65%.
[Added 2-18-2014 by Ord. No. 2014-01]
(11)
Maximum building height: 35 feet.
(12)
Landscape buffer. All yard areas or setback lines abutting or adjacent to a county road shall be increased an additional 25 feet in width or depth, as the case may be. The area so increased shall be liberally planted with high and low plant material to create a landscape buffer adjacent to the street line.
F.
Alternative recreation plan. An applicant may propose and the Planning Board may approve an alternative plan for recreation otherwise required pursuant to § 358-20 of the Code of the Borough of Gibbsboro suitable for an age-restricted community, including, but not limited to, payments in lieu of facilities.
G.
No gatehouse, guardhouse or other means of restricting access to publicly dedicated streets shall be permitted.
§ 400-17 R-TH Townhouse Residential Zone.
[Added 10-11-2017 by Ord. No. 2017-09]
A.
Purpose. The purpose of the Townhouse Residential District is to promote the redevelopment of portions of the historic center of Gibbsboro for housing around Silver Lake thereby strengthening it as the center of the town where a concentration of population will support economic development and the creation of new businesses.
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted as follows:
(1)
Community building for the use of residents.
(2)
Parks and conservation areas; open space.
(3)
Indoor and outdoor recreational facilities for the use of residents.
(4)
Community swimming pool for the use of residents.
(5)
Off-street parking, including automobile garages for residents' use.
(6)
Fences and walls; other streetscape elements.
(7)
Gazebos, mail kiosks, ornamental gatehouses and other street furniture.
(8)
Management office.
(9)
Maintenance and storage building.
(11)
Home occupation.
(12)
Accessory uses customarily incidental to a principal use.
D.
General District regulations.
(1)
Minimum contiguous tract area: 1.5 acres.
(2)
Minimum tract frontage: 400 feet on an existing improved street.
(4)
Maximum impervious coverage: 70% of total zoning district area.
(6)
No residential principal or accessory structure shall be located within 50 feet of the edge of water of Silver Lake.
(7)
Access to garages shall be to the rear of the townhouse, except for townhouses with a width of at least 28 feet.
(8)
Accessory buildings shall not be located in a front yard.
(9)
Any pathways for the use by the general public and not in a public right-of-way shall be placed in a public access easement of a width appropriate for the width of the pathway and reasonable clearances therefrom.
(10)
All development shall be connected to public sewer and water systems.
E.
Area, yard, coverage regulations for fee simple lots.
(3)
Minimum front yard setback:
(a)
From an existing right-of-way.
[1]
Exterior house wall with no porch: 10 feet.
[2]
Exterior house wall with porch: 15 feet.
[3]
Porch setback from right-of-way: 8 feet.
[4]
Stoops shall be permitted to encroach into the front yard setback.
[5]
Other projections into the front yard, including but not limited to, bay windows, chimneys, cornices, and pent roofs, shall not exceed two feet in depth.
(b)
From a proposed public or private right-of-way (r.o.w.): 10 feet.
(c)
From the edge of a cartway where no r.o.w. is proposed: 12 feet.
(5)
Minimum rear yard: 5 feet, excepting patios, steps and cellar access doors.
F.
Maximum principal building height: 46 feet or 3 1/2 stories.
G.
Building separation distances for condominium ownership.
(2)
The front of one building to the side of another building: 40 feet.
(3)
The front of one building to the rear of another building: 50 feet.
(4)
The side of one building to the side of another building: 20 feet.
(5)
The side of one building to the rear of another building: 30 feet.
(6)
The rear of one building to the rear of another building: 30 feet.
H.
Townhouse units attached on a single linear plane shall not exceed a length of 160 feet, measured along the front facade.
I.
K.
Interior streets and parking area requirements. The following requirements shall apply to any interior street, whether public or private, and parking areas.
(1)
In the Townhouse Residential Zone, if a public or private r.o.w. or cartway with a similar function is located adjacent to Block 7.04, Lots 19.07 and 19.08, with no intervening residential buildings, an access easement shall be provided to those lots allowing access to such public or private r.o.w., provided that an equal sharing of the costs of maintenance is agreed to by the beneficial owners and that the use is residential. Locations where no access is required shall be suitably landscaped to screen the street or alley from the tract perimeter.
(2)
Parking lot requirements.
(a)
Parking lots shall be no closer than 10 feet to the tract perimeter. Parking lots along the perimeter of a tract shall be screened from public view by dense landscaping.
(b)
Parking requirements shall be as calculated in accordance with N.J.A.C. 5:21-4.14, unless approved by the Planning Board as a de minimis exception to the Residential Site Improvement Standards.
(c)
Standard parking spaces shall be nine feet by 18 feet in dimension. Barrier-free spaces shall conform to N.J.A.C. 5:21. Construction specifications shall be as required by Borough standard.
L.
Required covenants. Appropriate covenants limiting outdoor storage shall be proposed by the applicant and approved as determined by the Planning Board in the course of the general development plan, site plan, or subdivision approval process.
M.
Community building. When a community building for the common use of residents is proposed, it shall conform to the following criteria:
(1)
The community building shall contain a minimum floor area equal to or greater than 15 square feet per dwelling within the development.
(2)
Parking for the community building shall equal one space for each 250 square feet of floor area.
(3)
The community building shall be open for occupancy and use prior to the issuance of more than half of the total certificates of occupancy for dwelling units within the development.
(4)
The community building may be used as a sales office until 90% of the total certificates of occupancy to be issued have been issued.
N.
Facilities for pedestrians and bicyclists.
(1)
Pedestrian sidewalks shall be provided throughout the development, interconnecting all units with community facilities and active open space and in such locations, including entrances and exits, where normal pedestrian traffic will occur with specific attention paid to connecting the internal system to street sidewalks and the Silver Lake path.
