Millville City Zoning Code
ARTICLE XII
Zoning District Regulations
§ 30-106 Schedule of District Regulations.
A.
The schedules of regulations entitled, "City of Millville Schedule of District Regulations," attached hereto,[1] related to the districts appearing on the Zoning Map made a part hereof this chapter, applying to the uses of land and buildings, the yard and other open spaces to be provided contiguous thereto, and all other matter contained therein, as indicated for the various zones established by this chapter, is hereby declared to be a part of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The regulations listed for each zone are designated, reading from left to right across the schedule, are hereby prescribed for such zones, subject to the other provisions contained in this chapter and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated. The Board of Adjustment shall decide questions of interpretation of the use lists as set forth on the schedule above referenced.
§ 30-107 Airport Safety Zone (ASZ).
A.
Purpose. An Airport Safety Zone (ASZ) is established in accordance with the requirements of the Air Safety and Zoning Act of 1983, as amended, N.J.A.C. 16:62-1.1 et seq. The City shall not grant site plan or subdivision approval, or variances for land use or development activity within the Airport Safety Zone which would be contrary to the standards of this chapter. The purpose of the Airport Safety Zone is to establish minimum standards for the control of airports and land use adjacent to airports to prevent the creation of airport hazards. No person shall build, rebuild, create or cause to be built, rebuilt or created any object or structure, or plant, or cause to be planted or permit to grow, any tree or vegetation which will interfere with, diminish, change, or obstruct the airspace, landing, and takeoff area available for the landing and takeoff of aircraft at the Millville Municipal Airport.
B.
Applicability. All lands located within the Airport Safety Zone, as delineated on the Millville Zoning Map[1] and on the Millville Airport Safety Zone (ASZ) Map shall be governed by the standards and procedures specified in this chapter. Applicants seeking development approval for lands within the Airport Safety Zone should consult with the City development review staff for further guidance and interpretation of these requirements.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Delineation of the Airport Safety Zone. The Airport Safety Zone shall consist of a runway subzone, two runway end subzones, and two clear zones, as defined below. The methodology used to delineate the overall construction and outermost boundaries of the Airport Safety Zone is further graphically depicted in Figure 3.[2] The outermost boundaries of the runway subzone and runway end subzones shall comprise the full extent of the Airport Safety Zone.
[2]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
D.
Delineation of runway subzone. The runway subzone consists of a rectangle having the same center line and length of each runway and a width of 2,350 feet (See Figure 1[3]).
[3]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
E.
Delineation of runway end subzones. The runway end subzones consist of trapezoids located at either end of the runway subzone along the flight approach and departure path. Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway. The base of the runway end subzone coincides with the end of the runway subzone, and has a width of 2,350 feet. The width of the runway end subzone narrows as the distance from the end of the runway subzone increases. Its final width is 850 feet (See Figure 2[4]).
[4]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
F.
Delineation of the clear zones.
(1)
The clear zones consist of trapezoids located within the runway end subzone along the flight approach and departure path.
(2)
Each clear zone extends 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(3)
The base of the clear zone is co-located with the end of the runway subzone, and has a width of 250 feet. The width of the clear zone increases as the distance from the end of the runway safety zone increases. Its final width is 450 feet (See Figure 7[5]).
[5]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
G.
Permitted uses. Uses permitted within the Airport Safety Zone shall include those permitted in the underlying base zoning district, as limited or restricted by the following standards prescribed by N.J.A.C. 16:62-1.1 et seq., Air Safety and Zoning.
(1)
Permitted uses within the Airport Safety Zone shall include the following uses:
(a)
Residential, single-family dwelling units on a minimum lot size of three acres and not located in the clear zone. All residential dwellings must be physically located outside the clear zone;
(b)
Open space;
(c)
Agricultural uses;
(d)
Roads, highways, rail rights-of-way;
(e)
Airports;
(f)
Commercial uses, if not located in the clear zone; and
(g)
Industrial uses, if not located in the clear zone.
(2)
Prohibited uses within the Airport Safety Zone shall include:
(a)
Residential (dwelling units) not situated on a lot of at least three acres in size;
(b)
Planned unit developments;
(c)
Multifamily dwellings;
(d)
Hospitals;
(e)
Schools;
(f)
Aboveground, bulk tank storage of compressed flammable or compressed toxic gases and liquids;
(g)
Any use that may attract masses of birds;
(h)
Above grade major utility transmission lines and/or mains; and
(i)
Within the runway end subzones only, the aboveground, bulk tank storage of flammable or toxic gases and liquids.
(j)
Uses that may attract massing birds, including landfills;
(k)
Aboveground major utility transmission lines and/or mains.
H.
Vertical standards. The following shall define vertical limits up to which structures or growth of trees within the Airport Safety Zone:
(1)
Minimum obstruction ordinance standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For purposes of determining vertical standards, the horizontal plane of the runway elevations at the Millville Airport shall be 87 feet above sea level. This provision is further graphically depicted in Figure 4.[6]
[6]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(2)
From the elevation in Subsection H(1) above, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone are determined by establishing planes from the edges of the longitudinal zero foot development restriction line established in N.J.A.C. 16:62-4.2c which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of the Airport Safety Zone at the elevation of 150 feet above its starting point at the longitudinal zero foot development line.
(b)
The methodology used to establish the vertical standards within the runway subzone is further graphically depicted in Figure 5.[7]
[7]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(3)
The vertical standards within the runway end subzone are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its 3,000 feet length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero foot development line.
(a)
The vertical standards within the remainder of the runway end subzone are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection H(3) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection H(3) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
(b)
The methodology used to establish the vertical standards within the runway end subzone is further graphically depicted in Figure 6.[8]
[8]
Editor's Note: Said figure is included in the attachment titled "Airport Safety Zone Dimensions," which is included as an attachment to this chapter.
(4)
Variance procedures. Any variance or other relief from the standards of this chapter granted by the City of Millville shall be conditioned upon the issuance of a permit by the New Jersey Commissioner of Transportation allowing the variance or relief. The procedures to be followed for issuance of a permit by the Commissioner shall be in accordance with N.J.A.C. 16:62-1.1 et seq.
(5)
Airport master plan. In the event that any condition or standard as prescribed or set forth in the Schedule of District Regulations[9] in relation to the AE-Airport Enterprise District are inconsistent with the requirements of the Millville Municipal Airport Master Plan, the requirements of the Master Plan shall be followed to the exclusion of the requirements set forth in this chapter.
Millville Airport Safety Zone (ASZ) Map  Source: Map 10 from, "City of Millville Land Use Plan Element," LPS Local Planning Services, January 2017, updated to current regulations and terminology of "Airport Safety Zone." |
[9]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.2 (Reserved) [1]
[1]
Editor's Note: Former § 30-117.2, Classes of state cannabis licensed uses not permitted in any zone, was repealed 8-19-2025 by Ord. No. 22-2025.
