Bloomsbury City Zoning Code
ARTICLE XXI
Zone District Regulations
§ 270-158 A-R Agriculture - Residential District.
A.
Permitted principal uses.
(1)
Single-family dwellings.
(2)
Churches or other similar places of worship and cemeteries.
(3)
Such municipal or public buildings, parks, playgrounds or other municipal facilities as deemed appropriate by the governing body, not customarily conducted as gainful business.
(4)
Public and private schools, including nursery schools as defined in this chapter.
(5)
Any form of agriculture consisting of customary and conventional farming operations; all forms of agriculture support business, including the operation of a fertilizer blend plant, but excepting those uses for which a conditional use permit is required by Subsection C(4); and any form of horticulture except the commercial keeping, breeding, raising or handling of livestock, fowl and fur-bearing animals.
(6)
Agricultural support related business not open to the general public for retail purposes.
(7)
Farming and the usual customary accessory uses thereto are permitted as of right. It is not the intention of this chapter to establish policy that the existence of a farming operation within this zone is a preferential land use. No action shall be commenced in any court of competent jurisdiction predicated upon this chapter which seeks to restrict or limit farming activities except as from time to time may be incorporated into this chapter.
B.
Permitted accessory uses.
(1)
Private garages.
(3)
Private swimming pools for residential use as defined in this chapter.
(4)
Shelter for domestic pets not in excess of 50 square feet of gross floor area of buildings, exclusive of runs.
(5)
Customary farm buildings for the storage of products or equipment on the same lot as the principal use.
C.
D.
Other provisions and requirements.
(1)
A farm shall have a minimum lot area of five acres, exclusive of the lot area required for a single-family dwelling if both uses are included.
(2)
A farm shall not use the portion of the lot within 100 feet of a residential lot line for the storage of fertilizer, produce or equipment. No barns, silos, equipment storage sheds, greenhouses or similar type structures shall be located within 100 feet of a residential lot line.
(3)
A minimum of three acres is required for the keeping of horses.
(4)
A maximum of two horses may be kept on a three-acre lot and an additional horse may be kept for each acre over three acres.
§ 270-159 R-2 Medium - Low Density Residential District.
A.
Permitted principal uses.
(1)
Single-family dwellings.
(2)
Churches or similar places of worship and cemeteries.
(3)
Such municipal or public buildings, parks and other municipal facilities or properties, of a character not customarily conducted as a gainful business, as deemed appropriate by the governing body.
(4)
Public and private schools except nursery schools as defined by this chapter.
§ 270-160 R-3 Medium Density Residential District.
§ 270-161 B-1 Business District.
A.
Permitted principal uses.
(1)
Commercial, general business and other retail stores such as, but not limited to:
(a)
Grocery stores, dairy stores and retail bakeries.
(b)
Book, stationery and novelty stores.
(c)
Department, apparel and accessories stores.
(d)
Flower shops.
(e)
Furniture, home furniture, home furnishings and equipment stores.
(f)
Paint and hardware stores.
(g)
Jewelry stores.
(h)
Home appliance sales and repair stores.
(i)
Sporting goods, bicycles and hobby stores.
(j)
Eating places, not including drive-in restaurants.
(k)
Optical goods store.
(l)
Drugstores.
(m)
Antique stores and gift, novelty and souvenir stores.
(n)
Camera, photographic supply and art supply stores.
(o)
Luggage and leather goods stores.
(2)
Personal service establishments such as, but not limited to:
(a)
Banks and fiduciary institutions.
(b)
Credit agencies.
(c)
Security and commodity brokers.
(d)
Real estate, insurance and title offices.
(e)
Holding and investment company offices.
(f)
Laundry and dry-cleaning self-service and pickup stores.
(g)
Photographic studios.
(h)
Barbershops and beauty shops.
(i)
Shoe repair shops.
(j)
Garment pressing, alteration and repair shops.
(k)
Miscellaneous repair services, other than automotive.
(l)
Indoor theaters; clubs or assembly halls.
(m)
Dance studios and schools.
(n)
Medical and health services, excluding veterinarian services.
(o)
Legal services.
(p)
Engineering and architectural offices.
(q)
Accounting and bookkeeping services.
(r)
Funeral home or mortuary.