(2)
Provision of dual-use pedestrian and bicyclist pathways shall be developed in accordance with the streetscape standards and bicycle system of the Borough. The development shall be designed to connect to any existing or planned pedestrian path system as depicted on the Borough bikeway system map. The dual-use pathways shall be separated from the curb, or in the absence of a curb, the edge of cartway, by a minimum of five feet.
(3)
Bike racks shall be provided where there are 24 or more units in a building or group of buildings that create a concentration of dwelling units.
O.
Open space requirements. Open space within an R-TH District development shall be designed and located according to the following standards:
(1)
Open space should be contiguous wherever possible. Open space should be arranged in the layout of the development to preserve the natural features of the site to the extent feasible.
(2)
Open space should be designed for passive recreational facilities within easy access and walking distance of all residents and users of the development. The applicant shall designate on the submitted plans area(s) for passive recreation and conservation areas.
(3)
Open space that forms the edge of Silver Lake shall be retained in its natural state with the exception of pedestrian/bicycle interconnections and necessary stormwater outfall utilities.
P.
Additional site and building requirements.
(1)
The proposed development shall be designed with a unified single architectural scheme consistent with the historical standards of the Borough of Gibbsboro.
(2)
In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same general plane or attached to one another shall be deemed desirable and variation shall be encouraged with the bounds of the stylistic conventions of the Gibbsboro Historic District.
(3)
All parking areas and walkways shall be illuminated at night in accordance with the Borough's promulgated design standards.
Q.
Phasing. Any phasing schedule shall be approved by the Board of Jurisdiction to ensure that the timing of development shall be consistent with the requirements for the provision of infrastructure and supporting municipal services.
R.
Development agreement. The implementation of an approved site plan or subdivision shall be guaranteed by a municipal development agreement between the Borough and the applicant which shall set forth all the conditions of approval and the rights and obligations of both parties with respect to the timing, cost, guaranty and responsibility of on-tract and off-tract improvements necessary for the development and the provision of open space.
§ 400-18 C-1 Commercial Zone.
A.
B.
Permitted accessory uses.
(1)
Private garage space for the storage of commercial vehicles utilized in conjunction with a permitted business or service use.
(2)
Off-street parking space for the use of patrons and employees of a permitted use.
D.
Area, yard and building requirements. Except as modified by Article IX, the following standards shall apply to all structures in a C-1 District:
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Minimum lot size: 1/2 acre.
(2)
Minimum lot frontage at street line: 100 feet.
(3)
Minimum lot frontage at building line: 80 feet.
(5)
Maximum lot coverage: 75%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(6)
Maximum height: 25 feet.
(7)
Minimum front yard: 30 feet.
(8)
Minimum side yards: 20 feet each.
(9)
Minimum rear yard: 30 feet each.
E.
Other provisions and requirements.
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Not more than two driveways of not less than 20 feet nor more than 30 feet in width for means of ingress and egress for such parking areas shall be permitted for each 300 feet of frontage upon a public street, nor shall any driveway be located closer than 100 feet to the intersection of two public streets.
(2)
Wherever the property line of a lot in the C-1 Zone abuts or is across a street from a residential zone, a buffer area shall be established, which shall include an area of land 25 feet in width as measured from the street or property line.
(a)
Within the buffer area, no use, activity or sign shall be established other than the following:
[1]
Such driveways as are necessary to provide proper means of ingress and egress for the parking area, subject to the restriction set forth in Subsection E(1) above.
[2]
Directional signs in conjunction with the driveways which are necessary for the proper guidance and control of vehicular traffic, provided that not more than one sign is erected in conjunction with each such driveway, and further provided that the signs conform to the appropriate restrictions set forth in Subsection B(3).
(b)
Within said buffer area, a solid and continuous landscape screen shall be planted and maintained. The landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least four feet in height, such density as will obscure 75% of the glare of automobile headlights emitted from the premises throughout the full course of the year.
(c)
The landscape screen described above shall be located so as not to be closer than 10 feet to a property line or street line.
(d)
The entire buffer strip shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish. In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.
(e)
The certificate of occupancy for the use on the premises shall not be issued until such time as the landscaping requirements as set forth in this subsection are installed in accordance with the plan approved by the Planning Board pursuant to Subsection E(4) below or, in the event that the season is not appropriate, until a performance bond is posted with the Borough Council in an amount equal to the estimated cost of said landscaping installation. In any event, a performance bond shall be posted with the Borough Council in an amount equal to 25% of the total estimated cost to insure that the installed landscaping complies with the requirements set forth above at the completion of the second growing season.
(3)
Application for a building permit for a use permitted by this chapter shall be made to the Building Subcode Official. Material to be submitted with the application shall include a detailed site plan, which shall show such information as boundaries of the tract, all applicable dimensions and areas as set forth in the schedule, all streets and easements, the location of all proposed structures and all existing structures within 500 feet of the tract, signs, fences and walls, landscaped areas, parking areas and access thereto and egress therefrom.
[Amended 5-18-1982 by Ord. No. 82-2]
(4)
Prior to approving an application which could affect zoning, the Building Subcode Official shall forward the application, together with all pertinent information, to the Planning Board. The Planning Board shall, within 45 days of the receipt of the same, review the entire matter in relation to the health, safety and general welfare of the community and with a view toward ascertaining whether the above requirements and standards have been met and the relationship of the proposed project to the Comprehensive Plan of the Borough as it is developed. No building permit shall be issued upon such application before the expiration of such forty-five-day period until after the receipt of the report. If no report is received during that period, the Building Subcode Official may issue the permit without receipt of any report from the Planning Board. Any applicant wishing to make a change in a duly approved application shall follow the same procedure for obtaining approval thereof as in the original application.
