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Millstone City Zoning Code

§ 30-111

TRADITIONAL VILLAGE COMMERCIAL TVC.

[Amended 12-18-2006 by Ord. No. 2006-007]
A. 
Developments. Individual commercial and planned development shall be allowed as provided for herein, subject to a demonstration by the applicant that the following provisions have been met to the satisfaction of the Planning Board.
B. 
Purpose. The purpose and intent of this district is:
(1) 
To provide for a Traditional Village Commercial with diversity of uses, and block sizes, and with second story dwelling apartments and green spaces in a compact arrangement that promotes walkability.
(2) 
To encourage new development, which emulates the character found places within the Historic District of the downtown and maintain the character of the historic village center.
(3) 
To promote a streetscape quality to traditional village commercial development that furthers the identity of the Borough of Millstone as a charming habitat and worthy destination within the historic Millstone Valley area.
(4) 
To encourage a combination of business and apartment uses within the central area of the Borough, which enables jobs and employment opportunities close to home.
(5) 
To provide for affordable housing on site.
C. 
Key design elements.
(1) 
Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, no mixed-use development, and no sidewalks), traditional village commercial development shall promote a more compact, integrated and sustainable development pattern and shall have the following key design elements, as applicable:
(a) 
Mix of uses — combines commercial retail, offices, residential apartments, civic, and open space uses in a diversified but seamless arrangement; also combines first floor retail with second floor dwellings and/or offices; encourages live-work units.
(b) 
Provides for the continuity of retail establishments with entrances in close proximity to each other and facing the primary street.
(c) 
Network system of interconnecting streets — organizes a block and pattern of lots; integrates parking lots between separate uses; links with nearby Traditional Neighborhood Development streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.
(d) 
On-street/parallel parking — provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along major County highways.
(e) 
Shallow setbacks — helps to create an outdoor room sense of space, with two to two and one-half story buildings, typically from 90 to 95 feet across from one another on both sides of the street; promotes a human scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line create a street wall.
(f) 
Front porch/portico/colonnade — serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.
(g) 
Sidewalks/crosswalks/pedestrian paths/walkways — serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close to home opportunities for exercise; enhances wayfinding and an appreciation of the neighborhood/place.
(h) 
Shade trees — provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, provide an old shade character.
(i) 
Other vertical infrastructure — includes fences, hedges, walls, street lamps, benches, or like features.
(j) 
Linkage to the future Heritage Park — includes a pedestrian linkage between the commercial development located north of County Route 514 and the Heritage Park in a manner that is acceptable to the Planning Board.
D. 
Use and building regulations.
(1) 
Buildings shall have a size, height, scale and proportions that complement development on adjacent properties.
(2) 
Regardless whether fee-simple lots or some form of common ownership is to be used, when traditional village commercial developments are first created, the proposed lots shall be laid out and designated as either nonresidential (which may include live-work units) or green space. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.
(3) 
The following uses shall be permitted by right.
(a) 
Adaptive reuse of existing buildings for uses permitted herein.
(b) 
Conversions of existing buildings for uses permitted herein.
(c) 
Institutional uses such as municipal building, library, museum, and private club.
(d) 
Small commercial buildings, where the average first floor size of multiple buildings shall be no greater than 2,800 square feet in area and the maximum first floor size shall be no greater than 4,000 square feet, and shall further be limited to the following uses on the first floor: Retail sales and service establishments but not limited to gift shops, antiques, books, news stands, food markets, farm or nursery sales, bakeries, clothing stores, coffee shops, bars or taverns or restaurants, or banking institutions with no drive-through windows, realtors, travel agents, attended laundry services, crafts and other similar uses, personal service facilities, such as barbershops, beauty salons, laundry collection, spas, health clubs, shoe repair, cleaning and garment services, and other similar uses.
(e) 
One building for one drugstore provided that the first floor area is no larger than 11,000 square feet, that the use is limited to the first floor, that there are no drive-through windows on the front or the side of the building, and that there are no more than one of these uses within the Traditional Village Commercial District (TVC). In order to match the character of the Historic District, the building shall have multiple rooflines to relieve the perceived scale of the structure.
(f) 
One building for one inn that incorporates a restaurant and banquet facility with a maximum of one overnight guest room for each 1,000 square feet of first floor area, provided such guest rooms are not for boarders, the first floor area is no larger than 10,000 square feet, that the minimum lot area is one and one-half acres, there are no drive through windows, and that there are no more than one of these uses within the TVC.