(3)
Such municipal or public buildings, parks and other municipal facilities or properties, of a character not customarily conducted as a gainful business, as deemed appropriate by the governing body.
B.
Prohibited uses. The following uses shall be prohibited in the B-1 Business District:
(1)
Any process of manufacture, assembly or treatment, except of goods or merchandise sold at retail on the lot, and any process which constitutes an unusual fire risk or explosion hazard or which constitutes a nuisance of odor, dust, noise, vibration, smoke or glaring lights.
(2)
Bottling or beverage processing plants.
(3)
Lumber and building material storage yards, coal yards and places for handling of other fuels.
(4)
Automobile wrecking, junkyards or dumps.
(5)
New car, used car or equipment sales lots.
(6)
Outdoor sales or displays.
(7)
Storage warehouses devoted exclusively for such use.
(8)
Bulk storage of fireworks, explosives, and inflammable or other gases.
(9)
Any process prohibited in the ROM District.
[Amended 10-10-1995 by Ord. No. 706-95]
C.
Permitted accessory uses. Any use permitted in § 270-159B(1).
H.
Courts. As permitted in § 270-160B(7).
§ 270-162 B-2 Highway Business District.
A.
Permitted principal uses.
(1)
All uses permitted in § 270-159A(2).
(2)
Commercial and general business oriented toward highway use:
[Amended 5-14-1996 by Ord. No. 803-96]
(a)
Automobile showroom.
(b)
Campus-type office (nonmanufacturing) complex.
(c)
Retail stores.
(d)
Family restaurant.
(e)
Wholesale stores. Distribution and storage of materials is permitted as accessory to the principal store use. Any storage of materials must be completely enclosed within the building. No processing or treatment of goods or products is permitted.
[Amended 11-28-2023 by Ord. No. 106-23]
(3)
Personal services, professional offices and other uses including or similar to:
(a)
Churches or other places of worship.
(b)
Medical clinics or laboratories serving medical and dental requirements.
(c)
Offices or office buildings for physicians, dentists, lawyers, engineers, architects, real estate brokers, stockbrokers and related uses.
(d)
Scientific research laboratory or other experimental, testing or research establishment, including applied research, such as product development, provided that:
(e)
Theater, but not including a drive-in theater.
(f)
Printing, lithography, publishing and photostating establishments.
(g)
Lodges, clubhouses or fraternal organizations.
(4)
Such municipal or public buildings, parks and other municipal facilities or properties, of a character not customarily conducted as a gainful business, as deemed appropriate by the governing body.
C.
Uses permitted as a conditional use.
[Amended 12-19-1991 by Ord. No. 317-91; 9-8-1998 by Ord. No. 105-98]
(1)
Drive-in restaurants.
(2)
Automobile gasoline filling stations (without repairs). Any application for a conditional use permit for an automobile gasoline filling station (without repairs) shall meet the following conditions, in addition to the conditions as set forth in §§ 270-147 and 270-148A et seq.:[1]
(a)
Automobile gasoline filling stations shall be permitted only upon those properties where the same are located or approved as of June 30, 1998. No further automobile gasoline filling stations shall be permitted in the B-2 Highway Business District. The intent of this provision is to eliminate such use in the district as a use permitted under any circumstances, but to permit those properties upon which such uses are currently located to continue as a conditionally permitted use.
(b)
All storage tanks shall be installed below ground level in accordance with all environmental protection regulations and contamination containment standards.
(c)
There shall be no outdoor storage or display of supplies, materials or parts, whether for sale, storage or waste.
(d)
Dispenser pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation.
(e)
The proposed use upon the property shall meet all other bulk requirements of the zone other than as may be varied or stated in this section.
(3)
Automobile and/or trailer sales areas.
(4)
Motels.
G.
Other provisions. All nonresidential uses in this district shall comply with the performance standards in Article XIX of this chapter.
H.
Prohibited uses. All uses that are not permitted are prohibited.
[Added 5-14-1996 by Ord. No. 803-96]
§ 270-163 ROM Research, Office and Manufacturing District.
[Amended 12-19-1991 by Ord. No. 317-91]
A.
Permitted principal uses.
