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