A.
Scope. From and after the effective date of this chapter,
the following activities shall be subject to its regulations:
(1)
The use of all land and every building or portion
of a building, and uses accessory to such land or buildings.
(2)
The exterior area dimensions and bulk of every building
constructed, or exterior alterations increasing such dimensions or
bulk.
(3)
The conduct or performance of any use when such conduct
or performance affects the municipality or the rights of adjacent
property owners.
B.
Interpretation of zoning standards. In interpreting
and applying the provisions of this chapter, they shall be held to
be the minimum requirements for the promotion of the public health,
safety and welfare of the municipality.
C.
Relationship to the land use and housing elements.
This chapter is adopted to promote an orderly plan of development
according to an adopted Master Plan, including the Land Use Element
and the Housing Element, including data on existing conditions, statements
concerning the proposed plan and evaluations of implementation techniques.
Such material shall be considered as legislative history and shall
be utilized when necessary to establish policy in the interpretation
of this chapter.
A.
Class of districts. For the purpose of this chapter,
the Borough of Glassboro is hereby divided into the districts designated
on the Zoning Map. Each district shall be subject to the regulations
enumerated in this chapter.
B.
Zoning Map. The areas within the Borough of Glassboro
are designated upon a map which shall be known as the "Zoning Map"
and which shall be considered a part of this chapter.
C.
Interpretation of district boundary lines. The district
boundary lines shall be as shown on the Zoning Map. Such lines are
intended to coincide with property lines; center lines of streets,
railroads, utility rights-of-way or bodies of water; or the corporate
boundary of the municipality, unless specific dimensions are indicated
on the Zoning Map. In case of dispute, the procedure shall be as designated
in this chapter. Where a right-of-way is vacated, or a property line
moved, and said right-of-way or property line served as a zoning district
line, the former right-of-way or property line shall remain the zoning
district line until or unless the Zoning Map is amended.
D.
Amendments to Zoning Map. Any alteration of a boundary
line, except a relocation order by the Board of Adjustment in cases
of appeal or by court of law, shall be regulated by the provisions
of this chapter. All such changes shall be noted on the official copy
of the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Clerk's office or available through the Borough's online version
of the Code (eCode360®).
[Amended 9-13-1977 by Ord. No. 77-16]
A.
Removal of natural resources. (See also §§ 107-47, 107-64 and 107-65.) Removal of sand and gravel as a mining operation and the removal of topsoil from a site are prohibited except that, during construction activities, the following soil removal and redistribution may be allowed, but only as approved as part of the development application reviewed and approved by the approving authority. On all projects larger than five acres, the applicant shall provide a calculation estimating the volume of soil to be excavated and filled (cut/fill analysis). The calculation must include the various types of soil, e.g. suitable, unsuitable and topsoil. All projects shall be designed to balance grading needs across the site. The removal of excessive soil will require a soil removal permit for projects removing in excess of 1,000 cubic yards of soil. (All soil volumes will be measured as compacted soils material in place.)
(1)
As part of the construction or alteration of a street,
or utility improvement, or a building, or the grading incidental to
a building, excess subsoil may be removed from the site, but topsoil
shall remain on the site being developed and be distributed as appropriate
for soil stabilization and lawn growing purposes.
(2)
In connection with normal lawn preparation and maintenance,
all soil shall remain on-site, but may be redistributed.
(3)
In farming operations soil may be relocated on site
using sound soil conservation practices approved by the Soil Conservation
Service.
(4)
Where the development application provides cut and
fill calculations and a reasonable effort to balance the site in order
to retain the soil on site, the approving authority, upon the advice
of the Borough Engineer, may approve a limited portion of the soil
being removed from the site as set forth on the approved plans.
B.
Pubic utilities and municipal use. (See also §§ 107-58, 107-59 and 107-71.)
[Amended 8-14-1979 by Ord. No. 79-13]
(1)
The location of any structure or other installation
for municipal use or for the purpose of servicing any public utility,
except common or contract carriers, may be within any zoning district,
subject to the following regulations:
(2)
The said plan shall be reviewed and considered for
approval by the Planning Board in accordance with the applicable provisions
of this chapter.
D.
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,[1] but not the delivery of cannabis items and related supplies by a delivery service, are hereby prohibited from operating anywhere in the Borough of Glassboro except as permitted within the Cannabis Overlay District as set forth in § 107-108.1.
[Added 7-27-2021 by Ord. No. 21-13; amended 10-25-2022 by Ord. No.
22-20]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
A.
Setback exceptions.
[Amended 11-14-1995 by Ord. No. 95-20]
(1)
Projections into required yard areas. All open areas
and yards shall be maintained with no portion of such area utilized
for building or paved purposes other than permitted accessory uses
and required facilities as set forth in this chapter such as driveways
and off-street parking, and except that no minor projection from an
existing building, where the projection uses the building for support,
shall extend into any yard more than five feet but in any event not
closer than three feet to a property line. Such minor projections
are considered ornamental elements such as cornices, eaves, gutters
and roof overhangs, chimneys (including wooden-framed chimney chases),
bow windows, and porch steps, but exclude walls extending above cantilevered
construction.
