Clinton Township City Zoning Code
ARTICLE XVI
General Provisions
§ 165-89 Conformance required.
No land or premises shall be used, and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used, for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
§ 165-90 Applicability.
Each of the sections and provisions of this article shall apply to all zone districts unless otherwise stated.
§ 165-91 Effect on existing lots.
[Amended 2-28-1996 by Ord. No. 606-96; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 7-9-2008 by Ord. No. 965-08]
A.
Any vacant lot, as recorded at the time of passage of this chapter, that is located in a residential district and fails to comply with the minimum requirements of this chapter, may be used for any permitted principal use in the district in which it lies, provided that the following requirements are complied with:
(1)
In unsewered areas, the lot shall be at least 30,000 square feet, and the bulk requirements shall be as specified for 30,000 to less than 40,000 square foot lots pursuant to the table at § 165-91B.
[Amended 3-23-2011 by Ord. No. 1019-11]
(2)
In sewered areas, the lot shall be at least 20,000 square feet, and the bulk requirements shall be as follows:
(a)
Maximum depth of measurement: 200 feet.
(b)
Minimum lot width: 65 feet.
(c)
Minimum lot width at building: 100 feet.
(d)
Minimum front yard: 40 feet.
(e)
Minimum rear yard: 40 feet.
(f)
Minimum side yard: 15 feet.
(g)
Maximum stories: 2 1/2.
(h)
Maximum height: 35 feet.
(i)
Maximum building coverage: 15%.
B.
Where lots with dwellings thereon or where setbacks on lots with dwellings thereon were made nonconforming by passage or amendments to the zoning regulations, additions to the principal building may be constructed in accordance with the following schedule:
[Amended 3-23-2011 by Ord. No. 1019-11]
Less than 20,000 Square Feet | 20,000 to less than 30,000 Square Feet | 30,000 to less than 40,000 Square Feet | 40,000 to less than 50,000 Square Feet | 50,000 to less than 70,000 Square Feet | 70,000 - 100,000 Square Feet | Greater than 100,000 Square Feet | |
|---|---|---|---|---|---|---|---|
Maximum depth of measurement (feet) | 150 | 240 | 240 | 275 | 300 | 400 | 800 |
Minimum lot width at street (feet) | 36 | 65 | 75 | 90 | 105 | 120 | 150 |
Minimum lot width at building (feet) | 54 | 100 | 110 | 135 | 160 | 180 | 225 |
Minimum front yard (feet) | 35 | 40 | 50 | 75 | 75 | 75 | 100 |
Minimum rear yard (feet) | 40 | 40 | 50 | 75 | 75 | 75 | 100 |
Minimum side yard (feet) | 10 | 15 | 25 | 30 | 30 | 40 | 50 |
Maximum stories | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 |
Maximum height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
Maximum building coverage | 20% | 15% | 15% | 15% | 15% | 12% | 5% |
§ 165-92 Subdivision of lot.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this part. Subdivision shall be effected in accordance with Part 6.
§ 165-93 Prohibited uses.
[Amended 5-12-2021 by Ord. No. 1150-2021; 6-26-2024 by Ord. No. 1202-2024]
A.
Where a use is not specifically permitted in a zone district, it is prohibited.
B.
In addition, the following uses are expressly prohibited in all zone districts:
(1)
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P. L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the Township by a cannabis delivery service located outside the Township.
(2)
Warehouses, except accessory storage for principal permitted uses shall be permitted.
(3)
Distribution centers or facilities.
(4)
Motor vehicle filling stations, auto service facilities and similar auto-related uses.
§ 165-94 On-lot requirements.
Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located.
§ 165-95 Area and dimension reduction restricted.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this part. If already less than the minimum required under this part, said area or dimension shall not be further reduced.
§ 165-96 Principal buildings.
[Amended 4-27-2016 by Ord. No. 1084-16]
A.
Residential uses shall have only one principal building per lot, except for multifamily dwelling complexes, such as townhouses, apartments and mobile home parks as hereinafter permitted in this part.
B.
Nonresidential uses may have more than one principal building on a lot.
C.
Unless otherwise regulated in this part, no principal building shall be located closer to another building than the height of one of the buildings, but in no event less than 25 feet.
§ 165-97 Accessory buildings and structures.
[Amended 4-12-1995 by Ord. No. 571-95; 2-28-1996 by Ord. No. 606-96; 3-23-2011 by Ord. No. 1018-11]
Except as otherwise provided in this part, buildings and structures which are accessory to a principal use or building shall be subject to the following regulations:
B.
Minimum setback from streets: same as for principal buildings, but the accessory building shall not be located closer to a street than the principal building. Notwithstanding the above, on lots of at least five acres the accessory building may be located closer to the street than the principal building, provided that the accessory building is located at least 250 feet from the street. On corner lots, accessory buildings shall not be located closer to a side street than the minimum front yard requirement for the adjoining lot.
C.
