No building shall hereafter be erected nor shall any existing building be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be designed or used for any purpose other than those included among the uses listed as permitted uses in the applicable zone by this chapter and meeting the requirements set forth by the schedule appended hereto and comprising a part of Article XX of this chapter, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking requirements and such other regulations designated in said schedule and in this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void. Accessory buildings and uses to permitted principal or main buildings and uses, in addition to those specifically listed herein, shall be permitted on the same lot as the principal or main building or use to which they are accessory, subject to the requirements of this chapter.
An accessory building attached to a principal building shall
comply in all respects with the yard requirements of this chapter
for the principal building. A detached accessory building shall be
located to the rear of the front building line of the principal building
and if located in a side yard shall comply with said yard requirements
of the zone district in which it is located.
A.
For the purpose of regulating the location of accessory buildings,
all portions of a corner lot or through lot which fronts on two parallel
streets shall be subject to the front yard requirements of the zone
district in which it is located.
All dwellings or main buildings shall be constructed or located
upon a lot abutting and having frontage upon a street.
A.
Yards facing public streets. All yards facing on a street shall be
considered front yards and shall conform to the minimum front yard
requirements for the zone in which they are located.
B.
Corner lots. Corner lots shall provide the minimum front yard requirements
for the prospective zone for both intersection streets, both principal
and accessory buildings.
C.
Yards facing on proposed right-of-way widening. Where a building
lot has frontage on a street which the Borough indicates is proposed
for right-of-way widening, the required front yard area shall be measured
from such proposed right-of-way line.
D.
Fire escapes in yards. Open fireproof fire escapes or stairways may
project not more than eight feet into any side or rear yard.
A.
Front yard depth. The depth of a front yard shall be measured between
the street line established by the intended ultimate right-of-way
of the street(s) on which the lot fronts and the nearest point of
the principal building of the lot. The depth of the front yard shall
be measured perpendicular to the street line.
B.
Side yard. A side yard shall be measured perpendicular to the street
line, and the dimension of the side yard shall be the distance between
the side lot line and the nearest point of the building or structure,
for which the side yard is being measured, to that side lot line.
C.
Rear yard. A rear yard shall be measured perpendicular to the street
line, and the dimension of the rear yard shall be the distance between
the rear lot line and the nearest point of the building or structure,
for which a rear yard is being measured, to the rear lot line. Where
a property has a minimum of 200 feet of frontage on a railroad or
railroad siding, the owner may elect the side of the property fronting
on the railroad as the rear yard if such is approved by the Board.
At an intersection there shall be no obstruction of vision between
the height of three feet and 10 feet above the center-line grade of
the street within the triangle defined by measurement along the nearest
street lines for the first 40 feet of each of the intersecting streets
for local streets. Said distance shall be increased to 70 feet if
either street is a collector street or increased to 100 feet if one
of the streets is an arterial street, all as defined by the Hunterdon
County Street and Circulation Plan. Such sight triangles shall be
graded as necessary and kept clear of any building, solid planting
over three feet or sign or other obstruction which would impair clear
vision of traffic at the intersection.
See also Art. XII, Improvements and Design Standards.
A.
Topsoil stripping. Stripping of topsoil for sale or for use on other
premises, except as may be incidental to construction, shall be prohibited
in all districts. Topsoil removed incidental to construction shall
be retained on lot and redistributed after construction over areas
not occupied by buildings, walks, parking spaces, driveways or other
improvements, except where this is impractical.
B.
Stream setback requirements. No use, other than agricultural use
of land, otherwise permitted by this chapter, shall be established
upon land or fill having an elevation lower than the highest elevation
of any known floodplain which affects the property, and no building
shall be constructed so as to have any floor level less than one foot
above the highest elevation of any adjacent known floodplain. Additionally,
in residential zones only, no private structures shall be constructed
closer than 100 feet to the bank of any stream as determined at normal
flow. In any case, notice shall be given to the Water Policy and Supply
Council of the State of New Jersey prior to any construction in any
known floodplain.
C.
