Milford City Zoning Code
ARTICLE VI
Downtown Business B Zone
§ 190-78 Purpose.
The purpose of the Downtown Business District is to promote retail sales, service and employment opportunities in a manner consistent with the preservation and enhancement of Milford's historic downtown business area.
§ 190-79 Permitted uses.
[Amended 3-15-2021 by Ord. No. 924-2021]
No lot shall be used, and no structure shall be altered or occupied, for any purpose except the following:
A.
Retail sales of goods and services such as bakeries, appliance and electronics stores, gift and stationery shops, groceries, liquor stores, jewelers, florists, clothing stores, convenience goods, hardware stores, ice cream parlors, arts and crafts, pharmacies, camera stores and photographic studios, including photo processing and food stores.
B.
Personal services and facilities such as barbershops, beauty salons, laundry collection, shoe repairing, appliance, radio and television repair, funeral parlors, printing establishments and travel agencies.
C.
Banks and financial institutions not including drive-through facilities.
D.
Restaurants, cafes and taverns, but not including drive-up or drive-through facilities.
E.
Offices for business, executive or professional purposes such as medical, dental, legal, architectural, engineering, financial services, real estate, insurance and marketing.
F.
Hotels, inns and bed-and-breakfast accommodations.
G.
Vocational schools or studios for the instruction of arts, dancing, music, languages and photography.
H.
Public and semipublic buildings and uses including municipal, library and emergency services.
J.
Houses of worship.
K.
Educational institutions (both public and private).
L.
Artisan manufacturing (including distilleries and microbrewing).
M.
Recreational-type uses such as health clubs and spas.
N.
Theatres, community centers, art centers and museums.
O.
Pharmacies but without drive-through facilities.
P.
Two-family duplex residences subject to compliance with the R-2 Zone requirements.
U.
Home care of children for up to five children subject to New Jersey Department of Community Affairs requirements.
V.
Pop-up uses.
[Added 5-1-2023 by Ord. No. 959-2023]
§ 190-80 Conditional uses.
[Amended 10-5-2015 by Ord. No. 837-2015; 3-15-2021 by Ord. No. 924-2021]
None.
§ 190-81 Accessory uses.
§ 190-82 Uses and structures prohibited.
[Amended 3-15-2021 by Ord. No. 924-2021]
Where a use is not explicitly permitted pursuant to § 190-79, it shall be considered prohibited. Additionally, the following uses are expressly prohibited:
A.
Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises or which normally constitutes a nuisance by reason of odor, noise, dust or smoke or which constitutes an unusual fire or explosion hazard.
B.
Junkyards, secondhand material yards and automobile graveyards or disassembly plants.
C.
Repair or machine shops with more than four employees.
D.
Laundries or dyeing and cleaning works with a capacity for employing more than 10 persons in their processes.
E.
Lumber and coal yards, building material storage yards and storage warehouses.
F.
The storage of explosives and the storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks; bottled gas use is permissible.
G.
Milk bottling and distribution plants and other bottling works.
H.
All structures and uses prohibited in the Industrial Zone.
I.
Commercial garages, gas stations, auto body repair or painting and car washes.
J.
Automobile sales, leasing or rental.
K.
All drive-through and drive-up facilities.
§ 190-83 Bulk and area requirements.
§ 190-84 Supplemental regulations.
[Amended 3-15-2021 by Ord. No. 924-2021]
In the B District, all development and redevelopment shall adhere, to the extent possible, to the guidelines identified in the Borough's Master Plan, Land Use Element, regarding the design of structures in the Downtown Business District (B Zone). The following supplemental regulations relate to particular uses to be permitted within the B Business Zone:
A.
Child-care centers. Child-care centers for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential districts.
(1)
The applicant shall submit a site plan in accordance with Article XIV, Site Plan Review Process.
(2)
The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance in accordance with N.J.S.A. 40:55D-66.6.