Side and rear yards.
(2)
Buildings accessory to nonresidential uses shall meet the side and rear yard requirements for principal buildings. A farm building or an accessory building used on a farm shall not be closer to a property line than the height of the building or the minimum side or rear yard for a principal building, whichever is greater.
E.
Electric vehicle (EV) charging stations.
[Added 10-28-2020 by Ord. No. 1142-2020]
(1)
Indoor EV charging stations, or those enclosed by a building or within a garage, shall be permitted in all zones.
(2)
Outdoor EV charging stations shall only be permitted where off-street parking is provided, excluding surface parking areas for detached single- and two-family uses and along driveways or street rights-of-way.
(3)
EV charging stations operated by a third party for profit shall constitute a separate and distinct principal use subject to the requirements of this chapter.
(4)
All exterior or outdoor EV equipment, excluding the electrical dispensing units, shall be screened from public view.
§ 165-98 Yard requirements.
[Amended 11-24-1986 by Ord. No. 312-86; 8-20-2008 by Ord. No. 969-08]
Every lot must provide front, rear and side yards as required by its zone district. In addition, the following requirements shall be met:
A.
All front yards must face upon a dedicated public street or a private street approved by the Planning Board. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be measured from the proposed right-of-way as shown on the Master Plan or Official Map.
B.
In no event shall a principal building be located closer to a property line at any point than the minimum side yard requirement.
C.
The minimum rear yard setback requirement shall be met from any lot line which is located at any angle of 30° or less to the front lot line, provided that any part of the lot lies between said lot line and the front lot line. If no part of the lot is located between said lot line and the front lot line, the minimum side yard setback requirement shall be met.
D.
The following structures are hereby permitted within required yard setback areas in all zoning districts:
(1)
Driveway crossings and curbs.
(2)
Landforms associated with required buffers.
(3)
Underground utility crossings.
(5)
Existing subsurface septic disposal systems, including repair or replacement of an existing subsurface system; provided, however, that any such repair or replacement of an existing septic system or component thereof located in a yard setback area pursuant to this subsection shall not be sized to accommodate an expansion of the property's existing permitted use.
[Amended 10-12-2016 by Ord. No. 1092-16]
(6)
Roofs, eaves, cornices, bays, railings, and stairs of buildings may extend into a required yard setback no more than three feet, as measured from the required yard setback, without the need for variance relief. Such an encroachment shall be limited to those buildings that are in compliance with the maximum permitted building height and floor area ratio of the zone district within which they are located. Encroachments pursuant to this provision shall not be permitted for buildings that contain a use(s) that is not permitted, or which building itself is not permitted.
[Added 4-27-2016 by Ord. No. 1084-16]
E.
All structures not specifically permitted herein are prohibited within yard setback areas, including basins, stormwater management facilities, lighting, concrete pads, trash enclosures, subsurface septic disposal beds or tanks, storage tanks, and retaining walls.
§ 165-99 Corner lots.
[Amended 9-9-2009 by Ord. No. 992-09]
Where a lot is bounded by more than one street, the front yard setback requirement and minimum lot width requirement from each abutting street shall be met. A corner lot shall have two front yards and the remaining yards shall be side yards.
§ 165-100 Exceptions to height requirements.
The height provisions of this part shall not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this part shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
§ 165-101 Temporary permit.
No transportable or wheel-based structures or other temporary structure used as an office, storage shed or other use incidental to and in connection with a permitted construction project or building shall be placed on the site unless the Construction Official shall first have issued a temporary permit therefor. Such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
§ 165-102 Outdoor storage.
A.
In the residential, office building and commercial residential zones, outdoor storage is prohibited. This shall not be deemed to include the display and sale of seasonal farm produce or specifically permitted outdoor uses, the outdoor parking of farm machinery or vehicles in use on a farm or normal outdoor storage, such as storage of firewood, in residential zones.
B.
In the commercial, commercial-industrial and research, office and manufacturing zones, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by special planting or a fence, as approved by the Planning Board. No storage area shall be located in a front yard nor in a side yard adjoining a street. Said storage area shall meet the location requirements for accessory buildings. These provisions shall not preclude:
[Amended 8-10-2011 by Ord. No. 1024-11]
(1)
The outdoor storage and display in any yard of plant material by commercial greenhouses and plant nurseries nor motor vehicles being offered for sale by motor vehicle sales establishments, provided that such storage or display is located at least 50 feet from a street and 25 feet from a property line;
(2)
The outdoor storage of water-insoluble bulk materials, such as gravel, sand, dense-graded aggregate, mulch, etc., provided the storage meets the locational requirements of § 165-102B, above, and is located no closer than 50 feet to any stormwater inlets, stormwater conveyance structures (including swales and basins) and surface water bodies. In no case shall bulk materials be located within regulatory buffers or transition areas associated with riparian areas or wetlands.
