[Amended 8-17-2004 by Ord. No. 23-2004; 12-7-2004 by Ord. No.
42-2004; 3-7-2006 by Ord. No. 8-2006; 7-17-2007 by Ord. No.
24-2007; 10-21-2008 by Ord. No. 29-2008; 8-3-2010 by Ord. No.
14-2010; 11-15-2021 by Ord. No. 30-2021; 8-2-2023 by Ord. No. 19-2023]
A.
Purpose. It is the intent of this section to promote a desirable
aesthetic and visual environment in all zoning districts within the
City, and to promote the free flow of pedestrian and vehicular traffic
within the commercial districts, including the Central Business District.
B.
Permits required. In all zones, fences, walls, and hedges may be
located within the property boundaries so long as they are authorized
by a zoning permit and do not encroach on any public right-of-way
or any adjacent property line. Further, the fence, wall or hedge cannot
exceed the height of 36 inches in the required front yard building
setback area for the zoning district in which the fence, wall or hedge
is located. This height may be increased to 48 inches where the fence
is no more than 25% opaque. Fences, walls, and hedges located along
the portions of the side property lines which are outside the required
front yard building setback area and fences, walls and hedges located
along rear property lines may not exceed six feet in height without
site plan approval from the local planning board or zoning board of
adjustment. In order to provide an avenue for the aesthetic integrity
of fences, walls or hedges, the regulations shall permit the "scalloping"
of the height of the fence, wall or hedge so that the fence, wall
or hedge is not required to reduce its height from six feet to three
feet immediately at the front yard building setback line. Zoning permits
shall be required for all fences, walls and hedges covered by this
subsection. Construction permits shall be required for all fences
over six feet in height.
(1)
Exception. Fences in all industrial zones shall be allowed to be
eight feet high, provided they are constructed of a material that
is at least 50% see-through so that police, fire, EMS, and other public
safety officers and officials can see into the complex.
C.
Other codes. All fences, walls, and hedges shall be maintained in
accordance with all applicable City of Millville codes and all fences
that serve as barriers to private and public swimming pools shall
conform to all applicable City of Millville codes and all state regulations.
D.
General standards. It is not the intent of this section to set forth
approved materials for the construction of fences and walls. This
can be reviewed and approved by the appropriate official or board.
However, the construction materials used shall be consistent with
the aesthetic and visual environment of the particular zoning district
where the fence or wall is to be erected. Furthermore, within the
DC-Downtown Commercial District, construction shall conform to the
extent possible with the aesthetic and visual standards established
by the streetscape constructed by the City.
E.
Agriculture. This section shall not apply to fences, walls and hedges
that are constructed to control pests and predators on farmland pursuant
to N.J.S.A. 4:1C-9 of the Right to Farm Act, provided that the construction
or erection is in accordance with approved management practices established
by the State Agriculture Development Committee.
Any residential use with direct access to a public street or
right-of-way, except apartment units, may be used for the practice
of home occupations, subject to the following:
A.
No home occupations shall require interior or exterior alterations
of the principal structure.
B.
Home occupations shall be limited to one per principal structure
and shall be operated by a resident(s) of the dwelling unit in which
it is located.
C.
No display of products shall be visible from the street, and the
sale of merchandise on the premises shall be prohibited.
D.
No more than 20% of the principal residential structure nor more
than 300 square feet of an accessory structure shall be used or occupied
by the home occupation.
E.
In the case of home professional occupation as defined in § 30-4, the use shall:
(1)
Be carried on entirely within the principal structure.
(2)
Not occupy more than 25% of the principal structure, except in the
case of a professional office as permitted under § 30-131A(2)
wherein the maximum area so utilized shall not exceed 50% of the habitable
floor area of the principal structure.
(3)
Permit the employment of no more than one employee not living on
the premises, except in the case of professional office as provided
in § 30-131A(2) where the number of employees not living
on the premises shall not exceed two.
No use shall be permitted within the City of Millville which
does not conform to the standards of use, occupancy and operation
contained in this section. The standards contained herein are hereby
established as the minimum requirements to be maintained within the
City of Millville in all cases, except where superseded by a state
or federal agency requirement having jurisdiction.