[Amended 5-18-1982 by Ord. No. 82-2]
§ 400-19 C-2 Highway Business Zone.
A.
Purpose. For the purposes of this section, a Highway Business Zone is defined as a business district servicing principally the needs of highway users or transients and the citizens of the Borough. Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the following regulations.
[Amended 6-21-1983 by Ord. No. 83-10]
B.
Permitted uses.
(1)
Commercial activities of and similar to the following types may be permitted:
(b)
Motels and hotels.
(c)
Restaurants which provide seating for not less than 60 persons at tables within permanent, enclosed structures.
(d)
Animal hospitals.
(e)
Nursing homes.
(f)
Retail establishments, including convenience stores and combined convenience stores and motor fuel sales.
[Amended 5-8-2019 by Ord. No. 2019-03]
(g)
Auto sales and service by a duly franchised new car dealer, including body work.
(h)
Printing establishments.
(i)
Indoor recreational facilities.
[Added 7-11-1990 by Ord. No. 90-12]
(2)
Any use permitted in the C-1 Commercial Zone.
(3)
Professional offices and banks.
(4)
Office buildings for executive or administrative purposes.
(5)
Laboratories comprising any of the following: biological, chemical, dental, pharmaceutical and general research.
(6)
Radio and television services.
(7)
Commercial greenhouses and nurseries.
(8)
Accessory uses on the same lot and customarily incidental to the permitted uses shall include:
(9)
Gasoline filling stations and public and commercial garages, provided that the provisions of § 400-75 are met.
[Amended 4-26-1989 by Ord. No. 89-12]
(10)
Hospitals, philanthropic and charitable uses, subject to the standards and provisions set forth in § 400-73.
[Added 2-15-1983 by Ord. No. 83-1]
C.
Area, yard and building requirements. Except as modified in Article IX, the following standards shall apply to all structures in a C-2 District:
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Minimum lot size: 1/2 acre.
(2)
Minimum lot frontage at street line: 100 feet.
(3)
Minimum lot frontage at building line: 80 feet.
(5)
Maximum lot coverage: 75%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(6)
Maximum height: 25 feet.
(7)
Minimum front yard: 30 feet.
(8)
Minimum side yards: 20 feet each.
(9)
Minimum rear yard: 20 feet each.
(10)
All lots in a C-2 District which are adjacent to a residential district or which abut a residential use in another zoning district shall provide a planted buffer as described in § 400-18E(2).
E.
Special design requirements. In order to encourage the sound development of major highway frontage, the following special provisions shall apply in any location in the C-2 Zone which abuts a highway designated as a major thoroughfare by the Borough's Master Plan:
(1)
Access barrier. Access to the highway shall be controlled in the interest of public safety. Each building or group of buildings used for nonresidential purposes and its parking or service areas shall be physically separated from the highway or street by a curb, planting strip or other suitable barrier against unchanneled motor vehicle access or egress, except for accessways authorized herein.
(2)
Accessways. Each separate use, grouping of attached buildings or grouping of uses permitted as part of a single integrated plan shall have not more than two accessways to any one highway or street. Insofar as practicable, the use of common accessways by two or more permitted highway uses shall be provided in order to reduce the number and closeness of access points along the highway and to encourage the fronting of commercial structures upon a marginal street and not directly upon a public highway.
(3)
Combined convenience store and motor fuel sales shall comply with the following requirements:
[Amended 5-8-2019 by Ord. No. 2019-03]
(a)
In addition to the site plan application requirements in Ch. 324, Site Plan Review, 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.
(b)
The proposed use shall be located on a lot of at least one acre and 5,000 square feet per motor fueling pump, whichever is greater. Each motor fueling pump may have multiple dispensers.
(c)
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.
F.
Prohibited uses. Although it should be understood that any uses not complying with the specifications of this section are thereby prohibited, the following uses and activities are specifically prohibited:
§ 400-20 SCO Shopping Center/Office District.
[Amended 12-20-1977 by Ord. No. 77-14; 2-15-1983 by Ord. No. 83-1]
A.
Purpose. SCO Shopping Center/Office Districts are designed primarily to make special provision for modern, well planned and integrated uses such as shopping centers, campus-type office parks, corporate headquarters and similar attractive large-site, low-density, moderate-lot-coverage development in areas of the Borough where traditional small single-use business development would be less appropriate.
B.
Permitted uses. The following uses, and no others, shall be authorized in these districts only after approval of site plans by the Planning Board in accordance with the procedures of this chapter, Specifically, no building in an SCO District shall be used for open-area sales operations or open-area service operations such as flea markets, bazaars, open markets, farmers' markets or other markets or areas where sales of two or more kinds of goods or services take place within areas not complying with the requirements for enclosure of this subsection, except by temporary permit as provided in Subsection C.
(1)
A planned shopping center or shopping mall, designed as a single architectural unit or scheme, with appropriate common landscaping and parking. Such shopping center or mall may include retail department stores, other retail stores and personal service shops customarily identified with shopping centers, restaurants, theaters and offices uses, provided that the initial construction of such center shall include at least 16,000 square feet of ground floor area and a minimum of four separate retail stores or other permitted uses. Each individual retail sales or personal service use shall be located in an attached, semidetached or detached structure with a separate entrance or entrances from the outdoors or from a common area of the mall, in accordance with the Building Code[1] of the Borough of Gibbsboro, provided that every individual retail sales or personal service use located within a mall-type structure or otherwise permissible structure shall not have more than two sides open nor be constructed of other than fire-resistant partitions from floor to ceiling.
(2)
A single retail department store containing at least 16,000 square feet of ground floor area.
