[Amended 3-7-2006 by Ord. No. 8-2006; 1-16-2007 by Ord. No. 1-2007; 8-19-2008 by Ord. No. 21-2008; 7-7-2009 by Ord. No.
21-2009; 8-3-2010 by Ord. No. 14-2010; 10-1-2013 by Ord. No.
28-2013; 6-15-2021 by Ord. No. 20-2021; 8-2-2023 by Ord. No. 19-2023]
A.
The schedules of regulations entitled, "City of Millville Schedule
of District Regulations," attached hereto,[1] related to the districts appearing on the Zoning Map made
a part hereof this chapter, applying to the uses of land and buildings,
the yard and other open spaces to be provided contiguous thereto,
and all other matter contained therein, as indicated for the various
zones established by this chapter, is hereby declared to be a part
of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The regulations listed for each zone are designated, reading from
left to right across the schedule, are hereby prescribed for such
zones, subject to the other provisions contained in this chapter and
shall be deemed to be the minimum requirements in every instance of
their application, unless otherwise stated. The Board of Adjustment
shall decide questions of interpretation of the use lists as set forth
on the schedule above referenced.
A.
Purpose. An Airport Safety Zone (ASZ) is established in accordance
with the requirements of the Air Safety and Zoning Act of 1983, as
amended, N.J.A.C. 16:62-1.1 et seq. The City shall not grant site
plan or subdivision approval, or variances for land use or development
activity within the Airport Safety Zone which would be contrary to
the standards of this chapter. The purpose of the Airport Safety Zone
is to establish minimum standards for the control of airports and
land use adjacent to airports to prevent the creation of airport hazards.
No person shall build, rebuild, create or cause to be built, rebuilt
or created any object or structure, or plant, or cause to be planted
or permit to grow, any tree or vegetation which will interfere with,
diminish, change, or obstruct the airspace, landing, and takeoff area
available for the landing and takeoff of aircraft at the Millville
Municipal Airport.
B.
Applicability. All lands located within the Airport Safety Zone,
as delineated on the Millville Zoning Map[1] and on the Millville Airport Safety Zone (ASZ) Map shall
be governed by the standards and procedures specified in this chapter.
Applicants seeking development approval for lands within the Airport
Safety Zone should consult with the City development review staff
for further guidance and interpretation of these requirements.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Delineation of the Airport Safety Zone. The Airport Safety Zone shall
consist of a runway subzone, two runway end subzones, and two clear
zones, as defined below. The methodology used to delineate the overall
construction and outermost boundaries of the Airport Safety Zone is
further graphically depicted in Figure 3.[2] The outermost boundaries of the runway subzone and runway
end subzones shall comprise the full extent of the Airport Safety
Zone.
[2]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
D.
Delineation of runway subzone. The runway subzone consists of a rectangle
having the same center line and length of each runway and a width
of 2,350 feet (See Figure 1[3]).
[3]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
E.
Delineation of runway end subzones. The runway end subzones consist
of trapezoids located at either end of the runway subzone along the
flight approach and departure path. Each runway end subzone shall
extend 3,000 feet from the end of the runway subzone, as measured
along the extended center line of the runway. The base of the runway
end subzone coincides with the end of the runway subzone, and has
a width of 2,350 feet. The width of the runway end subzone narrows
as the distance from the end of the runway subzone increases. Its
final width is 850 feet (See Figure 2[4]).
[4]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
F.
Delineation of the clear zones.
(1)
The clear zones consist of trapezoids located within the runway end
subzone along the flight approach and departure path.
(2)
Each clear zone extends 1,000 feet from the end of the runway subzone,
as measured along the extended center line of the runway.
(3)
The base of the clear zone is co-located with the end of the runway
subzone, and has a width of 250 feet. The width of the clear zone
increases as the distance from the end of the runway safety zone increases.
Its final width is 450 feet (See Figure 7[5]).
[5]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
G.
Permitted uses. Uses permitted within the Airport Safety Zone shall
include those permitted in the underlying base zoning district, as
limited or restricted by the following standards prescribed by N.J.A.C.
16:62-1.1 et seq., Air Safety and Zoning.
(1)
Permitted uses within the Airport Safety Zone shall include the following
uses:
(a)
Residential, single-family dwelling units on a minimum lot size
of three acres and not located in the clear zone. All residential
dwellings must be physically located outside the clear zone;
(b)
Open space;
(c)
Agricultural uses;
(d)
Roads, highways, rail rights-of-way;
(e)
Airports;
(f)
Commercial uses, if not located in the clear zone; and
(g)
Industrial uses, if not located in the clear zone.
(2)
Prohibited uses within the Airport Safety Zone shall include:
(a)
Residential (dwelling units) not situated on a lot of at least
three acres in size;
(b)
Planned unit developments;
(c)
Multifamily dwellings;
(d)
Hospitals;
(e)
Schools;
(f)
Aboveground, bulk tank storage of compressed flammable or compressed
toxic gases and liquids;
(g)
Any use that may attract masses of birds;
(h)
Above grade major utility transmission lines and/or mains; and
(i)
Within the runway end subzones only, the aboveground, bulk tank
storage of flammable or toxic gases and liquids.
(j)
Uses that may attract massing birds, including landfills;
(k)
Aboveground major utility transmission lines and/or mains.
H.
Vertical standards. The following shall define vertical limits up
to which structures or growth of trees within the Airport Safety Zone:
(1)
Minimum obstruction ordinance standards are vertical standards measured
in respect to elevations whose datum is the horizontal plane established
by runway elevations. For purposes of determining vertical standards,
the horizontal plane of the runway elevations at the Millville Airport
shall be 87 feet above sea level. This provision is further graphically
depicted in Figure 4.[6]
[6]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(2)
From the elevation in Subsection H(1) above, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone
are determined by establishing planes from the edges of the longitudinal
zero foot development restriction line established in N.J.A.C. 16:62-4.2c
which slope upward and outward at a rate of seven feet horizontally
to one foot vertically. This upward plane ceases when it reaches the
outer longitudinal borders of the runway subzone of the Airport Safety
Zone at the elevation of 150 feet above its starting point at the
longitudinal zero foot development line.
(b)
The methodology used to establish the vertical standards within
the runway subzone is further graphically depicted in Figure 5.[7]
[7]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(3)
The vertical standards within the runway end subzone are determined
by first establishing a plane with a rising slope of one foot upward
to 20 feet outward from the end of the runway subzone to the outermost
end of the runway end subzone. This plane is bisected by the extended
runway center line and is 250 feet in total width at its innermost
dimension and widens uniformly along its 3,000 feet length so as to
have a total width of 850 feet at its outermost dimension where it
intersects with the outermost portion of the runway end subzone at
the elevation of 150 feet above its starting point at the zero foot
development line.