(1)
Commercial and wholesale establishments, such as, but not limited to:
[Amended 10-10-1995 by Ord. No. 706-95; 5-13-2004 by Ord. No. 107-04; 11-28-2023 by Ord. No. 106-23]
(a)
Equipment sales, but not including automobile sales.
(2)
Light mechanical operations or industrial processes, such as, but not limited to:
(a)
Publishing, printing, bookbinding and related industries.
(b)
Electronic components and accessories and computer centers.
(c)
Engineering, laboratory, scientific, and research instruments and related equipment.
(d)
Optical instruments and lenses.
(e)
Surgical, dental and medical instruments and apparatus.
(f)
Jewelry, silverware and precious metals.
(4)
Any form of horticulture consisting of customary and conventional farming operations and any form of horticulture, except the commercial keeping, breeding, raising or handling of livestock, fowl and fur-bearing animals. Commercial greenhouses and structures or establishments for the raising or sale of farm or horticultural products are permitted.
(5)
Such municipal or public buildings, parks and other municipal facilities or properties, of a character not customarily conducted as a gainful business, as deemed appropriate by the governing body.
F.
Other provisions. All uses in this district shall comply with the performance standards in Article XIX of this chapter.
G.
ROM – 99 North Street Redevelopment Overlay Development Option.
[Added 6-28-2022 by Ord. No. 103-22]
(3)
Uses permitted as a conditional use.
(a)
Parking area. Parking area as a principal use is permitted for Block 21, Lot 6, subject to the facilitation of parking for the principal use located on Block 8, Lot 3, 99 North Street.
(8)
Other provisions and requirements.
(a)
A traffic report shall be provided and shall include, but not be limited to, traffic volumes expected from the development, number of daily, weekly or monthly deliveries, type of vehicles for deliveries, site circulation, any problem spots in the overall road network, including unsafe intersections, turns, or grades, and the development of a truck route to mitigate any potential negative impacts to the adjoining uses and the community.
H.
Existing wholesale businesses, including the storage of building materials and storage warehouses which received a certificate of occupancy prior to the date of adoption of this chapter, may continue and enlarge in accordance with requirements for the ROM Zone District. Any building which shall accidentally be destroyed may be replaced with the use previously approved and in the same location as occupied on the lot immediately prior to said destruction and shall not constitute a nonconforming structure or use.
[Added 11-28-2023 by Ord. No. 106-23]
I.
Prohibited uses. All uses that are not permitted are prohibited.
[Added 11-28-2023 by Ord. No. 106-23]
§ 270-164 A-C Agriculture - Conservation District.
A.
Permitted principal uses.
(1)
Single-family dwellings.
(2)
Churches and similar places of worship and cemeteries.
(3)
Public parks, playgrounds and recreational areas owned or operated by the Borough.
(4)
Public and private schools.
(5)
Any form of agriculture consisting of customary and conventional farming operations, all forms of agriculture supporting businesses, including the operation of a fertilizer blend plant, and any form of horticulture, except the keeping, breeding, raising or handling of livestock, fowl and fur-bearing animals.
(6)
Farming and the usual and customary accessory uses thereto are permitted as of right. It is the intention of this chapter to establish policy that the existence of a farming operation within this zone is a preferential land use. No action shall be commenced in any court of competent jurisdiction predicated upon this chapter which seeks to restrict or limit farming activities except as from time to time may be incorporated into this chapter.
(7)
Such municipal or public buildings, parks or other municipal facilities or properties, of a character not customarily conducted as a gainful business, as deemed appropriate by the governing body.
B.
Permitted accessory uses.
(1)
Private garages.
(2)
Shelters for domestic pets not in excess of 50 square feet of gross floor area of the buildings, exclusive of runs.
(3)
Customary farm buildings for the storage of products or equipment on the same lot as the principal use.
(4)
Private swimming pools for residential use as defined in this chapter.
C.
D.
Other provisions and requirements.
(1)
Farms shall have a minimum lot area of five acres, exclusive of the lot area required for a single-family dwelling, if both uses are included.
(2)
Farms shall not use the portion of a lot within 100 feet of a residential lot line for the storage of fertilizer, produce or equipment. No barns, silos, equipment sheds, greenhouses or similar type structures shall be located within 100 feet of a residential lot line.
(3)
A minimum of three acres is required for the keeping of horses.
