Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Milford."
The purpose of this chapter is to lessen congestion in the streets and secure safety from fire, panic and other dangers; protect health, morals and the general welfare; provide adequate light and air; prevent the overcrowding of land or buildings; avoid undue concentration of population, with reasonable consideration to the character of a district and its peculiar suitability for particular uses; and conserve the value of property and encourage the most appropriate use of land and buildings throughout the Borough.
[Amended by Ord. No. 288-84; 3-2-1987 by Ord. No. 401-87]
Words used in the present tense include the future tense. The singular number includes the plural.
The word "person" includes a corporation or partnership as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is always mandatory.
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined in the meanings herein indicated:
A subordinate use or building, the purpose of which is incidental to that of the main use or building, and which is located on the same lot.
As applied to a structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height, or by moving from one location or position to another.
The total of the areas within the outside dimensions of the principal building and all accessory buildings when viewed in plan, exclusive, however, of residential unroofed porches and paved terraces which do not exceed three feet in height above the average adjacent finished grade.
The sum of the gross horizontal areas of a floor or several floors of a building measured between the inside face of exterior walls or from the center line of walls separating two units. In the case of the upper stories of a residential structure, the floor area of such stories shall not be included in satisfaction of the minimum habitable floor area requirements of this chapter unless the story is accessible through the use of a fixed and permanent stairway. In addition, only that portion of the floor area shall be included in the satisfaction of minimum habitable floor area requirements of this chapter which has a clear headroom of six feet six inches. Any cellar, garage space or accessory buildings shall not be included in computing habitable floor area except in the case of commercial and industrial buildings.
Any premises on which are held, either regularly or periodically, auction sales of merchandise and/or personal property.
A story partly underground but having at least 50% of its cubic volume above the adjacent finished grade.
Any dwelling in which people, either individuals or as families, are housed or lodged for hire, with or without meals, and which contains five or fewer such rooms for hire. A rooming house or a furnished rooms house shall be deemed a boardinghouse. A nursing home or a home for the sheltered care of adult persons shall not be considered a boardinghouse.
Any structure having a roof supported by columns, piers or walls, and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured, and intended for the shelter, housing or enclosure of persons, animals or chattel.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the building, exclusive of chimneys and similar structures.
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical projection will coincide with the surface nearest the property line. All yards are measured between the property line and the building line nearest that property line.
A building within which is conducted the main or principal use of the lot on which the building is situated.
A story partly or completely underground and having more than 50% of its cubic volume below the average level of the finished grade at the perimeter of the building.
Facilities operated by practitioners of the medical arts, either singly or in groups, which are supplemental or incidental to such medical practice. Such facilities may include but are not limited to laboratories, diagnostic equipment and medical accommodations for patients.
A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
A one-bedroom apartment shall contain one enclosed bedroom, toilet and bath facilities, a kitchen, a living area and a dining area, in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio and suitable closet and storage space.
A detached building designed for or occupied exclusively by one family.
A three-bedroom apartment shall contain three enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area may be in combination with either the kitchen or living room or may be a separate room. No additional room shall be permitted except hallways, an outdoor patio and suitable closet and storage space.
A two-bedroom apartment shall contain two enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area, in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio and suitable closet and storage space.
A building designed for or occupied exclusively by two families living independently of each other.
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
An elder cottage housing opportunity unit which is a small, removable modular cottage in the rear or side yard of a dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 750 square feet of gross floor area, for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the owner, who must occupy that primary residence on the premises. One of the ECHO unit occupants shall be 60 years of age or older.
[Added 8-17-2009 by Ord. No. 755-2009]
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground or overhead transmission, distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood, or for the public health, safety or general welfare.
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.[1]
Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
A garage used for storage and/or parking purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such a garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle.
Any garage other than a private garage, available to the public, operated for gain, and which is used for the storage, repair, rental, servicing, adjusting or equipping of automobiles or other motor vehicles.
An integrated development of individual dwelling units which utilize such common facilities as parking and garage areas, pedestrian walks and utility and sanitary systems, consisting of a group of separate buildings.
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
The elevation of the center line of the streets as officially established by Borough authorities.
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
A concrete or bituminous pavement.
A room or area within a residence used as an office, studio or study by an occupant of the residence.
A building containing more than five rooms used or intended to be used, rented or hired out to be occupied for sleeping purposes by guests and which may also contain only a general kitchen and dining room and/or drinking facilities and conference and meeting rooms.
The Joint Land Use Board of the Borough of Milford.
Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
A plot, parcel or tract of land, the extent of which is described by the Official Map or deed description filed with the County Recording Officer.
