Paulsboro City Zoning Code
ARTICLE IX
General Regulations
§ 80-29 Nonconforming buildings or uses.
A.
Continuation. Any lawful use of a building or land existing or authorized by a building permit at the effective date of this ordinance may be continued, although such use does not conform to the provisions of this ordinance.
B.
Extension. A nonconforming use of a building or land may be extended up to 50% of the area occupied by such use at the effective date of this ordinance, provided that the Planning Board may authorize as a special exception an extension of more than 50%. Any extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated.
[Amended 2-20-2001 by Ord. No. 05.01]
C.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, repaired and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption, provided that a reconstructed building shall comply with established front-yard or building-line requirements.
E.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this ordinance.
§ 80-30 Building height regulations.
[Amended 5-29-2001 by Ord. No. 08.01]
In residence districts, no building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side-yard requirements, up to a maximum height of 50 feet. In commercial districts, no building shall exceed 50 feet, and in M Manufacturing Districts, no building shall exceed 80 feet in height, provided that such height limits may be exceeded when authorized by the Planning Board as a special exception.
§ 80-31 Nonconforming lots.
[Amended 2-20-2001 by Ord. No. 05.01]
A building may be erected on any lot held in single and separate ownership at the effective date of this ordinance which is not of the required minimum area or width, when approved by the Planning Board.
§ 80-32 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 80-33 Conversion of dwelling to multiple-family use.
[Amended 11-18-1986 by Ord. No. 09.86]
A.
In the R-1 Residence District, the Planning Board may authorize as a conditional use the conversion of any dwelling existing at the effective date of this ordinance into a dwelling for two or more families, subject to the provisions of § 80-40 and further subject to the following requirements.
(1)
The lot area per family, yards and building area shall not be reduced to less than the requirements for the district.
(2)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
(3)
Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a single-family dwelling or other conforming use.
B.
In the R-2 Residence District and commercial districts, a dwelling may be converted as a conditional use for multifamily purposes, subject to the area requirements of the district in which it is located.
§ 80-34 Prohibited uses.
A.
No building may be erected, altered or used and no lot or premises may be used in a residence or commercial district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise, or which constitutes a public hazard, whether by fire, explosion or otherwise. In a manufacturing district, no use which shall create a noxious, offensive or hazardous condition beyond a manufacturing district boundary line shall be permitted. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not.
(1)
Constitute a public nuisance beyond a manufacturing district boundary line by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the manufacturing district boundary line.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare in neighboring nonindustrial areas.
(5)
Result in electrical disturbance in nearby residents.
(6)
Contribute to the pollution of waters.
(7)
Create any other objectionable condition beyond a manufacturing district boundary line which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
The applicant, as a condition of approval, shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive, as defined above. In order to determine that adequate safeguards are provided, the Zoning Officer may require that the applicant submit necessary information, plans, impartial expert judgments and written assurances; obtain the expert advice of official agencies, or of private experts or consultants; and make such reasonable tests as are deemed necessary.
[Amended 5-29-2001 by Ord. No. 08.01]
C.
Attached (or row) buildings used exclusively as dwellings shall not be permitted in any district.
D.
No lot or premises may be used for a trailer camp.
E.
Trailers.
[Added 10-5-1999 by Ord. No. 09.99]
(1)
No trailer or trailer-type facility used or intended to be used for nondwelling purposes shall be occupied or used for storage on any tract of ground within the Borough, except as herein provided.
(a)
Construction trailers as a temporary accessory use during construction of an authorized use shall be permitted as part of the zoning permit for the authorized use. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent, primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the Construction Code Official or other appropriate administrative officer, but in any event shall be removed within 30 days of the completion of the project.
(b)
Trailers may be permitted as a temporary business office in districts where business offices are permitted during construction of a permanent office facility or as a sales or leasing office on a buildable lot during construction of a residential development. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent, primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the Construction Code Official or other appropriate administrative officer.
(2)
The trailers shall be located on the site of the existing facility to be renovated or reconstructed. No trailer shall be located closer than 25 feet to any existing building or other structure on the site. Each trailer shall be located at least 15 feet from any adjacent trailer.
(3)
No more than 10 trailers shall be permitted at any one time.