(4)
A maximum of two horses may be kept on a three-acre lot, and an additional horse may be kept for each additional acre over three acres.
§ 270-165 PUD Planned Urban Development.
[Amended 12-19-1991 by Ord. No. 317-91; 10-13-1992 by Ord. No. 409-92]
A.
Purpose.
(1)
The purpose of the PUD District is to encourage the development of certain large vacant tracts in a manner which incorporates the best features of design and relates the type, design and layout of residential, nonresidential and recreational development to the particular site and, at the same time, to provide the realistic opportunity for lower-income housing to be constructed in accordance with the guidelines set forth in the Mount Laurel II decision. Special standards and procedures applicable to these two districts only are set forth herein to expedite the production of the lower-income housing.
(2)
Recognizing that the provision of lower-income housing requires the removal of standards which may be desirable to achieve but which may also be cost generating to a developer of lower-income housing and thereby inhibit its production, the multifamily residential development areas of the PUD may be designed in accordance with the guidelines set forth at Subsection H, which guidelines are deemed to be the minimum necessary for public health, safety and welfare. Any provision of this chapter or any other ordinance in conflict with this section and which imposes restrictions or limitations not required for health and safety shall be inapplicable to the PUD District.
B.
Application procedures.
(1)
The applicant shall submit all plans and documents to the Planning Board for review and approval as required by this chapter. The applicant shall distribute the plans to those agencies required by law to review and/or approve development plans and to all other Borough agencies which normally review development plans.
(2)
The technical advisors to the Board shall review the complete application for technical compliance and shall convey comments directly to the applicant's advisors in advance of the public hearing, so that at the time of the public hearing the applicant will have had sufficient opportunity to resolve any technical problems associated with the submission. Daytime meetings shall be held at the request of the applicant between the Borough's advisors and/or technical coordinating committee and the applicant's advisors for this purpose.
(3)
The Planning Board shall hold a public hearing in accordance with N.J.S.A. 40:55D-46.1 on the application. The Planning Board shall take action on the application within 60 days from the date of submission of a complete application for preliminary or for simultaneous preliminary and final approval. If a subsequent final approval is sought, action on the final plan shall be taken by the Board within 30 days of the date a complete application is submitted.
(4)
The applicant is encouraged to submit a concept plan for informal review by the Board pursuant to N.J.S.A. 40:55D-10.1 prior to the preparation of a preliminary development plan.
(5)
The development plans submitted shall contain the information as required in this chapter.
C.
Permitted uses. Permitted uses shall be as follows:
(1)
Principal uses.
(a)
Single-family dwellings in the single-family residential development area of the PUD.
(b)
Multifamily dwellings and townhouses in the multifamily residential development areas of the PUD.
(c)
Two-family dwellings, including both side-by-side style and duplex style (one over another) dwellings, in the multifamily residential development areas of the PUD.
(d)
Public or private parks and playgrounds.
(e)
Public or private recreation buildings and facilities.
(f)
Public utilities.
(g)
Office building(s), scientific or research laboratories, and data processing facilities in the office development area of the PUD.
(h)
Churches.
(2)
Accessory uses and structures.
D.
Tract area; development areas; density and bulk requirements.
(1)
Tract area. A PUD shall contain a minimum of 15 acres.
(2)
Development areas. The PUD shall be divided into a single-family residential development area, multifamily residential development areas and an office development area.
(3)
Density. Within the PUD, the gross density shall not exceed 7.2 dwelling units per acre. The net density shall be up to three dwelling units per acre for the single-family residential area and up to 10 dwelling units per acre for the multifamily residential area, with such net densities computed as averages for the entire single-family residential development area or multifamily residential development area.
(4)
Bulk requirements for multifamily residential development areas.
(a)
Minimum distances.
[1]
There shall be the following minimum distances between buildings in the multifamily residential development areas of the PUD:
Type of Structure | Minimum Distance (feet) | ||
|---|---|---|---|
Windowless wall to windowless wall | 20 | ||
Window wall to windowless wall | 20 | ||
Window wall to window wall | |||
Front to front | 50 | ||
Rear to rear | 50 | ||
End to end | 30 | ||
Any building face to local street curb face or edge of pavement | 30 | ||
Any building face to collector street curb face or edge of pavement | 40 | ||
Any building face to arterial street curb face or edge of pavement | 50 | ||
Any building face except garage face to common parking area | 12 | ||
Garage face to common parking area | 5 | ||
[2]
The Planning Board may reduce the above distance by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.