§ 30-117.3 Low Density Residential District (LDR).
A.
Purpose. The purpose the Low Density Residential Zoning District is to maintain the existing rural character, low density residences, farmland, agricultural related services and passive recreation uses. Subdivision of large properties into long, narrow lots is discouraged. Areas included in the low density residential zoning district should maintain low residential densities sufficient to accommodate water quality standards. Sufficient road frontage should be required to avoid long narrow lots. This zoning district is not intended to be included in any future sewer service area.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.4 Medium Density Residential District (MDR).
A.
Purpose. The desired development pattern in the Medium Density Zoning District is single-family detached housing units on a quarter acre to one-acre lots. The Medium Density Residential Zoning District may also contain parks, schools and other civic uses for use by local residents. These residential neighborhoods are located in areas that are beyond walking distance from the availability of goods and services. Future development should be geared primarily towards auto-dependent single-family residences. Commercial uses that are in character with surrounding development should only be permitted as a conditional use. All of the development in this zoning district is service by public water and sewer.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or building and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.5 High Density Residential District (HDR).
A.
Purpose. The desired development pattern in the High Density Residential Zoning District is a traditional neighborhood setting consisting of single-family attached and detached housing units on lots of at least 1/8 acre in size. These sections of the City are the most urban in nature and become less dense further away from the Downtown Commercial area. The street grid pattern should encourage pedestrian circulation and access to parks, schools and other civic facilities. This residential district surrounds the Downtown Commercial area so additional commercial uses are not permitted since the adjacent Downtown, Neighborhood Commercial and Highway Commercial Districts serve the residences. Many larger homes have been subdivided into small apartments increasing the overall density of the area. All of the development in this district is served by public water and sewer. Additional commercial uses should not be permitted in this district as it is served by the adjacent Downtown, Neighborhood and Highway Commercial land use categories. Lot consolidation and the creation of multi-floor townhouses and garden apartments with off-street parking to meet the need for a diversity of housing opportunities is encouraged. To minimize conversions and reduce code violations, the minimum permitted area of a dwelling unit is 900 square feet. New apartment units that may result from conversion of existing residential buildings should be modern, safe, and not overcrowded.
B.
Permitted uses.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.6 Multi-Family Residential District (MFR).
A.
Purpose. The City intends to continue its commitment to allow a diversity of housing types and sizes throughout the community. An array of multifamily housing options should be accommodated in areas that are close to civic, retail and employment centers. The Multi-Family Residential Zoning District contains properties that are designated as future affordable housing sites consistent with any future Housing Element and Fair Share Plan. Existing apartment buildings and apartment complexes should continue to be permitted and expanded.
B.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.7 Mobile Home District (MHD).
A.
Purpose. The purpose of the Mobile Home Residential District is to permit the existing mobile home parks and to permit their improvement and potential expansion in the areas in which they are currently situated.
B.
Following are the standards under which mobile home residences may exist in the City of Millville:
(1)
Any enlargement or extension of any existing mobile home park at the time of adoption of this chapter shall require a conditional use permit as if it were a new establishment.
(2)
All driveways, streets, accessways, parking areas shall be paved with a hard surface material.
(3)
All areas not used for access, parking, circulation, buildings and services, shall be completely and permanently landscaped and the entire site maintained in good condition.
(4)
Any site plan for a mobile home park shall show in addition to all details and information set forth in § 30-45, the following:
(a)
A layout of individual lots or parking spaces and the sequence for their development including a schedule of development if staging is proposed.
(b)
A typical lot layout for any mobile home site.
(c)
An open space and recreational area plan showing where such facilities shall be developed and the scheduling of such development.
(5)
All mobile home parks shall conform to the maximum and minimum lot standards set forth in the MHR Zoning District as shown on the Schedule of District Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(6)
No more than 100 mobile home spaces or sites shall be permitted in any one mobile home park, except that the Planning Board may, for good cause shown, grant a conditional use permit to allow an extension of a trailer court to a maximum of 250 trailer spaces or lots, provided that any application for a permit under this section shall be subject to the provisions of site plan review and provided further that the extended portion of the trailer court or mobile home park complies with the provisions of Chapter IX, Mobile Home Parks, of the New Jersey Sanitary Code.
(7)
Mobile home parks shall only be permitted where the availability of public sanitary sewer and potable water exist or can be made available by the applicant for approval of such uses.
(8)
Sufficient open space and recreational areas shall be established in connection with any mobile home park shall equal not less than 20% of the total area of the. The area shall be permanently maintained through a homeowners' association or by the owners of the park or court. Not less than 50% of the open space or recreational area shall be developed with active recreational facilities such as swimming pools, picnic areas, ball fields and courts or other facilities. Such areas shall be of a suitable size and shape to provide meaningful recreational areas for their proposed use.
(9)
Mobile home parks shall be provided with pedestrian walkways and shall have areas provided for the regular collection of solid waste.
(10)
Lease or deed restrictions shall be required to insure that individual mobile home occupants maintain their mobile homes and the lots or spaces upon which they are located. Such maintenance shall include landscaping, yard care and maintenance, refuse and trash collection and proper disposal, installation and maintenance of skirting around the mobile home or trailer, and the overall maintenance of the exterior of any mobile home and trailer. Lease agreements or deeds for use and/or purchase of mobile home spaces or lots shall be subject to the approval of the Planning Board as to sufficiency in this regard.
(11)
No mobile home parked in a mobile home park shall be less than 14 feet by 60 feet or have a minimum habitable floor area of less than 900 square feet.
(12)
All streets, parking areas and public areas within a mobile home park shall be provided with adequate lighting.
(13)
There shall be a minimum of a thirty-foot buffer maintained around any mobile home park. This area may be used for individual mobile home space lot yard area, provided that no structure is placed within it.
(14)
The replacement of a mobile home in a location on which a mobile home was previously present is permitted as long as the new mobile home is placed in the same or similar location (if the new mobile home is larger or smaller than the original mobile home), and the new mobile home is at least 14 feet by 60 feet or has a minimum habitable square footage of 900 square feet.
[Added 11-8-2023 by Ord. No. 35-2023]
C.
Permitted principal uses. See Schedule of District Regulations in Attachment 1.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
D.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
§ 30-117.8 Laurel Lake Residential District (LLR).
A.
Purpose.
(1)
The purpose of the Laurel Lake Residential Zoning District is to avoid inappropriate residential densities within areas that exhibit or are prone to exhibit poor environmental conditions for septic systems. Specifically, these are areas with a low depth to seasonal high water table and/or soils with poor drainage characteristics. The uses in the LLR District are similar to the Medium Density Residential Zoning District, however, bulk requirements take into consideration the seasonal high water table. Lot consolidation in the LLR District is encouraged wherever possible to minimize impacts to groundwater from septic systems.