(3)
Those structures, new or renovated, which will be used solely as child-care centers are required to provide parking at the rate of one space for every 300 square feet of building area. This standard may be amended where the applicant can demonstrate to the satisfaction of the Joint Land Use Board that fewer number of spaces will be required.
(4)
Any outdoor play areas associated with or used by child-care centers are to be secured and located as to assure child safety. Areas are to be reviewed and approved on an individual basis by the Joint Land Use Board.
(5)
The child-care center shall meet all bulk standards of the zoning district in which it is located.
(6)
The child-care center shall be licensed by the New Jersey Department of Human Services.
B.
Downtown residential apartments.
(1)
In the B Zone, downtown residential apartments may not be located on the ground floor, basement or attic of the subject structure.
(2)
No individual unit shall be less than 650 square feet.
(3)
Each unit shall be complete and independent with its own kitchen, bedroom and bathroom.
(4)
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.
(5)
All COAH-certified downtown apartments within the B District must conform to the following:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
As a condition of approval, the accessory apartment owner must be willing to submit an affidavit of continuing use every two years.
(g)
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.
C.
Outdoor dining. Outdoor dining shall be permitted as accessory to an existing indoor restaurant only subject to the following regulations:
(1)
No outdoor table, shelf or other facility to hold food or drink while the same are being consumed shall be permitted in any nonresidential zone except in accordance with this subsection.
(2)
The dining area must be on private property. If any portion of the dining area is on a sidewalk over which the public has a right-of-way, an unobstructed passageway as required for ADA accessibility shall be provided between the dining area and any street, structure, hydrant, lamppost, highway signpost or other obstruction. No portion of the dining area may be closer than four feet to any fire lane, parking lot or loading dock. No portion of any required parking space or loading dock shall be converted to dining area.
(3)
The dining area shall be surrounded by a defining barrier not less than two feet high, such as landscaping, a fence or ropes and posts. If any portion of the dining area is within 10 feet of any area used by vehicles and less than two feet above such area, the barrier shall be designed to protect the dining area unless the same is protected by trees or other means. The placement of tables and chairs in the dining area and the provision of passages through the barrier shall not obstruct entry to or exit from any building. Folding chairs are prohibited. No advertising or product names are permitted on any tablecloths, chairs, umbrellas or any other item or equipment in the dining area.
(4)
No use of the dining area shall be permitted after 10:00 p.m. or before 6:00 a.m., Sunday through Wednesday. Outdoor dining shall not be permitted after 11:59 p.m. or before 6:00 a.m., Thursday through Saturday.
(5)
Convenient containers for trash and recyclables shall be provided. The operator of the dining area shall keep it clean, sanitary and free from litter.
(6)
With the permission of the Board of Health and/or the Fire Department as to the maximum number of people in the indoor and outdoor spaces, the restaurant may serve indoor and outdoor diners simultaneously.
(7)
No retail, restaurant, outdoor dining area, or office in any building shall use any noisemaking instruments, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, which are so situated as to be heard outside any building at a level exceeding 65 decibels during daytime and 50 decibels between 10:00 p.m. and 7:00 a.m. No smoke, dust, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited, except as to sidewalk sales as provided herein.
D.
Sidewalk sales. Sidewalk sales are to be considered special events and shall be permitted provided such do not to exceed more than nine days during each calendar year per business, which days shall be authorized by the Borough Zoning Officer subject to the following standards:
(1)
Goods and merchandise may be displayed only upon a sidewalk area immediately in front of the business establishment selling same and in such a manner as to permit the free flow of pedestrian traffic on the sidewalk at a minimum width of 48 inches.
(2)
Goods and merchandise shall be of the same type and quality as that ordinarily maintained and sold by the business establishment conducting the sale.
(3)
Goods and merchandise shall be displayed in such manner as to permit sales to pedestrians on sidewalk areas. Sales shall not be conducted or made to pedestrians walking or standing in streets, roads or other areas where motor vehicles ordinarily travel.
(4)
No advertising signs larger than 12 inches by 24 inches shall be utilized in sidewalk sales.