B.
Odor. No emission of odorous gases or other odorous material shall
be permitted in such quantity as to be offensive at the lot lines
or beyond.
C.
Glare or heat. Any operation producing intense glare or heat shall
be performed within a completely enclosed building so that no operation
will produce heat or glare beyond the property line of the lot on
which the operation is located.
D.
Radiation. No activity involving ionizing radiation shall be permitted
which will cause radiation at any point on or beyond any lot line
in excess of limits contained in the United States Nuclear Regulatory
Commission's Rules and Regulations as amended from time to time.
E.
Vibration. Every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible without instruments
at any point on or beyond any lot line on which the use is located.
F.
Smoke. There shall be no emission of smoke from any source whatever
to a density greater than that prescribed by the laws of the State
of New Jersey.
G.
Toxic or noxious matter. No use shall, for any period of time, discharge
any toxic or noxious matter in such concentration as to be detrimental
to or endanger the public health, safety, comfort, or welfare or cause
injury or damage to property, business, marine life or wildlife.
H.
Dust or dirt. No emission which can cause any detrimental effect
on human beings, animals, vegetation or property or which can cause
an excessive soiling at any point, and in no event any emission from
any chimney or otherwise of any solid or liquid particles shall be
permitted in excess of that prescribed by the laws of the State of
New Jersey.
I.
Fire and explosion hazard. All industrial activities shall be carried
on in such a manner and with such precaution against fire and explosion
hazards as to produce no explosion hazard, as determined by state
or local officers, to a use on an adjacent property. Free- or active-burning
materials shall be enclosed with noncombustible walls and shall be
set back at least 40 feet from any lot line or shall be protected
with automatic sprinklers. Materials or products which produce flammable
or explosive vapors under ordinary weather temperatures shall be adequately
safeguarded.
J.
Liquid or solid waste.
(1)
No discharge at any point into any private sewage disposal system
stream or into the ground or any materials in such way or of such
nature or temperature as can contaminate any water supply or otherwise
cause the emission of dangerous or objectionable elements shall be
permitted except in accordance with the standards approved by the
County Board of Health and the State Department of Health where it
has jurisdiction; or, in the event that such standards as may be required
for controls are not included in such department, then standards equivalent
to those shall apply. No accumulation of solid waste conducive to
the breeding of rodents and insects shall be permitted, and no materials
or wastes shall be deposited upon any lot in such form or manner or
quantity as may be transferred off that lot by natural causes or forces.
(2)
Effluent from a treatment plan shall at all times comply with the
following standards:
(3)
Maximum quantity of effluent shall be 10% of the minimum daily stream
of flow.
(a)
Maximum five-day biochemical oxygen demand shall be 25 parts
per million.
(b)
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent multiplied by quantity divided by quantity of stream flow)
shall be 25 parts per million.
(c)
Maximum total solids shall be 5,000 parts per million.
(d)
Maximum phenol shall be 0.01 part per million.
(e)
No effluent shall contain any other acids, oils, dust, toxic
metals or corrosive or other toxic substances in solution or suspension
which would create odor, poison or otherwise pollute any stream in
violation of applicable laws of the State of New Jersey.
K.
Electromagnetic interference. No activities shall be permitted, except
domestic household appliance use, which produce electromagnetic interference
in excess of standards prescribed by the Federal Communications Commission.
L.
Buffer zones. Any permitted industrial use located adjacent to a
district boundary line shall observe a building line setback of 200
feet from the district boundary line. This area shall constitute a
buffer zone that may be utilized only for Planning Board approved
uses.
Off-street loading requirements and maneuvering space shall
be provided for the loading and unloading of vehicles on the lot on
which is located the use for which the loading space is required as
set forth herein:
A.
A minimum of one space per nonresidential use shall be provided,
except that, where more than one use shall be located in one building
or where multiple uses are designed as part of a self-contained complex,
the number of loading spaces shall be based on the cumulative number
of square feet within the building or complex and shall be dispersed
throughout the site to best serve the individual uses.
B.