(a)
The vertical standards within the remainder of the runway end subzone are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection H(3) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection H(3) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
(b)
The methodology used to establish the vertical standards within
the runway end subzone is further graphically depicted in Figure 6.[8]
[8]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(4)
Variance procedures. Any variance or other relief from the standards
of this chapter granted by the City of Millville shall be conditioned
upon the issuance of a permit by the New Jersey Commissioner of Transportation
allowing the variance or relief. The procedures to be followed for
issuance of a permit by the Commissioner shall be in accordance with
N.J.A.C. 16:62-1.1 et seq.
(5)
Airport master plan. In the event that any condition or standard
as prescribed or set forth in the Schedule of District Regulations[9] in relation to the AE-Airport Enterprise District are
inconsistent with the requirements of the Millville Municipal Airport
Master Plan, the requirements of the Master Plan shall be followed
to the exclusion of the requirements set forth in this chapter.
|
Millville Airport Safety Zone (ASZ) Map
 Source: Map 10 from, "City of Millville Land Use Plan Element,"
LPS Local Planning Services, January 2017, updated to current regulations
and terminology of "Airport Safety Zone."
|
[9]
Editor's Note: Said schedule is included as an attachment to this chapter.
Class 5 ("cannabis retailer") and Class 6 ("cannabis delivery
service") are specifically designated as uses not permitted in any
zoning district located in the City of Millville.
A.
Purpose. The purpose the Low Density Residential Zoning District
is to maintain the existing rural character, low density residences,
farmland, agricultural related services and passive recreation uses.
Subdivision of large properties into long, narrow lots is discouraged.
Areas included in the low density residential zoning district should
maintain low residential densities sufficient to accommodate water
quality standards. Sufficient road frontage should be required to
avoid long narrow lots. This zoning district is not intended to be
included in any future sewer service area.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The desired development pattern in the Medium Density Zoning
District is single-family detached housing units on a quarter acre
to one-acre lots. The Medium Density Residential Zoning District may
also contain parks, schools and other civic uses for use by local
residents. These residential neighborhoods are located in areas that
are beyond walking distance from the availability of goods and services.
Future development should be geared primarily towards auto-dependent
single-family residences. Commercial uses that are in character with
surrounding development should only be permitted as a conditional
use. All of the development in this zoning district is service by
public water and sewer.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or building and located on the same lot with such principal use
or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The desired development pattern in the High Density Residential
Zoning District is a traditional neighborhood setting consisting of
single-family attached and detached housing units on lots of at least
1/8 acre in size. These sections of the City are the most urban in
nature and become less dense further away from the Downtown Commercial
area. The street grid pattern should encourage pedestrian circulation
and access to parks, schools and other civic facilities. This residential
district surrounds the Downtown Commercial area so additional commercial
uses are not permitted since the adjacent Downtown, Neighborhood Commercial
and Highway Commercial Districts serve the residences. Many larger
homes have been subdivided into small apartments increasing the overall
density of the area. All of the development in this district is served
by public water and sewer. Additional commercial uses should not be
permitted in this district as it is served by the adjacent Downtown,
Neighborhood and Highway Commercial land use categories. Lot consolidation
and the creation of multi-floor townhouses and garden apartments with
off-street parking to meet the need for a diversity of housing opportunities
is encouraged. To minimize conversions and reduce code violations,
the minimum permitted area of a dwelling unit is 900 square feet.
New apartment units that may result from conversion of existing residential
buildings should be modern, safe, and not overcrowded.
B.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The City intends to continue its commitment to allow a diversity
of housing types and sizes throughout the community. An array of multifamily
housing options should be accommodated in areas that are close to
civic, retail and employment centers. The Multi-Family Residential
Zoning District contains properties that are designated as future
affordable housing sites consistent with any future Housing Element
and Fair Share Plan. Existing apartment buildings and apartment complexes
should continue to be permitted and expanded.
B.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The purpose of the Mobile Home Residential District is to
permit the existing mobile home parks and to permit their improvement
and potential expansion in the areas in which they are currently situated.
B.
Following are the standards under which mobile home residences may
exist in the City of Millville:
(1)
Any enlargement or extension of any existing mobile home park
at the time of adoption of this chapter shall require a conditional
use permit as if it were a new establishment.
(2)
All driveways, streets, accessways, parking areas shall be paved
with a hard surface material.
(3)
All areas not used for access, parking, circulation, buildings
and services, shall be completely and permanently landscaped and the
entire site maintained in good condition.
(4)
Any site plan for a mobile home park shall show in addition to all details and information set forth in § 30-45, the following:
(a)
A layout of individual lots or parking spaces and the sequence
for their development including a schedule of development if staging
is proposed.
(b)
A typical lot layout for any mobile home site.
(c)
An open space and recreational area plan showing where such
facilities shall be developed and the scheduling of such development.
(5)
All mobile home parks shall conform to the maximum and minimum
lot standards set forth in the MHR Zoning District as shown on the
Schedule of District Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(6)
No more than 100 mobile home spaces or sites shall be permitted
in any one mobile home park, except that the Planning Board may, for
good cause shown, grant a conditional use permit to allow an extension
of a trailer court to a maximum of 250 trailer spaces or lots, provided
that any application for a permit under this section shall be subject
to the provisions of site plan review and provided further that the
extended portion of the trailer court or mobile home park complies
with the provisions of Chapter IX, Mobile Home Parks, of the New Jersey
Sanitary Code.
(7)
Mobile home parks shall only be permitted where the availability
of public sanitary sewer and potable water exist or can be made available
by the applicant for approval of such uses.
(8)
Sufficient open space and recreational areas shall be established
in connection with any mobile home park shall equal not less than
20% of the total area of the. The area shall be permanently maintained
through a homeowners' association or by the owners of the park
or court. Not less than 50% of the open space or recreational area
shall be developed with active recreational facilities such as swimming
pools, picnic areas, ball fields and courts or other facilities. Such
areas shall be of a suitable size and shape to provide meaningful
recreational areas for their proposed use.
(9)
Mobile home parks shall be provided with pedestrian walkways
and shall have areas provided for the regular collection of solid
waste.