(g) 
Offices, when limited to the second floor, and limited to the following uses: Investments, architects, engineers, lawyers, accountants, realtors, travel agents, doctor or dentist office, and other similar uses.
(h) 
One automotive service station for the sale of oil and gasoline, automotive accessories, mechanical service and tires, but not the sales of mechanical car wash, body work, mini mart, or the storage of vehicles, provided that the minimum site area is 30,000 square feet, that there are no greater than eight individual fuel loading stations, and that there are no more than one of these uses within the TVC.
(i) 
Apartments, when limited to the second floor above retail use, except a gas station.
(j) 
Affordable housing.
(4) 
The following uses shall be permitted as accessory uses:
(a) 
Public and private parking in accordance with Section 30-115.1, to the extent the standards set forth herein are not applicable.
(b) 
Signs in accordance with Section 30-114 to the extent the standards set forth herein are not applicable.
(c) 
Fences and walls in accordance with Section 30-115.3.
(5) 
The following use is permitted by conditional use in accordance with Section 30-115.2:
(a) 
House of worship.
E. 
Use composition, dwelling unit composition and density/ intensity.
(1) 
Use Composition.
(a) 
Nonresidential development shall comprise 100% of the total first floor area of the permitted buildings within the TVC area and may comprise up to 25% of the second floor area of the TVC area, when there is more than one building on the premises, otherwise nonresidential development may take up to 100% of the second floor area, exclusive of the area of perimeter street rights-of-way.
(2) 
Dwelling Unit Composition.
(a) 
Except for gas station and inn uses, there may be up to one second floor apartment for each 1,000 square feet of first floor retail space in accordance with the following minimum special requirements:
[1] 
Efficiency apartment: Minimum of 600 square feet.
[2] 
One bedroom apartment: Minimum of 900 square feet.
[3] 
Two bedroom apartment: Minimum of 1,100 square feet.
[4] 
Three bedroom apartment: Minimum of 1,300 square feet.
(3) 
Density/Intensity.
(a) 
Except for the gas station use, which may be one story in height, to reduce the amount of building coverage, nonresidential buildings shall be two or two and one-half stories in height to maximize green space.
(b) 
Maximum building coverage: 20%.
(c) 
The maximum allowable impervious surfaces: 70%.
F. 
Detail design standards.
(1) 
Green Space Requirements.
(a) 
A landscaped green space of at least five feet in width shall be designated and maintained along any property line, which directly abuts public lands. Such green space shall be landscaped in accordance with a landscape plan that will provide a full dense all weather screen with a height of 10 feet within 10 years.
(b) 
Within the traditional village commercial development area, a variety of green spaces shall be designed to complement the nonresidential development. A minimum of 10% of the total site area shall be designated, landscaped and maintained as green space.
(2) 
Streets, Alleys and Access Ways.
(a) 
Streets, alleys and access ways shall form an interconnected vehicular circulation network to the maximum extent practicable.
(b) 
County Route 514 shall be widened to be sufficient in width to provide for two on-street parking aisles plus three travel lanes for a total cartway width of 55 feet, unless authorized otherwise by Somerset County.
(c) 
Provisions shall be made for traffic calming along County Route 514; including, but not limited to bumpouts, pedestrian walkways, and median islands, unless authorized otherwise by Somerset County.
(d) 
All parking areas shall be placed at the rear or side of the buildings and shall have cross easements to adjoining properties to provide for linked parking lots.
(3) 
Sidewalks and Pathways.
(a) 
Sidewalks of at least five feet six inches in width shall be constructed and maintained along all streets. Internal sidewalks shall be a minimum of four feet in width.
(b) 
All sidewalks abutting County Route 514 shall be brick to match the existing sidewalks within the Borough on Main Street.
(4) 
Street Trees and Other Landscaping.
(a) 
Street trees shall be planted on the equivalent of one tree per 35 feet, per each side of the road. Landscaping and plantings shall comply with the Borough's landscaping design standards. All street trees shall be planted within the right-of-way or within a five foot street tree landscape easement located adjacent the edge of the right-of-way.
(b) 
Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls are essential to a traditional village commercial development area and shall be subject to plan approval by the Planning Board.
(c) 
Nonresidential parking areas shall be buffered from the street by landscaping and/or compatible fencing or walls.
(d) 
For any building renovation or new construction, ornamental street post lights shall be placed at a minimum spacing of 80 feet along all sidewalks and shall match the approved street lighting.
(5) 
Building Design.