(3)
The storage of water-soluble bulk materials, such as salt, chemicals, fertilizer, etc. within accessory containment structures, outside of a principal building, that meet the following requirements:
(a)
The containment structure shall provide for the containment of the bulk material on at least three sides, and shall prevent spilling or migrating of the material beyond the footprint of the containment structure; one side may remain free of containment in order to provide for access to the material that is being stored.
(b)
The containment structure shall have a roof that is sufficient to prevent the exposure of the bulk material that is being contained to precipitation.
(c)
The containment structure shall have an impervious floor that prevents bulk material from mixing with the ground or soil below the structure.
(d)
The containment structure shall comply with the standards for accessory buildings contained in § 165-97.
(e)
The footprint of a containment structure shall be considered impervious coverage, but shall not be counted towards the calculation of floor area ratio.
C.
Except as provided for in § 165-102B(3), in any zone, there shall be no outdoor storage in any zone of water-soluble bulk materials including, but not limited to, salt, chemicals, fertilizer, etc. for any purpose, including landscaping, road and parking area maintenance.
[Amended 8-10-2011 by Ord. No. 1024-11]
§ 165-103 Storage sheds.
A.
Title. This section shall be known as the "Clinton Township Shed Ordinance."
B.
Intent. It is in the interest of the safety of the residents of the Township to be allowed to construct safe and securely anchored sheds for the storage of materials and equipment. Tools and mowers with their accompanying oil and gasoline cans, paints, solvents and similar materials are more safely stored in a shed than in a house or garage. It is the intent of this section to permit such storage shed built to reduced requirements and restrictions.
C. STORAGE SHED
As used in this section, the following terms shall have the meanings indicated:
[Amended 2-28-1996 by Ord. No. 606-96]
A building that is accessory to a single-family residential dwelling with dimensions that are not greater than 200 square feet in area and not exceeding 10 feet in height at the eaves and that is used solely for storage.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No. 1020-11]
D.
Construction standards.
(1)
The shed shall be either prefabricated or custom built.
(2)
The entire shed shall be constructed and installed in accordance with the provisions regulating sheds in the Uniform Construction Code, N.J.A.C. 5:23-2.14, as presently adopted or as amended in the future.
[Amended 7-18-2007 by Ord. No. 930-07; 4-27-2011 by Ord. No. 1020-11
E.
Setbacks. Setbacks from the side and rear yard lines may be reduced to 10 feet, except in zones SR and VR, where the setback may be reduced to six feet. Sheds shall comply with the front-yard setback for principal buildings in all zones.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 4-27-2011 by Ord. No. 1020-11]
F.
Number of sheds permitted. One shed as defined in this section shall be permitted on each lot in a residential zone. Any additional buildings or structures shall be subject to the provisions regulating the placement of accessory buildings and structures pursuant to §165-97.
[Amended 4-27-2011 by Ord. No. 1020-11
G.
Permit required. Prior to the construction or installation of a shed, a zoning permit shall be obtained from the Zoning Official. Sheds with dimensions measuring greater than 100 square feet in area, or as may be required by the Uniform Construction Code, shall require, in addition to a zoning permit, a construction obtained from the Construction Official per the fee schedule.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No. 1020-11]
§ 165-104 Dedication of right-of-way.
Whenever additional street right-of-way is obtained by the Township, County of Hunterdon or State of New Jersey for a road improvement, by purchase, donation, dedication, condemnation or by other legal means, the required minimum lot area of an existing lot shall be reduced by the same area deeded to the Township, county or state as aforesaid.
§ 165-105 Visibility at intersections.
On a street corner a fence, structure or planting over 24 inches in height above the curb or edge of roadway shall not be erected or maintained within a triangle formed by the intersecting street right-of-way lines and a line connecting said right-of-way lines and located 50 feet from their point of intersection.
§ 165-106 Storage of commercial vehicles in residential districts.
Not more than one commercial vehicle shall be parked or garaged on a lot used for residential purposes. Said vehicle shall be owned, leased or regularly used by a resident of the premises and shall be limited to the single-wheel variety. This provision shall not be deemed to limit the number or type of commercial vehicles in use on a farm.
§ 165-107 Storage of recreational vehicles in residential districts.
The outdoor storage or parking in the open in residential districts of recreational equipment and vehicles, such as, but not limited to, trailers of any kind, boats, pickup coaches and motorized homes, is only permitted subject to the following conditions:
A.
Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
B.
Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.
C.
Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.
D.
No such parking or storage shall preempt any required off-street parking area.
E.
Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective.
§ 165-108 Storage of flammable and combustible liquids.
[Amended 12-22-1999 by Ord. No. 710-99]
A.
Aboveground storage tanks (ASTs) are permitted for residential, farm, industrial, governmental and commercial uses where the ASTs are used only for fueling vehicles in connection with their own operations. All tanks shall have Underwriter's or American Petroleum Institute (API) approval. Tank locations shall be at least 40 feet from a property line and at least 10 feet from any building, and shall meet the distance setback requirements specified in National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A). ASTs shall be labeled with six-inch letters as to the tank content, and the AST shall be painted with rust-inhibiting white paint. Such ASTs shall be considered an accessory use.