(10)
Lease or deed restrictions shall be required to insure that
individual mobile home occupants maintain their mobile homes and the
lots or spaces upon which they are located. Such maintenance shall
include landscaping, yard care and maintenance, refuse and trash collection
and proper disposal, installation and maintenance of skirting around
the mobile home or trailer, and the overall maintenance of the exterior
of any mobile home and trailer. Lease agreements or deeds for use
and/or purchase of mobile home spaces or lots shall be subject to
the approval of the Planning Board as to sufficiency in this regard.
(11)
No mobile home parked in a mobile home park shall be less than
14 feet by 60 feet or have a minimum habitable floor area of less
than 900 square feet.
(12)
All streets, parking areas and public areas within a mobile
home park shall be provided with adequate lighting.
(13)
There shall be a minimum of a thirty-foot buffer maintained
around any mobile home park. This area may be used for individual
mobile home space lot yard area, provided that no structure is placed
within it.
(14)
The replacement of a mobile home in a location on which a mobile
home was previously present is permitted as long as the new mobile
home is placed in the same or similar location (if the new mobile
home is larger or smaller than the original mobile home), and the
new mobile home is at least 14 feet by 60 feet or has a minimum habitable
square footage of 900 square feet.
[Added 11-8-2023 by Ord.
No. 35-2023]
C.
Permitted principal uses. See Schedule of District Regulations in
Attachment 1.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
D.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
A.
Purpose.
(1)
The purpose of the Laurel Lake Residential Zoning District is
to avoid inappropriate residential densities within areas that exhibit
or are prone to exhibit poor environmental conditions for septic systems.
Specifically, these are areas with a low depth to seasonal high water
table and/or soils with poor drainage characteristics. The uses in
the LLR District are similar to the Medium Density Residential Zoning
District, however, bulk requirements take into consideration the seasonal
high water table. Lot consolidation in the LLR District is encouraged
wherever possible to minimize impacts to groundwater from septic systems.
(2)
The Laurel Lake Residential District is situated within a residential
district that previously was within a Seasonal High Water Table/Critical
Areas overlay district. It is recognized that the development of any
parcel of land is impacted by existing environmental conditions, and
negative impacts on site development can be exacerbated by existing
dense development and small lot sizes. The Laurel Lake community was
developed without public water or sewer service and, in the 1920's,
the area was subdivided into over 3,700 small, twenty-foot-by-one-hundred-foot
lots that were developed over time. Approximately half of the lots
are developed for residential use and the remaining lots are either
vacant or municipally owned and have the potential for residential
development. Depending on the depth to the seasonal high water table,
a minimum of five lots, or potentially 20 contiguous lots are required
for development.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Applicability. The standards of the LLR District were developed based
on a special study of affected areas, adopted as part of the 1990
Master Plan, entitled "Land Use, Environmental Conditions and Alternative
Solutions for the community of Laurel Lake, Millville, New Jersey."
Based on the conclusions and recommendations of the aforementioned
report, the minimum lot size standards contained herein shall be strictly
enforced. Land falling within the following classification shall be
subject to the standards contained in this district:
(1)
Critical areas. Non-sewered land located within an LLR Zoning
District as shown on the City of Millville Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
Seasonal high water table (SHWT). All areas within the LLR where the seasonal high water table is encountered within 10 feet of the surface as indicated by mottling or other physical evidence. Such areas will include those soil classifications as contained in the "Soil Survey of Cumberland County." For purposes of this chapter, "seasonal high water table" is defined as the upper limit of the shallowest zone of saturation which occurs in the soil. Measurement of the seasonal high water table is more fully described in § 30-117.8E of this chapter.
E.
Regulations for the LLR District.
(1)
Minimum parcel size; SHWT factor.
(a)
Any use which is permitted in the LLR District shall be permitted
in the Critical Area/Seasonal High Water Table District, provided
that the minimum size parcel permitted for development is determined
in accordance with the following table:
|
Depth to Seasonal High
(in feet)
|
Minimum Lot Size
(square feet)
|
|---|---|
|
2 or less
|
40,000
|
|
3 to 4
|
30,000
|
|
5 to 7
|
20,000
|
|
8 to 9
|
16,000
|
|
10 or more
|
10,000
|
(b)
The SHWT factor shall be determined based on the average depth
to SHWT within the parcel considered for development and must be established
and certified by a licensed professional engineer. In determining
the SHWT factor, the depth to SHWT shall be rounded off to the nearest
even foot.
(c)
In establishing the average depth to SHWT, the engineer shall
provide a minimum of one soil boring to a depth of 10 feet at a location
being at the average elevation between the upslope and downslope sides
and as near to the center as possible of the parcel being considered
for development. The soil log shall describe in detail all profiles
and characteristics of the soils encountered. Additional soil borings,
topography and other site-specific information may be required on
parcels exhibiting extreme variations in site conditions, and shall
be provided as necessary to support the establishment of the average
depth to SHWT within the said parcel.
(2)
Any of the following uses are permitted uses in the Laurel Lake
Residential District without regard to SHWT, provided that no building
or structure, including swimming pools, driveways and parking areas,
or on-lot sewage disposal facilities, shall be constructed within
the critical area as herein defined.
(a)
Woodland preserves and open spaces.
(b)
Reforestation in accordance with recognized conservation practices.
(c)
Recreation uses.
|
In such case where there is a conflict between the minimum lot
size required based on depth to seasonal high water table and the
minimum permitted by the LLR Schedule of District Regulations, the
more stringent requirement shall apply.
|
(3)
In considering a development application for subdivision within
a critical area, the Planning Board shall place such conditions on
the development as may be necessary to ensure that the development
is designed in such a way as to minimize the impact of the development
on the critical area and on the public health, safety and welfare
of the City. Such conditions include, but are not limited to:
(a)
Prohibiting development in all or parts of the critical area;
(b)
Requiring deed restrictions governing uses of the critical areas
of the property;
(c)
Limiting tree or vegetation removal in the critical areas;
(d)
Limiting the size of the structure or the amount of disturbed
area;
(e)
Requiring specific erosion or stormwater quantity or quality
controls;
(f)
Acquisition of any other local, state, county or federal permits.
F.
Submission requirements.
(1)
Subdivision (major or minor). Any development application for
subdivision approval for lands within the areas regulated by this
chapter must submit to the Planning Board the following:
(2)
Single-family dwellings. Any person constructing a single-family
dwelling within the areas regulated by this chapter must submit to
the Zoning Officer the following:
G.
Exceptions and variances for critical areas.
(1)
Variances to the critical area regulations shall be heard as
"C" variances. The Zoning Board of Adjustment may grant a variance
to any provisions of these critical area regulations in accordance
with the procedures for a "C" variance. The Zoning Board may request
detailed plans, sketches, and the preparation of an environmental
impact study or modified form thereof. In considering such requests
for exceptions, the Zoning Board may refer the request for exception
to the City Engineer, Planner and County Board of Health for recommendations.