There shall be at least one central point for trash/garbage pickup
in multifamily and nonresidential uses which shall be separate from
parking and loading areas by locating such facility either within
a building or outside the building in totally enclosed metal container(s),
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, doorway(s) may serve
both the loading and trash/garbage collection functions. If a container
is used outside the building, it may be located adjacent to or within
the general loading area(s), provided that the container or containers
do not interfere with or restrict in any manner loading and unloading
functions.
C.
The minimum number of loading spaces required shall be:
(1)
Funeral homes: one space per 2,500 square feet of floor area. Dimensions
of a loading space may be reduced to 33 feet by 12 feet.
(2)
Hospitals, nursing and convalescent homes and sanatoria: one space
per 10,000 square feet of floor area and exclusion of any emergency
vehicle loading space.
(3)
Retail stores: one space for every 4,000 square feet of gross floor
area.
(4)
Office uses: one space for every 20,000 square feet of gross floor
area.
(5)
Warehousing, indoor storage, shipping and receiving: one space for
every 10,000 square feet of gross floor area.
(6)
Research, testing, laboratory, manufacturing and assembly: one space
for every 20,000 square feet of gross floor area.
(7)
Public and quasi-public office buildings: none.
(8)
Schools, philanthropic institutions, assembly halls: one space for
every 20,000 square feet of gross floor area.
D.
Within the DC-Downtown Commercial District, the Planning Board may
waive the requirement for off-street loading space where constraints
of land and access do not make provision of same feasible in the reasonable
opinion of the Planning Board. Wherever possible such loading space
shall be provided.
E.
Where any use is located on a tract of at least 50 acres and no portion
of a loading area, including maneuvering areas, is closer than 200
feet to any property line and where the length of the driveway connecting
the loading area to the street is at least 300 feet, the number of
off-street loading spaces may be fewer than the number required by
the above schedule, provided that the applicant, as part of the site
plan application, shall indicate on the site plan and shall document
to the approving authority that the number of spaces to be provided
will be adequate to meet the needs of the specific use proposed.
F.
The conformance for any use requiring loading facilities shall remain
valid so long as such facilities are provided and maintained in accordance
with the following requirements:
(1)
They shall be provided and maintained so long as the use exists which
the facilities are designed to serve; and
(2)
Reasonable precautions shall be taken by the owner or sponsor of
particular uses to assure the availability of required facilities
to the delivery and pickup vehicles that they are designed to serve.
G.
Access to loading space shall be provided directly from a public
street or alley or from any right-of-way that will not interfere with
public convenience, and that will permit orderly and safe movement
of truck vehicles.
H.
Loading space(s) as required under this section shall be provided
as area in addition to off-street parking space and shall not be considered
as supplying off-street parking.
I.
Off-street loading and unloading areas shall be surfaced with a dustless,
durable, all-weather pavement, which shall be adequately drained,
all subject to the approval of the City Engineer.
J.
Any use which can reasonably be expected to have a number of trucks
making deliveries or pickups on a daily basis which may require delays
in order to make such delivery or pickup shall, in addition to any
required loading space, provide a truck waiting or standing area in
order to avoid undue interference with the public use of streets or
alleys.
A.
Purpose. This section sets minimum standards for off-street requirements
for new construction and expansion of or changes to existing uses.
The purpose of this section is to ensure that uses have a minimum
level of off-street parking to avoid congestions on surrounding streets
while avoiding excessive parking which dries up the cost of development,
invites excessive levels of traffic congestion and creates increases
in flooding and nonpoint source pollution. The parking ratios contained
herein reflect the City's commitment to reduce its impact on
the environmental and natural resources as outlined in the Environmental
Sustainability Element of the Master Plan. The parking standards advance
the goal of reducing runoff volume and providing water quality benefits.
B.
General applicability. The minimum parking ratio standards apply
to all zoning districts except the DC-Downtown Commercial District.
The Zoning Officer shall determine the parking requirement for uses
that do not correspond to the categories listed in the Parking Requirements
Table. In such instances the applicant shall provide adequate information
as requested by the Zoning Officer in order to make a determination.
C.
