Bloomsbury City Zoning Code

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.

Only one accessory building is allowed with and only if a principal building is on each lot. In addition a shed in accord with § 270-119 is allowed. This shall not restrict an additional temporary structure in accord with § 270-152 of Article XIX.

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.

Corner lots. Corner lots shall provide the minimum front yard requirements for the prospective zone for both intersection streets, both principal and accessory buildings.

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.

Fire escapes in yards. Open fireproof fire escapes or stairways may project not more than eight feet into any side or rear yard.

No storage in front yards. No front yard shall be used for open storage of boats, vehicles, or any other equipment except for permitted vehicular off-street parking or vehicular parking on driveways. All open storage shall be properly landscaped in accordance with provisions of § 270-118.

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.

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.

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.

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.

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.

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.

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.

Maximum height. Except as otherwise provided for in § 270-188, a wall or fence erected in any rear yard or court may not exceed 72 inches measured vertically above the mean ground level in any section not to exceed a ten-foot span. A wall or fence erected in the front or side 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.

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 provision of Article XVI.

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.

Prohibited fences. The following fences and fencing materials are prohibited:

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.

Obstructing vision at intersections. No fence or wall shall be erected or maintained contrary to the requirements of Article XIV, § 270-110, and Article XII.

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.

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.

Location within the yard. The buffer strip shall be located within the required 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.

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.

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.

Walls or fences in buffer strips. A freestanding wall or fence which shall not be more than six feet in height may be erected on either side of a buffer strip.

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.

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.

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.

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.

Sidewalks must join vertically and horizontally with existing sidewalks of adjoining lots.

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.

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.

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.

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.

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.

The allowable slope for drainage at right angles to the length of the sidewalk shall not exceed 1/8 inch per foot of width.

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.

The following procedure will apply in all zone districts within the Borough of Bloomsbury:

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.

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]

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.