(2)
The Laurel Lake Residential District is situated within a residential district that previously was within a Seasonal High Water Table/Critical Areas overlay district. It is recognized that the development of any parcel of land is impacted by existing environmental conditions, and negative impacts on site development can be exacerbated by existing dense development and small lot sizes. The Laurel Lake community was developed without public water or sewer service and, in the 1920's, the area was subdivided into over 3,700 small, twenty-foot-by-one-hundred-foot lots that were developed over time. Approximately half of the lots are developed for residential use and the remaining lots are either vacant or municipally owned and have the potential for residential development. Depending on the depth to the seasonal high water table, a minimum of five lots, or potentially 20 contiguous lots are required for development.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Applicability. The standards of the LLR District were developed based on a special study of affected areas, adopted as part of the 1990 Master Plan, entitled "Land Use, Environmental Conditions and Alternative Solutions for the community of Laurel Lake, Millville, New Jersey." Based on the conclusions and recommendations of the aforementioned report, the minimum lot size standards contained herein shall be strictly enforced. Land falling within the following classification shall be subject to the standards contained in this district:
(1)
Critical areas. Non-sewered land located within an LLR Zoning District as shown on the City of Millville Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
Seasonal high water table (SHWT). All areas within the LLR where the seasonal high water table is encountered within 10 feet of the surface as indicated by mottling or other physical evidence. Such areas will include those soil classifications as contained in the "Soil Survey of Cumberland County." For purposes of this chapter, "seasonal high water table" is defined as the upper limit of the shallowest zone of saturation which occurs in the soil. Measurement of the seasonal high water table is more fully described in § 30-117.8E of this chapter.
E.
Regulations for the LLR District.
(1)
Minimum parcel size; SHWT factor.
(a)
Any use which is permitted in the LLR District shall be permitted in the Critical Area/Seasonal High Water Table District, provided that the minimum size parcel permitted for development is determined in accordance with the following table:
Depth to Seasonal High (in feet) | Minimum Lot Size (square feet) |
|---|---|
2 or less | 40,000 |
3 to 4 | 30,000 |
5 to 7 | 20,000 |
8 to 9 | 16,000 |
10 or more | 10,000 |
(b)
The SHWT factor shall be determined based on the average depth to SHWT within the parcel considered for development and must be established and certified by a licensed professional engineer. In determining the SHWT factor, the depth to SHWT shall be rounded off to the nearest even foot.
(c)
In establishing the average depth to SHWT, the engineer shall provide a minimum of one soil boring to a depth of 10 feet at a location being at the average elevation between the upslope and downslope sides and as near to the center as possible of the parcel being considered for development. The soil log shall describe in detail all profiles and characteristics of the soils encountered. Additional soil borings, topography and other site-specific information may be required on parcels exhibiting extreme variations in site conditions, and shall be provided as necessary to support the establishment of the average depth to SHWT within the said parcel.
(2)
Any of the following uses are permitted uses in the Laurel Lake Residential District without regard to SHWT, provided that no building or structure, including swimming pools, driveways and parking areas, or on-lot sewage disposal facilities, shall be constructed within the critical area as herein defined.
(a)
Woodland preserves and open spaces.
(b)
Reforestation in accordance with recognized conservation practices.
(c)
Recreation uses.
In such case where there is a conflict between the minimum lot size required based on depth to seasonal high water table and the minimum permitted by the LLR Schedule of District Regulations, the more stringent requirement shall apply. |
(3)
In considering a development application for subdivision within a critical area, the Planning Board shall place such conditions on the development as may be necessary to ensure that the development is designed in such a way as to minimize the impact of the development on the critical area and on the public health, safety and welfare of the City. Such conditions include, but are not limited to:
(a)
Prohibiting development in all or parts of the critical area;
(b)
Requiring deed restrictions governing uses of the critical areas of the property;
(c)
Limiting tree or vegetation removal in the critical areas;
(d)
Limiting the size of the structure or the amount of disturbed area;
(e)
Requiring specific erosion or stormwater quantity or quality controls;
(f)
Acquisition of any other local, state, county or federal permits.
F.
Submission requirements.
(1)
Subdivision (major or minor). Any development application for subdivision approval for lands within the areas regulated by this chapter must submit to the Planning Board the following:
(2)
Single-family dwellings. Any person constructing a single-family dwelling within the areas regulated by this chapter must submit to the Zoning Officer the following:
G.
Exceptions and variances for critical areas.
(1)
Variances to the critical area regulations shall be heard as "C" variances. The Zoning Board of Adjustment may grant a variance to any provisions of these critical area regulations in accordance with the procedures for a "C" variance. The Zoning Board may request detailed plans, sketches, and the preparation of an environmental impact study or modified form thereof. In considering such requests for exceptions, the Zoning Board may refer the request for exception to the City Engineer, Planner and County Board of Health for recommendations. Such recommendations shall be made within 30 days after receipt of referral. Where applicable, in accordance with the New Jersey Municipal Land Use Law,[2] the Planning Board may act in place of the Zoning Board of Adjustment.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Where actual site work demonstrates that the seasonal high water table estimate resulting from the soil boring as required in § 30-117.8E is incorrect, the zoning permit is no longer valid.
(3)
If a septic system design has been approved and permit issued by the Cumberland County Department of Health for an affected parcel prior to the effective date of this chapter, the minimum requirements established by the LLR Zoning District shall be enforced for purposes of obtaining a zoning permit.
§ 30-117.9 Lakeshore Mixed Use District (LMU).
A.
Purpose.
(1)
The vision for the Lakeshore Mixed Use Zoning District is for mixed use development including residential, retail, professional offices, continuing care retirement community, recreation and educational facilities. The retail uses should be closer to Union Crossing Boulevard and the residential uses should be closer to Union Lake. The Lakeshore Mixed Use Zoning District should continue to preserve the environmental integrity of Union Lake through proper mitigation measures that minimize the effects of development, preserve the view of the lake, maintain a corridor for wildlife along the lake's edge and provides appropriate locations for passive recreation and other open space. Mixed use development, which offers a diversity of uses and preserves a maximum amount of woodland, is encouraged on this district.
(2)
The Lakeshore Mixed Use Zoning District provides flexibility in the design of a mixed use project. The zoning shall be consistent with any and all NJDEP regulations and shall maintain the proper riparian buffer and threatened and endangered species habitat buffers. The zoning encourages larger retail and office uses adjacent to the existing hotel and access roads with less intense uses and more open space moving toward Union Lake. A flexible long-range general development plan is encouraged for this property to ensure it is developed in a balanced manner.
B.
Permitted uses.
(1)
Planned mixed use development in accordance with a general development plan that may consist of the following permitted uses:
(a)
Single-family detached dwellings.
(b)
Townhouses.
(c)
Offices.
