City of Millville, NJ Article XIV Supplementary Zoning District Regulations

[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]

§ 30-131 (Reserved)

§ 30-132 (Reserved)

§ 30-133 Fences, walls and hedges.

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.

(1) No fences shall be made of barbed wire.

(2) Electric fences may be used only in agricultural uses to contain livestock.

(3) Electrical fences used for security purposes in industrial uses or any other use must receive a use variance from the Zoning Board of Adjustment.

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.

§ 30-134 Home occupations.

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.

(4) Parking spaces required to be provided in accordance with § 30-137 of this chapter for any home occupations in addition to those required of residential units shall not be located in any required front or side yard areas.

(5) Signs for home occupations shall be in accordance with the provisions of Article XXIII of this chapter.

§ 30-135 Industrial use standards.

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.

A. Noise. (See noise pollution control regulations set forth in Article LV of Chapter 52 of the Municipal Code.)

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.

§ 30-136 Off-street loading requirements.

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.

§ 30-137 Off-street parking requirements.

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

§ 30-138 Outdoor storage.

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.

§ 30-139 Swimming pools.

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.

(10) All lot boundaries shall be screened in accordance with the screening provisions of § 30-155 of this chapter.

(11) Adequate parking shall be provided in accordance with the provisions of §§ 30-137 and 30-171 of this chapter.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

§ 30-140 Farm irrigation, drainage or industrial ponds.

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.