Ordinance 2769-26 Zoning Ord Pet Grooming & 125 Foot Setback - Public Hearing 10/6/2026

PUBLIC NOTICE
MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2769-26

PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Tuesday, September 1, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a Township Committee meeting beginning at 7:00 p.m. on Tuesday, October 6, 2026 at the Millburn Education Center, 434 Millburn Avenue, Millburn, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. The Millburn Education Center will open for this meeting beginning at 6:45PM and details on the meeting and agenda may be located at town hall, on our website https://www.twp.millburn.nj.us/AgendaCenter or by contacting the Municipal Clerk's Office at 973-564-7092.

BY ORDER OF THE TOWNSHIP COMMITTEE
Christine A. Gatti, RMC, Township Clerk

ORDINANCE NO. 2769-26
AN ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE REGARDING RESTAURANT AND OTHER FOOD-SERVICE USES, PET CARE AND GROOMING IN THE B-3 DISTRICT, AND RELATED CONDITIONAL-USE STANDARDS

WHEREAS, the Township of Millburn Development Regulations and Zoning Ordinance currently regulates restaurants, fast-food restaurants, retail food establishments, brewpubs, and eating and drinking places in the B-2A, B-2B, B-2C, B-3, and B-4 Districts and includes separate definitions for certain food-service use categories; and

WHEREAS, the current district regulations use a 125-foot separation from the nearest lot line of a single-family dwelling in a residential district to distinguish between permitted principal and conditional food-service uses and repeat substantially similar conditional-use standards in several districts; and

WHEREAS, the Township seeks to clarify the definitions and classifications applicable to restaurant and other food-service uses so that applicants, reviewing officials, and approving authorities may apply the Development Regulations and Zoning Ordinance consistently; and

WHEREAS, in the B-2A, B-2B, B-2C, and B-3 Districts, the Township seeks to permit the listed food-service uses as conditional uses only on lots having frontage on a primary or secondary roadway and where either the closest part of the structure is 125 feet or greater from the nearest lot line of a single-family dwelling in a residential district, or where the applicable lot line is separated by a street or railroad right-of-way, and not to permit such uses in the remaining locations; and

WHEREAS, in the B-4 Central Business District, the Township seeks to retain the listed food-service uses as permitted principal uses where the applicable locational standard is satisfied and as conditional uses where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district and the lot line is not separated by a street or railroad right-of-way; and

WHEREAS, the Township seeks to replace repeated district-specific food-service conditions with a single set of use-specific standards addressing refuse and recycling, buffering, exhaust and odor control, lighting, customer entrances and operable openings, outdoor seating, deliveries and waste collection, drive-up facilities, and amplified sound; and

WHEREAS, the Township further seeks to establish § DRZ-609.0 as a centralized location for conditional use standards and, through this Ordinance and subsequent amendments to the Development Regulations and Zoning Ordinance, to consolidate use-specific conditional use standards currently located throughout the individual zoning district regulations in order to reduce duplication, improve organization, and promote consistent administration; and

WHEREAS, the Township further seeks to add pet care and grooming facilities as a permitted principal use in the B-3 Neighborhood Business District; and

WHEREAS, the 2018 Township of Millburn Master Plan Reexamination and Update calls for protecting established residential neighborhoods, promoting an appropriate mix of development in Downtown and other commercial areas, promoting high-quality retail and commercial activity in all business districts, maintaining a pedestrian scale in appropriate business districts, and strengthening the Township's existing business centers, including the Downtown core, Upper Millburn Avenue, the Short Hills station area, Morris Turnpike, and Kennedy Parkway; and

WHEREAS, the Township Committee finds that these amendments advance those objectives by clarifying the treatment of restaurant and other food-service uses, supporting appropriate commercial activity, and establishing standards intended to reduce adverse operational impacts on nearby residential properties.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN, IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, AS FOLLOWS (additions are underlined and deletions appear as strikethroughs):

Section 1: § DRZ 301, Words and Phrases Defined.

301.18.2. EATING AND DRINKING PLACE — An establishment in which food or beverages are prepared and served for on-premises consumption by patrons seated at tables, counters, or within a designated dining area. Eating and drinking places include, but are not limited to, restaurants, cafés, taverns, and brewpubs. Food or beverages may be sold for off-premises consumption only when subordinate and incidental to the principal on-premises dining use. This use shall not include retail food establishments.

301.42.1. OUTDOOR DINING AREA — An area located on private property and accessory to an eating and drinking place or restaurant where tables and chairs are provided for patrons to consume food or beverages served by the principal use. Outdoor seating located within the public right-of-way constitutes a sidewalk café and is regulated separately under Code § 4-40.