(3)
An office building for administrative, executive or professional offices; corporate headquarters office building or training center; and a telephone central office, telegraph or other public utility office.
(4)
An insurance company, bank or other financial institution.
(5)
A restaurant or cafeteria which is one of a group of uses in a shopping center or which is part of a retail department store; and a restaurant, cafeteria or dining room as an accessory use to a permitted use and which is designed and used primarily for the employees or occupants of the permitted use. All preparation, serving and consumption of food or drink shall be done within said restaurant use, and such use shall not be interpreted to include drive-in restaurants or refreshment stands where customers and patrons are served food or drinks for immediate consumption outside the building in which the business is conducted.
(6)
Indoor recreational facilities.
[Added 7-11-1990 by Ord. No. 90-12]
(8)
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, including indoor storage of inventory items and materials used in permitted operations.
C.
Conduct and maintenance. Neither the owner, lessee, sublessee, assignee, entity charged with operation, management or maintenance of the premises, occupant or other user of any lands so used shall cause or permit any of the following upon any part of said lands:
(1)
The sale, display or storage of merchandise or goods, the performance of any commercial service or any sales or solicitation of sales on parking lots, parking areas, sidewalks, walkways or otherwise outside the confines of buildings or enclosures, except as may be permitted by the Planning Board upon application for same.
(2)
Vending machines of any kind installed or operated out of doors, except such telephone facilities and postal facilities and devices as may be permitted by the Planning Board on application for same.
(3)
An outdoor public address system, loud speaker and sound emanating from same, even though located indoors.
(4)
Outdoor advertising promotions, including aerial balloons, except for the following:
(5)
Any outdoor circus, amusement ride, game, show, exhibit, fireworks, racing of any type, including model airplanes, and all other outdoor events except as may be permitted by the Planning Board upon application for same.
(6)
Use of outdoor sidewalks other than exclusively for pedestrian traffic.
(7)
Lack or omission of full maintenance, repair and cleanliness of all sidewalks, roadways, parking areas, buffer strips, lawns and other planting areas, all of which are to be kept clean by daily removal of litter or refuse of any type; every marking designating any parking area shall be kept in good condition and repainted or remarked regularly so as to be clear and conspicuous in its entirety; lawns, buffer strips and other grass areas, except such areas as may be left fully undeveloped and in a natural state, shall be mowed regularly so that all such grass is at no time more than five inches in height.
(8)
Disrepair of any fence along the perimeter of such lands and buffer areas.
D.
Area and yard requirements.
(1)
Except as modified by Article IX, the following standards shall apply to all structures in an SCO District:
[Amended 2-15-1983 by Ord. No. 83-1]
(a)
Minimum lot area: 1 1/2 acres.
(b)
Minimum lot frontage at street line: 300 feet.
(c)
Minimum lot frontage at building line: 240 feet.
(e)
Maximum lot coverage: 80%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(f)
Maximum height: 35 feet.
(g)
Minimum front yard: 50 feet.
(h)
Minimum side yards: 25 feet; if adjacent to a residential use, twice the height of the main building or 25 feet, whichever is more.
(i)
Minimum rear yard: 30 feet; if adjacent to a property in residential use, twice the height of the main building or 30 feet, whichever is greater.
(3)
Except at points of vehicular access, a planting strip at least 15 feet wide, as measured from street or property lines, shall be provided.
(4)
Along any residence district boundary line, a buffer yard of not less than 25 feet shall be provided, which shall be used only as a planting area on which hedge, evergreens, shrubbery or other suitable plantings shall be provided and maintained. The twenty-foot portion nearest the residence district shall be planted with material at least five feet in height at the time of planting and shall constitute an effective sight and sound screen. The remaining buffer area may be in lawn or other suitable landscaping. Where a boundary line between an OTP or SCO District and a residence district is within a street right-of-way, the required buffer yard shall be provided along the property line of the OTP or SCO District. The above buffer and landscaping requirements may be waived or modified by the Planning Board or Board of Adjustment at the time of site plan review whenever existing barriers, such as parks, streams or other natural features, serve as an effective buffer between the two types of districts.
[Amended 6-21-1983 by Ord. No. 83-10]
(5)
Where more than one building as a main use is located on a lot, all such buildings shall be situated on the lot in such a way that each will comply with area and yard requirements in the event of subsequent subdivision of the lot. The Planning Board may waive this requirement where buildings are separate but planned for use in a coordinated operation under single direction or in other circumstances where application of this requirement is not practicable and would not violate the intent of this provision.
E.
Height restrictions and regulations. No building shall exceed 35 feet in height, provided that auxiliary structures, the use of which is incidental to a permitted use, shall not be subject to this regulation.
§ 400-21 OTP Office/Technical Park District.
[Added 2-15-1983 by Ord. No. 83-1]
A.
Purpose. OTP Office/Technical Park Districts are designed primarily to make special provision for modern, well planned and integrated uses such as campus-type office parks, corporate headquarters, research and development centers and similar attractive large-site, low-density, moderate-lot-coverage development in areas of the Borough where traditional small single-use business development would be less appropriate.
B.
Permitted uses. A building may be erected or used and lot may be used or occupied for any of the following permitted purposes only:
[Amended 8-26-1992 by Ord. No. 92-13; 3-9-2005 by Ord. No. 2005-3]
(1)
Business and administrative offices, but not to include medical uses or offices as listed in § 400-8B.
(2)
A scientific research, engineering, testing or experimental laboratory or similar establishment for research product and development, provided that there is no commercial production of storage of any commodity, material, or substance, except for incidental indoor storage for such establishments.
(3)
Real estate and insurance offices.
(4)
Offices for manufacturer's representatives.
(5)
Copying, photographic and reproduction services.