B.
The storage of combustible and flammable liquids shall be in conformance with the National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A).
C.
Individual tanks serving farm, industrial, governmental and commercial uses shall not exceed 10,000 gallons in capacity with a maximum aggregate capacity of 18,000 gallons per facility.
D.
Individual tanks serving residential uses shall not exceed 550 gallons in capacity for flammable liquids and 1,100 gallons in capacity for combustible liquids.
§ 165-109 Signs.
[Amended by Ord. No. 552-94; 3-25-1998 by Ord. No. 647-98; 5-14-2008 by Ord. No. 963-08]
A.
Short title. This section shall be known as the "Sign Regulations of the Township of Clinton, Hunterdon County, New Jersey."
B.
Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:
(1)
Encourage the effective use of signs as a means of communication in the Township;
(2)
Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;
(3)
Improve pedestrian and traffic safety;
(4)
Minimize the possible adverse affect of signs on nearby public and private property;
(5)
Foster the integration of signage with architectural and landscape designs;
(6)
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
(7)
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
(8)
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
(9)
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
(10)
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
(11)
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(12)
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(13)
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(14)
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
(15)
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;
(16)
Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
(17)
Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
(18)
Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
(19)
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of the Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;
(20)
Preserve and enhance the rural and historic character of the Township; and
(21)
Enable the fair and consistent enforcement of these sign regulations.
(22)
Provide for reasonable conditions for the placement of temporary off-site signs without causing undue regulatory burdens on the community, which shall not be construed in any way to permit, allow or authorize the erection of permanent off-site signs or billboards.
[Added 3-14-2012 by Ord. No. 1035-12]
C.
Prohibited signs. The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 165-109D.
(1)
Billboards. Such prohibition shall not be deemed to be a prohibition on temporary off-site signs as permitted herein.
[Amended 3-14-2012 by Ord. No. 1035-12]
(2)
Revolving signs.
(3)
Flashing signs.
(4)
Animated signs.
(5)
Wind signs.
(6)
Portable signs.
(7)
Roof signs.
(8)
Abandoned and discontinued signs.
(9)
Snipe signs; bandit signs.
(10)
Projecting signs, except as expressly allowed.
(11)
Bus bench advertising signs; bus shelter advertising signs.
(12)
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
(13)
Signs that have unshielded illuminating devices and/or that do not fully comply with the Township's lighting ordinance regulations contained within § 165-74.
(14)
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(15)
Wall signs that exceed 200 square feet in sign area.
(16)
Freestanding signs that are higher than 15 feet.
(17)
Signs within a sight triangle.
(18)
Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
(19)
Signs other than a traffic control device sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device signs, and which are adjacent to the right-of-way of any road, street, or highway.
(20)
Signs prohibited by state or federal law.
(21)
Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle; and is parked for more than five consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
(22)
Signs located on real property without the permission of the property owner.
(23)
Beacon signs, except as required by federal or state law.
(24)
Intermittent signs.
(25)
Sandwich board signs.
(26)
Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.
D.
Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this section and with any other applicable law or regulation.
E.
Exemptions. This section does not pertain to the following:
(1)
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
(2)
A sign on a car, other than a prohibited vehicle sign or signs.
(3)
A statutory sign.
(4)
A traffic control device sign.
(5)
Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
F.
Permits.
(1)
Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.
(2)
Sign permits.
(c)
No sign permit shall be issued for the erection of a prohibited sign.
(e)
A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.
(3)
Sign permit application and issuance of sign permit.
(a)
A sign permit application shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this Code. The applicant shall furnish the following information on or with the sign permit application form:
[1]
The block, lot and street address of the real property where the sign is proposed to be located.
[2]
The zoning district for the real property on which the sign will be located.
[3]
The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
[4]
A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
[5]
The name, mailing address and telephone number of the sign contractor.
[6]
Type of proposed sign (e.g., wall sign or freestanding sign).
[7]
The proposed sign area.
[8]
The cost of the proposed sign.
[9]
If the proposed sign is a freestanding sign:
[a]
The height of the proposed freestanding sign.
[b]
The sign area of the freestanding sign and the dimensions utilized to calculate the size.
[c]
The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.
[d]
The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.
[e]
The front and side yard setbacks for the proposed sign.
[10]
If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
[11]
The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
[12]
Whether the proposed sign will be an illuminated or nonilluminated sign.
(b)
An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.
(4)
Fees.
(a)
Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the Township at the time of the application. This sign permit fee shall be deemed a zoning permit fee and shall be in accordance with the zoning permit fee schedule set forth in § 165-13 of this Code.
(b)
Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
(5)
Conditions.
(a)
Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
(b)
Maintenance of signs.
[1]
All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
[2]
Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this section.