(b)
Coverage. The maximum coverage by buildings in the multifamily residential development areas shall not exceed 30%. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 60%.
(c)
Buffer areas. No building, driveway or parking area shall be located within 30 feet of any tract boundary line.
(d)
Building height. No building shall exceed three stories in height, nor shall any building exceed 39 feet in height.
(e)
Minimum floor area for individual multifamily units:
Number of Bedrooms | Area (square feet) | |
|---|---|---|
1 | 550 | |
2 | 660 | |
3 | 850 |
(5)
Bulk requirements for single-family residential development area.
(a)
Lot area. No individual lot shall contain less than 7,500 square feet nor have a lot width of less than 75 feet.
(b)
Building setbacks.
[1]
Building setbacks shall be as follows:
Yards | Setback (feet) | ||
|---|---|---|---|
Front yard | 30 | ||
Rear yard | 40 | ||
Side yards | |||
Minimum on 1 side | 10 | ||
Combined | 25 | ||
[2]
Where individual lots are not being subdivided, yards shall be created for each building such that a subdivision could occur and all lots and buildings would conform to the area and setback requirements set forth herein.
E.
Parking requirements.
(1)
Residential uses.
(a)
There shall be 2.0 parking spaces for each dwelling unit in the residential area.
(b)
Parking spaces in common parking areas in the multifamily residential development area shall be located within 300 feet of the dwelling unit served.
(c)
All required parking for multifamily dwelling units shall be provided off street, except that nothing herein shall be construed to prohibit required parking spaces from being placed perpendicular to a one- or two-way local street or at an angle on a one-way local street, provided that both the pavement width of the street and the length of each parking space meet the requirements set forth in this chapter.
(d)
No arterial or collector street shall provide direct access to an individual required parking space.
F.
Lower-income housing requirements.
(1)
Lower-income dwelling units required to be constructed.
(a)
Number. All developments in the PUD Zone shall be required to provide housing affordable to lower-income households at the rate of 20% of the number of dwelling units constructed in the PUD. If the required percentage of the lower-income housing units required to be constructed in a PUD yields a fraction of 0.5 or more, the number shall be rounded up to the next whole number; if the required percentage yields a fraction of less than 0.5, the number may be rounded down to the next whole number, but at no time shall it be less than one.
(b)
Type and location. All lower-income units may be multifamily units and may be located in the multifamily residential development area.
(c)
Size. A minimum of 15% of the lower-income units shall be three-bedroom units, and a minimum of 35% of the lower-income units shall be two-bedroom units; at least 1/2 of all two-bedroom and 1/2 of all three-bedroom lower-income units shall be for very-low-income as opposed to low-income occupancy, as defined in this chapter. If a required percentage yields a fraction of 0.5 or more, the number shall be rounded up to the next whole number; if a required percentage yields a fraction of less than 0.5, the number may be rounded down to the next whole number, but at no time shall it be less than one. Odd units may be considered low-income as opposed to very-low-income units.
(2)
Eligibility standards for housing units. One-half of all lower-income units shall be priced so as to be eligible for rent or purchase by very-low-income households earning between a floor of 40% and a ceiling of 50% of the median household income for the region, and 1/2 of all lower-income units shall be priced so as to be eligible for rent or purchase by low-income households earning between a floor of 50% and a ceiling of 80% of the median household income for the region. Such housing units shall be priced to be affordable to households representing a reasonable cross section of households within the above-stated income ranges.
(3)
Definition of housing costs. Lower-income housing costs shall not exceed 28% of the monthly family income for sale housing and not more than 30% of the monthly family income for rental housing, considering the following:
(4)
Relief. In the event that a lower-income unit cannot be sold or rented, as applicable, within 120 days of being substantially completed and offered for sale or rent, the inclusionary developer may apply to the Affordable Housing Board appointed by the Mayor and Council for relief. Such application must provide evidence of the developer's having undertaken an affirmative marketing effort to sell or rent the unit. Relief to the developer shall not include exempting the unit from the required low- or very-low-income sales price or rent level, nor shall relief include exempting the unit from restrictions on escalation allowable upon rerental. The Board may allow the developer to sell or rent the subject unit to a household whose income exceeds that otherwise required; provided, however, that in no event shall a very-low-income unit be sold or rented to a household earning in excess of 50% of the median income for the region, and in no event shall a low-income unit be sold or rented to a household earning in excess of 80% of the median income for the region.