(2)
Increased or decreased setbacks of principal residential
buildings. Where a principal building or structure is being constructed
in a residential neighborhood with established setbacks different
from those required in this chapter for the district in which the
property is located, the new building or structure may be located
closer to the street right-of-way by decreasing the minimum front
yard setback by no more than 10% or five feet, whichever is less,
but be no closer to the street right-of-way than 20 feet in any event.
In instances where the prevailing setback is greater than the minimum
requirement, the new building or structure may be required to be set
back farther than the minimum front yard setback by no more than 10%
or five feet, whichever is less. The prevailing setback shall be the
average setback of either three principal buildings on each side of
the lot in question or the number of principal buildings within 200
feet on each side of the lot in question, whichever measurement incorporates
the most number of principal buildings, except that in no event shall
the measurements be required to cross a street.
B.
Building height exceptions. All building and structures
shall be subject to the maximum height regulations, except chimneys,
spires, towers, elevator penthouses, solar panels, water tanks, antennas
and flagpoles, except that the height of any such projection shall
not be greater than 10 feet above, or 10% above, the maximum height
permitted for the use and the height shall not be greater than its
setback from any lot line. Water storage tanks/towers in any district
may be constructed to a height not to exceed 120 feet.
[Added 9-13-1977 by Ord. No. 77-16]
A.
Continuation. Any lawful use of buildings, structures
or lands existing at the effective date of this chapter or authorized
by a zoning permit or having a certificate of zoning compliance issued
prior thereto may be continued in its existing condition although
such use does not conform to the provisions of this chapter.
B.
Enlargement.
(1)
No nonconforming use shall be enlarged or increased
in a manner which will expand the actual, or the functional, capacity
of the use or operation or which will further violate any area and
bulk regulation imposed by the zoning district in which it is located.
[Amended 11-14-1995 by Ord. No. 95-20]
(2)
Exception. An existing single-family dwelling on a
lot with preexisting nonconforming lot area, lot width or lot depth
may be expanded, provided that the proposed building expansion does
not increase the preexisting nonconforming setbacks and provided that
the proposed building expansion conforms to the required building
setbacks, building and site coverage requirements and height requirements
of the district.
[Added 12-28-2004 by Ord. No. 04-38]
(3)
A conforming use located on a lot where a structure,
building or other improvement may have a setback violation may have
an addition to the building, structure or improvement, provided that
the parking and loading requirements are met and the addition does
not exacerbate the existing nonconformity and/or does not generate
a new nonconformity.
C.
Damage or destruction. A nonconforming use or building
which is partially or totally destroyed by fire or other catastrophe,
through no willful act of the owner, may be reconstructed or replaced
upon the same site, subject to the following requirements:
[Amended 6-27-1989 by Ord. No. 89-14]
(1)
Such reconstruction or replacement shall commence
within one year of the date of damage or destruction.
(2)
The reconstruction or replacement building shall be
no larger than the building which was damaged or destroyed.
(3)
In the case of replacement of a totally destroyed
building, the new building shall be designed and situated on the site
in such a manner as to comply with currently applicable minimum yard
and setback requirements if possible. If, in constructing a building
of the allowable replacement size as permitted in this section, such
compliance is not possible, the new building shall be designed and
located in a manner which minimizes any noncompliance to the fullest
extent possible.
D.
Discontinuance. If a nonconforming use of land ceases operations for a period of more than one year after which the owner of such property does not file with the Zoning Officer a certificate of intention (§ 107-134 of this chapter) to maintain such use, then this shall be deemed to be an intent to abandon such use, and any subsequent use of the land shall conform to the regulations of this chapter.
E.
Subdivision of lots. An existing lot whose area and/or
dimensions are sufficient to permit a subdivision, but where a structure
exists on the lot with one or more setback violations, the lot may
nevertheless be subdivided without an appeal for a variance, provided
that the subdivision itself does not create any new zoning violations
and does not increase the severity of the existing setback violation(s).
[Added 8-28-2018 by Ord.
No. 18-34]
A.
Transient merchants and mobile food vendors shall be located outside
of the public right-of-way, and an approval of a plan is required.
Failure to provide such information shall result in a denial of zoning
approval.
B.
The following items shall be submitted on the plan for review and
approval:
(1)
A survey or plot plan showing all information necessary to accurately
depict existing conditions, the proposed location of the transient
merchant area of operation, and how the proposed use will function
on the site. Information shall include, but not be limited to, the
following:
(a)
The location of all existing and proposed structures, including
buildings and utility poles;
(b)
Surrounding driveways, sidewalks, ADA facilities, and parking
areas, including number of parking spaces;
(c)
Details of pedestrian and vehicular circulation;
(d)
Proposed storage location for the mobile vending vehicle;
(e)
Surrounding uses and natural features;
(f)
Provisions for or access to sanitary facilities for merchants
and employees.