G.
Sign illumination. The illumination of signs, where allowed, shall comply with § 165-74 of the Land Use Regulations of Clinton Township.
H.
Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or this Code to the contrary, any sign erected pursuant to the provisions of this section or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section and this Code have been satisfied.
I.
Content neutrality as to sign message (viewpoint). Notwithstanding anything in this section or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
J.
Setback measurement. Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
K.
Double-faced signs. Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180º from each other. The maximum sign area allowed shall be permitted for each sign face.[1]
[1]
Editor's Note: Former Subsection L, Temporary on-site special event signs, as amended, which immediately followed this subsection, was repealed 3-14-2012 by Ord. No. 1035-12. See now Subsection L(15). This ordinance also provided for the redesignation of former Subsections M through T as Subsections L through S, respectively.
L.
All districts. The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for the signs and sign types described and identified in this subsection.
(1)
Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
(2)
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.
(3)
Directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.
(4)
Parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.
(5)
Free expression signs. For each parcel, one free expression sign not exceeding four square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each lot.
(6)
Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed four square feet in sign area if located on a lot in a residential district and shall not exceed 24 square feet in sign area if located on a lot in a nonresidential district. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.
(7)
Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks in the applicable zones in which it is located.
(8)
Flags. For each flagpole, two flags not greater than 24 square feet in sign area each may be displayed.
(9)
Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.
(10)
Temporary construction signs. One temporary construction sign shall be allowed on a lot, subject to the following limitations:
(a)
Number. For each lot, one temporary construction sign shall be permitted.
(b)
Size and height. For a lot in a residential district, a temporary construction sign shall not exceed four square feet in sign area and three feet in height; and for a lot in a nonresidential district, a temporary construction sign shall not exceed 24 square feet in sign area and six feet in height.
(c)
Setback. Temporary construction signs shall be set back from any lot line by at least five feet.
(d)
Duration. Temporary construction signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.
(11)
Temporary real estate signs.
(a)
Number. One temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.
(b)
Size and height. For residential uses, the temporary real estate sign shall not exceed four square feet in sign area and three feet in height; and for a nonresidential use, the temporary real estate sign shall not exceed 24 square feet in sign area and six feet in height.
(c)
Setback. Temporary real estate signs shall be set back from any lot line by at least five feet.
(d)
Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.
(12)
Temporary garage-yard sale signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:
(a)
Number. One temporary garage-yard sale sign may be displayed.
(b)
Size and height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and three feet in height.
(c)
Setback. A temporary garage-yard sale sign shall be set back from any lot line by at least five feet.
(d)
Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.
(13)
Temporary window signs. For each lot, one or more temporary window signs may be displayed. On lots that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On lots that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.
(14)
Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:
(a)
Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.
(b)
Size and height. A temporary future development sign shall not exceed 24 square feet in sign area. A temporary future development sign shall not exceed six feet in height.
(c)
Setback. A temporary future development sign shall be set back from any lot line by at least five feet.
(d)
Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been sold.
(15)
Temporary special event signs. Temporary on-site or off-site special event signs shall be permitted in all districts subject to the following limitations:
[Added 3-14-2012 by Ord. No. 1035-12]
(a)
Temporary special event signs shall provide notice of a special event as defined in the definition of "special event sign" in § 165-4, Definitions.
(b)
Temporary on-site special event signs shall be limited to one per event.
(c)
Temporary off-site special event signs shall be limited to one per property or lot.
(d)
Temporary on-site special event signs shall not be located closer than 15 feet to a front property line or street right-of-way; however, a temporary on-site special event sign that does not exceed four square feet in area and three feet in height may be located no closer than five feet to a front property line or street right-of-way.
(e)
Temporary on-site special event signs shall not exceed 24 square feet in sign area and six feet in height; for each additional foot of setback beyond 15 feet from a street right of way, the sign area may be increased by an additional five square feet, but in no event shall the sign area exceed 200 square feet.
(f)
Temporary off-site special event signs shall not be located closer than five feet to a property line or street right-of-way.
(g)
Temporary off-site special event signs shall not exceed four square feet in sign area and three feet in height.
(h)
Temporary special event signs shall not conceal or obstruct adjacent land uses or signs.
(i)
Temporary special event signs shall not conflict with the permitted principal use of the site or adjoining sites.
(j)
Temporary special event signs shall not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians.
(k)
Temporary special event signs shall be installed and maintained in a safe manner.
(l)
The display of temporary special event signs shall not begin any earlier than three weeks before the event and shall be removed within two business days after the event.
(m)
Temporary off-site special event signs shall only be permitted where the owner of the property upon which the temporary sign is located has consented to the placement of the sign.
M.
Rural and residential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent and temporary signs are also allowed within the rural and residential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. The permanent signs described below require a sign permit.