Such recommendations shall be made within 30 days after receipt of
referral. Where applicable, in accordance with the New Jersey Municipal
Land Use Law,[2] the Planning Board may act in place of the Zoning Board
of Adjustment.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Where actual site work demonstrates that the seasonal high water table estimate resulting from the soil boring as required in § 30-117.8E is incorrect, the zoning permit is no longer valid.
(3)
If a septic system design has been approved and permit issued
by the Cumberland County Department of Health for an affected parcel
prior to the effective date of this chapter, the minimum requirements
established by the LLR Zoning District shall be enforced for purposes
of obtaining a zoning permit.
A.
Purpose.
(1)
The vision for the Lakeshore Mixed Use Zoning District is for
mixed use development including residential, retail, professional
offices, continuing care retirement community, recreation and educational
facilities. The retail uses should be closer to Union Crossing Boulevard
and the residential uses should be closer to Union Lake. The Lakeshore
Mixed Use Zoning District should continue to preserve the environmental
integrity of Union Lake through proper mitigation measures that minimize
the effects of development, preserve the view of the lake, maintain
a corridor for wildlife along the lake's edge and provides appropriate
locations for passive recreation and other open space. Mixed use development,
which offers a diversity of uses and preserves a maximum amount of
woodland, is encouraged on this district.
(2)
The Lakeshore Mixed Use Zoning District provides flexibility
in the design of a mixed use project. The zoning shall be consistent
with any and all NJDEP regulations and shall maintain the proper riparian
buffer and threatened and endangered species habitat buffers. The
zoning encourages larger retail and office uses adjacent to the existing
hotel and access roads with less intense uses and more open space
moving toward Union Lake. A flexible long-range general development
plan is encouraged for this property to ensure it is developed in
a balanced manner.
B.
Permitted uses.
(1)
Planned mixed use development in accordance with a general development
plan that may consist of the following permitted uses:
(a)
Single-family detached dwellings.
(b)
Townhouses.
(c)
Offices.
(d)
Retail uses.
(e)
Service uses.
(f)
Continuing care retirement community.
(g)
Government buildings.
(h)
Retail uses.
(i)
Service uses.
(j)
Forestry and wildlife conservation areas or uses.
(k)
Parks, playgrounds, playfields and similar recreation facilities.
(l)
Educational facilities.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose.
(1)
The Downtown Commercial Zoning District is comprised of a mixture
of uses including commercial (primarily retail sales, services, restaurants
and taverns), civic uses, residences and ancillary apartments in mixed
use buildings. It represents the most compact development within Millville
and lends itself well to pedestrian circulation. The area is Millville's
traditional "Downtown," which was overwhelmingly developed in the
19th and early 20th centuries. Many of the older, multistory buildings
either have been or are ripe for rehabilitation. There were formerly
two overlay zones in the Downtown Commercial area, the Arts District
and the Traditional Neighborhood Development District. In addition,
Millville's designated Main Street is located in this zoning
district.
(2)
The purpose of the zoning district is to provide a variety of
walkable retail and commercial establishments with a focus on the
eclectic and the arts. The district serves the residents of the surrounding
high-density residential areas, as well as the rest of Millville and
the region. A broad selection of retail uses such as art galleries,
music and theater venues, dining, lodging, sales and personal and
professional services should be available throughout the district.
The establishments in this district should be convenient to City residents
but also be interesting in design and type to draw tourists from other
areas. The zoning should honor the history of the City while enhancing
the designated arts district by providing opportunities to artists
wishing to live and work within the district.
(3)
Principal uses should be broad and inclusive in order to avoid
the reoccurrence of common use variance requests. Formula stores and
chain stores are not permitted in the DC District unless they conform
to the City's character. Permitted uses in the district include
retail, restaurants and services that support the future Cumberland
Community College Arts and Innovation Center on High Street. Mixed
uses that include live/work space or residential units above commercial
storefronts should also be permitted. Uses that were permitted in
the Arts District Overlay and Traditional Neighborhood Overlay Districts
are permitted uses in the Downtown Commercial District, thereby eliminating
the need for both overlay districts.
B.
Permitted uses. The principal permitted uses in the DC District include
the following:
(1)
Municipal offices, fire stations, community meeting facilities,
post offices and similar governmental uses.
(2)
Libraries, museums, educational and cultural facilities.
(3)
Banks, savings and loan association, fiduciary, real estate,
insurance, post, professional or business offices.
(4)
Food services, including neighborhood bakeries, cafes, coffee
shops, grocery stores, restaurants, taverns and similar uses;
(5)
Retail uses, including artist and artisan galleries and supply
shops, bookstores, florists, hardware stores and specialty retail
stores.
(6)
Personal service shops including barber or beauty shops, dry
cleaners, shoe repair shops, television and radio repair shops and
travel agencies and offices;
(7)
Indoor theaters.
(8)
Artist studios, art performance space and galleries.
(9)
Live/work units that combine a residence on the second floor
and higher and the resident's workplace or studio on the first
floor.
(10)
Room accommodations, including bed-and-breakfast establishments,
small hotels or inns not exceeding 25 rooms.
(12)
Transit shelters for buses, rail and taxis.
(13)
Pocket parks, playgrounds, passive open space and natural areas.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Downtown commercial design elements. The following traditional neighborhood
design elements shall be included in new construction, reconstruction,
and conversions within the DC District:
(1)
Compact, using neighborhoods as basic building blocks for development;
(2)
Designed for the human scale;
(3)
Provides a mix of uses, including residential, commercial, civic
and open space, in close proximity to one another within the neighborhood;
(4)
Provides a mix of housing styles, types and sizes to accommodate
households of all ages, sizes and incomes;
(5)
Incorporates a system or grid pattern of relatively narrow,
interconnected streets with sidewalks, bikeways and transit that offer
multiple routes for motorists, pedestrians, bicyclists and alternative
modes of transportation and provides for the connections of those
streets to existing and future developments.
(6)
Retains existing buildings with historical features or architectural
features that enhance the visual character of the community;
(7)
Integrates natural features and undisturbed areas in the open
space plan; and
(8)
Utilizes public buildings, parks and other visual features as
landmarks, symbols and focal points for community identity or as a
town center.
A.
Purpose. The Neighborhood Commercial Zoning District is intended
for personal sales and services for the everyday needs of citizens
living in adjacent residential districts. Limits on building size
are designed to ensure comparability with scale of surrounding structures.