(d)
Retail uses.
(e)
Service uses.
(f)
Continuing care retirement community.
(g)
Government buildings.
(h)
Retail uses.
(i)
Service uses.
(j)
Forestry and wildlife conservation areas or uses.
(k)
Parks, playgrounds, playfields and similar recreation facilities.
(l)
Educational facilities.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.10 Downtown Commercial District (DC).
A.
Purpose.
(1)
The Downtown Commercial Zoning District is comprised of a mixture of uses including commercial (primarily retail sales, services, restaurants and taverns), civic uses, residences and ancillary apartments in mixed use buildings. It represents the most compact development within Millville and lends itself well to pedestrian circulation. The area is Millville's traditional "Downtown," which was overwhelmingly developed in the 19th and early 20th centuries. Many of the older, multistory buildings either have been or are ripe for rehabilitation. There were formerly two overlay zones in the Downtown Commercial area, the Arts District and the Traditional Neighborhood Development District. In addition, Millville's designated Main Street is located in this zoning district.
(2)
The purpose of the zoning district is to provide a variety of walkable retail and commercial establishments with a focus on the eclectic and the arts. The district serves the residents of the surrounding high-density residential areas, as well as the rest of Millville and the region. A broad selection of retail uses such as art galleries, music and theater venues, dining, lodging, sales and personal and professional services should be available throughout the district. The establishments in this district should be convenient to City residents but also be interesting in design and type to draw tourists from other areas. The zoning should honor the history of the City while enhancing the designated arts district by providing opportunities to artists wishing to live and work within the district.
(3)
Principal uses should be broad and inclusive in order to avoid the reoccurrence of common use variance requests. Formula stores and chain stores are not permitted in the DC District unless they conform to the City's character. Permitted uses in the district include retail, restaurants and services that support the future Cumberland Community College Arts and Innovation Center on High Street. Mixed uses that include live/work space or residential units above commercial storefronts should also be permitted. Uses that were permitted in the Arts District Overlay and Traditional Neighborhood Overlay Districts are permitted uses in the Downtown Commercial District, thereby eliminating the need for both overlay districts.
B.
Permitted uses. The principal permitted uses in the DC District include the following:
(1)
Municipal offices, fire stations, community meeting facilities, post offices and similar governmental uses.
(2)
Libraries, museums, educational and cultural facilities.
(3)
Banks, savings and loan association, fiduciary, real estate, insurance, post, professional or business offices.
(4)
Food services, including neighborhood bakeries, cafes, coffee shops, grocery stores, restaurants, taverns and similar uses;
(5)
Retail uses, including artist and artisan galleries and supply shops, bookstores, florists, hardware stores and specialty retail stores.
(6)
Personal service shops including barber or beauty shops, dry cleaners, shoe repair shops, television and radio repair shops and travel agencies and offices;
(7)
Indoor theaters.
(8)
Artist studios, art performance space and galleries.
(9)
Live/work units that combine a residence on the second floor and higher and the resident's workplace or studio on the first floor.
(10)
Room accommodations, including bed-and-breakfast establishments, small hotels or inns not exceeding 25 rooms.
(12)
Transit shelters for buses, rail and taxis.
(13)
Pocket parks, playgrounds, passive open space and natural areas.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Downtown commercial design elements. The following traditional neighborhood design elements shall be included in new construction, reconstruction, and conversions within the DC District:
(1)
Compact, using neighborhoods as basic building blocks for development;
(2)
Designed for the human scale;
(3)
Provides a mix of uses, including residential, commercial, civic and open space, in close proximity to one another within the neighborhood;
(4)
Provides a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes;
(5)
Incorporates a system or grid pattern of relatively narrow, interconnected streets with sidewalks, bikeways and transit that offer multiple routes for motorists, pedestrians, bicyclists and alternative modes of transportation and provides for the connections of those streets to existing and future developments.
(6)
Retains existing buildings with historical features or architectural features that enhance the visual character of the community;
(7)
Integrates natural features and undisturbed areas in the open space plan; and
(8)
Utilizes public buildings, parks and other visual features as landmarks, symbols and focal points for community identity or as a town center.
§ 30-117.11 Neighborhood Commercial District (NC).
[Amended 8-19-2025 by Ord. No. 22-2025]
A.
Purpose. The Neighborhood Commercial Zoning District is intended for personal sales and services for the everyday needs of citizens living in adjacent residential districts. Limits on building size are designed to ensure comparability with scale of surrounding structures. The district also permits professional office uses and single-family detached residences, which are already found in some of these locations. The areas are walkable to the adjacent residential areas but also have parking for those traveling by car. Permitted uses include retail, services, governmental, professional offices and restaurants.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Conditional use standards.
(1)
One Cannabis Retailer is permitted as a conditional use in the NC – Neighborhood Commercial District situated to the west of the Maurice River, subject to the following conditions:
(a)
The Cannabis Retailer location is situated north of Broad Street.
(b)
The Cannabis Retailer is located no closer than 300 feet to a school (public, charter, parochial, private, vocational or college) or child day care center, as measured by the shortest distance property line to property line.
(c)
The Cannabis Retailer shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food.
(d)
The Cannabis Retailer shall not permit on-site cannabis consumption.
(e)
The Cannabis Retailer shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a store that engages in licensed retail sales of alcoholic beverages.
(f)
The Cannabis Retailer shall not be located closer than 300 feet to a church or place of worship as measured by the shortest distance property line to property line.
(g)
The Cannabis Retailer shall sell cannabis only at the cannabis business premises in the manner and locations authorized by the license issued by the State of New Jersey's Cannabis Regulatory Commission and consistent with the applicable City Ordinances. A purchase made through the Internet website of a cannabis retailer is considered to have been conducted at the retailer's premises.
§ 30-117.12 Highway Commercial District (HC).
[Amended 8-19-2025 by Ord. No. 22-2025]
A.
Purpose. The purpose of the Highway Commercial District is to provide a variety of commercial establishments oriented to the auto-centric, general public. A broad selection of retail uses such as dining, lodging, sales and personal and professional services should be available on both sides of High Street and North Route 47 and Wade Boulevard. Businesses are convenient to all residents in the City and surrounding areas and have a service radius that is generally broader than neighborhood commercial uses but less than regional commercial uses. The zoning district should preserve and enhance Wheaton Village's structures and ongoing living history activities related to the 19th century glassmaking industry and village life, craft and artisan activities, commercial use of culturally significant production processes, related retail opportunities and related recreational opportunities. Principal uses are broad and inclusive in order to avoid the reoccurrence of common use variance requests. Additional uses to accommodate the tourism industry and medical and professional businesses are permitted in this district.
B.
Permitted uses.
(1)
Retail stores and shops.
(2)
Personal service shops and offices.
(3)
Restaurant, fast food and other prepared food outlet.