(1)
Freestanding signs and wall-mounted signs for multifamily residential uses. For each permitted multifamily residential use, there may be one permanent freestanding identification sign located on each public street frontage from which public vehicular access is derived and one wall identification sign for each building. A permanent freestanding identification sign shall not exceed 24 square feet in sign area and shall not exceed six feet in height. A permanent wall identification sign shall not exceed eight square feet in sign area.
(2)
Freestanding signs and wall-mounted signs for institutional, quasi-public and public uses. For each permitted institutional, quasi-public or public use, there may be one permanent freestanding or wall-mounted identification sign that does not exceed 20 square feet in sign area. Freestanding signs shall not exceed six feet in height.
(3)
Temporary agricultural produce signs. For an allowed agricultural use, one temporary agricultural produce sign may be displayed. A temporary agricultural produce sign shall not exceed four square feet in sign area. A temporary freestanding agricultural produce sign shall not exceed six feet in height.
N.
Nonresidential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent signs are also allowed within the nonresidential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
(1)
Permanent freestanding signs. Permanent freestanding signs are allowed as follows:
(a)
Number. One permanent freestanding sign is permitted for each lot containing a permitted use.
(b)
Height. The height of a permanent freestanding sign shall not exceed eight feet.
(c)
Size. The maximum sign area of a permanent freestanding sign shall not exceed 25 square feet. For each additional foot of setback above the minimum fifteen-foot setback requirement, the sign area may be increased by an additional five square feet, but in no event shall the sign area exceed 200 square feet.
(d)
Setbacks. The following setbacks shall apply:
[1]
A permanent freestanding sign shall be set back at least 15 feet from each lot line and right-of-way.
[2]
A permanent freestanding sign shall be offset at least 100 feet from any other permanent freestanding sign.
[3]
If a permanent freestanding sign is on a corner lot, it shall be offset at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.
[4]
A permanent freestanding sign shall comply with any additional setback requirements in this Code.
(2)
Permanent wall signs.
(3)
Incidental signs. Up to four incidental signs are permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
(4)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access:
[Added 4-27-2011 by Ord. No. 1021-11]
O.
Administration and enforcement.
(1)
The Zoning Officer shall be the enforcing official of this section.
(2)
Whenever a temporary sign is erected or maintained in violation of this section, the Zoning Officer or the Zoning Officer's designee may remove the same at any time without notice.
[Amended 10-12-2016 by Ord. No. 1092-16]
(3)
Whenever a temporary sign is erected or posted on public property in violation of this section the same shall be considered litter and may be removed at any time.
(4)
Whenever a permanent sign is erected or maintained in violation of this section or any other provision of this Code, or whenever in the opinion of the Zoning Officer any sign becomes unsafe or endangers the safety of a building or premises or the public safety, the Zoning Officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed within 30 days of receipt of the letter. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
(5)
The Zoning Officer may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.
P.
Appeals to the Board of Adjustment. Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70. The appellate decisions of the Board of Adjustment shall be deemed final, subject to judicial review as provided by law.
Q.
Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall be, upon conviction thereof, liable to all of the penalties set forth in Article XXXVIII of this chapter except imprisonment.
R.
Transition rules. Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid until the earlier of the date that said permit expires by its own terms or 90 days after the effective date of the adoption of this section.
S.
Severability.
(1)
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.
(2)
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this section, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under Subsection C of this section.
§ 165-110 Utilities.
[Amended 7-8-2009 by Ord. No. 986-09]
A.
Public utilities. Nothing in this part shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines, along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.
B.
Private utilities.
(1)
Solar energy systems.
(a)
Purpose. The primary purpose of a solar energy system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the solar energy system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from a solar energy system back to a public electric utility provider by which the principal use is served.
(b)
Roof-mounted solar energy systems.
[1]
Roof-mounted solar energy systems are permitted accessory uses in all zones.
[2]
Installation of a roof-mounted solar energy system on a conforming single- or two- family residential building, or on a conforming building that is accessory to a single- or two-family residential building, shall require a zoning permit. Installation of a roof-mounted solar energy system on any other structure shall require minor site plan approval, in accordance with § 165-55.
[3]
A roof-mounted solar energy system shall not be more than six feet higher than the height of the finished roof. In no instance shall any part of the system extend beyond the peak of the roof, extend beyond the maximum height of the roofline, or exceed the maximum height that is permitted for a principal or accessory building in that zone.
(c)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems containing 400 square feet or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:
[a]
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.
[b]
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
[c]
Systems shall not exceed 10 feet in height.
[2]
Ground-mounted solar energy systems containing greater than 400 square feet of solar panel area are prohibited in residential zones or as an accessory structure to a single- or two-family residential use in a nonresidential zone.
[3]
Ground-mounted solar energy systems containing greater than 400 square feet of solar panel area require minor site plan approval, in accordance with § 165-55, prior to obtaining a zoning permit and are subject to the following standards:
[a]
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;
[b]
Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 400 square feet.