The district also permits professional office uses and single-family
detached residences, which are already found in some of these locations.
The areas are walkable to the adjacent residential areas but also
have parking for those traveling by car. Permitted uses include retail,
services, governmental, professional offices and restaurants.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The purpose of the Highway Commercial District is to provide
a variety of commercial establishments oriented to the auto-centric,
general public. A broad selection of retail uses such as dining, lodging,
sales and personal and professional services should be available on
both sides of High Street and North Route 47 and Wade Boulevard. Businesses
are convenient to all residents in the City and surrounding areas
and have a service radius that is generally broader than neighborhood
commercial uses but less than regional commercial uses. The zoning
district should preserve and enhance Wheaton Village's structures
and ongoing living history activities related to the 19th century
glassmaking industry and village life, craft and artisan activities,
commercial use of culturally significant production processes, related
retail opportunities and related recreational opportunities. Principal
uses are broad and inclusive in order to avoid the reoccurrence of
common use variance requests. Additional uses to accommodate the tourism
industry and medical and professional businesses are permitted in
this district.
B.
Permitted uses.
(1)
Retail stores and shops.
(2)
Personal service shops and offices.
(3)
Restaurant, fast food and other prepared food outlet.
(4)
Indoor and outdoor recreational uses such as theaters, auditoriums,
arenas, and indoor commercial recreation such as gyms, fitness centers,
bowling alleys, skating rinks, tennis and racquetball courts, and
miniature golf.
(5)
Banks, savings and loan associations, financial, insurance,
real estate, offices.
(6)
Supermarkets, variety, hardware, major appliance, furniture
and department stores.
(7)
Garden and nursery centers.
(8)
Commercial printing plants and offices.
(9)
Lumberyards.
(11)
Minor appliance, office machinery, camera and photographic supplies,
sales and service.
(13)
Sales and service of cars, trucks, boats, heavy equipment and
recreational vehicles.
(15)
Funeral home.
(16)
Urgent care clinic.
(17)
Municipal buildings and similar governmental uses.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The purpose of the Regional Commercial District is to develop
the remaining large tracts of available land in order to serve the
retail needs of Millville and the larger regional market. This area
is suited to accommodate the daily needs of local customers and be
a destination for tourists visiting Wheaton Village and the New Jersey
Motorsports Park seeking lodging, dining and other services during
their stay. The accessibility of this area will entice motorists traveling
on the Route 55 expressway, on their way to the Jersey Shore or other
points of interest in southern New Jersey, to shop and stay in Millville.
Uses in the Regional Commercial Zoning District should include compatible
large-scale development such as professional and business offices,
government buildings, entertainment centers and regional shopping
centers.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
A.
Purpose.
(1)
The Airport Enterprise Zoning District is intended to support
the airport and related aviation, transportation and manufacturing
establishments. These uses should continue to be permitted and if
expansion is necessary and zoning for this area is permissive and
supportive of the airport and its related uses. Attracting long-term
tenants to the vacant hangers at the airport will assist in increasing
economic activity. Tourism related activities that complement existing
uses are encouraged and permitted.
(2)
The Airport Enterprise District allows for the airport and associated
uses, such as aviation support and development, technology development,
industrial parks, recreational uses, research and development, retail
sales and tourist attractions. Expansion of these uses is permitted
and encouraged to continue the economic viability of this area. The
municipally owned John R. Hurley Industrial Park is situated in this
district. The John R. Hurley Redevelopment Plan has been adopted for
part of the Airport Enterprise District. All of these factors make
the AE District an ideal setting for aviation, automotive and renewable
energy industries as well as manufacturing, assembly, office, technology,
warehousing, and distribution. Improved access to Route 55 via an
extension of Nabb Avenue would benefit development of and access to
this area.
B.
Permitted uses.
(1)
General manufacturing, assembly and packaging of products including
but not limited to glass, plastic, paper, leather, metals or stones,
electric and electronic equipment, instruments, appliances, and machines.
(2)
Pharmaceutical and cosmetic manufacturing, packaging and assembly.
(3)
Plastic injection mold manufacturing, assembly and product distribution.
(4)
The manufacture, assembly, or distribution of solar or energy
products.
(5)
Light manufacturing, assembly, packaging, and distribution.
(6)
Scientific, medical, technology or specialized laboratory and
research development facilities.
(7)
Wholesale establishments.
(8)
Warehousing, or storage facilities and distribution facilities,
including refrigerated facilities.
(9)
Transportation depots, yards and maintenance for rail, truck,
bus and motor freight stations.
(10)
State-licensed cannabis cultivator (Class 1), cannabis manufacturer
(Class 2), cannabis wholesaler (Class 3), and cannabis distributor
(Class 4).
(11)
Airports and related facilities.
(12)
Air transportation facilities including shelter, terminals,
supply and repair of aircrafts, and related passenger facilities.
(14)
Restaurants and convenience stores primarily for the use and
to meet the needs of air passengers and uses in this district.
(15)
Microbreweries and distilleries in accordance with state license
requirements.
(16)
Agricultural uses in existence prior to December 31, 2022.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings. Single-family dwellings as an accessory use to agricultural
uses in existence prior to December 31, 2022, are also a permitted
accessory use. Single-family accessory uses may be added after December
31, 2022, according to the Schedule of Bulk Requirements in Attachment
1.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose.
(1)
The Business Enterprise Zoning District is intended to support
existing and expanding industrial uses while encouraging adaptive
reuse of vacant buildings and underutilized properties. Where traditional
manufacturing or heavy industrial uses exist and need to expand, the
BE zoning policy is permissive and supportive. There is also the opportunity
to develop new creative uses and standards for the adaptive reuse
of large vacant industrial buildings that may be repurposed to other
lighter uses. The vision for this district is to preserve existing
manufacturing, repurpose vacant buildings, develop undeveloped properties,
and promote new uses that are compatible with the surrounding area
but require more floor area and parking than are available in the
typical downtown property.
(2)
This district encourages traditional heavy and medium industry
as well as technology and research center uses. Adaptive reuse categories
for the creative repurposing of existing vacant buildings is encouraged.
Professional and educational uses that can be clustered within the
reuse of an existing building or may require more parking than typically
available in the downtown are to be permitted, along with other supportive
uses that can conveniently serve employees working in the industrial
parks.
B.
Permitted uses.
(1)
General manufacturing, assembly and packaging of products including
but not limited to glass, plastic, paper, leather, metals or stones,
electric and electronic equipment, instruments, appliances, and machines.