(a) 
The buildings in the Traditional Village Commercial District shall be subject to review by the Historic District Commission and the Borough Planning Board.
(b) 
All buildings, whether fronting onto a dedicated street or internal non-dedicated street, must be placed to encourage continuous uninterrupted pedestrian pathways and link large and attractive shop windows and access points. Blank walls shall not be permitted to front onto dedicated or non-dedicated street frontages.
(c) 
Building Frontages: All building facades fronting along a street shall have window and door openings facing the street. For all building facades facing a parking area, or the rear of the building, secondary windows and doors facing the parking or rear service area are encouraged. At a minimum, there shall be some kind of articulation to emulate the scale of windows and doors on these facades.
(d) 
Building Forms: Where an existing building is to be reused and its design is nonconforming, every effort shall be made to change the detail of the roofline to eliminate an existing flat roofline, and enhance the canopy, and window and door treatment to break up the expansive length of the building.
(e) 
Windowless Walls: Windowless walls seen from the right-of-way, or vehicular or pedestrian circulation areas, are prohibited, unless the construction of the blank wall is necessitated by local building codes, in which case the wall details must match the details in the masonry courses, color, cornice, etc. to match the general character of other sides of the building.
(f) 
Roof Design: All buildings shall have pitched roofs, with either overhangs or cornices on all sides extending a minimum of 12" beyond the building wall. A variety of ridge heights and/or dormers, masonry chimneys and cupolas shall be included in the design of the buildings.
[1] 
Except for porch roofs, all gable roofs shall have a minimum pitch of 9/12 (vertical/horizontal), and all hipped roofs shall have a minimum pitch of 6/12.
[2] 
Roofing materials shall vary on buildings to feature porches, cupolas, or bay windows.
[3] 
Flat roofs shall be prohibited.
(g) 
Awnings, Canopy or Porches: Permanent porches, canopy, arcade or awnings that can be cranked out to protect pedestrians along the fronting sidewalk are encouraged. Awnings intended primarily as signs are prohibited.
(h) 
Building Materials: Roofing may be fiberglass architectural shingles that represent slates or wood, artificial slate or shakes, wood shakes, or metal. Siding may be a combination of brick, architectural or real stone, stucco, and concrete or wood siding. EIFS (exterior insulation finishing systems, such as Dryvit) and aluminum and vinyl siding and shutters are prohibited. Windows shall have detailed mullions and shutters with hardware, where appropriate.
(6) 
Parking and Parking Lots.
(a) 
Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks. On-street parking, when located in front of the parcel, shall be used in calculating the minimum required parking.
(b) 
Parking lots shall be located to the rear or sides of buildings.
(c) 
Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(d) 
The following parking requirements shall apply:
[1] 
Retail uses 1 space per 200 sq. ft.
[2] 
Office uses 1 space per 300 sq. ft.
[3] 
Medical office uses 1 space per 150 sq. ft.
[4] 
Restaurant, Bar 1 space per 4 seats
[5] 
Inn room .5 spaces per room
[6] 
Apartment .5 spaces per apartment
(e) 
All nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings or similar elements. When adjacent public lands, there shall be a continuous solid fence that is a minimum of five feet high.
(7) 
Off-Street Loading Areas, Outdoor Storage and Trash Disposal Areas.
(a) 
All loading areas and loading docks shall be located to the sides and rear of all buildings. Loading docks shall not be visible from public streets; however, loading areas may be designated on street. There shall be one loading space per each 40,000 square feet of commercial space. It shall be demonstrated that loading vehicles can access a loading area without impacting upon any parking area. Loading areas shall be screened with a combination of fencing and evergreen landscaping to screen the loading areas from parking areas, the road, or access into apartments or retail establishments.
(b) 
Outdoor storage or display of materials shall not be permitted.
(c) 
Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.
(8) 
Signs.
(a) 
Signs must accomplish all of the following:
[1] 
They must be clearly visible to the pedestrian shopper;
[2] 
They must be sufficiently legible to the passing motorist; and
[3] 
They must create as a group a vibrant and varied character that compliments and enhances the varied buildings and unifies the streetscape within the village.
(b) 
Signs shall be designed to maintain an overall theme for the Millstone TVC area so that there is continuity within the district.
(c) 
All signs shall be externally lit.
(d) 
No sign shall be placed within a sight triangle area.
(e) 
The following sign standards apply to all uses within the TVC district.
[1] 
No use shall have more than two signs per street frontage and no more than one sign facing the parking area when located in the side or rear of the building; except for a service station, if it is located on a street corner, then there shall be no greater than two signs per each facade facing a street plus one sign per each façade not facing a street.