(4)
Indoor and outdoor recreational uses such as theaters, auditoriums, arenas, and indoor commercial recreation such as gyms, fitness centers, bowling alleys, skating rinks, tennis and racquetball courts, and miniature golf.
(5)
Banks, savings and loan associations, financial, insurance, real estate, offices.
(6)
Supermarkets, variety, hardware, major appliance, furniture and department stores.
(7)
Garden and nursery centers.
(8)
Commercial printing plants and offices.
(9)
Lumberyards.
(11)
Minor appliance, office machinery, camera and photographic supplies, sales and service.
(13)
Sales and service of cars, trucks, boats, heavy equipment and recreational vehicles.
(15)
Funeral home.
(16)
Urgent care clinic.
(17)
Municipal buildings and similar governmental uses.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Conditional use standards.
(1)
Two Cannabis Retailers are permitted as a conditional use in the HC – Highway Commercial District or RC – Regional Commercial District situated to the east of the Maurice River, subject to the following conditions:
(a)
The Cannabis Retailer locations are situated north of Broad Street.
(b)
The Cannabis Retailers are located no closer than 300 feet to a school (public, charter, parochial, private, vocational or college) or child day care center, as measured by the shortest distance property line to property line.
(c)
The Cannabis Retailers shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food.
(d)
The Cannabis Retailers shall not permit on-site cannabis consumption.
(e)
The Cannabis Retailers shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a store that engages in licensed retail sales of alcoholic beverages.
(f)
The Cannabis Retailers shall not be located closer than 300 feet to a church or place of worship as measured by the shortest distance property line to property line.
(g)
The Cannabis Retailers shall sell cannabis only at the cannabis business premises in the manner and locations authorized by the license issued by the State of New Jersey's Cannabis Regulatory Commission and consistent with the applicable City Ordinances. A purchase made through the Internet website of a cannabis retailer is considered to have been conducted at the retailer's premises.
§ 30-117.13 Regional Commercial District (RC).
[Amended 8-19-2025 by Ord. No. 22-2025]
A.
Purpose. The purpose of the Regional Commercial District is to develop the remaining large tracts of available land in order to serve the retail needs of Millville and the larger regional market. This area is suited to accommodate the daily needs of local customers and be a destination for tourists visiting Wheaton Village and the New Jersey Motorsports Park seeking lodging, dining and other services during their stay. The accessibility of this area will entice motorists traveling on the Route 55 expressway, on their way to the Jersey Shore or other points of interest in southern New Jersey, to shop and stay in Millville. Uses in the Regional Commercial Zoning District should include compatible large-scale development such as professional and business offices, government buildings, entertainment centers and regional shopping centers.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Conditional use standards.
(1)
Two Cannabis Retailers are permitted as a conditional use in the HC – Highway Commercial District or RC – Regional Commercial District situated to the east of the Maurice River, subject to the following conditions:
(a)
The Cannabis Retailer locations are situated north of Broad Street.
(b)
The Cannabis Retailers are located no closer than 300 feet to a school (public, charter, parochial, private, vocational or college) or child day care center, as measured by the shortest distance property line to property line.
(c)
The Cannabis Retailers shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food.
(d)
The Cannabis Retailers shall not permit on-site cannabis consumption.
(e)
The Cannabis Retailers shall not be located on a site or proposed site that would place the retailer's premises in or upon any premises that operates a store that engages in licensed retail sales of alcoholic beverages.
(f)
The Cannabis Retailers shall not be located closer than 300 feet to a church or place of worship as measured by the shortest distance property line to property line.
(g)
The Cannabis Retailers shall sell cannabis only at the cannabis business premises in the manner and locations authorized by the license issued by the State of New Jersey's Cannabis Regulatory Commission and consistent with the applicable City Ordinances. A purchase made through the Internet website of a cannabis retailer is considered to have been conducted at the retailer's premises.
§ 30-117.14 Airport Enterprise District (AE).
[Amended 6-18-2024 by Ord. No. 26-2024; 8-19-2025 by Ord. No. 22-2025]
A.
Purpose.
(1)
The Airport Enterprise Zoning District is intended to support the airport and related aviation, transportation and manufacturing establishments. These uses should continue to be permitted and if expansion is necessary and zoning for this area is permissive and supportive of the airport and its related uses. Attracting long-term tenants to the vacant hangers at the airport will assist in increasing economic activity. Tourism related activities that complement existing uses are encouraged and permitted.
(2)
The Airport Enterprise District allows for the airport and associated uses, such as aviation support and development, technology development, industrial parks, recreational uses, research and development, retail sales and tourist attractions. Expansion of these uses is permitted and encouraged to continue the economic viability of this area. The municipally owned John R. Hurley Industrial Park is situated in this district. The John R. Hurley Redevelopment Plan has been adopted for part of the Airport Enterprise District. All of these factors make the AE District an ideal setting for aviation, automotive and renewable energy industries as well as manufacturing, assembly, office, technology, warehousing, and distribution. Improved access to Route 55 via an extension of Nabb Avenue would benefit development of and access to this area.
B.
Permitted uses.
(1)
General manufacturing.
(2)
Pharmaceutical and cosmetic manufacturing, packaging and assembly.
(3)
Plastic injection mold manufacturing, assembly and product distribution.
(4)
The manufacture, assembly, or distribution of solar or energy products.
(5)
Light manufacturing, assembly, packaging, and distribution.
(6)
Scientific, medical, technology or specialized laboratory and research development facilities.
(7)
Wholesale establishments.
(8)
Warehousing, or storage facilities and distribution facilities, including refrigerated facilities.
(9)
Transportation depots, yards and maintenance for rail, truck, bus and motor freight stations.
(10)
State-licensed cannabis cultivator (Class I), cannabis manufacturer (Class 2), cannabis wholesaler (Class 3), and cannabis distributor (Class 4).
(11)
Airports and related facilities.
(12)
Air transportation facilities including shelter, terminals, supply and repair of aircrafts, and related passenger facilities.
(14)
Restaurants and convenience stores primarily for the use and to meet the needs of air passengers and uses in this district.
(15)
Microbreweries and distilleries in accordance with state license requirements.
(16)
Agricultural uses in existence prior to December 31,2022.
C.
Asphalt plants and mining operations. Asphalt plants and mining operations shall not be permitted uses in the Airport Enterprise District.
D.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings. Single-family dwellings as an accessory use to agricultural uses in existence prior to December 31, 2022, are also a permitted accessory use. Single-family accessory uses may be added after December 31, 2022, according to the Schedule of Bulk Requirements in Attachment 1.
E.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
F.
Other applicable cannabis delivery standards.
(1)
The City of Millville may not restrict the transportation of cannabis items through, or delivery of cannabis items within the municipality.