[c]
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
[d]
Systems shall not exceed 10 feet in height unless erected above a parking lot, in which instance the system shall not exceed 18 feet in height.
[e]
Systems shall be located and installed so that sun glare is directed away from an adjoining property or public rights-of-way.
[f]
Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.
[g]
Systems shall be designed to blend the system into the existing setting and environment.
§ 165-111 Off-street parking for one- and two-family dwellings.
Off-street parking for one and two-family dwellings shall be provided in accordance with § 165-71A(10).
§ 165-112 Child-care centers.
[Amended 6-24-1993 by Ord. No. 529-93; 9-14-2005 by Ord. No. 891-05; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 10-28-2020 by Ord. No. 1142-2020]
Child-care center shall be a permitted principal or accessory use in all nonresidential zones in Clinton Township. The following standards shall apply to this use when proposed in the C-1, C-ROM, OB-1, OB-2, ROM-1, ROM-2, ROM-3, and PDO Districts:
A.
All portions of any child-care center to be used by children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below grade at the location from which egress is provided to the street.
B.
A minimum of 1,000 square feet plus 50 square feet per child of outdoor space, adjacent the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways. The per child outdoor area requirement shall be calculated utilizing the licensed capacity authorized.
C.
The hours of operation shall be limited to 6:30 a.m. to 7:00 p.m.
D.
Child-care centers shall provide one parking space per employee plus one additional parking space for every five children. Adequate space shall be provided for the loading and unloading of children which shall take place on site and not in a public right-of-way.
E.
The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents into and out of the child-care facility. Design features to be incorporated include the use of sidewalks and pedestrian cross walks to connect the parking area with the child-care center facility.
F.
Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic.
G.
Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve. No child-care center shall be permitted to be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.
H.
Where a child-care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child-care center shall be excluded from calculating the parking and lot coverage requirements for the zone.
I.
Where a child-care center is provided as a principal use the area and yard requirements shall apply as noted in the applicable district standards, except in the OB-2 District, where a minimum lot area of 40,000 square feet shall apply.
J.
Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings, solid fencing used individually or in combination so as to visually separate the child-care center lot from the adjoining parcels. Each child-care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least 10% of the lot width.
K.
Any child-care center shall comply with all state standards and any local approval shall be conditioned upon receipt of a state license.
L.
All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for child-care centers.
§ 165-113 Wireless telecommunications equipment and facilities.
[Added 8-12-1998 by Ord. No. 665-98]
A.
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Clinton in order to protect the community from the visual and other adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic character of the countryside that the Clinton Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
(1)
Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8)
Consider the public health and safety of communications towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
B.
Permitted use/conditional use treatment.
(1)
Notwithstanding anything in this Chapter 165 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 165-45 of this chapter and consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D. When antennas are proposed as a permitted use on an existing structure in a nonresidential zone district, the applicant shall meet the standards of § 165-113D(1)(a).
[Amended 3-24-2004 by Ord. No. 845-04]
(3)
Notwithstanding anything in this Chapter 165 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
C.
Visual compatibility requirements.
(1)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.
(2)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
(3)
The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.
(4)
The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.
(5)
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:
(a)
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
(b)
When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound, to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and
(c)
It otherwise complies with the requirements of this chapter.
D.
Conditional use standards for the location of wireless telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any nonresidential zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following, while an applicant desiring to construct wireless telecommunications antennas in nonresidential zones shall meet the standards of Subsection D(1)(a):
[Amended 3-24-2004 by Ord. No. 845-04]
(a)
The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Township. The applicant shall also provide evidence to the satisfaction of the Planning Board of all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b)
That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that that applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:
[1]
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3]
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4]
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[5]
The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(c)
The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to Subsection D(1)(a) above.
(d)
Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.
(e)
A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower.
(f)
That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant’s search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meets its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
[Amended 6-14-2006; 9-13-2006 by Ord. No. 908-0610-28-2020 by Ord. No. 1142-2020]
Priority | Zone* | Equipment | Location | Permitted or Conditional |
|---|---|---|---|---|
1 | Commercial/ Transportation | Antenna | Collocated with other antennas on existing structure or tower within a transportation corridor | P |
2 | Commercial/ Transportation | Antenna | Existing structure or tower within a transportation corridor | P |
3 | Commercial | Antenna | Collocated with other antennas on existing structures or towers | P |
4 | Commercial | Antenna | Existing structure or tower | P |
5 | Residential/ Transportation | Antenna | Collocated with other antennas on existing structures or tower within a transportation corridor | C |
6 | Residential/ Transportation | Antenna | Existing structure or tower | C |
7 | Residential | Antenna | Collocated with other antenna on existing structure or tower | C |
8 | Residential | Antenna | Existing structure or tower | C |
9 | Commercial/ Transportation | Tower | Construct a tower within a commercial transportation corridor | C |
10 | Commercial | Tower | Construct a tower in a commercial area | C |
* NOTE: "Commercial" includes the C-1, C-ROM, OB-1, OB-2, ROM-1, ROM-2 and ROM-3 Zones. | ||||
"Transportation" means the lot has frontage on Route 31, 22 or I-78. |
(g)
Compliance with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
E.