Retention of natural features. Existing natural features such as
trees, brooks, drainage channels, and views shall be retained. Whenever
such features interfere with the proposed use of such property, the
retention of the maximum amount of such features consistent with the
use of the property shall be required.
D.
Erosion and sediment control. Any proposed development of five or
more acres shall submit an erosion and sediment control plan. This
plan shall be forwarded to the Hunterdon County Soil Conservation
District (Flemington) for its review and comments.
All buildings or uses shall be served by a public water supply
wherever practicable. In such cases where water is supplied by a driven
well and/or sanitary sewage is treated by septic tank, installation
shall conform to the requirements of the Borough, County and State
Boards of Health or other authority having jurisdiction thereof.
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any provisions of this chapter with respect to either
any existing building or use or any proposed building or use.
In cases of irregularly shaped lots, the frontage specified
in the schedule may be measured at the rear line of the required front
yard, provided that in no case shall the frontage measured at the
street line be less than 70% of the minimum width as specified in
the schedule.
Business buildings or uses shall not display goods for sale
purposes or coin-operated vending machines of any type in any location
which would infringe upon the required front yard areas specified
in this chapter.
No commercial vehicle over three tons' capacity and no tractor-trailer
trucks shall be parked overnight or on Sunday other than in an enclosed
garage in a residential zone, and not more than one such commercial
vehicle and no tractor-trailer may be kept within an enclosed garage
on each lot in said zones. No display vehicles for commercial purposes
shall be parked in any district.
A.
Maximum height. Except as otherwise provided for in § 270-118, a wall or fence erected in any yard or court may not exceed 48 inches measured vertically above the mean ground level in any section not to exceed a ten-foot span. Decorative tops for posts, not to exceed six inches, may project above the top of the fence.
[Amended 2-14-1995 by Ord. No. 702-95]
B.
Retaining walls. A retaining wall, when approved by the Zoning Officer or Construction Code Official, may be taller than 48 inches but such retaining wall shall not extend in height for more than one foot above the natural or approved finished grade at its top, unless proper surface drainage requires a greater height. Any wall or fence which is made nonconforming by reason of this subsection shall be subject to the provisions of Article XVI.
C.
Permit required. Except as otherwise provided in this chapter or
any other ordinance of the Borough of Bloomsbury, no fence or wall
shall be taller than 48 inches. When a variance is required and granted
the Zoning Officer or Construction Code Official may issue a zoning
permit.
[Amended 12-19-1991 by Ord. No. 317-91].
E.
Farm and other fences excepted. Farm fencing (and walls), temporary
snow fencing, and other types of temporary (not to stand more than
one year) fencing are excepted from the foregoing regulations.
G.
Pool fence. Any pool that is constructed shall have a fence surrounding
the pool to prevent unauthorized persons from entering this pool.
For an in-ground pool the fence shall have a minimum height of four
feet with a minimum distance of eight feet from the nearest edge of
the water. For an aboveground pool the fence may be the same as for
an in-ground pool, or a fence with a minimum height of 18 inches above
and on the edge of the pool may be used. Access to all pools must
be through a lockable entranceway which must be locked when the pool
is not attended by an adult.
[Amended 12-19-1991 by Ord. No. 317-91; 11-9-1993 by Ord. No.
506-93]
See Article III for definition of "buffer strip."
A.
Required buffer strips. When any business, commercial or industrial
building or uses, including but not limited to off-street parking
areas, public garages and automobile or gasoline service stations,
occupy a lot in any district as permitted by this chapter and such
lot abuts upon a residential district, that portion specified hereinbelow
of the yard or yards immediately adjacent to and along the entire
length of such lot adjoining the residential district shall be considered
a buffer strip, which buffer strip shall be regulated as follows,
provided that nothing in this section shall prevent the reconstruction,
repair or rebuilding without enlargement of any nonconforming building
existing at the effective date of this chapter.
B.
Location within the yard. The buffer strip shall be located within
the required yard area of the property used for nonresidential purposes,
and the structure and planting required by this section shall be provided
and properly maintained by the owner of the nonresidential property.