(6)
Office equipment sales and services.
(7)
Mailing and packaging services.
(8)
Data processing and call center.
(9)
Hotel.
(10)
Municipal uses.
C.
Accessory uses. Any of the following uses may be permitted when used in conjunction with a principal use or uses:
[Amended 8-26-1992 by Ord. No. 92-13]
D.
Conditional uses. The following uses may be permitted when authorized as a conditional use by the Planning Board pursuant to § 400-13 of the Code of the Borough of Gibbsboro:
[Amended 8-26-1992 by Ord. No. 92-13]
(1)
Restaurants and taverns, provided that the following conditions are met:
(a)
The restaurant operates primarily as an establishment that provides table service to patrons.
(b)
An adequate landscape screen shall be established that blocks views of loading and unloading areas and trash or garbage disposal areas from public view.
(c)
Freestanding restaurants and taverns shall conform to the following area, yard, height and coverage requirements:
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot frontage: 100 feet.
[3]
Maximum building coverage: 40% of the total lot area.
[4]
Maximum impervious coverage: 75% of the total lot area.
[5]
Minimum front yard: 30 feet in depth.
[6]
Minimum side yard: 20 feet in width.
[7]
Minimum rear yard: 25 feet in depth.
[8]
Parking area setback: No parking area shall be permitted within 30 feet of a street line or 10 feet of any other property line or building.
[9]
Maximum height: 28 feet.
(2)
Retail banking or other financial institution, provided that the following conditions are met:
(a)
No drive-in facility shall be permitted in a front yard.
(b)
Each drive-in facility shall have sufficient room for vehicle stacking such that no vehicle shall block parking area aisles or intrude into a right-of-way.
(c)
Each drive-in facility shall provide a bypass lane.
(d)
Automatic teller machines, excluding those in drive-in facilities, shall be readily visible to passersby.
(e)
Freestanding banks or other financial institutions shall conform to the following area, yard, height and coverage requirements:
[1]
Minimum lot area: 15,000 square feet.
[2]
Minimum lot frontage: 80 feet.
[3]
Maximum building coverage: 30% of the total lot area.
[4]
Maximum impervious coverage: 80% of the total lot area.
[5]
Minimum front yard: 30 feet in depth.
[6]
Minimum side yard: 15 feet in width.
[7]
Minimum rear yard: 20 feet in depth.
[8]
Parking area setback: no parking area shall be permitted within 30 feet of a street line or 10 feet of any other property line or building.
[9]
Maximum height: 28 feet.
(3)
Warehousing and distribution of products as accessory to a principal use, provided that the following conditions are met:
[Added 3-9-2005 by Ord. No. 2005-3]
E.
Area, yard, height and building coverage requirements. Except as modified by Article IX or § 400-21D, the following standards shall apply to all buildings in the OTP District:
[Amended 8-26-1992 by Ord. No. 92-13]
(1)
Minimum lot area: two acres.
(2)
Minimum lot frontage: 200 feet.
(3)
Maximum building coverage: 40% of the total lot area.
(4)
Maximum impervious coverage: 75% of the total lot area.
(5)
Minimum front yard: 50 feet in depth.
(6)
Minimum side yard: 25 feet in width; if adjacent to a residential use, twice the height of the principal building or 25 feet, whichever is greater.
(7)
Minimum rear yard: 30 feet; if adjacent to a residential use, twice the height of the principal building or 30 feet, whichever is greater.
(8)
Parking area setback: No parking area shall be permitted within 30 feet of the tract perimeter.
(9)
Maximum height: 35 feet, except that a building may be increased to a maximum of 50 feet, provided that, for each one-foot increase in height above 35 feet, each required yard shall be increased by one foot.
F.
Each principal building permitted under § 400-21B shall be a minimum of 20,000 gross square feet.
[Added 8-26-1992 by Ord. No. 92-13]
G.
Conduct and maintenance shall be provided pursuant to § 400-20C.
[Added 8-26-1992 by Ord. No. 92-13]
H.
Any development in the OTP District shall be subject to the requirements of § 400-20D(3) through (5), inclusive.
[Added 8-26-1992 by Ord. No. 92-13]
§ 400-22 OR Office-Residential District.
[Added 8-21-1984 by Ord. No. 84-20]
B.
Uses permitted as a special exception. Any use permitted by right in an OTP District may be approved by the Zoning Board of Adjustment as a special exception, subject to the provisions of § 400-71, provided that the Board of Adjustment finds that the provision of said use will not adversely affect residential development.
C.
Permitted accessory uses.
(1)
Off-street parking lots or garages, including such uses which may be accessory to principal uses located within 500 feet but not necessarily located within the OR District.
D.
Area, yard and building requirements. Except as modified by Article IX, the following standards shall apply to all structures in an OR District:
E.
Buffer requirements:
(1)
Any use, other than a residential use, shall provide a twenty-foot-wide buffer planting strip along all perimeters adjacent to a residential use.
(2)
The buffer planting strip shall occupy a portion of the required yard area and shall be landscaped for its full width so as to provide both a high and low level screen of sufficient density and height to constitute an effective and immediate visual screen and to protect abutting property.
(3)
The required screen shall be permanently maintained and shall consist of a planting of dense evergreens or a compact evergreen hedge.
(4)
The high-level screen shall consist of evergreen trees, or equal, planted with specimens having an initial height of not less than five feet and planted at intervals of not more than 10 feet on centers.
(5)
The low-level screen shall consist of evergreen shrubs or equal, planted at an initial height of not less than two feet and spaced at intervals of not more than five feet on centers. The low-level screen shall be planted in alternating rows to produce a more effective screen.
(6)
Plantings which do not survive shall be replaced.