(2)
Pharmaceutical and cosmetic manufacturing, packaging and assembly.
(3)
Plastic injection mold manufacturing, assembly and product distribution.
(4)
The manufacture, assembly, or distribution of solar or energy
products.
(5)
Light manufacturing, assembly, packaging, and distribution.
(6)
Scientific, medical, technology or specialized laboratory and
research development facilities.
(7)
Wholesale establishments.
(8)
Warehousing, or storage facilities and distribution facilities,
including refrigerated facilities.
(9)
Transportation depots, yards and maintenance for rail, truck,
bus and motor freight stations.
(10)
Gasoline service stations, automotive repair garages.
(11)
Heavy equipment sales and service.
(12)
Restaurants/cafes.
(13)
Incubator or multi-use facilities for manufacturing, research
and development, distribution, and business and professional offices
such as finance, technology, insurance, medical, energy, education
or government.
(14)
Services such as pest control, landscaping, janitorial, cleaning
or site work.
(15)
State-licensed cannabis cultivator (Class 1), cannabis manufacturer
(Class 2), cannabis wholesaler (Class 3), and cannabis distributor
(Class 4).
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose.
(1)
The purpose of the Motorsports Enterprise District is to set
forth regulations that authorize a form of planned commercial development
for a specific land use activity that is unique to a small number
of communities. This planned commercial development provides flexible
layout and design standards for commercial, entertainment and recreational
uses related to motorsports that also will ensure the substantial
preservation of the natural setting and unique characteristics of
the zoning district.
(2)
The Motorsports Enterprise Zoning District is intended to support
the New Jersey Motorsports Park, New Jersey Field of Dreams and any
future entertainment, manufacturing and/or research and development
establishments particularly focused on motorsports or recreation related
applications. This area is intended to permit and promote the expansion
of support facilities that cater to drivers, owners, event participants,
and visitors such as innovative technology development, motorsport
design and manufacturing facilities, overnight accommodations, exotic
car garages and related spectator events. This area is and can continue
to be a significant economic asset. This district should also accommodate
the development of associated uses and new recreational and sports
related industries that encourage development of other supportive
uses or complementary recreational sports activities. To continue
economic development in this area and City-wide, it is important that
all motorsports facilities, innovative technologies, related manufacturing,
new recreational uses, and tourism-related support amenities be permitted
and encouraged in this district.
C.
General criteria for eligibility.
(1)
The following general criteria shall govern the eligibility
of an application for development of this type of planned development:
(a)
A minimum of 450 acres shall be required for the Motorsports
Enterprise District. The planned commercial development shall be designed
as one comprehensive development showing how each individual element
relates to the whole, including the construction or relocation of
streets to be dedicated to public use.
(b)
Municipal sewage shall be available to the project site or planned
to be online at the time of project occupancy.
(c)
Municipal water shall be available to the project site or planned
to be online at the time of project occupancy.
(d)
Planned motorsports enterprise development may be built in stages,
provided the applicant can demonstrate to the satisfaction of the
Planning Board the following:
[1]
The plan submitted for preliminary approval shall
delineate each phase and include an expected construction schedule.
[2]
Each stage of the planned development shall be
substantially self-functioning and self-sustaining with regard to
traffic circulation and access, utility services, off-street parking
and loading and open space.
[3]
Each stage shall be properly related to every other
stage of development and the neighborhood and community as a whole
and to all essential services needed in the future to accommodate
the proposed development.
(e)
One person or one legal entity shall own or control by deed,
contract, option, or other legal instrument the land area at the time
that the development application is filed.
D.
Land use and design standards. The General Development Plan (GDP)
shall set forth the permitted uses and location of such uses and all
buildings, and the plan for open space, in its entirety, according
to a schedule which sets forth the timing of various sections of the
development. The GDP and the site plan shall conform to the following
land use standards and design standards in addition to the bulk, coverage
and other standards listed above:
(1)
Land use standards.
(a)
Permitted uses include: racetracks for on-site racing of vehicles;
conference and convention centers; professional and general business
offices; restaurants; hotels and motels; condominiums or villas; retail
sales offices; professional business offices; recreation and entertainment
facilities; including but not limited to campgrounds, picnic grounds,
sports and athletic clubs and facilities, swimming pools, and tennis
clubs; grandstands and areas for spectators; motorsports schools or
training academies; radio or television broadcasting stations or towers;
heliports or helistops; museums and art galleries; private clubs;
public buildings such as fire or police substations or schools; public
utilities or services such as generating or treatment plants, pumping
or regulator stations or transmission lines; assembly halls; golf
courses; bars or cocktail lounges as an accessory to a private or
recreational club or as part of a hotel development; outdoor stadiums;
off-street parking and loading areas; vehicle sales; and special events
with the necessary events permit.
(b)
Accessory uses include: essential services; parking; signage;
uses customary and incidental to various types of car racing, including
garages for storage, maintenance and repair of cars and trailers;
bleachers; and dormitories for use during racing and special events
by event staff and participants.
(c)
Uses shall be arranged so that accesses, circulation, landscaping,
and open space serve the entire development.
(d)
There shall be 100 feet of buffer around the perimeter of the
planned commercial development. This buffer may consist of natural
areas, berms, landscaping or other pervious developed open lands or
open space.
(e)
Night racing utilizing the oval racing track shall be prohibited.
Additional time during evening and night hours shall be allotted to
enable cleanup and the closing of the track.
(f)
No more than six major public spectator races having an attendance
of 10,000 people per event shall be held annually on the oval track.
(2)
Circulation standards:
(a)
A traffic circulation plan for both on-site and off-site traffic
shall be submitted as part of the overall site plan for each phase
of the project. The off-site traffic impact analysis plan shall reference
any existing studies completed within the last three years on roadways
surrounding the site. The plan shall also include the estimated impact
on the affected roadways at the build out of the proposed project.
The design and construction of internal roadways and access roads
for operational use shall be approved by the City Engineer.
(b)
Streets contained within the development shall conform to the
design standards for each type of use contained in this chapter or
the design standards contained in this chapter. The City has the right
to refuse to accept streets proposed as public streets if they do
not meet these standards or if a waiver has not been granted.
(c)
Clear sight triangles shall be required where streets intersect
dedicated public streets. A distance of 300 feet shall be maintained
clear of obstructions measured from the stop signs of the streets
within the development.
(d)
Principal vehicular access points shall be designed to encourage
smooth traffic flow with controlled turning movements and minimum
hazards to vehicular and pedestrian traffic.
(f)
A plan for a service or access roadway capable of providing
ingress and egress for emergency and service vehicles without hindrance
by spectator or participant traffic.