No part of any buffer strip shall be occupied by a sign or by any
structure or use except as is specifically permitted in this section.
C.
Type and height of buffer strips. Buffer strips shall be planted with lawn, ornamental shrubbery and other suitable planting approved by the Planning Board under Article IV to provide an effective screen along the entire length of the buffer strip between the nonresidential uses and the abutting residential district. Within the buffer area a solid continuous landscape screen at least four feet in height shall be planted and maintained. The landscape screen shall consist of massed evergreen and deciduous trees and shrubs at least four feet in height of such species and size that will produce, within two growing seasons, a screen at least six feet in height adjacent to parking areas. The required height of the landscape screen shall be measured in relation to the elevation of the edge of such parking areas. In case the location at which the screen is to be planted is less than the elevation of the edge of an adjacent parking area, the required height of the screen shall be increased in the amount equal to this difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that of the edge of the adjacent parking area, the required height of the screen may be reduced in an amount equal to said difference in elevation, provided that in no case shall a required height be reduced to less than two feet. Any portion of a buffer strip not planted with shrubbery or trees shall be graded and planted with grass seed or sod and be attractively maintained and kept free of all debris and rubbish.
D.
Width of buffer strips. The minimum width of buffer strips shall
be as follows: at least 10 feet wide in the Business B-1 District,
at least 15 feet wide in the Business B-2 District, and at least 20
feet wide in the Research, Office and Manufacturing ROM District.[1]
E.
Walls or fences in buffer strips. A freestanding wall or fence which
shall not be more than five feet in height may be erected on either
side of a buffer strip.
F.
Buffer strips for garages, service stations and off-street parking areas. In the case of public garages, automobile and gasoline service stations, and off-street parking areas, whether on separate lots or within the yard of the building to which such parking areas are appurtenant, a solid wall or substantial, tight, neat fence, five feet in height above the grade of the land in the abutting residential district, shall be constructed along the entire length of the buffer strip. In the case of public garages and automobile and gasoline service stations, such wall or fence shall be on the nonresidential side of the buffer strip. In the case of off-street parking areas, however, such wall or fence may be located within the buffer strip but shall be distant at least five feet from the abutting residential district. In addition, for the uses specified in this subsection, the planting specified in Subsection C shall be located in the buffer strip on the residential side of such wall or fence.
G.
Waivers for buffer strips reserved for public recreation. When the
buffer strip is sufficiently wide and is reserved by agreement approved
by the Planning Board and the Borough Attorney subjecting its control
to the Borough for public recreation purposes, the Planning Board
may waive the required screen planting in the portion of the buffer
strip so reserved.
H.
Waivers due to hardship. When there are exceptional hardships in
the way of carrying out the strict letter of the provisions of this
section, the Planning Board may, after public notice and hearing,
waive or vary the foregoing requirements, subject to such conditions
as it may prescribe in the public interest.
[Amended 12-19-1991 by Ord. No. 317-91]
A shed shall be a nonpermanent type of structure without a foundation.
It shall not be greater than 100 square feet nor shall any horizontal
dimension be greater than 12 feet. The peak height shall not be greater
than 12 feet. Setback lines shall be five feet from any property line
as a minimum, provided that any shed shall be to the rear of the principal
structure on the premises. If an application is made to construct
a larger structure it will be declared as that of an accessory building
and all setback conditions of an accessory building must be adhered
to. Only one shed per lot will be permitted.
[Added 11-9-1993 by Ord. No. 506-93]
All sidewalks within the Borough of Bloomsbury shall be erected,
constructed, or maintained in accordance with the provisions of this
section. No existing sidewalk shall be enlarged, rebuilt, structurally
altered, relocated, or repaired in excess of 25% of its surface except
in accordance with the provisions of this chapter and until a permit
has been issued by the Zoning Officer. The issuance of a permit does
not relieve the owner or lessee of the premises from maintaining the
sidewalk in condition permitting safe and unobstructed usage. Only
those sidewalks along Borough streets, alleys, or other rights-of-way
are subject to this section; sidewalks or pathways leading to structures
or otherwise in the interior of the lot are excluded.