301.50. RESTAURANT— An establishment primarily serving food and drink for consumption at seating tables and counters on premises. Sales for off-site consumption are permitted if subordinate and incidental to the principal use. An establishment primarily engaged in preparing and serving food and beverages for consumption by customers seated at tables, counters, or designated eating areas on the premises. Ancillary sales of food or beverages for off-site consumption are allowed only if clearly subordinate and incidental to the primary on-site dining use.

301.52. RETAIL FOOD ESTABLISHMENT — An establishment in which food or drink is offered, or prepared, or packaged primarily for retail sale in packages or in bulk for off-premises consumption. Sales for on-site consumption are permitted only when clearly if subordinate and incidental to the principal retail use. This use shall not include eating and drinking places as defined in this ordinance.

301.53. RETAIL SALES — Establishments engaged in selling goods or merchandise, including food and beverages prepared off-site, to the general public for personal or household consumption and rendering services incidental to the sale of such goods. On-site preparation or cooking of food and beverages is prohibited. This includes the sale of packaged or prepared foods intended primarily for off-premises consumption.

Section 2: DRZ Section 606.6.1 Highway Business B-2A.

a. Purpose. To provide for the continuation of established business as well as promoting investment in new commercial and residential activity to serve community needs.

b. Permitted Principal Uses.

1. Retail sales and retail services.

2. Offices, including co-working or shared work space, and financial institutions.

3. Medical offices.

4. Health and fitness facilities.

5. Showrooms.

6. Pet care and grooming.

7. Indoor commercial recreation.

8. Educational play centers.

9. Instructional schools and studios.

10. Art studios and galleries.

11. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

12. 11. Multifamily housing developments.

13. 12. Any combination of the permitted principal uses.

c. Accessory Uses.

1. Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

2. Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment.

4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management.

5. Any other use which is subordinate and customarily incidental to a nonresidential use.

d. Conditional Uses. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, subject to § DRZ-609.0(b), provided that either: (1) the closest part of any structure so used, exclusive of parking and loading areas, is 125 feet or greater from the nearest lot line of a single-family dwelling in a Residential District; or (2) the lot on which the use is located is separated from such residential lot by a street or railroad right-of-way. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted. This Section 606.6d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. The following conditional use standards shall apply:

1. All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

2. Development shall comply with the buffer requirements established under Section 609.3 herein.

3. Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

4. Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

5. The customer entrance shall be from the front of the building (i.e., facing the street).

6. No outdoor seating shall be permitted in the rear of the building.

Section 3: DRZ Section § DRZ-606.6.2 Highway Business B-2B.

a. Purpose. To provide for the continuation of established business as well as promoting investment in new commercial and residential activity to serve community needs.

b. Permitted Principal Uses.

1. Retail sales and retail services.

2. Offices, including co-working or shared work space, and financial institutions.

3. Medical offices.

4. Health and fitness facilities.

5. Showrooms.

6. Pet care and grooming.

7. Indoor commercial recreation.

8. Educational play centers.

9. Instructional schools and studios.

10. Art studios and galleries.

11. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

12. 11. Multifamily housing developments.

13. 12. Any combination of the permitted principal uses.

c. Accessory Uses.

1. Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

2. Indoor and outdoor residential amenity space.

3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment.

4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management.

5. Any other use which is subordinate and customarily incidental to a nonresidential use.

d. Conditional Uses. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, subject to § DRZ-609.0(b), provided that either: (1) the closest part of any structure so used, exclusive of parking and loading areas, is 125 feet or greater from the nearest lot line of a single-family dwelling in a Residential District; or (2) the lot on which the use is located is separated from such residential lot by a street or railroad right-of-way. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted. This Section 606.6d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. The following conditional use standards shall apply:

1. All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

2. Development shall comply with the buffer requirements established under Section 609.3 herein.

3. Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

4. Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

5. The customer entrance shall be from the front of the building (i.e., facing the street).

6. No outdoor seating shall be permitted in the rear of the building.

a. Purpose. To provide for the continuation of established business as well as promoting investment in new commercial and residential activity to serve community needs.

b. Permitted Principal Uses.

1. Retail sales and retail services.

2. Offices, including co-working or shared work space, and financial institutions.

3. Medical offices.

4. Health and fitness facilities.

5. Showrooms.

6. Pet care and grooming.

7. Indoor commercial recreation.

8. Educational play centers.

9. Instructional schools and studios.

10. Art studios and galleries.

11. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

12. 11. Multifamily housing developments.