Multiple uses. Where the application identifies accessory or multiple
uses within a structure or multiple structures, the minimum standards
shall apply to each use or structure. This does not apply to shared
parking.
D.
Shared parking. Parking spaces required by this section may be provided
cooperatively for two or more uses in a development or for two or
more individual uses, subject to the requirements of this section
and the following conditions:
(1)
The off-site, off-street parking facilities are within 300 feet of
the property.
(2)
The parking demands of the individual uses, based upon the minimum
parking requirements of this section, are such that the total parking
demand of all the uses at any one time is less than the total parking
stalls required.
(3)
A written agreement between the owners and lessees is executed for
a minimum of five years and a copy of said agreement is maintained
in the Planning office. The Planning Board shall be notified when
any agreement is canceled or expires. Should the lease terminate,
the lessee must return to the Planning Board with a revised parking
plan.
E.
Bicycle parking. Bicycle parking spaces shall be required for all
nonresidential uses and structures. One bicycle parking space shall
be required for each 20 parking spaces. Such spaces may be provided
through bicycle storage racks or other fixtures securely affixed to
the ground.
F.
Parking ratios. The following table establishes the minimum number
of parking spaces required for the uses indicated:
|
Parking Requirements Table
| |
|---|---|
|
Use
|
Number of Spaces
|
|
Residential
|
Per Residential Site Improvement Standards (RSIS)
|
|
Commercial and Retail Uses
| |
|
Hotels
|
0.8 per room plus 1 per 800 square feet of meeting area and
restaurant space plus 1 per employee
|
|
Bed-and-breakfast inn
|
1 per guest room plus 2 spaces for owner
|
|
Restaurants
|
1 per 3 seats
|
|
Bars, taverns and nightclubs
|
1 per 2 seats
|
|
Fast-food restaurants
|
1 per 150 square feet of GFA
|
|
Drive-through food service
|
1 per 250 square feet of GFA and the ability to stack 8 cars
|
|
Supermarkets
|
1 per 250 square feet of GFA
|
|
Department store, standalone
|
1 per 300 square feet of GFA
|
|
Neighborhood or regional shopping center
|
4 per 1,000 square feet of shopping center GFA
|
|
Retail stores
|
1 per 250 square feet of GFA
|
|
Big-box retail stores
|
1 per 500 square feet of GFA
|
|
Convenience stores
|
3 per 1,000 square feet of GFA
|
|
Warehouse
|
1 per 7,500 square feet of GFA
|
|
Office or bank building
|
1 per 250 square feet of GFA
|
|
Professional or medical office
|
1 per 300 square feet of GFA
|
|
Industrial
| |
|
Industrial buildings/manufacturing
|
1 per 500 square feet of plants GFA
|
|
Recycling, demolition
|
1 per employee
|
|
Construction-related uses
|
1 per 1,000 square feet of GFA
|
|
Institutional and Community Facilities
| |
|
Hospitals
|
1 per 6 seats or 1 per 100 square feet of GFA
|
|
Movie theaters
|
1 per 6 seats or 1 per 1,000 square feet of GFA
|
|
Amusement, theme parks, sports, recreation
|
If no permanent seats, 1 per 2 employees
|
|
Library
|
1 per 500 square feet of GFA
|
|
Schools/kindergarten through grade 12
|
1 per faculty and other employees and 1 per 10 auditorium seats
|
|
Schools/colleges and other secondary schools
|
1 per faculty and other employees
|
|
Child-care facilities/day care
|
1 per 500 square feet of GFA
|
|
Churches
|
1 per 8 seats
|
A.
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or structure and part of the normal operations or business conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district, including setbacks, area and coverage requirements, and shall be screened as provided for in § 30-155 from any property used or zoned for residential purposes or whenever required by the Planning Board in order to eliminate or reduce an adverse effect or impairment of visual or aesthetic scenes or vistas.
B.
No front yard of a residential property shall be used for the parking
or open storage of boats, campers, private passenger motor vehicles,
recreational vehicles or equipment, except for the parking of motor
vehicles on driveways or designated parking areas improved to the
standards required by municipal regulations.
C.
