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.
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.
[1]
Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.
B.
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.
C.
A use listed in § 450-14 is not permitted in any district under which it is denoted by the letter "N."
D.
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.
§ 450-13 Temporary accessory uses.
A.
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.
B.
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.
§ 450-14 Specific use regulations. [1]
A.
Residential uses. Residential uses shall be as follows:
(1)
Use 1: single-family detached dwelling.
(2)
Use 2: single-family attached dwelling, provided that in R-3 Districts, such dwellings must be part of a cluster development as provided in Use 4.
(3)
Use 3: Conversion.
(a)
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
(b)
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).
(c)
Conversions under Subsection A(3)(a) and (b) above shall be subject to the following provisions:
[1]
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.
[2]
The yard, building area and other applicable requirements for the district shall not be reduced.
[3]
No structural alteration shall be made to the exterior of the building, except as may be necessary for purposes of safety.
(4)
Use 4: cluster development. See the performance standard regulations (Article IX).
(5)
Use 5: multifamily dwelling, garden apartments. Multifamily dwelling, garden apartments, having not more than three stories, subject to the following provisions:
[Amended 7-5-2017 by Ord. No. 2017-5]
(a)
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.
(b)
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.
(c)
Off-street parking design standards. In addition to the off-street parking provisions of Article VII, the following additional provisions shall be required:
[1]
All parking spaces and access drives shall be at least 20 feet from any multifamily dwelling on the lot.
[2]
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.
[3]
All off-street parking shall be developed within the confines of the lot.
(6)
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:
(a)
Lot area per dwelling unit. Each lot used for such a multiple dwelling shall provide a lot area for each dwelling unit.
[1]
Seven hundred fifty square feet for each efficiency dwelling unit.
[2]
One thousand square feet for each one-bedroom unit.
[3]
One thousand three hundred square feet for each two-bedroom unit.
[4]
One thousand six hundred square feet for each three-bedroom unit.
(b)
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.
[Amended 7-5-2017 by Ord. No. 2017-5]
Building Coverage | FAR | |
|---|---|---|
24% to 30% | 0.6 | |
23% | 0.7 | |
22% | 0.8 | |
21% | 0.9 | |
20% | 1.0 | |
19% | 1.1 | |
18% | 1.2 | |
17% | 1.3 | |
16% | 1.4 | |
15% | 1.5 |
(c)
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.
(d)
Access. Access to a mid-rise multiple-family dwelling shall be taken only from an arterial highway or a collector street.
[Amended 7-5-2017 by Ord. No. 2017-5]
(e)
Off-street parking design requirements.
[1]
All off-street parking lots and their access drives shall be at least 20 feet from any principal building on a lot.
[2]
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.
(7)
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.
(8)
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.
(9)
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]
B.
Institutional, recreational and educational uses. Institutional, recreational and educational uses shall be as follows:
(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:
(a)
Minimum lot size shall not be less than 0.5 acre.
(b)
Maximum height restrictions shall not apply to church or synagogue buildings.
(c)
There shall be direct access to an arterial or collector highway or primary access street.
[Amended 7-5-2017 by Ord. No. 2017-5]
(2)
Use 10: school, including religious and nonsectarian, denominational, private or public school not conducted as a private gainful business, subject to the following provisions:
(a)
Minimum lot size shall be not less than two acres.
(b)
There shall be direct access to an arterial or collector highway or primary access street.
[Amended 7-5-2017 by Ord. No. 2017-5]
(3)
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.
(4)
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:
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
(5)
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.
(6)
Use 14: recreational facility owned or operated by the Borough or other governmental agency.
(7)
Use 15: recreational facility owned or operated by a nongovernmental agency, subject to the following additional provisions:
(a)
The use shall be conducted as a private gainful business.
(b)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard.
(c)
Outdoor play areas shall be sufficiently screened to protect the neighborhood from inappropriate noise and other disturbance.
(8)
Use 16: private club or lodge, subject to the following additional provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
The use shall be for members and guests only.
(9)
Use 17: nursing home:
(a)
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.
(b)
Provided that:
[1]
A lot area of not less than two acres is provided.
[2]
No more than 100 patients shall be accommodated at any one time.
[3]
Landscaping and planting, including evergreens, shall be provided and maintained.
(10)
Use 18: hospital:
(a)
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.
(b)
Provided that:
[1]
A lot area of not less than two acres shall be provided.
[2]
Landscaping and planting, including evergreens, shall be provided and maintained.
(11)
Use 19: medical center:
(a)
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.
(b)
Provided that:
[1]
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.
[2]
Landscaping and planting are provided and maintained.