13. 12. Any combination of the permitted principal uses.

c. Accessory Uses.

1. Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

2. Indoor and outdoor residential amenity space.

3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment.

4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management.

5. Any other use which is subordinate and customarily incidental to a nonresidential use.

d. Conditional Uses. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, subject to § DRZ-609.0(b), provided that either: (1) the closest part of any structure so used, exclusive of parking and loading areas, is 125 feet or greater from the nearest lot line of a single-family dwelling in a Residential District; or (2) the lot on which the use is located is separated from such residential lot by a street or railroad right-of-way. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted. This Section 606.6d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. The following conditional use standards shall apply:

1. All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

2. Development shall comply with the buffer requirements established under Section 609.3 herein.

3. Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

4. Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

5. The customer entrance shall be from the front of the building (i.e., facing the street).

6. No outdoor seating shall be permitted in the rear of the building.

a. Purpose. To provide for small scale commercial activities serving the needs of residents of the surrounding area.

b. Permitted Principal Uses.

1. Retail sales and retail services with food stores limited in size to 15,000 square feet and all other retail activities limited in size to 5,000 square feet.

2. Offices and financial institutions.

3. Residential, but not on the ground floor.

4. Showrooms.

5. Educational play centers.

6. Instructional schools and studios.

7. Art studios and galleries.

8. Pet care and grooming.

8. Restaurants, fast food restaurants, retail food establishments and eating and drinking places provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. This subsection shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. Drive-up windows shall not be permitted.

c. Accessory Uses.

1. Any accessory structure or use customarily subordinate and incidental to a permitted principal or conditional use.

2. Parking, parking lots, parking facilities, loading areas, and access drives shall be permitted accessory uses, but only for a principal or conditional use which lies entirely within the Township of Millburn.

d. Conditional Uses.

1. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, subject to § DRZ-609.0(b), provided that either: (1) the closest part of any structure so used, exclusive of parking and loading areas, is 125 feet or greater from the nearest lot line of a single-family dwelling in a Residential District; or (2) the lot on which the use is located is separated from such residential lot by a street or railroad right-of-way. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted. This Section 606.6d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. The following conditional use standards shall apply:

(a) All refuse shall be stored either with the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside the building shall be enclosed in durable containers with a latching or locking mechanism.

(b) Development shall comply with the buffer requirements established under Section 609.3 herein.

(c) Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507 and shall be designed to capture and confine cooking vapors and residues through a filtering device.

(d) Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage on to adjacent residential properties.

(e) The customer entrance shall be from the front of the building (i.e., facing the street).

(f) No outdoor seating shall be permitted in the rear of the building.

2. Access Drives, subject to § DRZ-609.0(c). An access point or access drive to or from a nonresidential use, or to a customer parking area, parking facility or loading area which is required to provide a minimum of 100 parking spaces, and which nonresidential use is located outside the boundaries of the Township of Millburn, shall be permitted as a conditional use only when all of the following conditions are met and satisfied:

(a) That alternative driveway access outside the Township of Millburn to fully serve the nonresidential use is not possible within the same municipality in which the majority of parking or loading spaces is located.

(b) That the anticipated vehicular trip generation for the weekday A.M. Peak Street Hour of adjacent street traffic, Saturday peak hour of generator and twenty-four-hour total daily traffic flow for either weekday or weekend day shall not exceed the estimated vehicular movements during these time frames for the previous user of the site by more than 10%. In this regard, the "Trip Generation Manual" 5th Edition, as it may hereafter be supplemented by current statistics and editions, prepared by the Institute of Transportation Engineers, Washington, D.C. shall be utilized and accepted to calculate and estimate all such movements.

(c) That for any hour total vehicular movements shall not exceed 500 driveway access point movements, and total daily access drive movements shall not exceed 2,500 during any business day.

(d) That levels of service along the adjacent streets and at all impacted intersections are not diminished or impacted by the proposed nonresidential use so as to reduce peak hour traffic movements to a condition worse than an "E" level of service or to increase existing delay for any peak hour by greater than 10 seconds within level of service "E" or level of service "F." Levels of service shall be calculated in accordance with the latest methodology accepted by the Transportation Research Board as published in the "Highway Capacity Manual" and any updates of the "Highway Capacity Manual."