(4)
Storage at the site of existing commercial or industrial facilities in connection with the renovation or reconstruction of such existing commercial or industrial facilities may be permitted, provided that the Construction Code Official authorizes the use of such and issues a permit pursuant to the conditions and provisions in this chapter.
(5)
The storage shall consist only of merchandise, material, equipment and items that existed in the facility immediately prior to reconstruction or renovation and shall not consist of any inventory, merchandise, material or equipment brought to the site subsequent to the commencement of renovation or reconstruction. No retail sales of the stored material shall be permitted during the storage period.
(6)
Such storage shall be permitted only for the period of reconstruction or renovation and, in any event, not for more than a period of three months from the issuance of permit. However, in the event that the reconstruction or renovation is not completed during the initial permit period, the Construction Code Official is authorized to issue additional permits for an additional three-month period of time. The total period of time for which permits may be issued pursuant to this section, including the initial permit and additional permits, shall not exceed 12 months.
(7)
The manner and means of storage shall be reviewed and approved by all applicable subcode officials prior to the issuance of any permit.
(8)
Whenever five or more trailers shall be used for such storage, the following provisions shall be applicable in addition to the foregoing provisions:
(a)
A chain-link fence at least six feet in height shall be erected around the outer perimeter of the storage area.
(b)
At the sole cost and expense of the owner or occupant of the property, a security guard shall be provided for the storage site on a twenty-four-hour-a-day basis.
(c)
The storage site shall be adequately illuminated by lighting installed within the perimeter of the aforesaid chain link fence.
(9)
At the termination of the permit period or extended periods as may be permitted pursuant to this section, the storage trailers shall be removed from the storage site, and the storage site shall be restored to the condition that existed prior to the commencement of the storage period, including but not limited to repair of the surface area of the storage site. The restoration and repair of the storage site shall be completed within 30 days from the date upon which the permit period or extended periods, as may be permitted, expires.
(10)
The Construction Code Official shall charge a fee as provided in the Borough Code for each permit and each extension issued pursuant to this section.
(11)
In addition to the penalties provided herein, the violation of any provision of this section or terms of any permit shall result in the revocation of the permit.
(12)
The above requirements apply retroactively to all prior and current existing trailers on property within the Borough.
(13)
Any noncompliance with this section shall be subject to a minimum fine of $500 to a maximum fine of $1,000.
(14) TRAILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes not only tractor-trailers pulled or capable of being pulled by tractors or trucks, but also fully enclosed truck bodies, whether or not self-propelled, campers and other type mobile containers or containers intended and/or capable of being hauled, including boxcar-type truck bodies or box-type truck-trailers.
F.
Prohibited activity. No person shall use or locate a trailer for the permanent or temporary storage of goods, wares or merchandise or for use as an office or commercial or industrial purpose on any property in the Borough.
[Added 10-5-1999 by Ord. No. 09.99]
(1)
Exceptions. The provisions of this section shall not apply to:
(a)
Trailers temporarily parked on property for delivery, pickup and unloading purpose in the normal course of business (not to exceed a period of five days).
(b)
New and used trailers marketed to be sold in a licensed and regulated trailer sales facility.
(c)
Construction trailers temporarily located on development and construction sites while development and construction is in progress. The location of construction trailers shall be approved by the Planning Board during the development's subdivision. In the absence of same, said location shall be approved by the Borough Construction Code Official.
[Amended 5-29-2001 by Ord. No. 08.01]
(d)
Trailers used for the housing of disposal or recyclable materials under the management and control of the municipality pursuant to its recycling program.
(e)
Trailers that are located on school property that are used for educational purposes or for storage of school property or equipment.
(f)
Commercial establishments.
[1]
A trailer that is being utilized by any commercial establishment for the sole purpose of storage of inventory on the date of the enactment of this section of the ordinance may continue to utilize said trailer for the purpose of storage of inventory so long as the placement of the trailer, or the relocation of same, if necessary, is in compliance with all applicable zoning ordinances pertaining, but not limited to, all setback requirements and size requirements, and; the trailer aesthetically blends with the building and/or structures that are also located on the property.
