This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Milford."
The purpose of this chapter is to lessen congestion in the streets
and secure safety from fire, panic and other dangers; protect health,
morals and the general welfare; provide adequate light and air; prevent
the overcrowding of land or buildings; avoid undue concentration of
population, with reasonable consideration to the character of a district
and its peculiar suitability for particular uses; and conserve the
value of property and encourage the most appropriate use of land and
buildings throughout the Borough.
[Amended by Ord. No. 288-84; 3-2-1987 by Ord. No. 401-87]
A.
Words used in the present tense include the future tense. The singular
number includes the plural.
B.
The word "person" includes a corporation or partnership as well as
an individual.
C.
The word "lot" includes the word "plot" or "parcel."
D.
The term "shall" is always mandatory.
E.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
F.
ACCESSORY USE OR BUILDING
ALTERATION
AREA, BUILDING
AREA, MINIMUM HABITABLE FLOOR
AUCTION or AUCTION MARKET
BASEMENT
BOARDINGHOUSE
BUILDING
BUILDING HEIGHT
BUILDING LINE
BUILDING, PRINCIPAL
CELLAR
CLINIC or DIAGNOSTIC CENTER
DWELLING, MULTIFAMILY
DWELLING, ONE-BEDROOM APARTMENT
DWELLING, ONE-FAMILY
DWELLING, THREE-BEDROOM APARTMENT
DWELLING, TWO-BEDROOM APARTMENT
DWELLING, TWO-FAMILY
DWELLING UNIT
ECHO HOUSING UNIT
ESSENTIAL SERVICES
FAMILY
FARM
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN-TYPE MULTIFAMILY APARTMENTS
GASOLINE SERVICE STATION
GRADE, ESTABLISHED
GRADE, FINISHED
HARD SURFACE, ALL-WEATHER
HOME OFFICE
HOTEL
JOINT LAND USE BOARD
JUNK OR SALVAGE YARD
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT, INTERIOR
LOT WIDTH
MAINTENANCE
MOBILE HOME
MOBILE HOME PARK
MOTEL
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NURSERY
OCCUPANCY
PARKING SPACE
PERMIT, BUILDING
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
PERMIT, TEMPORARY CERTIFICATE OF USE AND OCCUPANCY
PERMIT, ZONING
PUBLIC UTILITIES
PUBLIC VIEW
RESTAURANT, DRIVE-IN
RESTAURANT, SIT-DOWN
RESTAURANT, TAKE-HOME
SEARCH AREA
SETBACK
SIDEWALK
SIGN
SIGN, AREA OF
STREET, APPROVED PUBLIC
STREET LINE
STRUCTURE
SWIMMING POOL, PRIVATE
TOTAL LAND AVAILABLE FOR DEVELOPMENT (TLD)
USE
VACANT
VEHICLE, RECREATION
WAREHOUSE
WIRELESS TELECOMMUNICATIONS ANTENNA
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
WIRELESS TELECOMMUNICATIONS TOWER
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER
For the purpose of this chapter, certain terms or words used herein
shall be interpreted or defined in the meanings herein indicated:
A subordinate use or building, the purpose of which is incidental
to that of the main use or building, and which is located on the same
lot.
As applied to a structure, a change or rearrangement in the
structural parts or in the existing facilities, or an enlargement,
whether by extension of a side or by increasing in height, or by moving
from one location or position to another.
The total of the areas within the outside dimensions of the
principal building and all accessory buildings when viewed in plan,
exclusive, however, of residential unroofed porches and paved terraces
which do not exceed three feet in height above the average adjacent
finished grade.
The sum of the gross horizontal areas of a floor or several
floors of a building measured between the inside face of exterior
walls or from the center line of walls separating two units. In the
case of the upper stories of a residential structure, the floor area
of such stories shall not be included in satisfaction of the minimum
habitable floor area requirements of this chapter unless the story
is accessible through the use of a fixed and permanent stairway. In
addition, only that portion of the floor area shall be included in
the satisfaction of minimum habitable floor area requirements of this
chapter which has a clear headroom of six feet six inches. Any cellar,
garage space or accessory buildings shall not be included in computing
habitable floor area except in the case of commercial and industrial
buildings.
Any premises on which are held, either regularly or periodically,
auction sales of merchandise and/or personal property.
A story partly underground but having at least 50% of its
cubic volume above the adjacent finished grade.
Any dwelling in which people, either individuals or as families,
are housed or lodged for hire, with or without meals, and which contains
five or fewer such rooms for hire. A rooming house or a furnished
rooms house shall be deemed a boardinghouse. A nursing home or a home
for the sheltered care of adult persons shall not be considered a
boardinghouse.
Any structure having a roof supported by columns, piers or
walls, and any unroofed platform, terrace or porch having a vertical
face higher than three feet above the level of the ground from which
the height of the building is measured, and intended for the shelter,
housing or enclosure of persons, animals or chattel.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the building, exclusive of chimneys and similar structures.
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
section of a building, the vertical projection will coincide with
the surface nearest the property line. All yards are measured between
the property line and the building line nearest that property line.
A building within which is conducted the main or principal
use of the lot on which the building is situated.
A story partly or completely underground and having more
than 50% of its cubic volume below the average level of the finished
grade at the perimeter of the building.
Facilities operated by practitioners of the medical arts,
either singly or in groups, which are supplemental or incidental to
such medical practice. Such facilities may include but are not limited
to laboratories, diagnostic equipment and medical accommodations for
patients.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats and group
houses.
A one-bedroom apartment shall contain one enclosed bedroom,
toilet and bath facilities, a kitchen, a living area and a dining
area, in combination with and completely open on at least one side
to either the kitchen or living area. No additional room shall be
permitted except hallways, an outdoor patio and suitable closet and
storage space.
A detached building designed for or occupied exclusively
by one family.
A three-bedroom apartment shall contain three enclosed bedrooms,
toilet and bath facilities, a kitchen, a living area and a dining
area. The dining area may be in combination with either the kitchen
or living room or may be a separate room. No additional room shall
be permitted except hallways, an outdoor patio and suitable closet
and storage space.
A two-bedroom apartment shall contain two enclosed bedrooms,
toilet and bath facilities, a kitchen, a living area and a dining
area, in combination with and completely open on at least one side
to either the kitchen or living area. No additional room shall be
permitted except hallways, an outdoor patio and suitable closet and
storage space.
A building designed for or occupied exclusively by two families
living independently of each other.
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same.
An elder cottage housing opportunity unit which is a small,
removable modular cottage in the rear or side yard of a dwelling.
The ECHO unit shall be a separate living quarters, accessory to a
primary residence on the premises, not exceeding 750 square feet of
gross floor area, for the use of and occupancy by not more than two
persons who are related by blood, marriage or adoption to the owner,
who must occupy that primary residence on the premises. One of the
ECHO unit occupants shall be 60 years of age or older.
[Added 8-17-2009 by Ord. No. 755-2009]
The erection, construction, alteration or maintenance by
a public utility or municipal agency of underground or overhead transmission,
distribution or collection systems necessary for the furnishing of
adequate service by such utility or agency to the use on the same
lot and/or surrounding neighborhood, or for the public health, safety
or general welfare.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.[1]
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry or dairy products. It includes necessary farm structures within
the prescribed limits and the storage of equipment used. It excludes
the raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
A garage used for storage and/or parking purposes only and
having a capacity of not more than four automobiles or not more than
two automobiles per family housed in the building to which such a
garage is accessory, whichever is greater. Space therein may be used
for not more than one commercial vehicle.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for the storage, repair,
rental, servicing, adjusting or equipping of automobiles or other
motor vehicles.
An integrated development of individual dwelling units which
utilize such common facilities as parking and garage areas, pedestrian
walks and utility and sanitary systems, consisting of a group of separate
buildings.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
The elevation of the center line of the streets as officially
established by Borough authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A concrete or bituminous pavement.
A room or area within a residence used as an office, studio
or study by an occupant of the residence.
A building containing more than five rooms used or intended
to be used, rented or hired out to be occupied for sleeping purposes
by guests and which may also contain only a general kitchen and dining
room and/or drinking facilities and conference and meeting rooms.
The Joint Land Use Board of the Borough of Milford.
Any area or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, cordage or any used
or disabled fixtures, vehicles or equipment of any kind.
A plot, parcel or tract of land, the extent of which is described
by the Official Map or deed description filed with the County Recording
Officer.
An area of land which is determined by the limits of the
lot lines bounding that area. Any portion of a lot included in a street
right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area covered by building area.
The mean distance from the street line to the rear lot line
measured perpendicular to the street line or a chord of the street
line.
A lot other than a corner lot.
The distance between the side lot lines measured perpendicular
to its depth at the front setback line.
When applied to landscaping, trees, shrubs, screening and
other plant life within this chapter, the term "maintenance," the
phrase "to be maintained" or similar wording shall mean the regular
and periodic policing, trimming, cutting, watering and replacement
of dead matters as appropriate to the circumstance.
Any unit used for living or sleeping purposes which is equipped
with wheels or some device for the purpose of transporting such unit
from a place, whether by motive power or other means, or any unit
being used for temporary living or sleeping purposes, temporarily
located in the locality, whether the same is on blocks, posts or any
other type of foundation.
Any plot of ground upon which two or more mobile homes occupied
for dwelling or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
A building containing more than five rooms with individual
entrances, used or intended to be used, rented or hired out to be
occupied for sleeping purposes by guests, and which may also contain
only a general kitchen and dining room or drinking facilities and
conference or meeting rooms.
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record which does not have the minimum width or
depth or contain TLD for the zone in which it is located.
Use of a building or of land that does not conform to the
regulations of the zone in which it is located.
An agricultural establishment of at least five acres in area
where trees and plants are raised and offered for sale at retail and/or
wholesale.
A condition of an activity or use being upon a lot and/or
within a building.
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be an area at least nine
feet wide and 19 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
A certificate issued by the Construction Code Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
A certificate issued upon completion of the construction
of a new building or upon a change in the occupancy or use of a building
and certifying that all requirements of the Building Code,[2] this chapter or such adjustment therefrom which has been
granted by the Joint Land Use Board and that the purpose for which
such building is to be used are in conformance with the uses permitted
in the zone in which it is located.
A certificate of use and occupancy valid for only a period
of six months from the date of issue.
A certificate issued by the Zoning Officer stating that a
proposed building or use will meet all of the requirements of this
chapter.
Equipment, mechanisms and other nonoffice installations of
public utility companies, agencies or authorities, to include pumping
stations, high-voltage transmission lines and towers, storage tanks
and towers and similar items.
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
[Added 6-7-1999 by Ord. No. 639-99]
An establishment where patrons will be served food, soft
drinks, ice cream or similar confections and where such service is
not within a building which contains tables and chairs at which patrons
may consume purchases. Any such establishment which encourages the
consumption of purchased items at outdoor tables or in automobiles
parked upon the premises by reason of the physical arrangement of
facilities or method of operation shall be deemed to be a drive-in
restaurant, regardless of other types of restaurant operation as defined
by this chapter which may be conducted on the premises.
Any establishment, however designated, at which food is sold
for consumption by patrons seated at tables on the premises within
an enclosed building and served on china or comparable reusable tableware
and reusable implements.
An establishment which sells, within an enclosing building,
ready-to-eat, prepared and packaged foods intended to be consumed
by the patron at a location other than on the premises and which is
within a building containing no counter, tables or other facility
for on-premises consumption, whether indoor or outdoor.
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
[Added 6-7-1999 by Ord. No. 639-99]
The term used to refer to the shortest horizontal dimension
between a building and the lot line on that side of a building.
An improved surface constructed in accordance with the regulations of Chapter 170, Subdivision of Land, for pedestrian traffic.
The outdoor and/or indoor display of any writing, printing,
picture, painting, emblem, drawing or similar device intended to invite
or draw the attention of the public to any goods, merchandise, property,
business, services, entertainment, amusement or industrial activity
or establishment.
The maximum projected area of the shape which encloses the
sign, device or representation.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Joint Land Use Board and the
grant to such Board of the power to review plats, and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement shoulders, gutters, sidewalks, parking areas
and other areas within the street lines.
That line determining the limit of the highway rights of
the public, either existing or contemplated. Where a definite right-of-way
has not been established, the street line shall be assumed to be a
locus of points not less than 25 feet from the center line of the
roadway.
A combination of materials to form a construction that is
safe and stable, and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, fences, display signs and swimming
pools.
A body of water, artificially constructed in whole or part,
maintained by an individual for bathing for the private use of his
household and guests, located on a lot as an accessory use to a residence.
A wading pool with a depth of less than 18 inches shall not be deemed
a swimming pool.
The adjusted lot area of any tract of land which has been computed based upon the existing topography within the tract boundaries and the appropriate slope/area adjustment factor(s) as contained in § 190-30.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A structure shall be deemed to be vacant at any time that
the corporation, firm or individual occupying such unit, whether as
owner or tenant, shall terminate its, their or his occupancy with
the intention to leave such unit permanently with no intention of
returning to it.
A trailer, a compartment for mounting on the bed of a truck
or a vehicle designed and intended to be used for shelter on a temporary
basis away from the dwelling unit of the owner or user.
A building, other than the building in which goods or products
are manufactured, assembled or processed, in which goods or products
are stored awaiting shipment to a purchaser or retail sales establishment.
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals or electromagnetic
waves for wireless communications.
[Added 6-7-1999 by Ord. No. 639-99]
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
[Added 6-7-1999 by Ord. No. 639-99]
Buildings and/or structures and equipment for the delivery
of wireless telecommunications, except for satellite dish antennas,
which shall be regulated under other provisions of the Code of the
Borough of Milford. For purposes of this definition, wireless telecommunications
structures, antennas, equipment and/or towers may be collectively
referred to herein as "wireless telecommunications facilities." This
definition shall not include any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
[Added 6-7-1999 by Ord. No. 639-99]
A vertical structure used to support wireless telecommunications
antennas.
[Added 6-7-1999 by Ord. No. 639-99]
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front building line projected to the side
lines of that lot. The setback line shall be synonymous with the rear
line of the front yard. The depth of a front yard shall be the shortest
distance between the street line and the front building line.
A space extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building. The depth of a rear yard shall be measured at right angles
to the rear line of the lot or, if the lot is not rectangular, then
in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot
and the nearest line to the principal building and extending from
the front yard to the rear yard or, in the absence of either such
yards, to the street or rear lot line, as the case may be. The width
of a side yard shall be measured at right angles to the side line
of the lot.
The duly appointed Zoning Officer of the Borough of Milford.
[Amended 12-18-1989 by Ord. No. 530-89; 2-16-1999 by Ord. No.
637-99; 4-1-2019 by Ord. No. 894-2019]
For the purposes of this chapter, the Borough of Milford is
hereby divided into nine zones and one overlay district as follows:
Rural Residential (RR) Zone
|
Low-Density Residential - 1 (R-1) Zone
|
Medium-Density Residential - 2 (R-2) Zone
|
Multifamily Residential - 3 (R-3) Zone
|
Professional Office/Residential (PO/R) Zone
|
Downtown Business (B) Zone
|
Corridor Business (B-1) Zone
|
Government Use (GU) Zone
|
Industrial (I) Zone
|
Redevelopment Area – 1 (RA-1) Overlay Zone
|
No building shall hereinafter be erected and no existing building
shall be moved, structurally altered, added to or enlarged or rebuilt,
nor shall any land be designated, used or intended to be used, for
any purpose other than those included among the uses permitted in
each zone by this chapter and meeting the area, bulk and density requirements
set forth within this chapter for each zone. No open space contiguous
to any building shall be encroached upon or reduced in any manner,
except in conformity with the yard, lot area, building location, percentage
of lot coverage, off-street parking space and such other regulations
set forth within this chapter for the zone in which such building
or space is located. In the event of any such unlawful encroachment
or reduction, such building shall be deemed to be in violation of
the provisions of this chapter, and a certificate of occupancy for
such building shall thereupon become null and void.
[Amended 3-2-1987 by Ord. No. 401-87; 12-18-1989 by Ord. No.
530-89; 2-16-1999 by Ord. No. 637-99]
The Zoning Map, revised to August 1997, shall be made a part
of this chapter by reference as if included herein.[1] Zone boundary lines are intended to follow street, lot
or property lines wherever they are in closest proximity to such line.
Where there is a question as to the actual location of a zone boundary
line, the Joint Land Use Board, after notice and hearing, shall have
the power to interpret and locate the zone boundary line.
[1]
Editor's Note: The Zoning Map is on file at the office of
the Borough Clerk.
A.
Principal building. Every principal building shall be built upon a lot fronting upon a duly accepted street which has been improved in accordance with Chapter 170, Subdivision of Land.
B.
Right-of-way. Where a building lot has frontage upon a street which
is on the Master Plan or Official Map of the Borough or the County
of Hunterdon and is contemplated for a right-of-way widening, the
required front yard area shall be measured from such proposed future
right-of-way line.
C.
Residential lot. No residential lot shall have erected upon it more
than one residential building, except in the case of a garden apartment
or attached single-family or multifamily housing development as permitted
by this chapter.
D.
Attached accessory building. Any accessory building attached to a
main building shall meet the minimum yard requirements of this chapter
applicable to the main building for the zone in which the building
is located.
E.
Detached accessory buildings. Detached accessory buildings shall
be located to the rear of the rear building line of the principal
structure and shall comply with the provisions of this chapter governing
their location.
F.
Corner lot accessory buildings. When the rear yard of a corner lot
adjoins the front yard of another lot, no accessory building on such
corner lot shall be located nearer to the common street line than
a distance equal to the depth of a front yard required along such
frontage.
G.
Intersections. At the intersection or interception of two or more
streets or driveways, no hedge, fence or wall higher than 2 1/2
feet above street level, nor any obstruction of vision other than
a single post or tree not exceeding 16 square inches in cross-section
area, shall be permitted within the triangular area formed by the
intersecting lines and a straight line adjoining points located on
such street lines 25 feet distant from the intersection thereof. In
the event that the regulations of the County of Hunterdon require
a greater clear sight triangle, such greater requirement shall be
met.
H.
New construction utilities. Any new construction of principal buildings,
other than one-family dwellings not a part of a housing development,
shall have all utilities placed underground.
I.
A zoning permit shall be required for all pool permits and shed permits
in all zones.
[Added 8-1-2005 by Ord. No. 707-2005]
The following modifications to the requirements of this chapter
are permitted under the terms and specifications herein stated:
A.
Height. The height limitations of this chapter shall not apply to
church spires, belfries, cupolas, chimneys, ventilators, skylights
and necessary mechanical appurtenances usually extended, constructed
or located above the roof level. Such features shall be erected only
to such height as is necessary to accomplish the purpose they are
to serve and shall be screened from street view or otherwise incorporated
into the architectural theme of the building. The individual seeking
to erect such structure has the burden of proof that the requested
height of the structure is necessary to accomplish the purpose for
which it is erected. The provisions of this chapter shall not apply
to prevent the erection above the building height limit of a parapet
wall or cornice for ornaments, provided that such feature is without
windows and does not extend above such height limit as may apply a
distance of more than five feet.
B.
Projection. Chimneys, cornices or eaves may project into any front,
side or rear yard not more than 24 inches, provided that the total
area of the projection does not exceed nine square feet. An open or
lattice-enclosed fire escape or fireproof outside stairway may project
into a rear or side yard for a distance not to exceed eight feet.
Under no circumstances shall any projection be closer to any lot line
than four feet in any residential zone.
C.
Undersize lots of record. Any lot with an area or width less than
that prescribed for a lot in the zone in which such lot is located,
if such lot was in existence as a single lot on May 31, 1976, and
the owner thereof owns no adjoining land and has owned no adjoining
land since May 31, 1976, may be used as a lot for any purpose permitted
in the zone, provided that:
(1)
The front setback required for the appropriate zone is met or the
front setback is equal to the average setback of existing buildings
fronting on the same street and within the same block, whichever is
less.
(2)
The combined total side yards are reduced not less than one foot
for each foot a lot is less than the required width prescribed for
the zone in which such lot is located and that no principal building
shall be closer than four feet to any side property line.
(3)
The nonconforming lot shall not be reduced further in size.
D.
Nonconforming uses and buildings.
(1)
Continuance. Except as otherwise provided in this article, the lawful
use of land or buildings existing on May 31, 1976, may be continued,
although such use or building does not conform to the regulations
specified by this chapter for the zone in which such land or building
is located. A nonconforming building may be enlarged, extended or
increased, provided that such enlargement would tend to reduce the
degree of nonconformity. Otherwise, a nonconforming use shall not
be expanded.
(2)
Abandonment. A nonconforming use shall be judged as abandoned where
there occurs a cessation of the use through inactivity or there is
display of an unspecified "for sale" or "for rent" sign or a combination
of any of these for a period of more than one year.
(3)
Restoration. If any nonconforming building shall be destroyed by
reason of windstorm, fire, explosion or other act of God or the public
enemy in excess of 75% of its total value, it shall not be rebuilt,
restored or repaired. Nothing in this chapter shall prevent the strengthening
or restoration to a safe condition of any wall, floor or roof which
has been declared unsafe by the Construction Code Official.
E.
Reversion. A nonconforming use, once changed into a conforming use,
shall not be changed back again into a nonconforming use.
F.
Alterations. A nonconforming building may be structurally altered,
but not enlarged or extended, during its life to an extent not exceeding
an aggregate cost of 50% of the assessed value of the building unless
such building is changed to a building conforming to this chapter.
G.
Prior approved construction. Nothing herein contained shall require
any change in the plans, construction or designated use of a building
for which, prior to May 3, 1976, a building permit has been issued
and the construction of which has been begun and continued on a reasonable
schedule within three months of the date of such permit and which
entire building shall be completed according to such plans as filed
within one year from May 3, 1976.
H.
Zone changes. Whenever the boundaries of a zone shall be changed
so as to transfer an area from one zone to another zone of a different
classification, the foregoing provisions shall also apply to any nonconforming
use existing therein or created thereby.
[Amended 3-2-1987 by Ord. No. 401-87]
Temporary permits may be authorized by the Joint Land Use Board
for a period not to exceed one year for nonconforming uses incidental
to housing and construction projects, including such structures and
uses as a gravel sorting plant, storage of materials, supplies and
machinery, construction offices, sanitary facilities and a real estate
office, provided that such permits shall be issued only upon agreement
by the owner to remove the structure or structures upon expiration
of the permit. Such agreement will be with the property owner and
shall provide that if the structure or structures are not removed
upon expiration of the permits, the structure or structures may be
removed by the Borough and a lien placed on the property to recover
costs of removal.
A.
Off-street parking shall be provided as required by the schedule of § 190-111 and shall be provided with the necessary passageways and driveways for access. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. All parking areas shall be surfaced with a dustless, durable, all-weather, hard surface clearly lined for car spaces, except when provided in conjunction with one-family and two-family dwellings or when containing five or fewer parking spaces, and shall be adequately drained subject to the approval of the Borough Engineer.
B.
When more than one building or use is located upon the same lot or
more than one use is carried on in the same building, off-street parking
shall be provided for each building or activity as if they were separate
buildings or uses.
C.
Where the schedule requires parking spaces on the basis of the number
of employees, the largest number of employees present for duty at
any one time shall be the number used to calculate the required number
of parking spaces.
D.
Where the schedule requires parking spaces on the basis of the number
of square feet of floor area, the number of square feet of building
devoted to the activity for which the standard is stated shall be
the basis upon which the required number of parking spaces is calculated.
E.
Where the parking standard is on the basis of one standard or a second
standard, the standard requiring the largest number of parking spaces
shall apply.
F.
Where the parking standard is on the basis of one standard and a
second standard, both standards shall be met individually.
G.
The collective provision of off-street parking areas by two or more
buildings or uses located on adjacent lots is permitted, provided
that the total of such facilities shall not be less than the sum required
of the various buildings or uses computed separately, and further
provided that the land upon which the facilities are located is owned
or leased by one or more of the collective users.
H.
Any parking area for four or more vehicles which abuts, is across
the street from or is within a residential zone shall have shrubbery
on its entire periphery, other than access points, by the planting
of a screen of evergreen materials at least four feet higher than
the maximum elevation of the adjacent parking area and of such density
as will obscure 75% of the light emitted from automobile headlights
on the parking area throughout the full course of the year. Where
the land area from which the parking is being screened is lower in
elevation than the elevation of the parking area, the plant material
shall be at least two feet in height, satisfaction of the four-foot
requirement notwithstanding.
I.
In residential zones, all parking areas except those serving one-
and two-family dwellings shall be in other than the required front
yard area. In nonresidential zones, parking areas may be in any yard
area. All parking areas shall meet the setbacks required by this section
as applicable.
J.
No parking area shall be within a required buffer zone. All parking
areas containing more than four and not more than 50 parking spaces
shall be set back from any property line at least 10 feet. Any parking
area containing more than 50 parking spaces shall be set back from
any lot line at least 25 feet.
K.
Every parking area in any zone containing more than 10 parking spaces
shall be provided with internal shade trees at a rate of one shade
tree for each 20 parking spaces or fraction thereof. Such shade trees
shall be of a type recommended by the Hunterdon County Soil Conservation
Service and shall have a minimum caliper of 1 1/2 inches at one
foot.
L.
All parking areas and appurtenant passageways and driveways serving
other than one- and two-family dwellings shall be illuminated, according
to specifications provided by the Jersey Central Power and Light Company,
during the hours between sunset and sunrise when the use is in operation.
Such illumination and all other illumination emanating from within
the property shall be appropriately arranged and shielded to protect
neighboring residential areas from glare and direct light.
M.
Whenever an applicant can demonstrate to the satisfaction of the
Borough authority having approval power over his application that
the parking standards required by the schedule would be excessive
for his particular application, the approving board may waive the
requirement for surfacing of that portion of the parking which is
considered excess. Sufficient land area shall be reserved, however,
to meet the full requirements of this chapter with regard to off-street
parking, and the applicant shall agree in writing that he will create
at his expense such expansion upon demand by the Borough in the future.
N.
All uses other than one- and two-family dwellings shall provide screened
areas for truck loading and unloading of sufficient size to permit
the transfer of goods and products in other than a public street,
public parking area or any area designated as fulfillment of the off-street
parking requirements of this chapter. The access to and egress from
such areas shall be so designed as to avoid the backup of vehicles
waiting to load or unload and to minimize the interruption of traffic
flow on adjacent streets.
O.
None of the off-street parking facilities required by this chapter
shall be required for any existing building or use unless such building
or use shall be enlarged or extensively altered, in which event off-street
parking shall be provided up to the standards of this chapter insofar
as possible and reasonable.
P.
Trailers designed or used for hauling or transportation and trailers
designed or used for dwelling purposes shall not be parked or stored
as a regular practice on or in the vicinity of any lot in any residential
zone, nor shall any of the same be parked or stored on or in the vicinity
of any lot in a nonresidential zone for more than a twenty-five-hour
loading or unloading period.
Q.
One boat trailer and one boat and one recreation vehicle, not occupied
on the premises, may be parked or stored outdoors on a residential
lot. Wherever feasible, such equipment shall be parked or stored in
the rear yard. The minimum yard requirements for an accessory building
in that residential zone shall be observed.
R.
No bus may be habitually parked on the street or off street in a
residential zone.
S.
Required
parking, with the exception of required accessible spaces, may be
located off site if located within 600 feet from the primary pedestrian
entrance.
[Added 3-15-2021 by Ord. No. 924-2021]
T.
A shared
parking plan between properties may be approved by the Joint Land
Use Board when uses are located near one another and/or have different
peak parking demands and operating hours, based upon a shared parking
analysis prepared and presented by a qualified New Jersey licensed
professional engineer.
[Added 3-15-2021 by Ord. No. 924-2021]
U.
Cross
access between adjacent parking areas is required when technically
feasible.
[Added 3-15-2021 by Ord. No. 924-2021]
A.
Access points shall be limited to one combined ingress and egress
driveway or one each ingress and egress driveway on all frontages
of 100 feet or less. Frontages of more than 100 feet but not more
than 300 feet shall be permitted two driveways for ingress and two
driveways for egress, either individually or in combination. Frontages
of more than 300 feet but less than 500 feet shall be permitted four
driveways for each of ingress and egress, either individually or in
combination.
B.
Driveways or curb cuts for all uses other than one- and two-family
homes shall be not less than 20 nor more than 36 feet in width. This
requirement shall not be applied, however, to preclude the provision
of adequate curb radii at the flare end of the driveway.
C.
No access point shall be closer than 50 feet to the intersection
of public streets measured from the nearest curbline of the driveway
to the curbline of intersecting streets, extended as necessary for
measurement purposes. The placement and design of access points shall
not create a hazardous condition and shall minimize conflict with
the flow of traffic on adjoining streets. Access points shall be subject
to approval by state and county authorities when affecting roads under
their jurisdiction.
D.
Driveways serving single-family dwellings shall not be closer than
seven feet or 1/2 the required one side yard in the applicable zone,
whichever is greater, to a side lot line. Those serving other uses
shall be not closer than 1/5 of the required lot width in the applicable
zone to a side lot line, but in no event less than seven feet. In
no event shall a driveway be within a required buffer zone except
for crossing to connect with public streets.
E.
The minimum width of access drives within off-street parking areas
shall be as follows:
Minimum Aisle Width
| ||
---|---|---|
Angle of Parking
|
One-Way Traffic
(feet)
|
Two-Way Traffic
(feet)
|
Parallel
|
12
|
22
|
30°
|
11
|
25
|
45°
|
13
|
25
|
60°
|
18
|
30
|
90°
|
22
|
30
|
A.
Topsoil; subsurface soil. Topsoil shall not be removed from any lot
or parcel except upon the granting of a special permit by the Borough
Council. No such permit shall be granted for the removal of topsoil
from the corporate limits of the Borough. Subsurface soil or other
subsurface material, such as rock or shale rock, may be removed only
in conjunction with construction and only to the extent required to
execute an approved site plan.
B.
Trees. No trees having a caliper of three inches or more at 18 inches
above ground shall be removed from any lots other than a developed
residential lot without a permit from the Joint Land Use Board or
as a part of construction in accordance with an approved site plan
which calls for the removal of such tree.
C.
Natural watercourses. All natural watercourses shall be retained
during subdivision, and site planning shall incorporate appropriate
soil conservation measures pertaining to stream management and improvements
in order to assure the continued functioning of such watercourse as
part of the drainage system of the Borough. This provision shall be
interpreted to prohibit the rechannelization or piping of watercourses.
In all zones, no principal or accessory building or any structure
shall be constructed closer than 65 feet to the edge (as measured
from the stream bank) of any watercourse which carries water six months
or more during the year. Where the stream in question has been identified
by the state as a trout production or Class 1 waterway, all buildings
and structures shall be set back a minimum of 100 feet from the edge
of said stream or greater if required by state law. In no event shall
the elevation of any floor within a structure be lower than one foot
above the one-hundred-year-flood elevation within any flood-prone
or floodplain area.
[Amended 2-16-1999 by Ord. No. 637-99]
D.
Screening requirement. Wherever this chapter imposes a screening
requirement, a swath of existing vegetation may be substituted if
such natural ground cover already exists in the appropriate location
and in the appropriate density. In any event, existing vegetation
may be incorporated into required screen planting.
E.
Landscaping and seeding requirement. Wherever this chapter would
impose a landscaping and seeding requirement, natural vegetation may
be substituted in all areas where it exists and has attained a height
of at least six feet. The landscaping and seeding requirement shall
still apply, however, in all areas not so covered.
A.
Landscaping. In conjunction with multifamily, commercial or industrial
uses, all areas of the lot not occupied by buildings, pavement or
other surfacing or other required improvements shall be landscaped
by the planting of grass and/or shrubs and trees. Two shrubs and one
tree shall be provided for each 250 square feet or fraction thereof
to which this requirement applies. Such trees and shrubs shall be
of a type recommended by the Hunterdon County Soil Conservation Service,
and trees shall have a minimum caliper of 1 1/2 inches at one
foot. The placement of the plant material shall be appropriate to
the enhancement of the property and in accordance with a landscape
plan approved by the Joint Land Use Board in conjunction with site
plan review. Where trees and shrubs are used as screening for buffering
purposes, they shall be of a species expected to achieve a height
of at least five feet above grade within two years of planting, and
their spacing shall be at such density as to provide a horizontal
visual barrier within two years of planting.
B.
Buffer zone. In order to provide adequate buffering between uses
of differing classifications, a buffer zone shall be provided in conjunction
with any nonresidential use abutting a lot zoned for residential purposes.
Such buffer shall be a minimum of 25 feet in width as measured from
the subject property and shall be provided on the nonresidential property.
This buffer shall be increased to 100 feet in the case where an industrial
use abuts a residential property.
[Amended 2-16-1999 by Ord. No. 637-99]
C.
Screening. Screening shall be required to be installed and maintained in all required buffer zones, along all property lines other than street lines of garden apartment or townhouse projects and around the entire perimeter other than access points of any parking area for more than four vehicles, unless such parking is otherwise screened by a buffer zone. This requirement shall not be exercised where it will create conflict with the requirements of § 190-7G.
The following types of signs and no other shall be permitted:
A.
Official traffic signs.
B.
Professional permitted special use, "no trespassing" and "private
driveway" signs not larger than four square feet.
C.
Identification signs for schools, churches, hospitals, clubs, lodges
or similar uses, not larger than 12 square feet.
D.
Real estate signs and advertising sale or rental, not larger than
eight square feet, to be removed within seven days after consummation
of a sale or rental.
E.
Signs and banners of a public nature dealing with a public event
when deemed necessary to the public welfare to include sponsored banners
that are decorative and/or event-specific for the betterment of the
Borough and approved as such by the Joint Land Use Board, subject
to such time, size and other requirements as the Board may impose
to protect the public interest. No private banners or flutter-type
signs or displays, whether carrying written advertisements or simply
designed to attract attention, shall be allowed.
[Amended 3-15-2021 by Ord. No. 924-2021; 4-4-2022 by Ord. No. 939-2022]
F.
Temporary signs of contractors, architects, mechanics and artisans,
provided that the size of any one side shall not exceed eight square
feet and that such signs shall be removed within seven days after
completion of the work.
G.
In business and industrial zones, on-premises directional signs indicating
the location of the business or industry, not larger than 12 square
feet.
H.
Gasoline service stations and public garages only may display, in
addition to the foregoing signs, the following special signs which
are deemed to be customary and necessary to their respective businesses:
(1)
One freestanding or pylon sign advertising the name of the station
or garage and the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 20 square feet in area on each side
and shall be hung within the property line and not less than 10 nor
more than 25 feet above the grounds.
(2)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, provided that
such sign does not exceed seven square feet in area.
I.
In business and industrial zones, on-premises signs adverting the
use of or owner of the property, not exceeding 12 square feet on one
side or, if a wall sign, not exceeding 10% of the wall area exposed
to the public street; provided, however, that this 10% may be increased
by 1% for each foot over 100 feet the wall is set back from the street
right-of-way line.
J.
Identification signs for the uses permitted under § 190-46, provided that:
(1)
Such signs are on premises and do not exceed 20 square feet on one
side.
(2)
Such signs are so located as to identify the use only from the major
public road from which ingress and egress to such facility is obtained.
(3)
Any illumination of such sign shall be such as to be plainly visible
from public roads but shall be adequately screened so as to prevent
undue glare to surrounding residences or to traffic on public roads.
K.
Electronic
message center (EMC), herein defined as a sign that utilizes a computer
or other electronic controlled means (whether digital, analog, incandescent
lamp LCD, LED or other display technologies) to change and control
a message display, is hereby prohibited other than "open" signs, which
may be permitted provided that they are not scrolling or flashing
but static, and pricing signs limited to gasoline service stations.
[Added 3-15-2021 by Ord. No. 924-2021]
The following regulations shall apply to all permitted sign
uses:
A.
No sign other than official traffic signs shall be erected within
or shall project over the lines of any street right-of-way.
B.
No signs shall be of a flashing type in a residential zone. No signs shall be floodlighted except as provided in § 190-14J(3).
C.
Billboards and signs advertising off-premises products or uses are
prohibited.
D.
In addition to the other requirements of this section, every sign
referred to in this section shall be constructed of durable materials,
shall be kept in good condition and repair and shall not be allowed
to become dilapidated.
E.
A zoning permit shall be required for all advertising signs in all zones. A permit fee as prescribed in Chapter 10, Fees, of this Code shall be paid to the Borough for temporary signs, and a permit fee as prescribed in Chapter 10, Fees, of this Code shall be paid to the Borough for permanent signs. Signs erected or in use for a period of 30 days or longer shall be considered as permanent for fee purposes and are subject to the permit fee for permanent signs.[1]
F.
No sign shall extend further than 12 inches from the face of the
building upon which it is attached.
G.
No sign shall be of a spinning or revolving type.
A.
Residential zone.
[Amended 4-16-2007 by Ord. No. 731-2007; 9-6-2011 by Ord. No.
781-2011]
(1)
Height. No fence or wall hereafter shall be erected or reconstructed in any residential zone, or on lots in any other zone on which residential buildings exist, that shall exceed 3 1/2 feet in height in the front yard and six feet in height in the side and rear yards, with the exception of a fence located within a sight triangle of a street or driveway intersection. [See Subsection A(2) of this section and § 190-7G, Intersections, of this chapter.]
(2)
Sight triangles. A solid fence within a sight triangle shall not
exceed a maximum of 2 1/2 feet in height. A semi-open fence within
a sight triangle shall not exceed a maximum of 3 1/2 feet in
height. (A "semi-open fence" is defined as a fence that is at least
50% or more open, such as a picket or split-rail fence.)
(3)
Setback/location. Fences may be located on the lot's property line
or the edge of the right-of-way easement, if the property line is
located within the paved portion of the street. Fence setbacks are
to be determined in compliance with the property lines identified
on an official survey. Since road widths have changed over time and
are not uniform within the Borough, the Zoning Officer may approve
an approximate right-of-way location based on the edge of pavement,
curb or sidewalk, whichever is closest to the residence, if either
the right-of-way and/or property line location is undetermined. It
is the responsibility of the property owner to remove any fence placed
on a municipal easement upon notification by the Borough.
B.
Business zone. No fence or wall hereafter erected or reconstructed
in any business zone shall exceed a height of six feet above ground
level unless required for security purposes.
C.
Industrial zone. No fence or wall hereinafter erected, altered or
reconstructed in any industrial zone shall exceed a height of eight
feet above ground level unless required for security purposes.
D.
Exceptions. The foregoing restrictions shall not be applied so as
to prevent the erection of an open wire fence not exceeding eight
feet in height above ground level anywhere within a public park, a
public playground or a public school property or around a commercial
recreation use where such fence is for the purpose of containing an
implement or missile necessary for the conduct of such recreational
activities, or around outdoor storage within a commercial zone which
conforms to all requirements of this chapter. Neither shall the foregoing
be applied to restrict the erection of a retaining wall.
E.
Windbreaks; protective fences. Nothing herein shall be applied to
restrict the erection of suitable windbreaks for the winter protection
of trees, shrubs and other vegetation or the erection of protective
fences around permitted public utility uses in excess of height limitations.
F.
Maintenance; inspection. Every fence and wall shall be maintained
in a safe, sound and upright condition and shall be subject to the
inspection of the Construction Code Official.
G.
Property line restriction. All fences and walls shall be erected
within property lines, and no fence or wall shall be erected which
will encroach upon a public right-of-way.
H.
A zoning permit shall be required for all fences in all zones.
[Added 8-1-2005 by Ord. No. 707-2005]
A.
All buildings hereinafter constructed on the following streets shall
be set back at least the distance indicated below from the center
line of such street, contrary requirements of the schedule notwithstanding:
Name of Street
|
Required Building Setback
(feet)
| |
---|---|---|
Barron Street
|
50
| |
Bridge Street
|
30
| |
Carpenter Street
|
30
| |
Church Street
|
30
| |
Delaware Avenue
|
50
| |
Fairview Avenue
|
50
| |
Frenchtown Road1
[Amended 2-16-1999 by Ord. No. 637-99] |
50
| |
Green Street
|
33
| |
Hillcrest Drive[1]
|
50
| |
Hillside Avenue
|
50
| |
Honeysuckle Lane
|
50
| |
Longview Avenue
|
50
| |
Maple Street
|
33
| |
Mill Street
|
30
| |
Mt. Pleasant Road
|
50
| |
Orchard Street
|
33
| |
Park Lane
[Amended 3-7-2016 by Ord.
No. 848-2016] |
50
| |
Preston Road
|
50
| |
Ravine Road
|
50
| |
Spring Garden Street
|
30
| |
Stover Avenue
|
50
| |
Valley View Road
|
50
| |
Walnut Street
|
33
| |
Water Street1
[Amended 2-16-1999 by Ord. No. 637-99] |
50
| |
York Road
|
50
|
NOTES:
| ||
---|---|---|
1
|
These county roads are designated as major collectors with a
proposed eighty-foot right-of-way. Fifty feet from the center line
permits 10 feet of future right-of-way.
|
Performance standards regulating air and water quality or noise levels set forth by federal or state statute, regulation or administrative order shall be observed where they exist and are equal to or more stringent than the following. When federal or state standards do not exist or are less stringent, the performance standards listed in §§ 190-19 through 190-28 shall be observed.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Borough of Milford Sewer Utility and shall
be in accordance with all applicable regulations pertaining to treatment
and disposal of sewage. The standards of such regulations or the following,
whichever are higher, shall apply:
A.
There shall be no discharge of any toxic substance, gasoline, benzine,
naphtha, fuel oil or other flammable or explosive liquid, solid or
gas, any liquid having a temperature higher than 150° F. or any
matter containing any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure or
any solid or viscous substance capable of causing obstructions or
other interference with the proper operation of a sewage treatment
plant, or any liquid having a pH lower than 5.0 or higher than 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment or personnel or the ecology of the
area, or material which would be harmful to the treatment of sewage.
B.
Acidity and alkalinity of wastes shall be neutralized to a pH of
7.0 as a daily average on a volumetric basis. Variations shall not
exceed the range of pH 5.0 to 10.0.
C.
Wastes shall contain no cyanides and no halogens and shall not contain
more than 10 parts per million (ppm) of the following gases: hydrogen
sulfide, sulfur dioxide and nitrogen dioxide.
D.
Wastes shall not contain any insoluble substances in excess of 10,000
ppm or exceed a daily average of 500 ppm, or fail to pass a No. 8
sieve, or have a dimension greater than 0.5 inch.
A.
No highly flammable or explosive liquids, solids or gases shall be
stored in bulk above ground, with the exception of tanks or drums
of fuel directly connecting with energy devices, heating devices or
appliances located on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities for fuel, raw materials and products,
and all raw materials and products stored outdoors, shall be enclosed
by a fence adequate to conceal the facilities from the adjacent properties.
C.
No hazardous materials or wastes shall be deposited or stored upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream, watercourse or water supply, or otherwise render
such stream, watercourse or water supply unsuitable as a source of
potable water supply or which will destroy aquatic life, be allowed
to enter any stream or watercourse.
D.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
A.
No smoke shall be emitted from any chimney or other source of visible
gray opacity greater than No. 1 on the Ringelmann Smoke Chart as published
by the United States Bureau of Mines, except that smoke of a shade
not darker than No. 2 on the Ringelmann Chart may be emitted for not
more than four minutes in any thirty-minute period.
B.
These provisions, applicable to visible gray smoke, shall also apply
to visible smoke of any other color with an equivalent apparent opacity.
A.
The emission of dust, dirt, fly ash, fumes, vapors or gases which
can cause any damage to human health, to animals or vegetation or
to other forms or property, or which can cause any soiling or staining
of persons or property at any point beyond the lot line of the use
creating the emission, is herewith prohibited.
B.
No emission of liquid or solid particles from any chimney or otherwise
shall exceed 0.3 grain per cubic foot of the covering gas at any point
beyond the lot line of the use creating the emission. For measurement
of the amount of particles in gases resulting from combustion, standard
correction shall be applied to a stack temperature of 500° F.
and 50% excess air in the stack at full load.
C.
There shall be no emission of sulfur dioxide.
The sound-pressure level of any use, not including ambient noises
not under control of the operator of the use, shall not exceed, at
any point on the boundary of an industrial district, the decibel levels
in the designed octave band shown below, except for emergency alarm
signals and subject to the following corrections: [Note: 10 log P1/P2
is the reference quality of 0.0002 dyne/cm2, sound-pressure level to be measured according to the specifications
published by the American National Standards Institute (ANSI).]
A.
Subtract five decibels for pulsating or periodic noises.
B.
Add five decibels for noise sources operating less than 20% of any
one-hour period.
Octave Band
(cycles per second)
|
Along Residence District Boundaries
(decibels)
|
Along Business District Boundaries
(decibels)
| |
---|---|---|---|
0 to 75
|
72
|
79
| |
75 to 150
|
67
|
74
| |
150 to 300
|
59
|
66
| |
300 to 600
|
52
|
59
| |
600 to 1,200
|
46
|
53
| |
1,200 to 2,400
|
40
|
47
| |
2,400 to 4,800
|
34
|
41
| |
Above 4,800
|
32
|
39
|
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by the American Chemistry Council, Washington, D.C. Where more than one authority is cited, the numerical average value for all authorities listed may be used.
No industrial use shall carry on an operation that would produce
heat or glare beyond the property line of the lot on which the industrial
operation is situated.
Machines or operations which cause vibration shall be permitted,
but in no case shall any such vibration be perceptible outside of
any Industrial Zone.
No activities shall be permitted which emit dangerous radioactivity
beyond enclosed areas. No electrical disturbances, except from domestic
household appliances, shall be permitted to affect adversely, at any
point, any equipment other than that of the creator of such disturbance.
Every use requiring power shall be so operated that any service
lines, substation, etc., shall:
A.
Conform to the highest applicable safety requirements.
B.
Be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant.
C.
If visible from abutting residential properties, be concealed by
evergreen planting or screening with architectural materials common
to the building(s).
[Added 11-2-1981 by Ord. No. 269-81[1]]
For provisions relating to flood damage prevention, see Chapter 96, Flood Damage Prevention, of this Code.
[Added by Ord. No. 288-84]
A.
Limitation on lot size and lot density. In order to minimize the
potentially adverse impact of increased soil erosion, runoff, sedimentation
and other environmental factors resulting from the intense development
of land in areas of steep slopes, the number of dwelling units or
lots permitted and the actual lot areas shall bear a relationship
to the natural slope of the land.
B.
Determination of compliance. To determine compliance with this requirement,
the following calculations and regulations shall apply to any lot
to be subdivided or developed:
(1)
The total land available for development (TLD) shall be calculated
for each lot to be subdivided and for each lot to be developed. The
calculation shall apply a development factor to land in various slope
categories and shall be performed in the following manner:
(2)
The total number of dwelling units allowed on any lot or the total
number of lots to be subdivided from any other lot shall be computed
as follows:
TLD
Minimum lot area requirement in the zone
|
=
|
Total number of dwelling units or lots permitted
|
(3)
No development or improvements shall be permitted on slopes of 30%
or higher. Applicants shall be required to concentrate development
on lesser slopes, and the Joint Land Use Board, in appropriate cases
and with adequate safeguards, will allow development of attached and
detached single-family residential units on lots smaller than permitted
in the zone based on an acceptable site plan, provided that the total
number of dwelling units does not exceed the maximum allowed after
calculation of the slope adjustment formula.
[Added 8-2-2021 by Ord. No. 928-2021]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[1] all cannabis establishments, cannabis distributors or
cannabis delivery services are hereby prohibited from operating anywhere
in the Borough of Milford, except for the delivery of cannabis items
and related supplies by a delivery service. This prohibition shall
also apply to any parcels and property within the Borough of Milford
under the jurisdiction and authority of the County of Hunterdon, or
any agency, commission or authority of the State of New Jersey to
the extent said prohibition is not legally preempted by any law, regulation,
or administrative code.
[1]
Editor's Note: See N.J.S.A. 24:6i-31 et seq.