(2)
All Cannabis Class 6 (Delivery) licensed facilities shall be subject to the maximum local cannabis transfer tax and user tax, as authorized by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).[2]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
§ 30-117.15 Business Enterprise District (BE).
[Amended 8-19-2025 by Ord. No. 22-2025]
A.
Purpose.
(1)
The Business Enterprise Zoning District is intended to support existing and expanding industrial uses while encouraging adaptive reuse of vacant buildings and underutilized properties. Where traditional manufacturing or heavy industrial uses exist and need to expand, the BE zoning policy is permissive and supportive. There is also the opportunity to develop new creative uses and standards for the adaptive reuse of large vacant industrial buildings that may be repurposed to other lighter uses. The vision for this district is to preserve existing manufacturing, repurpose vacant buildings, develop undeveloped properties, and promote new uses that are compatible with the surrounding area but require more floor area and parking than are available in the typical downtown property.
(2)
This district encourages traditional heavy and medium industry as well as technology and research center uses. Adaptive reuse categories for the creative repurposing of existing vacant buildings is encouraged. Professional and educational uses that can be clustered within the reuse of an existing building or may require more parking than typically available in the downtown are to be permitted, along with other supportive uses that can conveniently serve employees working in the industrial parks.
B.
Permitted uses.
(1)
General manufacturing, assembly and packaging of products including but not limited to glass, plastic, paper, leather, metals or stones, electric and electronic equipment, instruments, appliances, and machines.
(2)
Pharmaceutical and cosmetic manufacturing, packaging and assembly.
(3)
Plastic injection mold manufacturing, assembly and product distribution.
(4)
The manufacture, assembly, or distribution of solar or energy products.
(5)
Light manufacturing, assembly, packaging, and distribution.
(6)
Scientific, medical, technology or specialized laboratory and research development facilities.
(7)
Wholesale establishments.
(8)
Warehousing, or storage facilities and distribution facilities, including refrigerated facilities.
(9)
Transportation depots, yards and maintenance for rail, truck, bus and motor freight stations.
(10)
Gasoline service stations, automotive repair garages.
(11)
Heavy equipment sales and service.
(12)
Restaurants/cafes.
(13)
Incubator or multi-use facilities for manufacturing, research and development, distribution, and business and professional offices such as finance, technology, insurance, medical, energy, education or government.
(14)
Services such as pest control, landscaping, janitorial, cleaning or site work.
(15)
State-licensed cannabis cultivator (Class 1), cannabis manufacturer (Class 2), cannabis wholesaler (Class 3), and cannabis distributor (Class 4).
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Other applicable cannabis delivery standards.
(1)
The City of Millville may not restrict the transportation of cannabis items through, or delivery of cannabis items within the municipality.
(2)
All Cannabis Class 6 (Delivery) licensed facilities shall be subject to the maximum local cannabis transfer tax and user tax, as authorized by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).[2]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
§ 30-117.16 Motorsports Enterprise District (ME).
A.
Purpose.
(1)
The purpose of the Motorsports Enterprise District is to set forth regulations that authorize a form of planned commercial development for a specific land use activity that is unique to a small number of communities. This planned commercial development provides flexible layout and design standards for commercial, entertainment and recreational uses related to motorsports that also will ensure the substantial preservation of the natural setting and unique characteristics of the zoning district.
(2)
The Motorsports Enterprise Zoning District is intended to support the New Jersey Motorsports Park, New Jersey Field of Dreams and any future entertainment, manufacturing and/or research and development establishments particularly focused on motorsports or recreation related applications. This area is intended to permit and promote the expansion of support facilities that cater to drivers, owners, event participants, and visitors such as innovative technology development, motorsport design and manufacturing facilities, overnight accommodations, exotic car garages and related spectator events. This area is and can continue to be a significant economic asset. This district should also accommodate the development of associated uses and new recreational and sports related industries that encourage development of other supportive uses or complementary recreational sports activities. To continue economic development in this area and City-wide, it is important that all motorsports facilities, innovative technologies, related manufacturing, new recreational uses, and tourism-related support amenities be permitted and encouraged in this district.
C.
General criteria for eligibility.
(1)
The following general criteria shall govern the eligibility of an application for development of this type of planned development:
(a)
A minimum of 450 acres shall be required for the Motorsports Enterprise District. The planned commercial development shall be designed as one comprehensive development showing how each individual element relates to the whole, including the construction or relocation of streets to be dedicated to public use.
(b)
Municipal sewage shall be available to the project site or planned to be online at the time of project occupancy.
(c)
Municipal water shall be available to the project site or planned to be online at the time of project occupancy.
(d)
Planned motorsports enterprise development may be built in stages, provided the applicant can demonstrate to the satisfaction of the Planning Board the following:
[1]
The plan submitted for preliminary approval shall delineate each phase and include an expected construction schedule.
[2]
Each stage of the planned development shall be substantially self-functioning and self-sustaining with regard to traffic circulation and access, utility services, off-street parking and loading and open space.
[3]
Each stage shall be properly related to every other stage of development and the neighborhood and community as a whole and to all essential services needed in the future to accommodate the proposed development.
(e)
One person or one legal entity shall own or control by deed, contract, option, or other legal instrument the land area at the time that the development application is filed.
D.
Land use and design standards. The General Development Plan (GDP) shall set forth the permitted uses and location of such uses and all buildings, and the plan for open space, in its entirety, according to a schedule which sets forth the timing of various sections of the development. The GDP and the site plan shall conform to the following land use standards and design standards in addition to the bulk, coverage and other standards listed above:
(1)
Land use standards.
(a)
Permitted uses include: racetracks for on-site racing of vehicles; conference and convention centers; professional and general business offices; restaurants; hotels and motels; condominiums or villas; retail sales offices; professional business offices; recreation and entertainment facilities; including but not limited to campgrounds, picnic grounds, sports and athletic clubs and facilities, swimming pools, and tennis clubs; grandstands and areas for spectators; motorsports schools or training academies; radio or television broadcasting stations or towers; heliports or helistops; museums and art galleries; private clubs; public buildings such as fire or police substations or schools; public utilities or services such as generating or treatment plants, pumping or regulator stations or transmission lines; assembly halls; golf courses; bars or cocktail lounges as an accessory to a private or recreational club or as part of a hotel development; outdoor stadiums; off-street parking and loading areas; vehicle sales; and special events with the necessary events permit.
(b)
Accessory uses include: essential services; parking; signage; uses customary and incidental to various types of car racing, including garages for storage, maintenance and repair of cars and trailers; bleachers; and dormitories for use during racing and special events by event staff and participants.
(c)
Uses shall be arranged so that accesses, circulation, landscaping, and open space serve the entire development.
(d)
There shall be 100 feet of buffer around the perimeter of the planned commercial development. This buffer may consist of natural areas, berms, landscaping or other pervious developed open lands or open space.