[2]
In order to qualify under this exemption, an authorized representative of the commercial establishment or the property owner must provide the Borough Construction Code Official or other appropriate administrative officer, with a written plan within 60 days from the enactment of this section of the ordinance, which shall provide the exact placement of the trailer on the property and the distance of the trailer from the boundary of the property or the proposed area where the trailer will be relocated, if necessary, as well as a detailed description of how the trailer will be aesthetically finished to blend with the building and/or other structures that are located on the property.
[3]
After review of said plan, the Borough Construction Code Official or other appropriate administrative officer, shall either issue a permit allowing the continued use of the trailer, subject to any conditions, or deny the issuance of a permit and advise the commercial establishment that it must remove the trailer from the property within 30 days of receipt of the notice of denial.
§ 80-35 Parking space.
A.
Not less than one off-street parking space, with proper access from a street or alley, shall be provided on any lot on which a dwelling is hereafter erected, and the following types of uses shall provide off-street parking space, as indicated, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated:
(1)
Multiple dwelling on conversion: one space for each housekeeping unit.
[Amended 6-28-1966 by Ord. No. 463]
(2)
Hotel or tourist house: one space for each rental room or suite.
(3)
Restaurant, eating or drinking establishment having a total floor area of more than 1,000 square feet: one space for each 50 square feet of floor space devoted to patron use.
(4)
Professional office as an accessory use in a residential district: one space for each 100 square feet of floor area devoted to waiting room or office use.
(5)
Theater, auditorium or other place of public assemblage, except churches: one space for every 10 seats.
(6)
Commercial, office or recreational building or use, other than those specified above, having a total floor or ground area of more than 1,000 square feet: one space for each 200 square feet, or portion thereof, of ground or ground-floor area, plus one space for each 300 square feet, or portion thereof, of upper-floor area.
(7)
Industrial establishment: one space for each four employees on any one shift.
B.
In addition to the minimum of 200 square feet per parking space required, adequate driveways, aisles and maneuvering spaces shall be provided. Parking areas shall be graded for convenient access, and shall be paved with a hard or semihard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or a hazard.
C.
Off-street parking facilities existing at the effective date of this ordinance shall not subsequently be reduced to an amount less than that required under this ordinance for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this ordinance shall not subsequently be reduced below the requirements of this ordinance.
§ 80-36 Loading and unloading space.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 80-37 Yard exceptions.
A.
Front-yard exceptions. The front-yard requirements prescribed by this ordinance are subject to the following exceptions:
(1)
Where building lines have been established by ordinance of Council, such building lines shall apply.
(2)
The front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front-yard requirement for the district.
B.
Yard exceptions for private garage; accessory building. A private garage or other accessory building which is not an integral structural part of a main building may be located in the required side or rear yard but not less than three feet from any property line, provided that such building is situated not less than 10 feet farther back from the street line than the rearmost portion of the main building. Nothing in this section shall be construed to prohibit the erection of a common or joint garage which is not an integral structural part of a main building on adjoining lots.
§ 80-38 Vision obstruction.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view.
§ 80-39 Temporary use permit.
[Amended 2-20-2001 by Ord. No. 05.01]
A temporary permit may be authorized by the Borough Council upon recommendation of the Planning Board for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such permit shall be issued for a specified period of time not exceeding one year and may be renewed annually for an aggregate period of not more than three years, including the original authorization.
§ 80-40 Standards for review.
[Amended 11-18-1986 by Ord. No. 09.86; 2-20-2001 by Ord. No. 05.01]
When considering requests for conditional uses, variances, amendments or changes in the Zoning Ordinances or Zoning Map, the governing body or Planning Board shall be guided by the following standards. They shall:
A.
Give full consideration to the size, scope, nature, character and extent of use desired and insurance that the use requested is consistent with the plan for future land use and the spirit, purpose and intent of the Zoning Ordinance.
B.
Consider the suitability of the particular property for the proposed use, the character of development of surrounding properties and the determination that the proposed use shall be appropriate in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
C.
Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed use will be appropriate in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
D.
Determine that the proposed use will promote the harmonious and orderly development of the district in which it is located, and that it will serve the best interests of the Borough, the convenience of the community, where applicable, and the public health, safety, morals and general welfare.
E.
Consider the suitability of the proposed location of a use with respect to traffic and highways in the area, and ensure that the adequate access and off-street parking arrangements are provided in order to protect major streets from undue congestion and hazard.
F.
Make certain that the proposed change is reasonable in terms of logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.