(e) In the event truck access is not possible outside the Township of Millburn, all commercial vehicle access drives or access points shall be designed to accommodate the movement and circulation requirements of tractor trailers having the longest wheel base permitted by the State of New Jersey. All commercial vehicle access maneuvers using said access drive or access point shall be achieved in single maneuver designs without violation of any roadway center line pursuant to the laws of the State of New Jersey, without crossing a driveway center line, and which represent good, safe and efficient vehicular circulation and design.

a. Purpose. To serve as the downtown core of the Township, providing a combination of commercial, residential, office, and cultural uses in a walkable environment.

b. Permitted Principal Uses.

1. Retail sales and retail services.

2. Financial institutions.

3. Multifamily housing developments in combination with any of the permitted principal uses.

4. Offices, including co-working or shared work space, but not on the street-floor level. For the purposes of this restriction, travel agencies, opticians, local newspaper offices substantially servicing Township residents, and real estate sales and insurance offices shall not be considered offices and are permitted to locate on the street-level floor.

5. Showrooms.

6. Educational play centers.

7. Instructional schools and studios.

8. Art studios and galleries.

9. Restaurants, fast food restaurants, retail food establishments, brewpubs and eating and drinking places, provided that: (1) the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet or greater from the nearest lot line of a single-family dwelling in a Residential District , ; or (2) the lot on which the use is located is separated from such residential lot by a street or railroad right of way. except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

10. Theaters.

11. Museums.

12. Any combination of the permitted principal uses.

c. Accessory Uses.

1. Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

2. Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment.

4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management.

5. Any other use which is subordinate and customarily incidental to a nonresidential use.

d. Conditional Uses.  Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district and the lot on which the use is located is not separated from such residential lot by a street or railroad right-of-way, subject to § DRZ-609.0(b). Drive-up windows shall not be permitted. The following conditional use standards shall apply:

1. All refuse shall be stored either with the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside the building shall be enclosed in durable containers with a latching or locking mechanism.

2. Development shall comply with the buffer requirements established under Section 609.3 herein.

3. Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying to adjacent properties. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507 and shall be designed to capture and confine cooking vapors and residues through a filtering device.

4. Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage on to adjacent residential properties.