No residential property shall be used for the parking or open storage
of more than one motor vehicle in any of the following conditions:
1) without current license plates and registration; or 2) in a mechanically
inoperable condition; or 3) in an obvious condition of disrepair.
D.
No residential property shall be used for the parking or open storage
of commercial motor vehicles or commercial equipment, including, for
example, omnibuses, school buses, dump trucks, tractor-trailers, snowplows
and the like except service trucks of one ton or less or utility trucks
that are on-call.
E.
Any motor vehicle or equipment which is parked or stored in violation
of this section shall be removed by the owner or occupant of a residential
property within three days when requested to do so by the Zoning Officer.
The failure to comply with the request of the Zoning Officer shall
constitute a separate violation for each day the motor vehicle or
equipment remains beyond the deadline for removal.
The following standards and regulations shall apply to swimming
pools:
A.
Private swimming pools, hot tubs and spas.
(1)
Open pools, hot tubs and spas in excess of 24 inches deep or having
the ability to hold 24 inches of water or more and either below grade
or above grade shall be considered as accessory uses for the purpose
of zoning and building permits and regulations. For the purpose of
this chapter, swimming pools, spas and hot tubs, exclusive of patio
area, shall not be considered in lot coverage calculations. Setbacks
for swimming pools, spas and hot tubs shall comply with the setbacks
in the Schedule of District Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Swimming pool, spa and hot tub enclosures shall comply with Section
3109 of the International Building Code in effect at the time of the
submission of the permit.
(3)
All swimming pools shall be provided with a filtering system utilizing
chlorinated water, meeting New Jersey State Department of Health requirements
or standards.
(4)
All swimming pools shall drain in conformance to a system approved
by the City Engineer.
B.
Semipublic and public swimming pools and swimming clubs. Semipublic
and public swimming pools and swimming clubs operated on a nonprofit,
annual membership basis shall be permitted as indicated in the Schedule
of District Regulations,[2] provided that:
(1)
Proof is furnished to the Zoning Officer that the proposed use is
a bona fide nonprofit activity organized solely for the use and enjoyment
of the membership.
(2)
The parcel involved in the use shall contain at least three acres
and shall have 200 feet of highway frontage.
(3)
No more than a total of 20% of the lot shall be covered by structures,
paved parking areas and the pool together with its adjoining hard-surfaced
areas.
(4)
No part of the pool, accompanying hard-surfaced area or other supporting
structures or activity area shall be located within 75 feet of a property
line, or less than 300 feet from the nearest dwelling.
(5)
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale and facilities contemplated. No expansion of the membership
shall take place subsequently without supplemental application to
and approval of the Zoning Board of Adjustment.
(6)
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of N.J.S.A.
26:3-69 through 26:3-69.6, as amended and supplemented. The above-mentioned
regulations, commonly known as the "Swimming Pool Code of New Jersey,
1970," is hereby adopted by reference. A copy of the code is annexed
hereto and made a part hereof without inclusion of the text thereof.
(7)
All pools shall be surrounded on all sides by a yard 25 feet in width,
exclusive of parking area.
(8)
All pools shall have permanent and direct access to a public street.
(9)
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
The following regulations and standards shall apply to all farm
(irrigation), drainage or industrial ponds within any zoning district
within the City of Millville:
A.
All such ponds shall be designed and constructed in such a manner
as to avoid steep slopes or embankments.
B.
Where such ponds are located within 100 feet of a residential use,
other than the residence of the farmer on whose land the pond is located,
shall have appropriate fencing around the man-made pond when required
by the Planning Board. Such fencing shall be not less than four feet
in height and shall have adequate safeguards to prevent access to
the pond.
C.
Specific drainage requirements as set forth herein this chapter or
other applicable ordinances or regulations shall be applicable to
such man-made ponds where determined by the Planning Board to be necessary
to protect the public health, safety and general welfare.[1]
[1]
Editor's Note: Former § 30-140.1, Transfer of development
credits, added 3-7-2006 by Ord. No. 8-2006, which immediately followed
this section, was removed pursuant to Ord. No. 19-2023, adopted 8-2-2023.