(5)
Business establishments adjacent to parking areas may set aside portions thereof by clearly marking some and restricting the areas to sidewalk sales. Booths or other displays shall be located in such a manner as to permit the free flow of traffic through the area.
(6)
Sidewalk sales shall be restricted to the hours of 9:00 a.m. to 9:00 p.m., prevailing time.
(7)
The use of public address systems, bells, music, auctioneers or other devices or activities not otherwise utilized by business establishments in the ordinary course of business shall not be permitted in conjunction with sidewalk sales.
(8)
The location of booths and other merchandise displays along sidewalks and in parking areas shall be subject to approval by an authorized member of the Fire Department of the Borough of Milford. Any party failing to comply with a written directive from either of the agencies shall be deemed to be in violation of this section.
(9)
This provision shall not apply to outdoor display of merchandise provided that the outdoor display does not encroach upon the public right-of-way.
E.
Home occupations. Home occupations shall be permitted as authorized by the Borough Zoning Officer subject to the following standards:
(1)
The following shall be considered permitted home occupations:
(a)
The office of an accountant, architect, dentist, engineer, insurance broker, lawyer, physician, planner, real estate agent, computer professional, marketing agent, public relations professional, literary agent, author or other similar-type professions.
(b)
An artist's studio, a craftsperson's shop, a tailor/seamstress/dressmaker's shop, a baker's shop, or similar artisans' shops or studios where such products are made on premises. Instruction for these occupations is permitted for a maximum of one student at a time.
(c)
Musical instrument or voice instructors. Instruction for these occupations is permitted for a maximum of one student at a time.
(d)
The administrative office of a tradesman whose field of activity is entirely away from the dwelling unit.
(e)
The marketing and sales of products provided that retail sales is not open to the general public.
(2)
Location and size. The office or studio shall be located on the first or street-level floor of the dwelling, and the area thereof shall be limited to not more than 50% of the first-floor area. Storage of related materials or products for sale incidental to the permitted home occupation is permitted but shall be included within the 50% floor area limitation and location restrictions provided for herein.
(3)
The home occupation or profession shall be carried on wholly within the principal dwelling unit.
(4)
The home occupation or profession shall employ not more than three persons, one of whom may be a person who does not reside at the subject dwelling unit.
(5)
Permitted sign. One customary professional or announcement sign, as follows:
(a)
Maximum size of two square feet in area, if attached to the main wall of the dwelling. Said sign shall not be illuminated, by internal or external source; or
(b)
Maximum size of one square foot in area if mounted on a post, provided that such post is set back from the front property line five or more feet.
(c)
No portion of the sign shall have an electronic message center or a changeable copy sign.
(6)
The home occupation or profession may have off-street parking on the premises for customer or client use, provided there are no more than two such spaces.
(7)
Prohibited uses and activities associated with the home occupation or profession.
(a)
Exterior display or exterior storage of materials or commercial vehicles.
(b)
Exterior indication of the home occupation or profession other than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
The home occupation or profession shall not include or be deemed to include the office of a person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises; tearooms; tourist lodges; boardinghouses or lodging houses; beauty parlors; barbershops; nail salons; restaurants; commercial stables and kennels; veterinarian offices; convalescent homes; mortuary establishments; the assembly of or meeting place for employees of one or more persons; stores; trades or hobby shops; or businesses of any kind not herein excepted. Notwithstanding anything to the contrary in this chapter, the home professional office of a physician shall not include a biological or other medical testing laboratory.
§ 190-85 Child-care centers.
Child-care centers for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), shall be a permitted use in all nonresidential districts.
B.
The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance in accordance with N.J.S.A. 40:55D-66.6.
C.
Those structures, new or renovated, which will be used solely as child-care centers are required to provide parking at the rate of one space for every 300 square feet of building area. This standard may be amended where the applicant can demonstrate to the satisfaction of the Joint Land Use Board that fewer number of spaces will be required.
D.