5. The customer entrance shall be from the front of the building (i.e., facing the street).

6. No outdoor seating shall be permitted in the rear of the building.

§ DRZ-609.0 Conditional Use Standards

1. Purpose and Applicability
   1. The purpose of this section is to establish a centralized framework for conditional use standards, facilitate the phased consolidation of such standards from the individual zoning district regulations in Article 6, promote consistency in administration, avoid duplication of standards across zoning districts, and ensure that conditional uses subject to this section are reviewed under clear and identifiable standards designed to protect the public health, safety and welfare and promote compatibility with surrounding properties.
   2. The use-specific standards of this section shall apply to those conditional uses for which Article 6 expressly requires compliance with this section. Conditional uses not expressly referenced to this section shall continue to be governed by the conditional use standards otherwise applicable under Article 6.
   3. Consistent with § DRZ-407, a conditional use subject to this section shall be permitted only upon approval by the approving authority and upon a finding that the use complies with all applicable conditional use standards and all other applicable requirements of this chapter, except to the extent relief is otherwise granted pursuant to law.
   4. Where a use-specific conditional use standard in this section conflicts with a general conditional use standard in this section, the use-specific standard shall control.
2. Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places. The following conditional use standards shall apply:
   1. Roadway Frontage. Within the B-2A, B-2B, B-2C and B-3 Districts, the lot shall have frontage on a primary or secondary roadway as shown in the Traffic Circulation Plan Element of the Master Plan.
   2. Refuse and Recycling. All refuse and recycling shall comply with § DRZ-609.1.1.f.
   3. Buffers. Development shall comply with the buffer requirements established under Section 609.3 herein.
   4. Odors and Exhaust:
      1. Exhaust serving cooking, frying, baking, roasting, brewing, and similar food or beverage preparation operations shall comply with § DRZ-609.1.1.e.
      2. The applicant shall identify the location and configuration of all exhaust outlets, ductwork, fans, odor-control equipment, filtration equipment, and related mechanical equipment serving the proposed use. The applicant shall also describe the proposed odor-control, filtration, grease-control, smoke-control, and similar mitigation measures, including the type of equipment or technology proposed, the location of such equipment, and the manner in which such equipment is intended to reduce odors, smoke, grease, and similar emissions associated with the proposed use.
      3. The applicant shall describe the proposed food or beverage preparation operations, including the type and intensity of such operations, the proposed days and hours of operation, and the proposed days and hours during which food or beverage preparation activities will occur. Such description shall include the method, anticipated volume, frequency, and other details of odor-generating food or beverage preparation activities.
      4. The approving authority may require additional or modified odor-control, filtration, grease-control, smoke-control, or similar mitigation equipment or measures where necessary to reduce cooking, frying, baking, roasting, brewing, grease, smoke, and similar odors or emissions affecting adjoining residential uses or residential zoning districts.
      5. The approving authority may impose conditions relating to hours of operation, hours of food or beverage preparation, and the operation, maintenance, inspection, cleaning, or replacement of exhaust, odor-control, filtration, grease-control, smoke-control, or similar mitigation equipment where necessary to protect adjoining residential uses or residential zoning districts from persistent or recurring odors, smoke, grease, or similar impacts.
   5. Lighting. Site lighting shall comply with § DRZ-512 and shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.
   6. Customer Entrances and Operable Openings.
      1. The primary customer entrance shall be located on a street-facing façade. No new customer entrance, pass-through window, service window, overhead door, folding window, sliding window, or similar customer-service opening shall be located on a façade directly facing an adjoining residential use or residential zoning district.
      2. Doors and operable openings located on a façade directly facing an adjoining residential use or residential zoning district shall not be used for customer access, customer service, outdoor service, or amplified sound, except where required for emergency egress, accessibility compliance, or other applicable code requirement.
      3. Existing doors and operable openings located on a façade directly facing an adjoining residential use or residential zoning district may remain, but shall not be enlarged, relocated, or modified in a manner that increases customer access, customer service, outdoor service, noise transmission, odor transmission, or activity facing the adjoining residential use or residential zoning district.
   7. Outdoor Seating. Outdoor seating shall not be located in any rear yard or side yard adjoining a residential use or residential zoning district, and shall not be located between the principal building and such residential use or residential zoning district.
   8. Deliveries, Loading, and Waste Collection. The approving authority may restrict the hours of deliveries, loading, refuse collection, and recycling collection where necessary to protect adjacent residential properties from noise, light, odor, or circulation impacts.
   9. Drive-Up Facilities. Drive-up windows shall not be permitted.
   10. Amplified Sound. Outdoor speakers, amplified music, public address systems, televisions, and similar outdoor sound-producing equipment shall not be permitted in any rear yard or side yard that adjoins a residential use or residential zoning district, and shall not be mounted on, directed toward, or operated from any building façade that faces a residential use or residential zoning district.
3. Access Drives.
   1. An access point or access drive to or from a nonresidential use, or to a customer parking area, parking facility or loading area which is required to provide a minimum of 100 parking spaces, and which nonresidential use is located outside the boundaries of the Township of Millburn, shall be permitted as a conditional use only when all of the following conditions are met and satisfied:
      1. That alternative driveway access outside the Township of Millburn to fully serve the nonresidential use is not possible within the same municipality in which the majority of parking or loading spaces is located.
      2. That the anticipated vehicular trip generation for the weekday A.M. Peak Street Hour of adjacent street traffic, Saturday peak hour of generator and twenty-four-hour total daily traffic flow for either weekday or weekend day shall not exceed the estimated vehicular movements during these time frames for the previous user of the site by more than 10%. In this regard, the "Trip Generation Manual" 5th Edition, as it may hereafter be supplemented by current statistics and editions, prepared by the Institute of Transportation Engineers, Washington, D.C. shall be utilized and accepted to calculate and estimate all such movements.
      3. That for any hour total vehicular movements shall not exceed 500 driveway access point movements, and total daily access drive movements shall not exceed 2,500 during any business day.
      4. That levels of service along the adjacent streets and at all impacted intersections are not diminished or impacted by the proposed nonresidential use so as to reduce peak hour traffic movements to a condition worse than an "E" level of service or to increase existing delay for any peak hour by greater than 10 seconds within level of service "E" or level of service "F." Levels of service shall be calculated in accordance with the latest methodology accepted by the Transportation Research Board as published in the "Highway Capacity Manual" and any updates of the "Highway Capacity Manual."
      5. In the event truck access is not possible outside the Township of Millburn, all commercial vehicle access drives or access points shall be designed to accommodate the movement and circulation requirements of tractor trailers having the longest wheel base permitted by the State of New Jersey. All commercial vehicle access maneuvers using said access drive or access point shall be achieved in single maneuver designs without violation of any roadway center line pursuant to the laws of the State of New Jersey, without crossing a driveway center line, and which represent good, safe and efficient vehicular circulation and design.

Posting Details – Ordinance 2769-26
Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 9/2/2026
Date Notice Archived: 10/31/2026