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.
[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.
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.
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.
[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.
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.
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.
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.
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]
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.
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.
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.
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.
[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.