(7)
Existing perimeter vegetation may be utilized, at the discretion of the Borough, to satisfy all or a portion of this requirement.
§ 400-23 PO Professional Office District.
[Added 8-26-1992 by Ord. No. 92-13]
A.
Purpose. The purpose of the PO Professional Office District is to provide for office and accessory uses on small lots on county roads which shall provide a transitional zone between residential uses and the impacts of high volumes of traffic.
B.
Permitted uses. A building may be erected or used and a lot may be used or occupied for any of the following permitted purposes and no other:
(1)
Offices of a recognized profession, including but not limited to medicine, social services, finance, accounting, real estate, insurance, law, engineering, architecture and planning.
(2)
Offices of a public or quasi-public agency, including but not limited to local, state or federal administrative offices, public utility offices or similar use.
(3)
General business offices, but not to include exterior display areas for goods or services or outdoor storage.
(4)
Financial institutions chartered under state or federal law.
(5)
Day-care facility, provided that it is duly licensed by the State of New Jersey.
D.
E.
Area, yard, height and coverage requirements.
(1)
Minimum lot size: one acre.
(2)
Minimum lot frontage: 120 feet.
(3)
Minimum lot width: 100 feet.
(4)
Maximum building coverage: 30% of the total lot area.
(5)
Maximum impervious coverage: 75% of the total lot area.
(6)
Maximum height: 35 feet or 2 1/2 stories, whichever is less.
(7)
Minimum front yard: 30 feet in depth.
(8)
Minimum side yard: 20 feet each side.
(9)
Minimum rear yard: 30 feet in depth.
(10)
Parking area setback. No parking area shall be permitted within 30 feet of a street line or 10 feet of any other property line or building.
(11)
Maximum building size: 8,000 square feet.
F.
Design standards.
(1)
All parking areas and pedestrian walkways shall be adequately lighted during the night without creating glare or other nuisance.
(2)
Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site, except that one additional driveway may be permitted for a street frontage in excess of 300 linear feet, but no more than three total per site.
(3)
Wherever the property line of a lot in the Professional Office District abuts or is across a public street from a residential zone, a landscape buffer shall be established that is a minimum width of 25 feet measured from the property or street line.
(a)
Within the buffer area, only driveways providing access to parking areas and signs, pursuant to Chapter 318, Signs, shall be permitted.
(b)
Excepting front yards, within the landscape buffer a landscape screen shall be planted and maintained. The landscaping screen shall consist of massed evergreen and deciduous shrubs of such species and size as will produce, within two growing seasons, a screen at least four feet in height and of such density as will obscure 75% of the glare of automobile headlights emitted from the premises throughout the full course of the year.
§ 400-24 M-1 Industrial Zone.
A.
Permitted uses.
(1)
Manufacturing of light machinery.
(2)
Fabrication of metal products.
(3)
Fabrication of paper products.
(4)
Fabrication of wood products.
(5)
Food and associated industries.
(6)
Laboratories.
(7)
The warehousing or storage of goods and products.
(8)
Lumber, wood, coal, building material and other storage yards.
[Added 2-15-1983 by Ord. No. 83-1]
(9)
In addition to the above-listed uses, any industrial use not inconsistent with the above may be permitted, provided that at no time shall any use permitted in this subsection result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise, glare or vibration beyond the boundaries of the industrial zone.
(b)
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
B.
D.
Area, yard and building requirements. Except as modified by Article V, the following standards shall apply to all structures in an M-1 District:
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Minimum district area: five acres.
(2)
Minimum lot area: one acre.
(3)
Minimum lot frontage at street line: 150 feet.
(4)
Minimum lot frontage at building line: 100 feet.
(6)
Maximum lot coverage: 80%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(7)
Maximum height: 50 feet.
(8)
Minimum front yard: 30 feet.
(9)
Minimum side yards: 25 feet each; if adjacent to a residential use, twice the height of the main building or 25 feet, whichever is greater.
(10)
Minimum rear yard: 30 feet; if adjacent to a residential use, twice the height of the main building or 30 feet, whichever is greater.
E.
Other provisions.
[Amended 2-15-1983 by Ord. No. 83-1]
(1)
Parking areas may be located in any of the required yard areas, provided that they are at least 50 feet from a street line or the boundary of a residence zone. Ingress and egress shall be provided by not more than two driveways, each not less than 20 nor more than 30 feet in width. No driveways shall be located within 200 feet of the intersection of two public streets or within 100 feet of an existing driveway or private street.
(2)
Industrial uses established in this zone shall set aside 20% of the tract devoted to such use for seeding and landscaping and use this area for no other purpose.
(3)
All industrial activities or processes shall take place within an enclosed building. Incidental storage out of doors shall be shielded from any public street or adjacent residence zones by fencing, landscaping or other appropriate measure.
(4)
Wherever the property line of a lot in this zone abuts or is across a street from a residential zone, a buffer area of 25 feet in width shall be established which shall conform to all other conditions and requirements set forth in the C-1 Zone as specified in § 400-18E.
(5)
The following uses or activities are specifically prohibited in the M-1 Zone:
(b)
Retail businesses of any type.
(c)
The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic glue, animal fats or oils, explosive, combustible gases, soap and detergents, fertilizers derived from animal origins, asphalt and tar products; the manufacture or production of metals and alloys in ingot form; the manufacture or production of cement, plaster, cork and their constituents, matches, rubber or rubber products; the slaughtering or processing of animals or fowl; and the curing, tanning and finishing of hides.
F.
Other requirements.