An area of land which is determined by the limits of the lot lines bounding that area. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or more intersecting streets.
That percentage of the lot area covered by building area.
The mean distance from the street line to the rear lot line measured perpendicular to the street line or a chord of the street line.
A lot other than a corner lot.
The distance between the side lot lines measured perpendicular to its depth at the front setback line.
When applied to landscaping, trees, shrubs, screening and other plant life within this chapter, the term "maintenance," the phrase "to be maintained" or similar wording shall mean the regular and periodic policing, trimming, cutting, watering and replacement of dead matters as appropriate to the circumstance.
Any unit used for living or sleeping purposes which is equipped with wheels or some device for the purpose of transporting such unit from a place, whether by motive power or other means, or any unit being used for temporary living or sleeping purposes, temporarily located in the locality, whether the same is on blocks, posts or any other type of foundation.
Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
A building containing more than five rooms with individual entrances, used or intended to be used, rented or hired out to be occupied for sleeping purposes by guests, and which may also contain only a general kitchen and dining room or drinking facilities and conference or meeting rooms.
A building which, in its design or location upon a lot, does not conform to the regulations of this chapter for the zone in which it is located.
A lot of record which does not have the minimum width or depth or contain TLD for the zone in which it is located.
Use of a building or of land that does not conform to the regulations of the zone in which it is located.
An agricultural establishment of at least five acres in area where trees and plants are raised and offered for sale at retail and/or wholesale.
A condition of an activity or use being upon a lot and/or within a building.
An off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area at least nine feet wide and 19 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
A certificate issued by the Construction Code Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans.
A certificate issued upon completion of the construction of a new building or upon a change in the occupancy or use of a building and certifying that all requirements of the Building Code,[2] this chapter or such adjustment therefrom which has been granted by the Joint Land Use Board and that the purpose for which such building is to be used are in conformance with the uses permitted in the zone in which it is located.
A certificate of use and occupancy valid for only a period of six months from the date of issue.
A certificate issued by the Zoning Officer stating that a proposed building or use will meet all of the requirements of this chapter.
Equipment, mechanisms and other nonoffice installations of public utility companies, agencies or authorities, to include pumping stations, high-voltage transmission lines and towers, storage tanks and towers and similar items.
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
[Added 6-7-1999 by Ord. No. 639-99]
An establishment where patrons will be served food, soft drinks, ice cream or similar confections and where such service is not within a building which contains tables and chairs at which patrons may consume purchases. Any such establishment which encourages the consumption of purchased items at outdoor tables or in automobiles parked upon the premises by reason of the physical arrangement of facilities or method of operation shall be deemed to be a drive-in restaurant, regardless of other types of restaurant operation as defined by this chapter which may be conducted on the premises.
Any establishment, however designated, at which food is sold for consumption by patrons seated at tables on the premises within an enclosed building and served on china or comparable reusable tableware and reusable implements.
An establishment which sells, within an enclosing building, ready-to-eat, prepared and packaged foods intended to be consumed by the patron at a location other than on the premises and which is within a building containing no counter, tables or other facility for on-premises consumption, whether indoor or outdoor.
That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).
[Added 6-7-1999 by Ord. No. 639-99]
The term used to refer to the shortest horizontal dimension between a building and the lot line on that side of a building.
An improved surface constructed in accordance with the regulations of Chapter 170, Subdivision of Land, for pedestrian traffic.
The outdoor and/or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.
The maximum projected area of the shape which encloses the sign, device or representation.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Joint Land Use Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
That line determining the limit of the highway rights of the public, either existing or contemplated. Where a definite right-of-way has not been established, the street line shall be assumed to be a locus of points not less than 25 feet from the center line of the roadway.
A combination of materials to form a construction that is safe and stable, and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences, display signs and swimming pools.
A body of water, artificially constructed in whole or part, maintained by an individual for bathing for the private use of his household and guests, located on a lot as an accessory use to a residence. A wading pool with a depth of less than 18 inches shall not be deemed a swimming pool.
The adjusted lot area of any tract of land which has been computed based upon the existing topography within the tract boundaries and the appropriate slope/area adjustment factor(s) as contained in § 190-30.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
A structure shall be deemed to be vacant at any time that the corporation, firm or individual occupying such unit, whether as owner or tenant, shall terminate its, their or his occupancy with the intention to leave such unit permanently with no intention of returning to it.
A trailer, a compartment for mounting on the bed of a truck or a vehicle designed and intended to be used for shelter on a temporary basis away from the dwelling unit of the owner or user.
A building, other than the building in which goods or products are manufactured, assembled or processed, in which goods or products are stored awaiting shipment to a purchaser or retail sales establishment.
