[Amended 7-17-2007 by Ord. No. 24-2007; 8-2-2023 by Ord. No. 19-2023]
No use or occupancy of any building, structure, land or open space, either singularly or in any combination thereof, shall hereafter be changed to a different use or occupancy, and no building or structure or part thereof shall hereafter be erected, constructed, moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located, except as hereinafter provided.
No building or other structure shall hereafter be erected to exceed the height, to accommodate or house a greater number or families or households, to occupy a greater percentage of lot area or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are required, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided.
A. 
The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, and domes not used or intended for human occupancy, or to municipal water towers or tanks. Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features, and necessary mechanical appurtenances usually carried on and above the roof level, are excluded from the maximum height shown in the Schedules of District Regulations[1] if they do not exceed the maximum height by more than 15 feet. If such equipment is constructed as an accessory building or use, the height restrictions of this chapter shall apply.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
The provisions of this chapter shall not apply to prevent the erection above the maximum building height shown in the Schedule of District Regulations, by not more than five feet, for a parapet, wall or cornice for ornamentation without windows.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as might otherwise be specified herein.
The front setback lines shall be determined from the proposed right-of-way of the street on which the lot fronts. Rear and side yards shall be determined from the lot lines. All front yard setbacks shall be observed except in such cases as exists a pronounced alignment observing a different setback, in which case the Construction Official shall be authorized to issue a building permit for construction in alignment with the pronounced alignment without the necessity of obtaining a variance. Pronounced alignment exists when four adjacent, existing structures to the premises in question observe a structurally different setback than what is required under this chapter.
A. 
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter, or a variance for such requirements shall be obtained.
B. 
Within each district the regulations set by this chapter shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land.
A lot which is of public record and in single and separate ownership and not of contiguous frontage with other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located even though such lot fails to meet the requirements for bulk and frontage, or both, that are generally applicable in the district in which it is located, provided that the yard requirements or other requirements not involving bulk or frontage of lot shall conform, or a variance for such requirements not involving bulk or frontage shall be obtained.
If two or more lots or combination of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements for lot frontage and bulk as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter unless approval for such lots has been obtained under the provisions of subdivision regulations of the City of Millville, and no portion of the parcel shall be used or sold which does not meet lot frontage and bulk requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with frontage or bulk below the requirements stated in this chapter.
Every principal building shall be built upon a lot with frontage upon a public street or road improved to meet the City of Millville's requirements or for which such improvements have been insured by the posting of a sufficient performance guaranty.
Where a building lot has frontage on a street which the adopted Master Plan or the Official Map of the City of Millville indicates is proposed for right-of-way widening, the required front yard shall be measured from such proposed right-of-way line.
No lot in any zone shall have erected upon it more than one single-family, detached dwelling unless otherwise permitted by this chapter. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
At the intersection of two or more streets, or a driveway and a street in a business or industrial zone district, no hedge, fence or wall (other than a signal post or tree) which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from the intersection along the street lines.
A. 
Purpose. It is the purpose and intent of this section to permit, regulate, and control the establishment of flag lots in designated residential zoning districts to direct the development of lands within the City in a manner promoting the public health, safety and welfare and consistent with the intent of the Municipal Master Plan.
B. 
Eligibility criteria.
(1) 
Flag lots, as defined and regulated herein, may be created in the following residential zones: FP-Farmland Production.
(2) 
The flag lot shall contain a minimum gross area equal to or greater than the minimum lot area required in the residential zone district in which the flag lot is proposed.
(3) 
Each flag lot shall abut an existing public, improved roadway, meeting the requirements of N.J.S.A. 40:55d-35 by way of an access strip which shall be owned in fee, rather than served by an easement or right-of-way, and shall be conveyed as part of the flag lot; such access strip shall have a width of no less than 50 feet for its entire length and shall front upon such roadway; and such fifty-foot-wide access strip shall remain open and not built upon at all times.
(4) 
To avoid a continuous strip of abutting access drives, the location of access strips to flag lots shall be spaced at a distance equal to the minimum lot frontage in the particular zone.
(5) 
The entire lot shall be located only upon one side of the said access strip.
(6) 
Flag lots shall not be further subdivided.
(7) 
In determining the compliance of the proposed flag lot with the minimum area requirements set forth herein, all wetlands shall be included in the calculation.
(8) 
An applicant requesting a flag lot subdivision may not own any contiguous lot or lots which would, if combined, provide sufficient lot frontage and width to create conforming, non-flag-type lots.
(9) 
Not more than one flag-type lot may be created by the subdivision.
(10) 
Any structure constructed on the flag-type lot shall have a minimum front setback measured from the rear lot line of the front lot equal to the minimum building setback for the respective zone. Side and rear yard setbacks shall equal the minimum for the respective zone.
(11) 
These standards and criteria shall not pertain to major subdivisions. The regulations contained herein apply only to individual, single lot subdivisions.