(e)
Night racing utilizing the oval racing track shall be prohibited. Additional time during evening and night hours shall be allotted to enable cleanup and the closing of the track.
(f)
No more than six major public spectator races having an attendance of 10,000 people per event shall be held annually on the oval track.
(2)
Circulation standards:
(a)
A traffic circulation plan for both on-site and off-site traffic shall be submitted as part of the overall site plan for each phase of the project. The off-site traffic impact analysis plan shall reference any existing studies completed within the last three years on roadways surrounding the site. The plan shall also include the estimated impact on the affected roadways at the build out of the proposed project. The design and construction of internal roadways and access roads for operational use shall be approved by the City Engineer.
(b)
Streets contained within the development shall conform to the design standards for each type of use contained in this chapter or the design standards contained in this chapter. The City has the right to refuse to accept streets proposed as public streets if they do not meet these standards or if a waiver has not been granted.
(c)
Clear sight triangles shall be required where streets intersect dedicated public streets. A distance of 300 feet shall be maintained clear of obstructions measured from the stop signs of the streets within the development.
(d)
Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.
(f)
A plan for a service or access roadway capable of providing ingress and egress for emergency and service vehicles without hindrance by spectator or participant traffic.
(3)
Open space standards.
(4)
Local service and utility standards.
(a)
The development shall be serviced by the municipal wastewater collection and treatment system. The developer shall design and construct the on-site system to tie into the municipal system.
(b)
The development shall be serviced by the municipal water system. The developer shall design and construct a system on site to tie into the municipal water system.
(c)
All electric, telephone, television and other communications facilities, both main and service lines, shall be provided within easements or dedicated public right-of-way and installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. The placement and alignment of the poles shall be designed to lessen the visual impact of overhead lines.
(d)
The developer shall provide adequate and efficient methods for handling solid waste disposal, including materials that are required to be recycled pursuant to municipal ordinance.
(e)
All temporary or portable sanitation facilities must be noted on a plan approved by the county health department as being adequate for anticipated attendance at any activity or event.
(5)
Stormwater management standards.
(a)
All stormwater management systems shall be designed and engineered in accordance with the best available technology and in consultation with the City of Millville Engineering Department.
(b)
A stormwater management system shall be designed and engineered to prevent an increase in nonpoint source pollution to the greatest extent feasible. The runoff collection system shall be designed to prevent watershed runoff to the greatest extent feasible.
(6)
Environmental and visual standards.
(a)
The design and placement of the racetracks and any structures shall be made in a manner to integrate the development attractively and harmoniously with its surroundings to enhance the natural features of the site.
(b)
Careful attention shall be given to the design and quality of all structures and site amenities so that they are compatible within the development and compatible with the natural landscape.
(c)
Grading and construction plans shall comply with applicable soil erosion and sediment control regulations.
(d)
Adequate and functional lighting shall be located so as to provide maximum aesthetics and safety while minimizing glare off site.
(e)
All delivery areas are to be located at nonpublic entrances to the structures.
(f)
Trash collection areas are to be adequately screened by berms, plantings or fencing.
(7)
Signage.
(a)
All identification, traffic circulation, and on-site advertising signs shall be governed by Article XXIII, § 30-264. All signage that is connected with a site plan for a permitted use in the district shall be reviewed at the time of the submission of the site plan for any future development at a site.
(8)
Waivers and adjustments.
(a)
The Planning Board may grant a waiver or an adjustment to a particular design or performance standard contained in this article if the Board finds that the use of a more flexible design or performance standard will achieve or enhance the benefit intended by this chapter. No design or performance standard contained in this chapter shall be waived where it adversely affects the public health, safety, or general welfare.
(b)
The Planning Board shall have the authority to increase or decrease the buffer required herein around the perimeter of the property where the Board finds that the existing residential property lines are close or distant from the racetracks proposed and barriers to sound currently exist or are proposed for the development.
(9)
Motorsports scheduling and special events permits.
(a)
The developers/operators shall submit for advisory purposes an annual schedule of races and motorsports-related events by February 1 of each year, beginning in the second full year of operation, to the City Clerk. The City Clerk shall be notified of any significant changes to the proposed schedule, including cancelled events or added events.
(b)
An annual schedule of all nonmotorsport special events, as defined in the definitional section herein, must be submitted to the City Clerk. The City shall be advised of any changes to the nonmotorsports special events schedule.
(c)
For nonmotorsports special events expected to attract visitors of 10,000 people or more, based upon contract arrangements and expected ticket sales, the event organizers must acquire a special events permit from the City of Millville City Clerk's office. This permit shall encompass all planned special events under one permit for the calendar year.
(d)
For all events expected to attract 10,000 spectators or more, there must be on file in the City Clerk's office a standard plan for crowd control, traffic flow and control, fire protection and medical emergencies, and trash collection. This plan is intended to maintain an orderly flow of spectators and traffic and to prevent spillover or trespass on adjoining properties that are not intended as the location of the proposed event. This standard procedures plan shall be submitted to the City Clerk's office 30 days prior to opening the premises and shall remain on file with the City Clerk's office and is subject to the review and approval of the Police Chief, Fire Chief, and Rescue Squad Chief, who may conduct a periodic review of said plan.
(e)
In the event any of the aforementioned plans are found to be inadequate by the City professionals or consultants, the developers shall be notified and provided a reasonable amount of time to correct any deficiencies and resubmit said plan.
(f)
The Board of Commissioners and its assigns shall have the right to immediately revoke any permit issued under this section upon noncompliance with any of its provisions or conditions, provided the developer/operator has been provided at least 30 days' notice of said violations without compliance.
§ 30-117.17 Farmland Production District (FP).
A.
Purpose. The intent and purpose of the Farmland Production District is to preserve and enhance the economic viability and quality of existing agriculturally productive lands, farms, and agricultural homesteads as well as maintaining a rural, low-density environment. Residential densities in the Farmland Production District should be a minimum of one unit per 10 acres in order to discourage overconsumption of prime cropland. In addition, other regulatory techniques such as mandatory clustering should be required in order to avoid developing deep, narrow lots along existing roadways. Deference should be given to the City's goal of preserving 50% of Millville's land in open space, farmland and forest.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 30-117.18 Open Space District (OS).
A.
Purpose. The purpose of any future zoning for these areas is to safeguard the natural beauty of Millville, preserve significant environmental features and improve the quality of air and water in Millville by protecting steams, wetlands, floodplains, and important woodlands. The vision for the Open Space District is to form a regional greenway by connecting existing open space and parklands. Areas situated in the Open Space District have the most restrictions since the intent of the district is to restrict future residential or commercial development. Uses are limited to agriculture, active and passive recreation, conservation, habitat enhancement and stormwater management facilities to achieve the City's goal of preserving 50% of Millville's land in open space, farmland and forest. The River Conservation Zone regulations that were crafted as part of the Congressionally designated National Wild and Scenic Rivers program to continue to provide additional protection to this sensitive environment.