A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals or electromagnetic waves for wireless communications.
[Added 6-7-1999 by Ord. No. 639-99]
A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
[Added 6-7-1999 by Ord. No. 639-99]
Buildings and/or structures and equipment for the delivery of wireless telecommunications, except for satellite dish antennas, which shall be regulated under other provisions of the Code of the Borough of Milford. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
[Added 6-7-1999 by Ord. No. 639-99]
A vertical structure used to support wireless telecommunications antennas.
[Added 6-7-1999 by Ord. No. 639-99]
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front building line projected to the side lines of that lot. The setback line shall be synonymous with the rear line of the front yard. The depth of a front yard shall be the shortest distance between the street line and the front building line.
A space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot and the nearest line to the principal building and extending from the front yard to the rear yard or, in the absence of either such yards, to the street or rear lot line, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
The duly appointed Zoning Officer of the Borough of Milford.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Editor's Note: See Ch. 74, Construction Codes, Uniform.
[Amended 12-18-1989 by Ord. No. 530-89; 2-16-1999 by Ord. No. 637-99]
For the purposes of this chapter, the Borough of Milford is hereby divided into nine zones and one overlay district as follows:
Rural Residential (RR) Zone
Low-Density Residential - 1 (R-1) Zone
Medium-Density Residential - 2 (R-2) Zone
Multifamily Residential - 3 (R-3) Zone
Professional Office/Residential (PO/R) Zone
Downtown Business (B) Zone
Corridor Business (B-1) Zone
Government Use (GU) Zone
Industrial (I) Zone
Residential/Industrial (R/I) Overlay Area
No building shall hereinafter be erected and no existing building shall be moved, structurally altered, added to or enlarged or rebuilt, nor shall any land be designated, used or intended to be used, for any purpose other than those included among the uses permitted in each zone by this chapter and meeting the area, bulk and density requirements set forth within this chapter for each zone. No open space contiguous to any building shall 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 space and such other regulations set forth within this chapter for the zone 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 the provisions of this chapter, and a certificate of occupancy for such building shall thereupon become null and void.
[Amended 3-2-1987 by Ord. No. 401-87; 12-18-1989 by Ord. No. 530-89; 2-16-1999 by Ord. No. 637-99]
The Zoning Map, revised to August 1997, shall be made a part of this chapter by reference as if included herein.[1] Zone boundary lines are intended to follow street, lot or property lines wherever they are in closest proximity to such line. Where there is a question as to the actual location of a zone boundary line, the Joint Land Use Board, after notice and hearing, shall have the power to interpret and locate the zone boundary line.
Editor's Note: The Zoning Map is on file at the office of the Borough Clerk.
Principal building. Every principal building shall be built upon a lot fronting upon a duly accepted street which has been improved in accordance with Chapter 170, Subdivision of Land.
Right-of-way. Where a building lot has frontage upon a street which is on the Master Plan or Official Map of the Borough or the County of Hunterdon and is contemplated for a right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
Residential lot. No residential lot shall have erected upon it more than one residential building, except in the case of a garden apartment or attached single-family or multifamily housing development as permitted by this chapter.
Attached accessory building. Any accessory building attached to a main building shall meet the minimum yard requirements of this chapter applicable to the main building for the zone in which the building is located.
Detached accessory buildings. Detached accessory buildings shall be located to the rear of the rear building line of the principal structure and shall comply with the provisions of this chapter governing their location.
Corner lot accessory buildings. When the rear yard of a corner lot adjoins the front yard of another lot, no accessory building on such corner lot shall be located nearer to the common street line than a distance equal to the depth of a front yard required along such frontage.
Intersections. At the intersection or interception of two or more streets or driveways, no hedge, fence or wall higher than 2 1/2 feet above street level, nor any obstruction of vision other than a single post or tree not exceeding 16 square inches in cross-section area, shall be permitted within the triangular area formed by the intersecting lines and a straight line adjoining points located on such street lines 25 feet distant from the intersection thereof. In the event that the regulations of the County of Hunterdon require a greater clear sight triangle, such greater requirement shall be met.
New construction utilities. Any new construction of principal buildings, other than one-family dwellings not a part of a housing development, shall have all utilities placed underground.
A zoning permit shall be required for all pool permits and shed permits in all zones.
[Added 8-1-2005 by Ord. No. 707-2005]
The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:
Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights and necessary mechanical appurtenances usually extended, constructed or located above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall be screened from street view or otherwise incorporated into the architectural theme of the building. The individual seeking to erect such structure has the burden of proof that the requested height of the structure is necessary to accomplish the purpose for which it is erected. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornaments, provided that such feature is without windows and does not extend above such height limit as may apply a distance of more than five feet.
Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches, provided that the total area of the projection does not exceed nine square feet. An open or lattice-enclosed fire escape or fireproof outside stairway may project into a rear or side yard for a distance not to exceed eight feet. Under no circumstances shall any projection be closer to any lot line than four feet in any residential zone.
Undersize lots of record. Any lot with an area or width less than that prescribed for a lot in the zone in which such lot is located, if such lot was in existence as a single lot on May 31, 1976, and the owner thereof owns no adjoining land and has owned no adjoining land since May 31, 1976, may be used as a lot for any purpose permitted in the zone, provided that:
The front setback required for the appropriate zone is met or the front setback is equal to the average setback of existing buildings fronting on the same street and within the same block, whichever is less.
The combined total side yards are reduced not less than one foot for each foot a lot is less than the required width prescribed for the zone in which such lot is located and that no principal building shall be closer than four feet to any side property line.
The nonconforming lot shall not be reduced further in size.
Nonconforming uses and buildings.
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing on May 31, 1976, may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located. A nonconforming building may be enlarged, extended or increased, provided that such enlargement would tend to reduce the degree of nonconformity. Otherwise, a nonconforming use shall not be expanded.
Abandonment. A nonconforming use shall be judged as abandoned where there occurs a cessation of the use through inactivity or there is display of an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than one year.
Restoration. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy in excess of 75% of its total value, it shall not be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Code Official.
Reversion. A nonconforming use, once changed into a conforming use, shall not be changed back again into a nonconforming use.
Alterations. A nonconforming building may be structurally altered, but not enlarged or extended, during its life to an extent not exceeding an aggregate cost of 50% of the assessed value of the building unless such building is changed to a building conforming to this chapter.
Prior approved construction. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which, prior to May 3, 1976, a building permit has been issued and the construction of which has been begun and continued on a reasonable schedule within three months of the date of such permit and which entire building shall be completed according to such plans as filed within one year from May 3, 1976.
Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.
[Amended 3-2-1987 by Ord. No. 401-87]
Temporary permits may be authorized by the Joint Land Use Board for a period not to exceed one year for nonconforming uses incidental to housing and construction projects, including such structures and uses as a gravel sorting plant, storage of materials, supplies and machinery, construction offices, sanitary facilities and a real estate office, provided that such permits shall be issued only upon agreement by the owner to remove the structure or structures upon expiration of the permit. Such agreement will be with the property owner and shall provide that if the structure or structures are not removed upon expiration of the permits, the structure or structures may be removed by the Borough and a lien placed on the property to recover costs of removal.
Off-street parking shall be provided as required by the schedule of § 190-111 and shall be provided with the necessary passageways and driveways for access. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. All parking areas shall be surfaced with a dustless, durable, all-weather, hard surface clearly lined for car spaces, except when provided in conjunction with one-family and two-family dwellings or when containing five or fewer parking spaces, and shall be adequately drained subject to the approval of the Borough Engineer.
When more than one building or use is located upon the same lot or more than one use is carried on in the same building, off-street parking shall be provided for each building or activity as if they were separate buildings or uses.
Where the schedule requires parking spaces on the basis of the number of employees, the largest number of employees present for duty at any one time shall be the number used to calculate the required number of parking spaces.
Where the schedule requires parking spaces on the basis of the number of square feet of floor area, the number of square feet of building devoted to the activity for which the standard is stated shall be the basis upon which the required number of parking spaces is calculated.
Where the parking standard is on the basis of one standard or a second standard, the standard requiring the largest number of parking spaces shall apply.
Where the parking standard is on the basis of one standard and a second standard, both standards shall be met individually.
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the facilities are located is owned or leased by one or more of the collective users.
Any parking area for four or more vehicles which abuts, is across the street from or is within a residential zone shall have shrubbery on its entire periphery, other than access points, by the planting of a screen of evergreen materials at least four feet higher than the maximum elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the parking area throughout the full course of the year. Where the land area from which the parking is being screened is lower in elevation than the elevation of the parking area, the plant material shall be at least two feet in height, satisfaction of the four-foot requirement notwithstanding.
In residential zones, all parking areas except those serving one- and two-family dwellings shall be in other than the required front yard area. In nonresidential zones, parking areas may be in any yard area. All parking areas shall meet the setbacks required by this section as applicable.
No parking area shall be within a required buffer zone. All parking areas containing more than four and not more than 50 parking spaces shall be set back from any property line at least 10 feet. Any parking area containing more than 50 parking spaces shall be set back from any lot line at least 25 feet.