C.
Business or office uses. Business or office uses shall be as follows:
(1)
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:
(a)
The use shall have frontage on and access to a collector or arterial highway.
[Amended 7-5-2017 by Ord. No. 2017-5]
(b)
Such use shall be carried on wholly indoors and within the principal building.
(c)
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.
(2)
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.
(3)
Use 22: business service limited to governmental offices.
(4)
Use 23: health service limited to medical or dental offices, laboratories and clinics, provided that the additional provisions of Use 20 are met.
(5)
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.
(6)
Use 25: trade or professional school, music or dancing school.
D.
Commercial uses. Commercial uses shall be as follows:
(1)
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.
(2)
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.
[Added 10-19-1999 by Ord. No. 99-20]
(3)
Use 27: bulk commercial, stores for the sale of lumber, automobiles, agricultural machinery, boats or any other items requiring extensive outdoor display.
(4)
Use 28: personal service, including barbershop, beauty parlor, laundry or cleaning agency, self-service laundry and wearing apparel.
(5)
Use 29: repair service, including shops for appliances, watches, guns, bicycles, locks, etc.
(6)
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).
(7)
Use 31: eating place for the sale and consumption of food and beverages with drive-in or take-out service.
(8)
Use 32: mortuary or funeral home, provided that the additional provisions of Use 20 are met.
(9)
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.
(10)
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.
(11)
Use 64: marina, subject to the standards of Article IV, Dimensional Requirements, and Article V, Performance Standards, of this chapter.
[Added 10-19-1999 by Ord. No. 99-20]
(12)
Use 65: bar/nightclub.
[Added 10-19-1999 by Ord. No. 99-20]
(13)
Use 66: liquor store for sale of package goods only in conjunction with bar/nightclub.
[Added 10-19-1999 by Ord. No. 99-20]
(14)
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.
[Added 10-19-1999 by Ord. No. 99-20]
E.
Automotive service uses. Automotive service uses shall be as follows:
(1)
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:
(a)
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.
(b)
No sale, rental, service or repair operation shall be performed.
(c)
The parking or storage of trucks or trailers shall not be permitted.
(d)
All parking areas shall meet the design standards for off-street parking included in the Borough subdivision and site plan review regulations.[2]
[2]
Editor's Note: See Ch. 400, Subdivision of Land, and Ch. 375, Site Plan Review.
(e)
All parking lots must conform to the provisions of § 450-48.
(2)
Use 36: gasoline service station, subject to the following provisions:
(a)
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b)
Fuel pumps shall be at least 20 feet from any street right-of-way.
(c)
All automobile parts, dismantled vehicles and similar articles shall be stored within a building or fully screened on all sides.
(d)
Full-body paint spraying or body and fender work shall not be permitted.
(3)
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.
(4)
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.
F.
Transportation facilities. Transportation facilities shall be as follows:
(1)
Use 39: bus or taxicab terminal.
(2)
Use 40: school bus yard.
(3)
Use 41: truck terminal.
(4)
Use 42: railroad station or railway service.
(5)
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)
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.
(b)
Excepting rooftop landing areas, the entire landing area is to be surrounded by a fence at least six feet in height.
(c)
No fueling, refueling, service or storage facilities shall be included.
(d)
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.
G.
Utilities. Utilities shall be as follows:
(1)
Use 44: communication facility, including telephone or telegraph exchange, microwave relay station and radio or television broadcasting studio.
(2)
Use 45: supply utility, including water supply works and storage and electric substations, plus necessary rights-of-way and transmission lines, provided that:
(a)
Except in COS and H-C/I Districts, no public business office shall be operated in connection with such use.
(b)
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.
(c)
All transmission lines shall be underground.
(d)
A seventy-five-foot buffer yard shall be provided along all property lines.
(3)
Use 46: petroleum product and gas substation, provided that the provisions of Subsection G(2)(c) and (d) (Use 45) above are met.
(4)
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.
(5)
Use 48: fire station.
(6)
Use 49: fire signal.
H.
Industrial use. Industrial uses shall be as follows:
(1)
Use 50: wholesale business and storage, provided that:
(a)
In COS District, such uses shall be restricted to offices.
(b)
In H-C/I District, the storage provisions of Use 59 are met.
(2)
Use 51: warehousing, not including outdoor storage unless the provisions of Use 59 are met.
(3)
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.
(4)
Use 53: laboratory for research, testing or experimentation.
(5)
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.
I.
Accessory uses. Accessory uses shall be as follows:
(1)
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:
(a)
The home occupation shall be carried on wholly indoors and within the principal building.