(1)
Submission of plot and building plans. Prior to the issuance of a building permit for a permitted use under Subsection A(2), the applicant shall submit to the Board of Adjustment a complete set of plot and building plans showing the location of the property in relation to the surrounding property and streets within 500 feet of the tract, the location of all existing and proposed buildings, structures, drives, parking areas, loading areas, waste disposal fields and other construction features of the proposal. The Board of Adjustment shall review the proposed plans and determine whether or not they comply with the following performance standards, as well as any other applicable requirements of this chapter.
(2)
Performance standards. No proposed use shall be approved unless it provides proof that said use will meet the following requirements during its operation:
(a)
Liquid wastes and effluents shall be discharged into an approved, existing sewerage treatment system in accordance with the regulations of that system or shall be treated in a treatment plant operated by the proposed use which is in compliance with the applicable state statutes and with the requirements of the State Board of Health.
(b)
Precaution against fire hazards, proper handling and storage of materials and structural design and safeguards for the health and safety of the workers shall comply with the applicable regulations and requirements of the State Department of Labor and Industry.
(c)
Any vibration, glare or noise resulting from the operation of the proposed use will not be evident beyond the boundaries of the M-1 Industrial Zone.
(d)
The proposed use shall not result in the dissemination of smoke, dust, chemicals or odors into the air to such a degree as to be detrimental to the health and welfare of the residents of the area.
(3)
Report from the Board of Health. The applicant shall secure a report from the Board of Health of the Borough in regard to the effect of the proposed use upon the public health of the residents of the Borough and the surrounding area with respect to any potential pollution of the air resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. The report shall be based upon the completion of industrial atmospheric pollution survey forms of the State Department of Health and other appropriate investigations of the Board of Health.
§ 400-25 Conservation Districts.
A.
Intent. The Borough Council of Gibbsboro finds that increasing demands upon natural resources are despoiling or eliminating many of its water systems, wetlands, woodlands and other natural resources. Conservation or preservation of these resources in an undisturbed and natural condition constitutes important physical, aesthetic, recreational, safety, health and economic assets to existing and future residents of the Borough of Gibbsboro. It is the intent of the Borough Council to establish Conservation Districts for the purposes of conserving and protecting wetlands, floodplains, streams, stream corridors, lakes, lakeshores and steep slopes in order to minimize their disturbance; to prevent damage from erosion, floods, siltation and water turbidity; to prevent the loss of vegetation, fish, wildlife and natural habitat; to permit adequate recharge of groundwater aquifers; and to protect the quality of ground- and surface waters. It is the specific intent that the use and area regulations in any Conservation District be applied in conjunction with the zoning regulations of the other listed zone containing the Conservation District to permit only those uses in the Conservation District which are compatible with natural conditions, do not increase existing flood elevations and do not have any significant adverse impacts as defined in Subsection D(7).
B.
Buffer. A transitional buffer 50 feet in width is hereby established around the perimeter of all lakes and wetlands and along streams.
C.
Permitted uses.
(1)
The following uses do not require a permit from the Borough Council.
(a)
Outdoor recreation, including hiking, swimming, horseback riding, nature study, swimming, camping, boating, trapping, hunting, fishing and ice-skating, where otherwise legally permitted and regulated. The construction of recreational facilities as regulated in Subsection D(7).
(b)
Maintenance of waterways, lawns and vegetation existing prior to the effective date of this chapter, except to the extent prohibited by Subsection D below.
(c)
Emergency activities carried out to protect the public health and safety.
(2)
The following uses are permitted in Conservation Districts on issuance of a zoning permit from the Borough Council.
(a)
Conservation of soil, vegetation, water, fish, shellfish and wildlife in accordance with recognized conservation practices as established by the New Jersey State Soil Conservation Committee, the United States Department of the Interior, Fish and Wildlife Service and the New Jersey Department of Environmental Protection.
(b)
The creation of foot trails.
(c)
Grazing, farming, gardening, harvesting of crops and the farming of nurseries, orchards and game farms, except sod farms.
(d)
Uses accessory to residential or other permitted primary uses of adjoining lands or waters, provided that they are consistent with the intent and objectives of this chapter. On-site septic systems are excluded.
(e)
The maintenance and repair of roads, ditches, driveways, public utilities and irrigation ditches existing prior to the effective date of this chapter.
(f)
The maintenance, repair and construction valued at more than 50% of the market value of the buildings lawfully existing prior to the effective date of this chapter, but not including improvements which increase ground coverage. When in doubt, market value shall be determined by a professional appraiser, who shall perform an appraisal which cites comparable buildings and construction. The applicant will reimburse the Zoning Board for the costs incurred for the appraisal.
D.
Prohibited activities. Except as may be herein provided, it shall be unlawful for any person to perform or cause to be performed any of the following prohibited activities in a Conservation District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
To place, deposit, store temporarily or permit to be placed or deposited soil, gravel, sand, de-icing salts, cinders, leaf and brush compost, debris, solid or liquid waste, fill or any material, including structures, pilings and containers, into, within or upon any land in a Conservation District.
(2)
To dig, dredge, suck, bulldoze, dragline, blast or in any other way alter, move or remove any material from a Conservation District.
(3)
To remove, uproot, cut or destroy vegetation in any manner, directly or indirectly, through alteration in watercourse or water level.
(4)
To create and use trails for motorized vehicles and to operate such motorized vehicles.
(5)
The dumping or discharge of treated or untreated domestic sewage or industrial waste, liquid or solid, except by a sewage treatment facility approved by the Borough of Gibbsboro and the Camden County Municipal Utilities Authority or their agents.
(6)
The application of pesticides which slowly degrade and persist in the environment.
(7)
Any activity which has a significant adverse impact, including but not limited to the following:
(a)
Any change in the present rate of stormwater runoff discharged into or generated within lands of any Conservation District, as calculated by acceptable engineering methods.
(b)
An alteration in the seasonal normal level or flow of surface or groundwater or an increase in the existing flood stage elevation.