(5)
Down payment assistance. At least 25% of all lower-income housing units shall be made available for sale under a program of down payment assistance administered by the Borough in accordance with applicable regulations, provided that such a program is funded by the State of New Jersey.
(6)
Subsidies. Government subsidies may be used at the discretion of the applicant and are encouraged. The Borough of Bloomsbury shall cooperate in obtaining such subsidies by making application for assistance either in concert with or on behalf of a private developer, if requested to do so, and will provide a resolution of need and authorization of tax abatement, where required, to facilitate obtaining such subsidies. Additionally, the Borough of Bloomsbury shall make application for available state funding to establish a down payment assistance program of housing rehabilitation and conversion. The lack of said subsidies shall in no way alter or diminish the lower-income-housing requirements of this chapter.
(7)
Covenants and controls on sales and rentals.
(a)
All lower-income dwelling units shall be covered by a covenant, with the Borough of Bloomsbury as a party beneficiary, to insure that in all initial sales and rentals, and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the lower-income households for which they were intended. All such covenants shall be approved by the Borough Attorney.
(b)
The application for the issuance of a certificate of occupancy for any new designated low-income housing unit shall include certification by the Housing Officer to the Affordable Housing Board documenting the eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower-income household.
(c)
Prior to any resale or transfer of ownership or change of occupancy of a designated lower-income housing unit, application shall be made for a new certificate of occupancy. The application for a certificate of occupancy shall include certification by the Housing Officer to the Affordable Housing Board documenting the continued eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower-income household.
(d)
Lower-income rental units may be leased for periods of up to, but not exceeding, one year. At least 60 days prior to the expiration of each lease which is subject to renewal, the owner of any lower-income rental unit shall provide documentation to the Housing Officer that the rental unit continues to be occupied by and remains affordable to a lower-income household. At such time as an owner of a rental unit is informed by the Affordable Housing Board that the occupying household no longer qualifies as lower income, the rental unit shall, within 90 days, be made available for occupancy by a qualified household.
(e)
All requests for certification shall be made by the seller or owner in writing, and the Housing Officer shall grant or deny such certification within 30 days of the receipt of the request.
(f)
The Borough shall develop reasonable administrative procedures for qualifying the occupants of lower-income housing. Procedures shall be directed and administrated by an Affordable Housing Board, appointed by the Mayor with the advice and consent of Council, and a Housing Officer, appointed by the Mayor and Council. The Housing Officer may be a full- or part-time municipal employee or consultant, an outside agency or a housing authority. Lower-income employees of the Borough of Bloomsbury and lower-income residents of the Borough of Bloomsbury living in substandard or overcrowding housing shall have first priority over all lower-income housing for a period not to exceed 15 business days from the time such units are listed for sale or resale or made available for rent.
(g)
At the time a certificate of occupancy is reissued, sales prices and rents may be increased over the original levels permissible by the Affordable Housing Board in accordance with the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor, including, in the case of sales units, the addition of reimbursements for documented monetary outlays for reasonable improvements, similarly increased over the original costs incurred in selling the unit, less withholdings for the current costs of essential maintenance not undertaken by the previous owner. After 30 years from the date of its initial occupancy, a lower-income housing unit may be sold or rented without restrictions.
(h)
Rental units may be converted for sale as condominium or fee simple units, but any sale of converted units shall continue to be restricted as to purchase price and occupancy to persons to meeting the income eligibility standards as set for the particular unit until the thirty-year restriction period has passed.
(i)
Phasing of construction of lower-income housing.
[1]
Lower-income housing shall be phased in accordance with the following schedule:
Maximum Percentage of Total Market Dwelling Units | Minimum Percentage of Lower-Income Dwelling Units | |
|---|---|---|
25% | 0% | |
50% | 35% | |
75% | 75% | |
100% | 100% |
[2]
The developer may construct the first 25% of the market units without constructing any lower-income housing units. No certificates of occupancy shall be issued for any of the next 25% of the market units until 35% of the lower-income units (of which half must be very-low-income) shall have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the next 25% of the market units until at least 75% of the lower-income units (of which half must be very-low-income) have been issued certificates of occupancy. The remaining required lower-income housing units shall be completed and certificates of occupancy issued before certificates of occupancy shall be issued for any of the remaining market units.