(3)
Open space standards.
(4)
Local service and utility standards.
(a)
The development shall be serviced by the municipal wastewater
collection and treatment system. The developer shall design and construct
the on-site system to tie into the municipal system.
(b)
The development shall be serviced by the municipal water system.
The developer shall design and construct a system on site to tie into
the municipal water system.
(c)
All electric, telephone, television and other communications
facilities, both main and service lines, shall be provided within
easements or dedicated public right-of-way and installed in accordance
with the prevailing standards and practices of the utility or other
companies providing such services. The placement and alignment of
the poles shall be designed to lessen the visual impact of overhead
lines.
(d)
The developer shall provide adequate and efficient methods for
handling solid waste disposal, including materials that are required
to be recycled pursuant to municipal ordinance.
(e)
All temporary or portable sanitation facilities must be noted
on a plan approved by the county health department as being adequate
for anticipated attendance at any activity or event.
(5)
Stormwater management standards.
(a)
All stormwater management systems shall be designed and engineered
in accordance with the best available technology and in consultation
with the City of Millville Engineering Department.
(b)
A stormwater management system shall be designed and engineered
to prevent an increase in nonpoint source pollution to the greatest
extent feasible. The runoff collection system shall be designed to
prevent watershed runoff to the greatest extent feasible.
(6)
Environmental and visual standards.
(a)
The design and placement of the racetracks and any structures
shall be made in a manner to integrate the development attractively
and harmoniously with its surroundings to enhance the natural features
of the site.
(b)
Careful attention shall be given to the design and quality of
all structures and site amenities so that they are compatible within
the development and compatible with the natural landscape.
(c)
Grading and construction plans shall comply with applicable
soil erosion and sediment control regulations.
(d)
Adequate and functional lighting shall be located so as to provide
maximum aesthetics and safety while minimizing glare off site.
(e)
All delivery areas are to be located at nonpublic entrances
to the structures.
(f)
Trash collection areas are to be adequately screened by berms,
plantings or fencing.
(7)
Signage.
(a)
All identification, traffic circulation, and on-site advertising signs shall be governed by Article XXIII, § 30-264. All signage that is connected with a site plan for a permitted use in the district shall be reviewed at the time of the submission of the site plan for any future development at a site.
(8)
Waivers and adjustments.
(a)
The Planning Board may grant a waiver or an adjustment to a
particular design or performance standard contained in this article
if the Board finds that the use of a more flexible design or performance
standard will achieve or enhance the benefit intended by this chapter.
No design or performance standard contained in this chapter shall
be waived where it adversely affects the public health, safety, or
general welfare.
(b)
The Planning Board shall have the authority to increase or decrease
the buffer required herein around the perimeter of the property where
the Board finds that the existing residential property lines are close
or distant from the racetracks proposed and barriers to sound currently
exist or are proposed for the development.
(9)
Motorsports scheduling and special events permits.
(a)
The developers/operators shall submit for advisory purposes
an annual schedule of races and motorsports-related events by February
1 of each year, beginning in the second full year of operation, to
the City Clerk. The City Clerk shall be notified of any significant
changes to the proposed schedule, including cancelled events or added
events.
(b)
An annual schedule of all nonmotorsport special events, as defined
in the definitional section herein, must be submitted to the City
Clerk. The City shall be advised of any changes to the nonmotorsports
special events schedule.
(c)
For nonmotorsports special events expected to attract visitors
of 10,000 people or more, based upon contract arrangements and expected
ticket sales, the event organizers must acquire a special events permit
from the City of Millville City Clerk's office. This permit shall
encompass all planned special events under one permit for the calendar
year.
(d)
For all events expected to attract 10,000 spectators or more,
there must be on file in the City Clerk's office a standard plan
for crowd control, traffic flow and control, fire protection and medical
emergencies, and trash collection. This plan is intended to maintain
an orderly flow of spectators and traffic and to prevent spillover
or trespass on adjoining properties that are not intended as the location
of the proposed event. This standard procedures plan shall be submitted
to the City Clerk's office 30 days prior to opening the premises
and shall remain on file with the City Clerk's office and is
subject to the review and approval of the Police Chief, Fire Chief,
and Rescue Squad Chief, who may conduct a periodic review of said
plan.
(e)
In the event any of the aforementioned plans are found to be
inadequate by the City professionals or consultants, the developers
shall be notified and provided a reasonable amount of time to correct
any deficiencies and resubmit said plan.
(f)
The Board of Commissioners and its assigns shall have the right
to immediately revoke any permit issued under this section upon noncompliance
with any of its provisions or conditions, provided the developer/operator
has been provided at least 30 days' notice of said violations
without compliance.
A.
Purpose. The intent and purpose of the Farmland Production District
is to preserve and enhance the economic viability and quality of existing
agriculturally productive lands, farms, and agricultural homesteads
as well as maintaining a rural, low-density environment. Residential
densities in the Farmland Production District should be a minimum
of one unit per 10 acres in order to discourage overconsumption of
prime cropland. In addition, other regulatory techniques such as mandatory
clustering should be required in order to avoid developing deep, narrow
lots along existing roadways. Deference should be given to the City's
goal of preserving 50% of Millville's land in open space, farmland
and forest.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Purpose. The purpose of any future zoning for these areas is to safeguard
the natural beauty of Millville, preserve significant environmental
features and improve the quality of air and water in Millville by
protecting steams, wetlands, floodplains, and important woodlands.
The vision for the Open Space District is to form a regional greenway
by connecting existing open space and parklands. Areas situated in
the Open Space District have the most restrictions since the intent
of the district is to restrict future residential or commercial development.
Uses are limited to agriculture, active and passive recreation, conservation,
habitat enhancement and stormwater management facilities to achieve
the City's goal of preserving 50% of Millville's land in
open space, farmland and forest. The River Conservation Zone regulations
that were crafted as part of the Congressionally designated National
Wild and Scenic Rivers program to continue to provide additional protection
to this sensitive environment.
B.
Permitted uses. The following uses are permitted:
(1)
Conservation activities.
(2)
Passive recreational uses including pedestrian, equestrian,
and unmotorized bicycle trails, provided that there is minimal disruption
of wildlife habitat and minimal clearing. Shooting ranges are not
permitted.
(3)
Hunting and conservation lodge limited to 10,000 square feet
of floor area.
(4)
Nurseries and forestry and reforestation uses with approved
management plans.
(5)
Rural infill single-family detached dwelling use, provided that
the approving authority determines that each of the following standards
are fully met or variance granted:
(a)
The property or tract contains at least five contiguous acres
in single ownership, described in one all-inclusive deed.