(c)
An increase in soil erosion.
(d)
The pollution of water or land by fertilizers or toxic chemicals.
(e)
An alteration in the shoreline, floodplain or watercourse of any water body or wetland.
(f)
An increase in the peak discharge of a one-hundred-year flood.
(g)
The loss of vegetation or vegetational diversity.
(h)
Any disturbance or loss of area(s) used by indigenous or migratory wildlife for breeding, nesting, and feeding.
E.
Conditional uses. The following conditional uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-11-1990 by Ord. No. 90-10]
(1)
The Planning Board shall issue conditional use permits for uses in Conservation Districts only after making the following findings of fact regarding the use, that the use:
(a)
Requires access to water or wetlands or is water-dependent as a central element of its basic nature or requires access to steep slopes or is steep-slope dependent as a central element of its basic nature;
(b)
Has no prudent alternative site which does not involve Conservation District areas;
(c)
Will result in minimum feasible alteration or impairment of the natural conditions and minimizes the adverse impacts listed in Subsection D(7).
(d)
Does not have as its purpose the permanent alteration of a Conservation District area.
(2)
The conditional use permit shall be subject to such special conditions or safeguards as the Environmental Commission and Planning Board may deem necessary to fulfill the intent and objectives of the Conservation District regulations.
(3)
The Environmental Commission and the Planning Board may request the Borough Engineer, planning consultant, county and/or state environmental and engineering agencies to review the permit application and make recommendations for approval, disapproval or conditions of approval.
(4)
All uses and operations permitted or approved by conditional use permit shall be conducted in such a manner as will cause the least adverse impact.
(5)
The valuation placed on Conservation District lands, for purposes of real estate taxation, shall take into account and be limited by the limitation on the future use of such land by Conservation District regulations.
(6)
A conditional use permit shall be secured for the following uses in a Conservation District:
(a)
Maintenance or repair of dams or other water control devices whose maintenance or repair requires or causes an alteration in water level or course of a lake, stream or wetland.
(b)
Driveways and roads. This use should be permitted only when all alternative means of access are proven to be impractical in the considered judgment of the Planning Board.
F.
Conservation district conditional use permits. All conditional uses in the Conservation District shall be subject to the following regulations:
(1)
The applicant shall present an original and eight copies of the permit application, together with other required information, to the Borough Clerk. All applications must be accompanied by the following information:
(a)
A map showing the land and waters with existing contour lines at one-foot intervals; the permit area and all land, streams, lakes, wetlands, steep slopes and floodplains within 200 feet of the permit area; the buffer; and all areas of the permit area which are in the Conservation District.
(b)
A survey and topographical map with proposed final contours shown at one-foot intervals and the proposed area of removal, deposition, use or construction indicated. All maps, plans and surveys shall be certified by a registered land surveyor licensed in New Jersey. All engineering plans shall be certified by a registered professional engineer licensed in New Jersey.
(c)
The applicant shall notify, by certified mail and public notice in the local newspaper, all property owners within 200 feet of the premises of the hearing date, time and place 10 days prior to the hearing date.
(2)
This section does not obviate the necessity for the applicant to obtain the assent or permit required by any other agency before proceeding with operations or use under an approved permit. No operations shall be initiated by the applicant until such other permits as may be required are issued.
(3)
All applications for building permits, filed subdivision maps or any development within a Conservation District shall be reviewed by the Environmental Commission and receive the Commission's approval before the Planning Board approval may be issued. The Planning Board may request the plans be reviewed by other agencies as listed in Subsection E(3).
G.
Compliance with conditions.
(1)
Performance bond.
(a)
The conditional use permit applicant, upon approval of a permit, shall file with the Borough Clerk a performance bond, if required, in an amount and with sureties and in a form approved by the Planning Board and its Solicitor.
(b)
The bond and sureties shall be conditioned on compliance with all provisions of these regulations and conditions imposed on the permit approval.
(2)
The applicant shall certify that he has public liability insurance (bodily injury and death: $300,000; property damage: $300,000) against liability which might result from proposed operations or use, covering any and all damage which might occur within three years of completion of such operations.
(3)
The applicant shall also submit to the Borough Clerk an affidavit which indemnifies and saves harmless the Borough or any agent thereof from any claims arising out of operations under the permit and from all acts, omissions or negligence on the part of the applicant, his agents or employees.
(4)
In the case of removal, deposition, placement of structures, other operations or uses permitted within the Conservation District, the Planning Board shall reserve the right to require payments to the Borough in an amount and in such a manner as the Planning Board may direct to reimburse the costs of permit review, permit enforcement, code enforcement and prosecution fees incurred by the Borough.
(5)
The Planning Board shall reserve the right to require a conditional use permit for any operation, use or activity allowed or permitted in the Conservation District.
H.
Penalties and corrective action. Any person, firm, corporation or entity found violating any provision of this section or conditions imposed on the permit by the Borough, the Zoning or Planning Board, Environmental Commission or their agent shall be served with a written notice at the direction of the Planning Board stating the nature of the violation and providing 10 days within which the violation shall cease and satisfactory corrective action shall be taken by the violator:
(3)
Each day of such violation shall constitute a separate offense under this section.
(4)
In the event that any person, firm, corporation or entity shall continue any violation beyond 10 days after the written notice of violation by the Planning Board is received, the Planning Board shall direct its Solicitor to take appropriate actions for prosecution through the criminal and/or civil legal systems. All costs and expenses incurred by the Borough in connection with proceedings, including the actual costs of correction or removal, shall be assessed against the offender.
[1]
Editor's Note: This ordinance was vetoed by the Mayor and subsequently overridden by the Borough Council 5-20-1986.