Swedesboro City Zoning Code
ARTICLE IX
General Regulations
§ 340-16 Nonconforming buildings and uses.
A.
Continuation. Any lawful use of a building or land existing or authorized by a building permit at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
B.
Extension. A nonconforming use of a building or land may be extended up to 50% of the area occupied by such use at the effective date of this chapter when authorized as a conditional use by the Planning Board. Any extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated.
[Amended 7-2-1984]
C.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed, repaired and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
E.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 340-17 Building height regulations.
[Amended 7-2-1984]
In residence districts, no building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond the minimum side yard requirements up to a maximum of 50 feet. In the C Commercial District, no building shall exceed 50 feet, and in the LM Light Manufacturing District, no building shall exceed 80 feet in height, provided that such height limits may be exceeded when authorized by the Planning Board as a conditional use.
§ 340-18 Building construction on nonconforming lots. [1]
A building may be erected on any lot held in single and separate ownership at the effective date of this chapter which is not of the required minimum area or width when approved by the Planning Board, provided that adequate sanitation provisions shall be made.
§ 340-19 Reduction of lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 340-20 Conversion of dwelling to multiple-family use.
[Amended 7-2-1984]
A.
The Planning Board may authorize as a special exception the conversion of any dwelling existing at the effective date of this chapter in the R-1 Residence District into a dwelling for two or more families, subject to the following requirements:
(1)
The lot area per family, yards and building area shall not be reduced to less than the R-1 Residence District requirements.
(2)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
(3)
Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a single-family dwelling or other conforming use.
§ 340-21 Applicability of provisions to public utilities.
This chapter shall not apply to existing property or to buildings or structures used or to be used by public utilities in furnishing service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall, after a hearing, of which the Swedesboro Borough Council shall have notice, decide that the present or proposed situation of the building or structure in question is reasonably necessary for the service, convenience or welfare of the public.
§ 340-22 Yard exception for private garages and accessory buildings.
A private garage or other accessory building which is not an integral structural part of a main building may be located in the required side and/or rear yard, but not less than five feet from any property line on lots which are more than 50 feet in width and not less than two feet from any property line on lots which are 50 feet or less in width, provided that such building is situated not less than 10 feet farther back from the street line than the rearmost portion of the main building. Nothing in this section shall be construed to prohibit the erection of a common or joint garage which is not an integral structural part of a main building on adjoining lots.
§ 340-23 Obstructions to vision prohibited.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view.
§ 340-24 Prohibited uses.
A.
No building may be erected, altered or used and no lot or premises may be used for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard, whether by fire, explosion or otherwise. In order to determine whether a use for which application is made is hazardous, noxious or offensive or is injurious to the public health or safety, the Planning Board shall be guided by applicable regulations and requirements of the State of New Jersey and may consult such official agencies or private experts as it deems necessary.[1]
B.
Attached or row buildings used, in whole or in part, as dwellings shall not be permitted in any district. Attached or row buildings are defined, for the purpose of this chapter, as more than two dwellings attached each to the other facing upon and built along a public street, as distinguished from such dwellings built around or facing upon a common court or parking area having a driveway entrance from a public street or highway. No lot may be used for a trailer camp, tourist cabin court, automobile court or an occupied mobile home.
C.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 7-2021]
§ 340-25 Off-street parking.
A.
Not less than one off-street parking space, with proper access from a street or alley, shall be provided on any lot on which a main building is hereafter erected, and the following types of uses shall provide additional off-street parking space as indicated, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated:
(1)
Multiple dwelling: one space for each housekeeping unit.
(2)
Hotel or tourist house: one space for each rental room or suite.
(3)
Restaurant, cafe or tearoom having a total floor area of more than 1,000 square feet: one space for each 50 square feet of floor space devoted to patron use.
(4)
Theater, auditorium or other place of public assemblage, except churches: one space for every 10 seats.
(5)
Commercial, office or recreational building or use, other than those specified above, having a total floor or ground area of more than 1,000 square feet: one space for each 200 square feet or portion thereof of ground or ground floor area, plus one space for each 300 square feet or portion thereof of upper floor area.
(6)
Industrial establishment: one space for each four employees on any one shift.
B.
In addition to the minimum of 200 square feet per parking space required, adequate driveways, aisles and maneuvering spaces shall be provided. Parking area shall be graded for convenient access and shall be paved with a hard or semihard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or a hazard.
C.
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
§ 340-26 Off-street loading and unloading.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 340-27 Temporary use permit. [1]
A temporary permit may be authorized by the Borough Council upon recommendation of the Planning Board for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specific period of time, not exceeding one year, and may be renewed annually for an aggregate period of not more than three years, including the original authorization.
§ 340-28 Front yard exceptions.
A.
The front yard of a proposed building in the R-2 Residence District, C Commercial District and LM Light Manufacturing District may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building and within the same block if such alignment of existing buildings is less than the front yard requirement for the district.
§ 340-29 Review of proposed exception or change.
[Amended 7-2-1984]
In any instance where the Planning Board is required to consider an exception or change in this chapter or Zoning Map in accordance with the provisions of this chapter, the Planning Board shall, among other things:
A.
Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter.
B.
Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
C.
Determine that the proposed change will serve the best interests of the Borough, the convenience of the community, where applicable, and the public welfare.
D.
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and public schools.
E.
Be guided in its study, review and recommendation by sound standards of subdivision practice, where applicable.
F.
Impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include but are not limited to harmonious design of buildings; planting and its maintenance as a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation.