Milford City Zoning Code
ARTICLE XII
Conditional Uses
§ 190-112 Conditions required for conditional uses.
Uses listed as a conditional use in a particular district may be permitted by the Joint Land Use Board after it has determined that the development proposal complies with the conditions and standards set forth herein for the location and operation of such use.
§ 190-113 Home offices and home occupations.
A.
Such use shall be clearly accessory to the principal use of the structure, and only one such use shall be conducted on the premises.
B.
Such use shall be conducted by the owner or tenant residing on the premises.
C.
Noise or other objectionable characteristics incident to the home office or occupation shall not be discernible beyond the boundaries of the lot.
D.
Not more than three persons shall be engaged in the home occupation at one time, including the resident, and all work shall be conducted entirely indoors.
E.
At least 960 square feet of habitable floor area shall be retained for dwelling use.
F.
The remodeling of any residential building in any way to create an impression of business activity from the exterior of the residential building is prohibited. There shall be no physical evidence of said use from the exterior of the residential buildings except for the parking of associated vehicles as permitted herein.
G.
Not more than two commercial vehicles shall be parked on the lot in association with the subject business. No tandem axle vehicles or heavy construction vehicles (e.g., bulldozer, backhoe, etc.) shall be permitted. Any parking of such vehicles shall be on the subject property and not in the public right-of-way.
H.
Pickup and delivery of any materials associated with the home office/occupation shall be restricted to the hours of 8:00 a.m. to 8:00 p.m., Monday through Saturday.
§ 190-114 Medical and dental clinics, hospitals, laboratories and satellite facilities.
This section pertains to medical and dental clinics, hospitals, medical and dental laboratories contained in and connected with such clinics or hospitals and hospital satellite facilities.
A.
The premises on which such use is conducted shall contain either the minimum frontage requirement for residential lots in this zone or at least two means of ingress and egress to a public road, each of which shall have a paved width of 36 feet, except at the point of intersection with a public street, where it may be wider to provide for proper traffic channelization and safety provisions.
B.
The premises on which the use is conducted shall contain no less than 1 1/2 acres.
[Amended 3-15-2021 by Ord. No. 924-2021]
C.
Maximum lot coverage by the facility shall be 60%.
D.
The facility shall meet all other minimum and maximum bulk requirements of the zone in which it is located, except that an additional buffer zone and screening shall be provided at the side and rear yards in accordance with the requirements of § 190-13.
E.
No parking associated with such facility shall be permitted in the front yard. Screening in the form of landscaping, fencing, or combination thereof shall be provided between any parking area and the public right-of-way.
§ 190-115 Community residences.
[Amended 4-19-2004 by Ord. No. 687-2004]
This section pertains to community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for more than six persons pursuant to the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-66.1.
§ 190-116 Downtown residential apartments.
[Amended 8-17-2009 by Ord. No. 756-2009]
A.
In the B Zone, downtown residential apartments may not be located on the ground floor, basement or attic of the subject structure.
B.
No individual unit shall be less than 650 square feet.
C.
Each unit shall be complete and independent with its own kitchen, bedroom and bathroom.
D.
Parking shall be provided for each unit in accordance with the requirements for dwellings found in § 190-111, unless it is an affordable unit, where each unit must provide one parking space either on site or leased in the neighborhood.
E.
All COAH-certified downtown apartments within the B District must conform to the following:
(1)
The rental unit must receive a new certificate of occupancy either through a gut rehabilitation if it is an existing residential unit or if within an existing structure and not a residential unit or new construction.
(2)
The rental occupant of the apartment must meet the low/moderate income limitations established by COAH for the Hunterdon, Somerset, Middlesex Region and verified by the Borough Administrative Housing Agent.
(3)
The rent must be restricted to affordable low-income households with a gross household income as determined by COAH and approved by the Borough Administrative Housing Agent.
(4)
The rental unit must be affirmatively marketed pursuant to the Borough's affirmative marketing plan, and the process must conform to a random selection process dependent only on household income and household size as it relates to the number of bedrooms.
(5)
Affordability controls of at least 30 years must be imposed on the accessory apartment via a deed restriction or other instrument acceptable to the Borough Attorney.
(6)
As a condition of approval, the accessory apartment owner must be willing to submit an affidavit of continuing use every two years.
(7)
A municipal subsidy of $25,000 will be paid to the owner of the accessory unit at the time that the unit is certified by COAH.
F.
Existing currently permitted downtown apartments in the B Zone may become COAH certified, provided that all of the foregoing criteria as well as the following criteria can be met:[1]
(1)
The unit is currently vacant.
(2)
If the unit is currently in substandard condition, it must be brought up to standard condition.
(3)
The unit will be affirmatively marketed pursuant to the Borough's affirmative marketing plan.
(4)
Each unit must be deed restricted for occupancy by a low-income household for a period of at least 30 years.
(5)
A municipal subsidy of $25,000 will be paid to the owner of the downtown unit at the time that the unit is certified by COAH.
§ 190-117 Car washes.
Car washes shall comply with the standards found in the B-1 District, except as given below:
A.
Minimum lot area: 15,000 square feet.
B.
Utilities required. All such development shall be served by public sewers and public water.
C.
All car washing facilities must be in an enclosed, although not fully enclosed, building. Vacuum facilities may be located outside the building but may not be located in any required yard area nor in the yard adjacent to any residential zone.
E.
Sufficient off-street stacking area for not fewer than 12 automobiles or that number of vehicles equal to the number capable of being processed during 1/2 hour, whichever is greater, shall be provided. A space of nine feet by 18 feet shall be deemed adequate for each required space. Stacking of automobiles shall not be permitted in the public right-of-way.[1]
F.
All car wash installations shall be equipped with a water recycling system for 90% of the water usage.
G.
To aid in control and drainage of car washing water, car wash systems employing high-pressure sprays shall:
(1)
Include building drains sized to accept 200% of maximum water flow and shall discharge into enclosed piping connected to the closed storm sewer.
(2)
Be arranged as to contain all spray within the car wash structure.
(3)
Have exit aprons equipped with grate drains and pitched for a minimum of 20 feet toward the car wash structure at a gradient of at least 1/4 inch per foot.
H.
Adequate provision shall be made to prevent excessive noise from emanating from the facility. The sound produced by any mechanical equipment involved in the operation of a car washing facility shall not exceed 65 dB(A) when measured next to an adjacent residential district or 70 dB(A) when measured in or adjacent to any nonresidential district between the hours of 8:00 a.m. to 8:00 p.m. This shall be lowered to 50 dB(A), measured at the property line, at any other time.
§ 190-118 Single-family residential dwellings in R/I Overlay Area.
A.
Purpose. The intent of the Residential/Industrial Overlay Area is to provide a conditional development option for a portion of the Industrial Zone as indicated on the Zoning Map. This option permits the limited development of residential use under specific conditions in exchange for the preservation of a portion of related property as open space. The purpose of this option is to encourage the preservation of that portion of Block 19, Lot 51, identified on the Zoning Map with the R/I Overlay, which is bordered by residential use, as permanent open space. In exchange, the owner of said lot may develop up to three residential dwellings in the R/I Overlay Area in accordance with the conditions set forth herein. The remaining open space property may be used in the computation of permitted floor area and impervious coverage for the remainder of Lot 51, of which it is a part, which is located outside of the R/I Overlay Area.
B.
Conditions.
(1)
Minimum development tract: the entire R/I Overlay Area as designated on the Borough Zoning Map.
(2)
Maximum residential development: not more than three dwelling units.
(3)
Lot area for individual dwellings: not less than 6,000 square feet nor more than 20,000 square feet.
(4)
All residential units shall have direct access to Carpenter Street or an approved extension thereof. Needed roadway improvements are to be determined by the Borough Engineer and shall be the responsibility of the applicant.
(5)
All remaining lands in the R/I Overlay Area and not included in the residential lots shall be permanently restricted from further development via a conservation easement, deed restriction or other method as approved by the Joint Land Use Board. This area shall remain in its undeveloped state and be added to the Borough greenbelt identified in the 1994 Community Facilities and Recreation Master Plan and as referenced in the April 1996 revisions to the Borough Master Plan. This area shall continue to be counted as part of Block 19, Lot 51, for the purposes of calculating permitted floor area ratio (FAR) and impervious coverage for the remainder of that parcel.
(6)
Unless otherwise indicated, all residential units developed under this option shall be developed in accordance with R-2 bulk standards.
(7)
Permitted and prohibited uses in the R/I Area shall be the same as those in the I Zone, except that where the residential option is exercised, no nonresidential use shall be permitted. Where the R/I Overlay option is not exercised, all regulations pertaining to the I Zone shall be in effect.