(j)
Placement. The lower-income dwelling units shall be designated on the preliminary site plan, shall have compatible exteriors to the market units and shall be located so that they have comparable access to that of the market units to all common elements within the development.
(k)
Waiver of fees for lower-income housing units. Notwithstanding any other requirements of the Borough of Bloomsbury, the following fees shall be waived for every unit designated as lower-income housing and only for those units designated as lower-income housing: subdivision and site plan application fees applicable to lower-income housing units.
G.
Common open space and common elements.
(1)
A minimum of 20% of the land in the multifamily residential area in a PUD shall be designated as conservation area, open space, recreation and/or other common open space. Up to 25% of the designated common open space may consist of natural or man-made water bodies. The common open space area shall include private patios and any area located between a building and street or common parking area.
(2)
All property owners and tenants in the development shall have the right to use the common open space and any recreational facilities located on the site.
(3)
Common open space may be deeded to the Borough, if accepted by the Mayor and Council.
(4)
All common open space not accepted by the Borough and all common elements in the development shall be deeded to an open space organization established to own and maintain the common elements as provided in N.J.S.A. 40:55D-43. The open space organization documents shall be submitted to the Borough Attorney for review and approval.
H.
Engineering and construction design standards. Design and construction design standards for single-family and multifamily residential development areas shall be determined by the Borough Engineer in compliance with other standards of this chapter.
(1)
Lighting.
(a)
Streetlighting shall be provided at all street intersections and along all collector and local streets, parking areas and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads and traffic safety from glare, reflection and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c)
The average intensity of lighting permitted on roadways shall be as follows: 0.2 footcandle along local streets, 2.0 footcandles at local street intersections, 0.4 footcandle along collector streets and 3.0 footcandles at any intersection involving a collector street.
(2)
Sanitary sewers. The developer shall design and construct sewage collection facilities in accordance with applicable requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development from said treatment and collection system. The developer shall provide the Planning Board with a copy of the agreement with the contractor for the sewage treatment.
(3)
Streets.
(a)
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all such streets shall have adequate drainage.
(b)
Local streets shall be planned so as to discourage through traffic.
(c)
All streets within the development shall be designed in accordance with New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction, 1983, as amended, together with the construction standards of the Borough of Bloomsbury, on file with the Borough Engineer.
(d)
Intersections shall be designed in accordance with and as described in this chapter.
(4)
Sidewalks. Sidewalks shall be installed in locations determined by the Board to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances may better follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety, considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification (where sidewalks parallel streets), access to school bus stops, recreation areas and the general type of improvement intended.
(5)
Water supply.
(a)
Water mains and services shall be constructed and paid for by the developer in such a manner as to make adequate potable water service available to each lot and building within the development. The system shall be designed and constructed in accordance with applicable requirements of the Borough Engineer. Prior to the grant of the preliminary approval, the applicant shall provide the Board with a copy of a letter from the water company indicating that the project will be serviced with public water.
[Amended 11-9-1993 by Ord. No. 506-93]
(b)
Fire hydrants of a type and number and in locations approved by the Borough Engineer, with the advice of the Chief of the Bloomsbury Fire Company, shall be installed by the developer.
I.
Multifamily residential development area requirements.
(1)
No building or group of attached buildings shall contain more than 24 dwelling units.
(2)
No building shall exceed a length of 200 feet.
(3)
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure; alternatively, each dwelling unit shall be designed in conformance with the Uniform Construction Code such that either 8% of the floor area of all habitable rooms shall be in windows or the maximum depth of the unit shall not exceed 22 feet.
(4)
No room within a dwelling unit intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement may contain a family room or recreation room.
(5)
Accessory buildings shall meet the property line setbacks of the principal building.
(6)
The maximum height of an accessory building shall be 16 feet. Recreational buildings and facilities shall be governed by the height limitations for principal buildings.