Every parking area in any zone containing more than 10 parking spaces shall be provided with internal shade trees at a rate of one shade tree for each 20 parking spaces or fraction thereof. Such shade trees shall be of a type recommended by the Hunterdon County Soil Conservation Service and shall have a minimum caliper of 1 1/2 inches at one foot.
All parking areas and appurtenant passageways and driveways serving other than one- and two-family dwellings shall be illuminated, according to specifications provided by the Jersey Central Power and Light Company, during the hours between sunset and sunrise when the use is in operation. Such illumination and all other illumination emanating from within the property shall be appropriately arranged and shielded to protect neighboring residential areas from glare and direct light.
Whenever an applicant can demonstrate to the satisfaction of the Borough authority having approval power over his application that the parking standards required by the schedule would be excessive for his particular application, the approving board may waive the requirement for surfacing of that portion of the parking which is considered excess. Sufficient land area shall be reserved, however, to meet the full requirements of this chapter with regard to off-street parking, and the applicant shall agree in writing that he will create at his expense such expansion upon demand by the Borough in the future.
All uses other than one- and two-family dwellings shall provide screened areas for truck loading and unloading of sufficient size to permit the transfer of goods and products in other than a public street, public parking area or any area designated as fulfillment of the off-street parking requirements of this chapter. The access to and egress from such areas shall be so designed as to avoid the backup of vehicles waiting to load or unload and to minimize the interruption of traffic flow on adjacent streets.
None of the off-street parking facilities required by this chapter shall be required for any existing building or use unless such building or use shall be enlarged or extensively altered, in which event off-street parking shall be provided up to the standards of this chapter insofar as possible and reasonable.
Trailers designed or used for hauling or transportation and trailers designed or used for dwelling purposes shall not be parked or stored as a regular practice on or in the vicinity of any lot in any residential zone, nor shall any of the same be parked or stored on or in the vicinity of any lot in a nonresidential zone for more than a twenty-five-hour loading or unloading period.
One boat trailer and one boat and one recreation vehicle, not occupied on the premises, may be parked or stored outdoors on a residential lot. Wherever feasible, such equipment shall be parked or stored in the rear yard. The minimum yard requirements for an accessory building in that residential zone shall be observed.
No bus may be habitually parked on the street or off street in a residential zone.
Access points shall be limited to one combined ingress and egress driveway or one each ingress and egress driveway on all frontages of 100 feet or less. Frontages of more than 100 feet but not more than 300 feet shall be permitted two driveways for ingress and two driveways for egress, either individually or in combination. Frontages of more than 300 feet but less than 500 feet shall be permitted four driveways for each of ingress and egress, either individually or in combination.
Driveways or curb cuts for all uses other than one- and two-family homes shall be not less than 20 nor more than 36 feet in width. This requirement shall not be applied, however, to preclude the provision of adequate curb radii at the flare end of the driveway.
No access point shall be closer than 50 feet to the intersection of public streets measured from the nearest curbline of the driveway to the curbline of intersecting streets, extended as necessary for measurement purposes. The placement and design of access points shall not create a hazardous condition and shall minimize conflict with the flow of traffic on adjoining streets. Access points shall be subject to approval by state and county authorities when affecting roads under their jurisdiction.
Driveways serving single-family dwellings shall not be closer than seven feet or 1/2 the required one side yard in the applicable zone, whichever is greater, to a side lot line. Those serving other uses shall be not closer than 1/5 of the required lot width in the applicable zone to a side lot line, but in no event less than seven feet. In no event shall a driveway be within a required buffer zone except for crossing to connect with public streets.
The minimum width of access drives within off-street parking areas shall be as follows:
Minimum Aisle Width
Angle of Parking
One-Way Traffic
Two-Way Traffic
Topsoil; subsurface soil. Topsoil shall not be removed from any lot or parcel except upon the granting of a special permit by the Borough Council. No such permit shall be granted for the removal of topsoil from the corporate limits of the Borough. Subsurface soil or other subsurface material, such as rock or shale rock, may be removed only in conjunction with construction and only to the extent required to execute an approved site plan.
Trees. No trees having a caliper of three inches or more at 18 inches above ground shall be removed from any lots other than a developed residential lot without a permit from the Joint Land Use Board or as a part of construction in accordance with an approved site plan which calls for the removal of such tree.