B.
Permitted uses. The following uses are permitted:
(1)
Conservation activities.
(2)
Passive recreational uses including pedestrian, equestrian, and unmotorized bicycle trails, provided that there is minimal disruption of wildlife habitat and minimal clearing. Shooting ranges are not permitted.
(3)
Hunting and conservation lodge limited to 10,000 square feet of floor area.
(4)
Nurseries and forestry and reforestation uses with approved management plans.
(5)
Rural infill single-family detached dwelling use, provided that the approving authority determines that each of the following standards are fully met or variance granted:
(a)
The property or tract contains at least five contiguous acres in single ownership, described in one all-inclusive deed.
(b)
The density shall not exceed one dwelling per 2 1/2 acres.
(c)
The maximum number of new lots created shall be two.
(d)
The tract of land shall be surrounded by existing residential development on 75% of its abutting perimeter.
(e)
Each lot can meet the area, yard, height and lot coverage standards for single-family detached dwellings in the OS District without variance.
(f)
The design of the housing, including landscaping, buffering, screening and siting of the dwelling units, is in harmony with the surrounding residential uses.
(g)
The soils are satisfactory for the design and construction of the septic system in accordance with N.J.A.C. 7:9A and the Cumberland County Board of Health permit requirements and will not result in detrimental impacts to the ground or surface water; or public sewer connection can be obtained.
(h)
A deed restriction will be recorded prohibiting any further subdivision of the properties.
(6)
Site or route location, construction, or enlargement of:
(a)
Public utility transmission lines.
(b)
Publicly provided access sites, roads, bridges only with appropriate review and approval of permits required by local, state, and federal agencies, including but not limited to the Board of Public Utilities and the New Jersey Department of Environmental Protection.
(7)
Maintenance and repair reasonable and necessary for the continuance of an existing.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Open space conservation standards. All land uses shall comply with the following standards:
(1)
For any lot which contains stream frontage, a vegetative buffer, composed of indigenous species, extending at least 50 feet in depth measured landward from the bank of the stream shall be maintained.
(a)
Any lot, existing at the time of the adoption of this chapter, that does not contain sufficient depth, measured landward from the ordinary high-water mark or approved wetlands delineation, as applicable, may be permitted to provide a reduced buffer strip of up to a 50% reduction. This reduced buffer does not apply to any new structures or development.
(b)
For the purposes of providing pedestrian access to the waterfront, an opening of not more than 10 feet in width may be excluded from the buffer requirements.
(2)
The removal of natural vegetation shall be controlled. In Coastal Facilities Review Act[2] (CAFRA) areas, more restrictive measures regarding the removal of natural vegetation may be imposed by New Jersey Department of Environmental Protection (NJDEP). In non-CAFRA areas, the following shall apply:
(a)
Clear-cutting shall be prohibited, except as necessary for constructing public facilities, roadways, utilities and parking areas.
(b)
Natural vegetation shall be restored insofar as feasible after any construction project.
(c)
Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen structures if in sight lines of a waterway.
(d)
Dead, diseased, unsafe or fallen trees and invasive vegetation may be removed.
(e)
The selected removal or trimming of trees for timber harvest access, or woodlot improvements, landscaping, or public utility lines to service private single-family dwellings and other permitted uses is permitted.
(f)
No more than 20% of vegetation from any lot area shall be cleared.
[2]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
(3)
Pollution shall be controlled. The location and nature of the septic systems must ensure that effluent from the septic tank(s) will not reach the ground or surface waters in a condition which will contribute to health hazards, taste, odor, turbidity, fertility, or otherwise impair the character of the adjacent or nearby waterway. All sanitary waste disposal facilities must conform to the requirements of N.J.A.C. 7:9A and the permit specifications of the Cumberland County Board of Health.
(4)
Grading and filling procedures to prepare for permitted development must meet the following standards:
(a)
The least amount of bare ground shall be exposed for as short a time as feasible.
(b)
Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided.
(c)
Methods to prevent erosion and trap sediment shall be employed.
(d)
Fill shall be stabilized to accepted engineering standards.
(e)
All federal, state, or local permits must be obtained.
(f)
Applicant must provide a justification for the necessity of requiring fill and/or extensive grading.
F.
Prohibited uses. All uses not specifically permitted by right are prohibited in the Open Space District.
G.
Site plan design criteria. In addition to the site plan and subdivision criteria contained in Article VI of this chapter, the Planning and/or Zoning Board shall also consider whether uses proposed for site plan or subdivision approval in the Open Space District meet the following design criteria:
(1)
Situated on a portion of the site that will most likely conserve shore land vegetation and the integrity of the buffer strip.
(2)
Integrated into the existing landscape through features such as vegetative buffers and through retention of the natural shoreline and the preservation of ground cover.
(3)
Will not result in erosion or sedimentation.
(4)
Will not result in water pollution.
(5)
Situated on the most suitable soils for subsurface septic disposal as provided in the Cumberland County Soil Survey.
(6)
Situated on the least important soils for natural vegetation important to wildlife as provided in the Cumberland County Soil Survey.
(7)
Grading and filling for the purpose of preparing a parcel for permitted development, provided that the Planning Board determines that each of the following conditions are met:
(a)
The smallest amount of bare ground shall be exposed for as short a time as feasible.
(b)
Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod shall be provided.
(c)
Methods to prevent erosion and trap sediment shall be employed.
(d)
Fill shall be stabilized to accepted engineering standards.
(e)
All federal, state, or local permits must be obtained.
(f)
Applicant must provide a justification for the necessity of requiring fill and/or extensive grading.
H.
Hardships, exceptions and variances. To avoid undue hardship, nothing in this section shall be deemed to require a change in design, construction, or intended use of any structure for which a building permit was legally issued prior to the effective date of this chapter. Such construction shall be completed within two years from the effective date of this chapter, or such construction shall conform to the standards contained herein.
I.
Pesticides, herbicides and fertilizers. Because of the potentially severe adverse effects on riverfront vegetation, fish, wildlife, and water quality from improper use of even small amounts of pesticides, herbicides and fertilizers, their use on lands within the Open Space District is strongly discouraged except when utilized in accordance with the advice and supervision of qualified professionals.
§ 30-117.19 Institutional District (I).
A.
Purpose. The purpose of the Institutional District is to include developed parcels that contain civic and governmental facilities and associated uses in a zoning district that permits the institutional land uses to continue in their present location or to expand, as necessary.
B.
Permitted uses. The following buildings, structures, or land used for public and public/private purposes are permitted principal uses when engaged in public service and of a non-profit nature.
C.
Accessory buildings, structures or use. A building, structure or use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings.
D.
Bulk, coverage and other standards. See Schedule of District Regulations in Attachment 1.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.