(7)
Garages may be built into the principal structure or separately constructed as hereinafter provided. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.
(8)
Exterior television antennas shall be limited to one antenna per building.
(9)
Laundry facilities shall be provided in each building. Outside clothes drying is prohibited except in designated areas on the site plan.
(10)
One or more completely enclosed but unroofed structures for the collection and storage of solid waste shall be provided. The system of collecting and storing solid waste shall be approved by the Board of Health. No garbage or other refuse shall be stored or collected except in such approved structures.
(11)
In addition to any storage area contained within the dwelling unit, a minimum of 150 cubic feet of storage space shall be provided for each dwelling unit, which storage area shall be convenient to and accessible from the outside of the building for the purpose of storing bicycles, perambulators and similar outside equipment.
(12)
Screening and fencing shall be provided as needed to shield parking areas and other common facilities from the view of adjoining properties and streets.
(13)
Provisions shall be made for the preservation of existing trees and natural features to the extent possible. All disturbed areas shall be landscaped. Landscaping shall be provided as follows:
(a)
Shade trees shall be planted along all streets and in common parking areas. Such trees shall be 1 1/2 to two inches in caliper at time of planting and shall be planted a minimum of 50 feet on center along both sides of all streets and common parking areas. The Planning Board shall approve the choice of plantings and, in so doing, may rely upon the recommendations of the Shade Tree Commission.
(b)
Common areas and yards shall be planted with:
(c)
Buffer areas shall be left in a natural state wherever they are outside the limits of disturbance; otherwise, buffer areas shall be planted with conifers, six to eight feet high at time of planting, eight feet on center.
(d)
All disturbed areas shall be planted in grass or ground cover.
(e)
All plantings shall be of nursery stock, balled and burlapped, and shall be healthy and free of disease.
§ 270-166 Minimum requirements for dwellings; setback requirements; temporary living places.
[Added 10-13-1992 by Ord. No. 409-92]
A.
No permit shall be issued to erect a building which is to be used as a dwelling on any plot having less than a one-hundred-foot frontage and a one-hundred-fifty-foot depth for each family unit for which the building is designed or by which it is occupied, provided that any owner of a lot which was acquired, or which was a separate lot, prior to January 29, 1957, and which has a frontage of 50 feet or more may construct a single-family dwelling thereon without violating the provisions of this chapter. The lot depth must be sufficient to permit proper location, installation and operation of a septic tank disposal system.
[Amended 2-9-1993 by Ord. No. 502-93]
B.
Principal structures and uses.
(1)
All buildings hereafter erected which front on state highways shall be set back at least 30 feet from the right-of-way line. All buildings on other roads or streets shall be set back at least 50 feet from the center thereof or in line with other houses in built-up sections. No garages, signboards or buildings of any kind shall be erected without a permit, and none shall be closer to the road or highway than the line permitted for dwellings. The construction of such shall not depreciate the value of the existing property or create a fire hazard causing insurance rates to be raised.
(2)
Every building to be used for a dwelling shall be constructed on a foundation of not less than 672 square feet, outside measurement, for each family unit, and shall contain no fewer than three rooms for each family unit, exclusive of toilets, bathrooms, porches and breezeways.
C.
No permit shall be granted for a temporary residential trailer, cabin, tent, or tourist cabin, or any temporary place for living, nor shall any permit be granted for a trailer to be used for a dwelling, except as provided in Article XIX, § 270-152. No place shall be used or occupied as a dwelling except a building meeting all of the requirements of this chapter, or a building which was so used or occupied on the effective date of this chapter.
§ 270-166.1 Prohibited uses.
[Added 7-22-2021 by Ord. No. 104-21]
The following uses are expressly prohibited in all zone districts:
A.
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the Borough by a cannabis delivery service located outside the Borough.
B.
The smoking of cannabis on any public property.
C.
High cube warehousing distribution center.
[Added 11-28-2023 by Ord. No. 106-23]
D.
Large fulfillment distribution center.
[Added 11-28-2023 by Ord. No. 106-23]
E.
Last-mile fulfillment center.
[Added 11-28-2023 by Ord. No. 106-23]
F.
Major distribution center.
[Added 11-28-2023 by Ord. No. 106-23]
G.
Warehouse.
[Added 11-28-2023 by Ord. No. 106-23]