A.
Sidewalks shall parallel horizontally and vertically the street they
adjoin. Gradually sloped (less than one inch per linear foot) vertical
deviations to accommodate existing terrain may be permitted at the
discretion of the Borough Engineer.
B.
Sidewalks must join vertically and horizontally with existing sidewalks
of adjoining lots.
C.
A strip of grass at least two feet wide must be provided between
the sidewalk and the curb if the curb exists or where the curb should
be as determined by the Borough Engineer. If terrain conditions make
it impractical to meet this requirement, the Borough Engineer, with
the consent of the Planning Board, may waive this requirement.
D.
Sidewalks shall have a minimum width of four feet, except that if
necessary to accommodate a tree trunk it may be reduced to three feet
at the tree.
E.
Where a sidewalk meets a curb, the vertical rise of the curb must
not exceed 1 1/2 inches and the sidewalk shall slope (not to
exceed one inch per linear foot) to join the curb vertically.
F.
If any sidewalk develops a vertical rise of two inches or more, the
sidewalk must be repaired to eliminate the rise or slope of the sidewalk
(not to exceed one inch per linear foot) on both sides of the rise.
G.
The surface of a sidewalk shall meet or exceed normal requirements
of flatness for the material used and shall be of a nonslip material.
Acceptable surface material shall be slate, brick or concrete. In
no case shall sidewalk material be of a macadam or macadam-type surface
material.
[Amended 12-11-2001 by Ord. No. 106-01]
H.
The allowable slope for drainage at right angles to the length of
the sidewalk shall not exceed 1/8 inch per foot of width.
I.
Any new or rebuilt structures or additions increasing floor area
by 25% or more of existing structures shall provide sidewalks in accord
with this section and/or other parts of this chapter.
J.
The following procedure will apply in all zone districts within the
Borough of Bloomsbury:
[Added 11-27-2007 by Ord. No. 104-07]
(1)
The owner of any property who intends to repair, replace or
construct a sidewalk abutting a municipal street or other public thoroughfare
shall, as a condition of such repair, replacement or construction,
make application for and receive a permit therefor prior to undertaking
the same. The application shall be accompanied by the payment of a
fee as established herein.
(2)
All work shall be in accordance with Borough ordinances and requirements and shall be performed under the supervision of the Borough Zoning Officer. Permit applications shall be accompanied by an inspection fee as provided in § 270-168 payable by check to the order of the Borough of Bloomsbury delivered directly to the office of the Borough Zoning Officer together with three completed application forms. The application and inspection fees shall be nonrefundable. The application form may be obtained from the Borough Zoning Officer during regular business hours.[1]
(3)
The provisions of this section shall not relieve the applicant
of the necessity of obtaining a zoning permit from the Borough Zoning
Officer as required prior to the undertaking of any repair, replacement
or construction related to the project. The applicant shall further
be bound by all other construction requirements as established by
Borough ordinances.
[Added 10-10-1995 by Ord. No. 706-95]
A.
In all zones outdoor storage is prohibited except in accordance with
the terms of this section. This shall not be deemed to include the
display and sale of seasonal farm produce or specifically permitted
outdoor uses, the outdoor parking of farm machinery or vehicles in
use on a farm or normal outdoor storage of firewood in residential
zones.
B.
In the Business District, Highway Business District and Research,
Office and Manufacturing District, no article or material shall be
kept stored or displayed outside the confines of a building unless
the same is screened by special planting or a fence, as approved by
the Planning Board. Said storage area shall meet the location requirements
for accessory buildings. These provisions shall not preclude the outdoor
storage and display in any yard of plant material by commercial greenhouses
and plant nurseries nor motor vehicles being offered for sale by motor
vehicle sales establishments, provided that such storage or display
is at least 50 feet from a street and 25 feet from a property line.[1]
C.
In any zone, there shall be no outdoor storage of grit, gravel, sand,
salt, chemicals, fertilizer or other material intended for any purpose,
including landscaping, road and parking area maintenance.