Natural watercourses. All natural watercourses shall be retained during subdivision, and site planning shall incorporate appropriate soil conservation measures pertaining to stream management and improvements in order to assure the continued functioning of such watercourse as part of the drainage system of the Borough. This provision shall be interpreted to prohibit the rechannelization or piping of watercourses. In all zones, no principal or accessory building or any structure shall be constructed closer than 65 feet to the edge (as measured from the stream bank) of any watercourse which carries water six months or more during the year. Where the stream in question has been identified by the state as a trout production or Class 1 waterway, all buildings and structures shall be set back a minimum of 100 feet from the edge of said stream or greater if required by state law. In no event shall the elevation of any floor within a structure be lower than one foot above the one-hundred-year-flood elevation within any flood-prone or floodplain area.
[Amended 2-16-1999 by Ord. No. 637-99]
Screening requirement. Wherever this chapter imposes a screening requirement, a swath of existing vegetation may be substituted if such natural ground cover already exists in the appropriate location and in the appropriate density. In any event, existing vegetation may be incorporated into required screen planting.
Landscaping and seeding requirement. Wherever this chapter would impose a landscaping and seeding requirement, natural vegetation may be substituted in all areas where it exists and has attained a height of at least six feet. The landscaping and seeding requirement shall still apply, however, in all areas not so covered.
Landscaping. In conjunction with multifamily, commercial or industrial uses, all areas of the lot not occupied by buildings, pavement or other surfacing or other required improvements shall be landscaped by the planting of grass and/or shrubs and trees. Two shrubs and one tree shall be provided for each 250 square feet or fraction thereof to which this requirement applies. Such trees and shrubs shall be of a type recommended by the Hunterdon County Soil Conservation Service, and trees shall have a minimum caliper of 1 1/2 inches at one foot. The placement of the plant material shall be appropriate to the enhancement of the property and in accordance with a landscape plan approved by the Joint Land Use Board in conjunction with site plan review. Where trees and shrubs are used as screening for buffering purposes, they shall be of a species expected to achieve a height of at least five feet above grade within two years of planting, and their spacing shall be at such density as to provide a horizontal visual barrier within two years of planting.
Buffer zone. In order to provide adequate buffering between uses of differing classifications, a buffer zone shall be provided in conjunction with any nonresidential use abutting a lot zoned for residential purposes. Such buffer shall be a minimum of 25 feet in width as measured from the subject property and shall be provided on the nonresidential property. This buffer shall be increased to 100 feet in the case where an industrial use abuts a residential property.
[Amended 2-16-1999 by Ord. No. 637-99]
Screening. Screening shall be required to be installed and maintained in all required buffer zones, along all property lines other than street lines of garden apartment or townhouse projects and around the entire perimeter other than access points of any parking area for more than four vehicles, unless such parking is otherwise screened by a buffer zone. This requirement shall not be exercised where it will create conflict with the requirements of § 190-7G.
The following types of signs and no other shall be permitted:
Official traffic signs.
Professional permitted special use, "no trespassing" and "private driveway" signs not larger than four square feet.
Identification signs for schools, churches, hospitals, clubs, lodges or similar uses, not larger than 12 square feet.
Real estate signs and advertising sale or rental, not larger than eight square feet, to be removed within seven days after consummation of a sale or rental.
Signs and banners of a public nature dealing with a public event when deemed necessary to the public welfare and approved as such by the Joint Land Use Board, subject to such time, size and other requirements as the Board may impose to protect the public interest. No private banners or flutter-type signs or displays, whether carrying written advertisements or simply designed to attract attention, shall be allowed.
Temporary signs of contractors, architects, mechanics and artisans, provided that the size of any one side shall not exceed eight square feet and that such signs shall be removed within seven days after completion of the work.
In business and industrial zones, on-premises directional signs indicating the location of the business or industry, not larger than 12 square feet.
Gasoline service stations and public garages only may display, in addition to the foregoing signs, the following special signs which are deemed to be customary and necessary to their respective businesses:
One freestanding or pylon sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 20 square feet in area on each side and shall be hung within the property line and not less than 10 nor more than 25 feet above the grounds.
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
In business and industrial zones, on-premises signs adverting the use of or owner of the property, not exceeding 12 square feet on one side or, if a wall sign, not exceeding 10% of the wall area exposed to the public street; provided, however, that this 10% may be increased by 1% for each foot over 100 feet the wall is set back from the street right-of-way line.
Identification signs for the uses permitted under § 190-46, provided that:
Such signs are on premises and do not exceed 20 square feet on one side.
Such signs are so located as to identify the use only from the major public road from which ingress and egress to such facility is obtained.
Any illumination of such sign shall be such as to be plainly visible from public roads but shall be adequately screened so as to prevent undue glare to surrounding residences or to traffic on public roads.
The following regulations shall apply to all permitted sign uses:
No sign other than official traffic signs shall be erected within or shall project over the lines of any street right-of-way.