[2] 
The following signs are permitted:
[a] 
One projecting sign, provided they project no greater than four feet from the building façade; the bottom of the sign is at least eight feet above the sidewalk; and that the sign is no greater than six square feet, except that for a building greater than 10,000 square feet the area of the projecting sign shall be no greater than 12 square feet.
[b] 
One sign painted on shop windows, provided it does not take up more than 40% of the window area;
[c] 
One sign on an awning provided that it is prohibited on the angled portion of the canopy and located on the vertical face of the awning flap. Numbers and letters shall be no taller than six inches; Plastic, backlit awning signs are prohibited.
[d] 
One wall sign, provided that the sign is placed in a manner that does not hide the architecture of the building and the area of the sign is no larger than six square feet, except that for a building greater than 10,000 square feet the area of the wall sign shall be no greater than 25 square feet.
[e] 
One freestanding sign for a service station use only, provided that the sign shall not exceed a height of six feet, as measured from the ground, and the area of the sign shall be no greater than nine square feet in area per each side.
[f] 
One changeable copy sign posting the price of gasoline for a service station use provided that the area of the sign shall be no greater than 12 square feet per each side and the height shall be no higher than six feet as measured from the ground.
[g] 
There shall be no signs on the canopy or marquee located over the pumps of a service station. In addition, such canopy or marquee shall not have any backlit area. All lighting shall be directed down onto the pump dispensing area.
[h] 
Directory Signs: Pedestrian oriented directory signs may be permitted throughout the TVC district when located along a walking path or adjacent a parking area. Any such directory sign shall include a map of the TCV, shall identify all of the uses within the TVC, and may include space to advertise civic or special events. The total area of the directory sign shall be no greater than eight square feet and the maximum height shall be six feet. A decorative canopy over the projecting sign is encouraged.
[i] 
Directional signs shall not be permitted when they can be visible from the Heritage Park or public open space.
[3] 
All signs shall be subject to review by the Historic District Commission and the Borough Planning Board only as part of the overall site plan review process.
G. 
Dimensional requirements.
(1) 
Front Setback for Principal Buildings.
(a) 
Front yard: 10 feet minimum; 15 feet maximum.
(b) 
Awnings and porches may encroach into the front yard, but may not extend any closer than four feet from the right-of-way.
(2) 
Side Yards for Principal Buildings.
(a) 
Seven and one-half feet minimum;
(b) 
There shall be a minimum spacing of 15 feet between buildings.
(3) 
Rear Yards for Principal Buildings.
(a) 
Fifteen feet minimum yard setback for the principal building.
(4) 
Minimum Lot Size. Minimum lot size shall be based upon the first floor area of the principal building, unless otherwise stated herein:
(a) 
For buildings less than 4,001 sq. ft.: 6,000 sq. ft.
(b) 
For buildings greater than 4,001 sq. ft. and less than 8,001 sq. ft.: 10,000 sq. ft.
(c) 
For buildings greater than 8,001 sq. ft. and less than 10,001 sq. ft.: 1.5 acres.
(5) 
Minimum Lot Width.
Minimum lot width at the minimum building setback line: 75 feet. In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall be created.
(6) 
Maximum building height.
(a) 
Thirty-five feet or two and one-half stories, whichever is less.
H. 
Hours of operation. All business establishments within the Traditional Village Commercial district may operate within the hours of 6:00 a.m. and 10:00 p.m. except where the business establishment is attached to or part of a residential unit, in which case the hours of operation are limited to the time period between 7:00 a.m. and 10:00 a.m. However, any business establishment within the district may operate for hours longer than the hours provided herein for up to four days in a calendar year, which may be consecutive or non-consecutive, by notifying the Borough Clerk at least 48 hours prior to the extended hours of operation. The sale of alcoholic beverages at retail shall be exempt from the hour limitations contained herein.
I. 
Other requirements.
(1) 
All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground.
(2) 
All utilities shall be placed where they will not interfere with the placement of street trees or landscaping on the individual lots.
(3) 
If the development is to be carried out in phases, each phase shall be so planned that the intent of the Development Ordinance shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the site and subdivision plans.
(4) 
All streets, whether public or private, shall have a right-of-way.
(5) 
Drive-through windows to service any use shall be prohibited on the front or sides of buildings within this district.
(6) 
Storm water management systems may be located in the vicinity of the County detention basin located on the south side of County Route 514 or underground on site.