(b)
The density shall not exceed one dwelling per 2 1/2 acres.
(c)
The maximum number of new lots created shall be two.
(d)
The tract of land shall be surrounded by existing residential
development on 75% of its abutting perimeter.
(e)
Each lot can meet the area, yard, height and lot coverage standards
for single-family detached dwellings in the OS District without variance.
(f)
The design of the housing, including landscaping, buffering,
screening and siting of the dwelling units, is in harmony with the
surrounding residential uses.
(g)
The soils are satisfactory for the design and construction of
the septic system in accordance with N.J.A.C. 7:9A and the Cumberland
County Board of Health permit requirements and will not result in
detrimental impacts to the ground or surface water; or public sewer
connection can be obtained.
(h)
A deed restriction will be recorded prohibiting any further
subdivision of the properties.
(6)
Site or route location, construction, or enlargement of:
(a)
Public utility transmission lines.
(b)
Publicly provided access sites, roads, bridges only with appropriate
review and approval of permits required by local, state, and federal
agencies, including but not limited to the Board of Public Utilities
and the New Jersey Department of Environmental Protection.
(7)
Maintenance and repair reasonable and necessary for the continuance
of an existing.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Open space conservation standards. All land uses shall comply with
the following standards:
(1)
For any lot which contains stream frontage, a vegetative buffer,
composed of indigenous species, extending at least 50 feet in depth
measured landward from the bank of the stream shall be maintained.
(a)
Any lot, existing at the time of the adoption of this chapter,
that does not contain sufficient depth, measured landward from the
ordinary high-water mark or approved wetlands delineation, as applicable,
may be permitted to provide a reduced buffer strip of up to a 50%
reduction. This reduced buffer does not apply to any new structures
or development.
(b)
For the purposes of providing pedestrian access to the waterfront,
an opening of not more than 10 feet in width may be excluded from
the buffer requirements.
(2)
The removal of natural vegetation shall be controlled. In Coastal
Facilities Review Act[2] (CAFRA) areas, more restrictive measures regarding the
removal of natural vegetation may be imposed by New Jersey Department
of Environmental Protection (NJDEP). In non-CAFRA areas, the following
shall apply:
(a)
Clear-cutting shall be prohibited, except as necessary for constructing
public facilities, roadways, utilities and parking areas.
(b)
Natural vegetation shall be restored insofar as feasible after
any construction project.
(c)
Selective cutting of trees and underbrush shall be allowed as
long as sufficient cover is left to screen structures if in sight
lines of a waterway.
(d)
Dead, diseased, unsafe or fallen trees and invasive vegetation
may be removed.
(e)
The selected removal or trimming of trees for timber harvest
access, or woodlot improvements, landscaping, or public utility lines
to service private single-family dwellings and other permitted uses
is permitted.
(f)
No more than 20% of vegetation from any lot area shall be cleared.
[2]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
(3)
Pollution shall be controlled. The location and nature of the
septic systems must ensure that effluent from the septic tank(s) will
not reach the ground or surface waters in a condition which will contribute
to health hazards, taste, odor, turbidity, fertility, or otherwise
impair the character of the adjacent or nearby waterway. All sanitary
waste disposal facilities must conform to the requirements of N.J.A.C.
7:9A and the permit specifications of the Cumberland County Board
of Health.
(4)
Grading and filling procedures to prepare for permitted development
must meet the following standards:
(a)
The least amount of bare ground shall be exposed for as short
a time as feasible.
(b)
Temporary ground cover, such as mulch, shall be used and permanent
vegetative cover, such as sod, shall be provided.
(c)
Methods to prevent erosion and trap sediment shall be employed.
(d)
Fill shall be stabilized to accepted engineering standards.
(e)
All federal, state, or local permits must be obtained.
(f)
Applicant must provide a justification for the necessity of
requiring fill and/or extensive grading.
F.
Prohibited uses. All uses not specifically permitted by right are
prohibited in the Open Space District.
G.
Site plan design criteria. In addition to the site plan and subdivision criteria contained in Article VI of this chapter, the Planning and/or Zoning Board shall also consider whether uses proposed for site plan or subdivision approval in the Open Space District meet the following design criteria:
(1)
Situated on a portion of the site that will most likely conserve
shore land vegetation and the integrity of the buffer strip.
(2)
Integrated into the existing landscape through features such
as vegetative buffers and through retention of the natural shoreline
and the preservation of ground cover.
(3)
Will not result in erosion or sedimentation.
(4)
Will not result in water pollution.
(5)
Situated on the most suitable soils for subsurface septic disposal
as provided in the Cumberland County Soil Survey.
(6)
Situated on the least important soils for natural vegetation
important to wildlife as provided in the Cumberland County Soil Survey.
(7)
Grading and filling for the purpose of preparing a parcel for
permitted development, provided that the Planning Board determines
that each of the following conditions are met:
(a)
The smallest amount of bare ground shall be exposed for as short
a time as feasible.
(b)
Temporary ground cover, such as mulch, shall be used and permanent
vegetative cover, such as sod shall be provided.
(c)
Methods to prevent erosion and trap sediment shall be employed.
(d)
Fill shall be stabilized to accepted engineering standards.
(e)
All federal, state, or local permits must be obtained.
(f)
Applicant must provide a justification for the necessity of
requiring fill and/or extensive grading.
H.
Hardships, exceptions and variances. To avoid undue hardship, nothing
in this section shall be deemed to require a change in design, construction,
or intended use of any structure for which a building permit was legally
issued prior to the effective date of this chapter. Such construction
shall be completed within two years from the effective date of this
chapter, or such construction shall conform to the standards contained
herein.
I.
Pesticides, herbicides and fertilizers. Because of the potentially
severe adverse effects on riverfront vegetation, fish, wildlife, and
water quality from improper use of even small amounts of pesticides,
herbicides and fertilizers, their use on lands within the Open Space
District is strongly discouraged except when utilized in accordance
with the advice and supervision of qualified professionals.
A.
Purpose. The purpose of the Institutional District is to include
developed parcels that contain civic and governmental facilities and
associated uses in a zoning district that permits the institutional
land uses to continue in their present location or to expand, as necessary.
B.
Permitted uses. The following buildings, structures, or land used
for public and public/private purposes are permitted principal uses
when engaged in public service and of a non-profit nature.
C.
Accessory buildings, structures or use. A building, structure or
use customarily incidental and subordinate to the principal use of
land or buildings and located on the same lot with such principal
use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations
in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