No signs shall be of a flashing type in a residential zone. No signs shall be floodlighted except as provided in § 190-14J(3).
Billboards and signs advertising off-premises products or uses are prohibited.
In addition to the other requirements of this section, every sign referred to in this section shall be constructed of durable materials, shall be kept in good condition and repair and shall not be allowed to become dilapidated.
A zoning permit shall be required for all advertising signs in all zones. A permit fee as prescribed in Chapter 10, Fees, of this Code shall be paid to the Borough for temporary signs, and a permit fee as prescribed in Chapter 10, Fees, of this Code shall be paid to the Borough for permanent signs. Signs erected or in use for a period of 30 days or longer shall be considered as permanent for fee purposes and are subject to the permit fee for permanent signs.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No sign shall extend further than 12 inches from the face of the building upon which it is attached.
No sign shall be of a spinning or revolving type.
Residential zone.
[Amended 4-16-2007 by Ord. No. 731-2007; 9-6-2011 by Ord. No. 781-2011]
Height. No fence or wall hereafter shall be erected or reconstructed in any residential zone, or on lots in any other zone on which residential buildings exist, that shall exceed 3 1/2 feet in height in the front yard and six feet in height in the side and rear yards, with the exception of a fence located within a sight triangle of a street or driveway intersection. [See Subsection A(2) of this section and § 190-7G, Intersections, of this chapter.]
Sight triangles. A solid fence within a sight triangle shall not exceed a maximum of 2 1/2 feet in height. A semi-open fence within a sight triangle shall not exceed a maximum of 3 1/2 feet in height. (A "semi-open fence" is defined as a fence that is at least 50% or more open, such as a picket or split-rail fence.)
Setback/location. Fences may be located on the lot's property line or the edge of the right-of-way easement, if the property line is located within the paved portion of the street. Fence setbacks are to be determined in compliance with the property lines identified on an official survey. Since road widths have changed over time and are not uniform within the Borough, the Zoning Officer may approve an approximate right-of-way location based on the edge of pavement, curb or sidewalk, whichever is closest to the residence, if either the right-of-way and/or property line location is undetermined. It is the responsibility of the property owner to remove any fence placed on a municipal easement upon notification by the Borough.
Business zone. No fence or wall hereafter erected or reconstructed in any business zone shall exceed a height of six feet above ground level unless required for security purposes.
Industrial zone. No fence or wall hereinafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level unless required for security purposes.
Exceptions. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, a public playground or a public school property or around a commercial recreation use where such fence is for the purpose of containing an implement or missile necessary for the conduct of such recreational activities, or around outdoor storage within a commercial zone which conforms to all requirements of this chapter. Neither shall the foregoing be applied to restrict the erection of a retaining wall.
Windbreaks; protective fences. Nothing herein shall be applied to restrict the erection of suitable windbreaks for the winter protection of trees, shrubs and other vegetation or the erection of protective fences around permitted public utility uses in excess of height limitations.
Maintenance; inspection. Every fence and wall shall be maintained in a safe, sound and upright condition and shall be subject to the inspection of the Construction Code Official.
Property line restriction. All fences and walls shall be erected within property lines, and no fence or wall shall be erected which will encroach upon a public right-of-way.
A zoning permit shall be required for all fences in all zones.
[Added 8-1-2005 by Ord. No. 707-2005]
All buildings hereinafter constructed on the following streets shall be set back at least the distance indicated below from the center line of such street, contrary requirements of the schedule notwithstanding:
Name of Street
Required Building Setback
Barron Street
Bridge Street
Carpenter Street
Church Street
Delaware Avenue
Fairview Avenue
Frenchtown Road1
[Amended 2-16-1999 by Ord. No. 637-99]
Green Street
Hillcrest Drive[1]
Hillside Avenue
Honeysuckle Lane
Longview Avenue
Maple Street
Mill Street
Mt. Pleasant Road
Orchard Street
Park Lane
[Amended 3-7-2016 by Ord. No. 848-2016]
Preston Road
Ravine Road
Spring Garden Street
Stover Avenue
Valley View Road
Walnut Street
Water Street1
[Amended 2-16-1999 by Ord. No. 637-99]
York Road
These county roads are designated as major collectors with a proposed eighty-foot right-of-way. Fifty feet from the center line permits 10 feet of future right-of-way.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
For all streets or sections of streets not covered by this section, the setback requirements of § 190-110 shall govern.
Performance standards regulating air and water quality or noise levels set forth by federal or state statute, regulation or administrative order shall be observed where they exist and are equal to or more stringent than the following. When federal or state standards do not exist or are less stringent, the performance standards listed in §§ 190-19 through 190-28 shall be observed.