G.
Consider, where appropriate, the standards for site and building plan review.
H.
Impose such conditions, in addition to those required, as are necessary to ensure that the general purpose and intent of the Master Plan and Zoning Ordinance are complied with and that the use of the property adjacent to the area of the proposed use is adequately safeguarded, which conditions may relate to, but are not limited to, harmonious design of buildings, appearance, plantings and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, number of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and minimizing noxious, offensive or hazardous elements.
§ 80-41 Public utility corporation.
This ordinance shall not apply to existing property or to buildings or structures used or to be used by public utilities in furnishing service, if upon a petition of the public utility the Board of Public Utility Commissioners shall, after a hearing of which the Paulsboro Borough Council shall have notice, decide that the present or proposed situation of the building or structure in question is reasonably necessary for the service, convenience or welfare of the public.
§ 80-42 Multiple dwellings or apartments.
[Added 6-28-1966 by Ord. No. 463; amended 11-18-1986 by Ord. No. 09.86]
Where multiple dwellings or apartments are permitted as a use or conditional use in any zone, the following regulations shall also apply for the erection of a multiple dwelling or apartment:
A.
Lot area. A lot area, exclusive of streets and driveways, shall be provided of 3,000 square feet for each unit with two or more bedrooms and 2,500 square feet for each unit with one or no bedrooms.
B.
Floor area. The minimum habitable floor area of each unit shall be provided in accordance with the following schedule:
C.
Lot coverage. Not more than 45% of the area of each lot may be occupied by buildings.
D.
Yards and open spaces. A front yard of not less than 25 feet in depth shall be provided along each street on which the lot abuts. Side and rear yards of not less than 15 feet in depth shall be provided. The distance between any two multiple dwellings or apartments on a lot shall be not less than the height of the taller building.
E.
Heights. No multiple dwelling or apartment shall exceed either three stories or 35 feet in height.
F.
Recreation area. An outdoor recreation area or areas and/or indoor recreation or meeting room shall be provided for the use of residents of the multiple dwellings or apartments.
G.
Off-street parking. A minimum of three off-street parking spaces for each two units shall be provided. Such parking spaces shall not be located in the required front yard area. Parking areas shall be paved in accordance with the Borough specifications.
H.
Landscaping and lighting. Each multiple dwelling or apartment and any remaining open area shall be appropriately landscaped by a professional landscaper. Any open-air off-street parking area or recreational area or facility which adjoins a residential use shall be screened along the property line with evergreen shrubbery or trees not less than five feet high when planted. Exterior lighting shall be so arranged to protect highways and adjoining properties from direct glare or hazardous interference of any kind.
I.
Utilities and refuse disposal. Prior to the authorization of any multiple dwelling or apartment, a certification by the Borough Council as to the adequacy of sewer and water facilities to the proposed use shall be required. Provisions shall be made for conveying refuse to a central point or points to facilitate Borough collection.
J.
Applications for zoning permits. All applications for multiple dwellings or apartments shall be accompanied by a plan or plans showing the following:
(1)
The total area of the lot, drawn at a scale of one inch equals 50 feet, showing contours at intervals of five feet and other topographical features, and indicating the owners of adjoining properties.
(2)
The locations, use, dimensions and heights of each building and other structures proposed to be erected on the lot, the total gross floor area of the buildings to be constructed and the total area of ground to be built on.
(3)
The location, dimensions and arrangements of all open spaces, yards, accessways, entrances, exits, off-street parking spaces, pedestrianways and location and width of all streets and sidewalks. Individual parking spaces shown on the plan shall not be less than nine feet in width nor less than 18 feet in depth. As an alternative to indicating individual parking spaces in detail, a parking area of not less than 400 square feet of area for each of the required spaces may be shown on the plan.
(4)
The character of buffer areas and screening devices to be maintained, including the location, dimensions and arrangements of all area devoted to planting, lawns and trees.
(5)
Provisions made for refuse conveyance to a central collection point or points, stormwater drainage and sewer and water utilities.
(6)
A sketch showing the building facades, types of materials used, typical floor and individual apartment plans.
(7)
Such other information as will enable an evaluation of the effectiveness of the design and the character or the proposed apartment and to properly allow such matters in relation to the surrounding areas, anticipated traffic and the impact on the school services and utility.