(b)
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.
(c)
No alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
(d)
No articles shall be sold or offered for sale except such as may be produced on the premises.
(e)
No repetitive servicing by truck for supplies and materials shall be required.
(f)
The home occupation shall be carried on only by members of the immediate family residing in the structure.
(2)
Use 56: residential accessory buildings, structures and uses.
(a)
Residential accessory building or structure or use, including but not limited to:
[1]
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.
[2]
Structures such as fences and walls.
[3]
Buildings such as storage sheds, bath houses and private greenhouses.
[4]
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.
[5]
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.
(b)
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.
(3)
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:
(a)
The life of such permit shall not exceed six months, renewable at three-month intervals.
(b)
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
(4)
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.
(5)
Use 59: outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use.
(a)
Such shall be subject to the following provisions:
[1]
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.
[2]
Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.
[3]
Outside storage areas shall be shielded from view from the public streets.
(b)
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:
[1]
No more than 25% of the lot area shall be used in outdoor storage.
[2]
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).
(6)
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]
[3]
Editor's Note: See §§ 450-88 and 450-89.
(7)
Use 61: travel trailer, storage of, subject to the following provisions:
(a)
In all districts, no more than one trailer shall be stored on a lot.
(b)
Such trailers shall be owned by the occupant of the lot upon which the trailer is stored.
(c)
Such trailers must be unoccupied.
(d)
The provisions for outside storage included in Use 59 must be complied with.
(e)
Provisions in Subsection I(7)(a) and (b) above shall not apply to the storage of trailers as a permitted principal use.
(8)
Use 62: off-street parking, subject to the provisions and requirements of Article VII.
(9)
Use 63: sign, subject to the provisions and requirements of Article VI.
(10)
Use 68: wind energy conversion system (WECS).
[Added 4-19-2011 by Ord. No. 2011-6; amended 7-5-2017 by Ord. No. 2017-5]
(a)
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.
(b)
In addition to submission of the site plan checklist items required pursuant to this chapter, the following information shall be provided:
[1]
Location and elevation of proposed WECS.
[2]
Location, dimension and type of existing structures and uses on the site.
[3]
Location of all aboveground utility lines on site within the distance of the height of the WECS.
[4]
Zoning designation of the adjacent properties within a two-hundred-foot radius of the subject property.
(c)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
All electric lines/utility wires shall be buried underground.
[6]
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.
[7]
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.
[8]
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.
[9]
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.
[10]
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.
[11]
The tower and generating unit shall be kept in good repair and sound condition as not to threaten the health and safety of any individual or animal.
[12]
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.
[1]
Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.
§ 450-15 Sexually oriented businesses.
[Added 5-2-2006 by Ord. No. 2006-10]
A.
Declaration and findings of policy; scope.
(1)
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.
[Amended 7-5-2017 by Ord. No. 2017-5]
(2)
This section shall apply to the regulation of sexually oriented businesses within the limits of the Borough of Penns Grove.
B.
Location of sexually oriented businesses.
(1)
A person violates this section if he operates or causes to be operated a sexually oriented business within 3,500 feet of:
(a)
A place of worship.
(b)
Any school, whether public or private.
(c)
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.
(d)
Any other sexually oriented business.
(e)
A public building or park.
(2)
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.
C.
Development standards.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Lobby and entrance areas should be designed so as to minimize obstructions of sidewalks during operating hours.
(6)
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.
(7)
No outdoor loudspeakers or sound equipment audible to the exterior of the structure housing the sexually oriented business shall be used.
[Amended 7-5-2017 by Ord. No. 2017-5]
(8)
All of the above items listed in this subsection shall be evaluated subject to the following controls:
(a)
Minimum site size. The minimum site size shall be two acres, with a minimum width of 400 feet.
(b)
Lot coverage. Coverage of the lots by the principal building shall not exceed 5% of the total site area.
(c)
Building height. Maximum height of the building shall not exceed 2 1/2 stories or 35 feet.
(d)
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.
(e)
Building setback. The principal building shall be set back 150 feet from any road or front property line.
(f)
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.
(g)
Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:
[1]
In the construction of all walls and partitions in all rooms or booths, material of not less than one-hour fire-resistant time shall be used.
[2]
All aisles in such establishments shall be not less than 50 inches in width.
[Amended 7-5-2017 by Ord. No. 2017-5]
[3]
The light level in such establishments shall not be less than 10 footcandles at floor level.
[4]
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.
(h)
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.
[Amended 7-5-2017 by Ord. No. 2017-5]
D.
Use regulations.
(1)
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.
(2)
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.