All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough of Milford Sewer Utility and shall be in accordance with all applicable regulations pertaining to treatment and disposal of sewage. The standards of such regulations or the following, whichever are higher, shall apply:
There shall be no discharge of any toxic substance, gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, any liquid having a temperature higher than 150° F. or any matter containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant, or any liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel or the ecology of the area, or material which would be harmful to the treatment of sewage.
Acidity and alkalinity of wastes shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis. Variations shall not exceed the range of pH 5.0 to 10.0.
Wastes shall contain no cyanides and no halogens and shall not contain more than 10 parts per million (ppm) of the following gases: hydrogen sulfide, sulfur dioxide and nitrogen dioxide.
Wastes shall not contain any insoluble substances in excess of 10,000 ppm or exceed a daily average of 500 ppm, or fail to pass a No. 8 sieve, or have a dimension greater than 0.5 inch.
Wastes shall not have:
A chlorine demand in excess of 15 ppm.
Phenols in excess of 0.0005 ppm.
Grease, fats or oils or an oily substance in excess of 100 ppm or exceeding a daily average of 25 ppm.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.
All outdoor storage facilities for fuel, raw materials and products, and all raw materials and products stored outdoors, shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.
No hazardous materials or wastes shall be deposited or stored upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or water supply, or otherwise render such stream, watercourse or water supply unsuitable as a source of potable water supply or which will destroy aquatic life, be allowed to enter any stream or watercourse.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color with an equivalent apparent opacity.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
There shall be no emission of sulfur dioxide.
The sound-pressure level of any use, not including ambient noises not under control of the operator of the use, shall not exceed, at any point on the boundary of an industrial district, the decibel levels in the designed octave band shown below, except for emergency alarm signals and subject to the following corrections: [Note: 10 log P1/P2 is the reference quality of 0.0002 dyne/cm2, sound-pressure level to be measured according to the specifications published by the American National Standards Institute (ANSI).]
Subtract five decibels for pulsating or periodic noises.
Add five decibels for noise sources operating less than 20% of any one-hour period.
Octave Band
(cycles per second)
Along Residence District Boundaries
Along Business District Boundaries
0 to 75
75 to 150
150 to 300
300 to 600
600 to 1,200
1,200 to 2,400
2,400 to 4,800
Above 4,800
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by the American Chemistry Council, Washington, D.C. Where more than one authority is cited, the numerical average value for all authorities listed may be used.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No industrial use shall carry on an operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated.
Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of any Industrial Zone.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No activities shall be permitted which emit dangerous radioactivity beyond enclosed areas. No electrical disturbances, except from domestic household appliances, shall be permitted to affect adversely, at any point, any equipment other than that of the creator of such disturbance.
Every use requiring power shall be so operated that any service lines, substation, etc., shall:
Conform to the highest applicable safety requirements.
Be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant.
If visible from abutting residential properties, be concealed by evergreen planting or screening with architectural materials common to the building(s).
[Added 11-2-1981 by Ord. No. 269-81[1]]
For provisions relating to flood damage prevention, see Chapter 96, Flood Damage Prevention, of this Code.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Added by Ord. No. 288-84]
Limitation on lot size and lot density. In order to minimize the potentially adverse impact of increased soil erosion, runoff, sedimentation and other environmental factors resulting from the intense development of land in areas of steep slopes, the number of dwelling units or lots permitted and the actual lot areas shall bear a relationship to the natural slope of the land.
Determination of compliance. To determine compliance with this requirement, the following calculations and regulations shall apply to any lot to be subdivided or developed:
The total land available for development (TLD) shall be calculated for each lot to be subdivided and for each lot to be developed. The calculation shall apply a development factor to land in various slope categories and shall be performed in the following manner:
Step 1.
Land with Slopes of
Adjustment Factor
0% to 5%
6% to 12%
13% to 20%
21% to 29%
Step 2.
TLD = A + B + C + D + E
The total number of dwelling units allowed on any lot or the total number of lots to be subdivided from any other lot shall be computed as follows:
Minimum lot area requirement in the zone
Total number of dwelling units or lots permitted
No development or improvements shall be permitted on slopes of 30% or higher. Applicants shall be required to concentrate development on lesser slopes, and the Joint Land Use Board, in appropriate cases and with adequate safeguards, will allow development of attached and detached single-family residential units on lots smaller than permitted in the zone based on an acceptable site plan, provided that the total number of dwelling units does not exceed the maximum allowed after calculation of the slope adjustment formula.