(2)
Plan for managing trash and litter generated during operations and
removal of same at the close of business daily.
(3)
Signage plan.
(4)
Lighting details, including existing and proposed.
(5)
Details of ancillary activities, including but not limited to seating
and tables, where space permits outside of the public right-of-way.
(6)
Any other information deemed necessary for approval.
(7)
Mobile food vendors shall include the following additional information:
(a)
Food preparation details.
(b)
Anticipated food menu.
(c)
Floor plan of vending unit illustrating equipment location.
(d)
Specification sheets for all proposed equipment.
(e)
Colored rendering of mobile vendor vehicle wrap.
(f)
Review and approval from the Gloucester County Department of
Public Health.
(g)
Review and approval and an inspection from the Glassboro Fire
Department.
C.
Transient merchants and mobile vendors are prohibited from operating
within the public right-of-way.
(1)
The Zoning Officer may consider special exceptions and grant relief
of the ordinance requirement for transient merchants and mobile vendors
that operate exclusively within public rights-of-way, move about from
location to location frequently, that do not park in particular locations,
and stop and conduct business for no more than five minutes. These
vehicles must be properly licensed and inspected and require licenses
and permits obtained from Glassboro.
(2)
The Zoning Officer may consider special exceptions and grant relief
of the ordinance requirement for the operation of transient vendors,
food trucks, and other mobile vending at a public or semi-public event
(i.e., festivals, etc.) that is held by a formal organization and
officially permitted and sanctioned by the Borough of Glassboro.
D.
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirement of the municipal licensing, shall not:
(1)
Station, place, set up or maintain wares adjacent to any sidewalk
if to do so would place a vendor closer than 200 feet to another vendor
who is selling adjacent to the sidewalk, or in the public right-of-way.
(2)
Station, place, set up or maintain their wares or equipment in such
a way as would restrict, obstruct, interfere with or impede the pedestrian's
right-of-way; restrict, obstruct, or interfere with the use of enjoyment
from the abutting property; create or become a nuisance; increase
traffic congestion, or cause or increase traffic delays or hazards;
cause or create or constitute a danger to life, health, or property;
sell food, drinks, ice cream or confections of any kind for immediate
consumption unless they have available for public use their own litter
receptacle, which must be attached to their cart or vehicle, which
shall be clearly marked and maintained for their patronage use; nor
shall any peddler leave any location without first picking up, removing
and disposing of any trash or refuse remaining from sales made by
him.
(3)
Station, place, set up or maintain their wares closer than 50 feet
from the curbline or end of pavement of intersecting streets.
(4)
Place their wares in such way as would reduce the unobstructed pedestrian
right-of-way on a sidewalk to less than six feet.
(5)
Engage in business within 25 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
(6)
Engage in business on any sidewalk or along any street within 50
feet of any fire hydrant, or within 25 feet of any crosswalk, bus
stop, or driveway.
(7)
Place their wares in front of the display windows or signs of fixed-location
businesses; nor shall they be within 20 feet from the entrance door
to a fixed-location business.
(8)
Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
E.
All transient merchants and mobile vendors shall, upon zoning approval, obtain a transient merchant license as outlined in Chapter 357 of the Borough Code Book.
F.
All transient merchants and mobile vendors shall comply with business operation standards as outlined in Chapter 357 of the Borough Code Book.
G.
In the C-3, C-4, C-5, C-6, I-1, I-2 and OP Zoning Districts, transient
merchants and mobile vendors are a permitted accessory use. The following
additional design standards shall be required:
(1)
The proposed lot must have an existing active principal use.
(2)
The requirements for a transient merchant and/or mobile vendor operation
area are as follows:
(a)
Space must be a minimum of 20 feet by 40 feet.
(b)
Minimum setback from the right-of-way shall be three feet.
(c)
Minimum setback from property lines shall be 15 feet, or 50
feet if the adjoining lot is residential.
(d)
An area cannot encroach upon the required minimum parking for
the principal use on the lot.
(e)
Shall not be within 50 feet of any fire hydrants or Fire Department
connections.
(f)
Shall not interfere with the safe flow of traffic or pedestrian
movement.
(g)
Shall not interfere with accessible routes or accessible parking
areas.
(h)
Shall not place any signage outside the approved area of operation.
I.
Lighting.
(1)
To the greatest extent feasible, transient and mobile food vendors
shall utilize existing surrounding light to avoid creating additional
lighting and glare conditions onto adjacent properties. Additional
lighting may be permitted where needed, which shall be adequately
shielded to eliminate light spillage onto adjacent streets, travel
ways, properties and uses.