Any outdoor play areas associated with or used by child-care centers are to be secured and located as to assure child safety. Areas are to be reviewed and approved on an individual basis by the Joint Land Use Board.
E.
The child-care center shall meet all bulk standards of the zoning district in which it is located.
F.
The child-care center shall be licensed by the New Jersey Department of Human Services.
§ 190-85.1 Design standards.
[Added 3-15-2021 by Ord. No. 924-2021]
The following design standards shall apply to development within the B Business Zone. Deviations from these standards shall be considered design standard exceptions pursuant to N.J.S.A. 40:55D-51(b) and not variances pursuant to N.J.S.A. 40:55D-70(c).
A.
Purpose. The purpose of this section is to maintain and promote the unique small-town historic character of the downtown area by establishing a set of general design guidelines for new development or exterior alterations to existing structures. General architectural guidelines may be employed to help promote development and redevelopment which is compatible with the existing development character of the areas. New infill development, alterations and renovations should relate to the surrounding environment with regard to such items as building height, scale, massing, setbacks, roof shape, entry treatments and exterior features.
B.
Building improvements in the downtown area should be completed with sensitivity to the architecture and scale of the original structure. This includes the maintenance and restoration of original building facades where possible to capitalize on the unique architecture of the downtown area. Future development should adhere to the following guidelines.
(1)
Maintain the existing building line unless a proposed setback conforms to a larger approved development plan.
(2)
If several storefronts are located in one building, they should be unified in design treatment; e.g., design of windows and door openings, use of materials, color and signage should be coordinated.
(3)
Brick and stone facades should not be covered in artificial siding or panels. Generally, no material will look more appropriate on a facade than that originally used.
(4)
Roof shape and material should be architecturally compatible with the rest of the building and should reflect the area pattern.
(5)
When replacing windows on a facade, windows and window trims of the same size and character as the original should be used. Awnings should be solid or striped canvas. Metal awnings should be avoided.
C.
Architectural considerations. The following architectural examples illustrate architectural design considerations that should be followed pursuant to the purpose and design guidelines outlined in § 190-85.1A and B:[1]
[1]
Editor's Note: Said architectural examples are included as an attachment to this chapter.
D.
Lighting shall be integrated into the design of buildings such that the lighting will complement the architectural elements of buildings and not cause glare and satisfy the following standards:
(1)
Intent. Standards for lighting in the B Downtown Zone are necessary to prevent misdirected or excessive artificial light caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also, that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.
(2)
Security lighting. Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.
(3)
Commercial lighting. Where used for commercial purposes, such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and comply with the following:
(a)
Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(b)
Other upward-directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(c)
Externally illuminated signs, including commercial building identification or other similar illuminated signs, shall comply with the following:
[1]
Top-mounted light fixtures shall be shielded and are preferred.
[2]
When top-mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the sign area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.
(d)
All other outdoor lighting shall use shielded light fixtures.
(4)
Floodlight-type fixtures, once properly installed, shall be permanently affixed in the approved position.
(5)
Foundations supporting lighting poles not installed four feet behind the curb shall not be less than 24 inches above the ground.
(6)
When 50% or more of existing outdoor light fixtures are being replaced or modified, then all lighting must be made to conform to the provisions of this section.
(7)
Light trespass (nuisance light). All light fixtures, except streetlighting, shall be designed, installed and maintained to prevent light trespass, as specified below:
(a)
At a height of five feet above the property line of the subject property, illuminations from light fixtures shall not exceed 0.5 footcandle in a vertical plane as measured at the property line.
(b)
Outdoor light fixtures properly installed, and thereafter maintained, shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any property or public roadway.
(c)
LED lighting is encouraged and shall maintain color temperatures that are considered "warm white" to avoid the blue light spectrum, shall be dark sky friendly and, therefore, shall be limited to color temperatures not to exceed a temperature of 3,000 Kelvin.
(8)
Light fixtures near adjacent property may require special shielding devices to prevent light trespass.