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1)
Minimum lot size: As required by the zone district in which located, or two acres, whichever is larger.
(3)
Minimum setback for equipment compound from any property line: The zone district setback requirements for an accessory building.
(5)
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F.
Site plan application requirements for the installation of wireless telecommunications towers.
(1)
All site plan details required by § 165-58 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(3)
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(4)
A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.
(5)
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
(6)
A copy of the lease or deed for the property.
(7)
A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within Clinton Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(8)
A three-hundred-sixty-degree perspective of the proposed tower at the proposed location from distances of 1,000 feet, 1/2 mile, one mile and two miles drawn to an appropriate scale.
G.
Design standards.
(1)
The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunications providers (the applicant's plus two collocators).
(2)
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(3)
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b)
No lighting is permitted on a wireless telecommunications tower.
(4)
Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(5)
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6)
Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(7)
Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(9)
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
H.
Antenna modifications.
(1)
Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Clinton Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.
(2)
Operators of wireless telecommunications facilities shall notify Clinton Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
I.
Collocation and shared facilities and sites.
(1)
FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically, and economically feasible.
§ 165-114 Standards for accessory apartments for lower income households in R-Residential Districts.
[Added 3-28-2001 by Ord. No. 743-01]
A.
An accessory apartment shall be occupied by a low- or moderate-income household meeting the income eligibility standards established by the Council on Affordable Housing (COAH). In addition, the accessory apartment shall be occupied by a senior citizen (62 years of age or older) low- or moderate-income household or the accessory apartment shall be located on a lot owned and occupied by a senior citizen household with the apartment occupied by a low- or moderate-income household.
B.
No more than 10 accessory apartments throughout the Township shall be created under this section.
C.
Accessory apartments are permitted on residentially improved lots, provided that only one additional accessory apartment per lot is permitted.
D.
The accessory apartment shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants.
E.
The accessory apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathroom tub or shower.
F.
All rooms shall be accessible from within the apartment.
G.
The accessory apartment shall be private and secure from all attached units.
H.
The apartment shall have direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other unit, and the accessory apartment shall comply with all requirements of the applicable building codes.
I.
If the apartment is located on the second or third floor, there shall be at least two means of access to the outdoors, available at all times, as approved by the Construction Official. Exterior stairways for the accessory apartment shall be the rear or side of the structure.
J.
No apartment shall be located above the third floor.
K.
The net floor area of the apartment shall be at least 400 square feet, and no bedrooms shall have a net floor area of less than 80 square feet.
L.
The apartment shall occupy no more than 1,000 square feet of an accessory building or the principal structure and shall contain no more than three bedrooms.
M.
At least one off-street parking space per bedroom or a maximum of two spaces shall be provided for each apartment, with the spaces situated in the side yard or rear yard only.
N.
The sanitary disposal system serving the accessory apartment shall be approved by the Board of Health.
O.
The Township or its designee shall be responsible for the administration of the accessory apartment program.
§ 165-115 Impervious coverage standards for preserved farmland.
[Added 8-14-2002 by Ord. No. 787-02]
Any property on which a municipally-owned Deed of Easement has been placed pursuant to the farmland preservation programs operated by the County Agricultural Development Board or the State Agricultural Development Committee shall be permitted a maximum impervious coverage of 10%.
§ 165-116 Driveways.
[Added 3-26-2003 by Ord. No. 810-03]
All driveways servicing residential, commercial, industrial or any other driveway use in the Township shall conform to the provisions and requirements of Chapter 239, Article I, entitled "Excavations," and Chapter 112, Driveways. The Zoning Board of Adjustment and the Planning Board of the Township of Clinton may vary or modify the requirements and design standards of said Chapter 112 for good cause and after considering the Township Engineer's comments as related to such variance or modification.
§ 165-117 Steep slope regulations.
[Added 5-14-2003 by Ord. No. 817-03]
A.
The following standards shall apply to all new lots created through subdivision and all site plans with slopes in excess of 15%, except that Subsection A(3) shall apply only to residential lots in the RR-4S Districts.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 10-12-2016 by Ord. No. 1092-16]
(1)
In areas with slopes that exceed 25%, no development, regrading or removal of vegetation shall be permitted.
(2)
In areas with slopes of 15% to 25%, no more than 15% of such areas shall be developed, regraded or cleared of vegetation.
(3)
For the purposes of subdivision each residential lot created must include a minimum of one contiguous acre of land with less than 15% slope on which the dwelling, septic system and accessory structures shall be located.
(4)
A steep slope analysis showing slope classes 0% to 14.99%, 15% to 25% and greater than 25% shall be delineated on the subdivision plat or site plan. The slope classifications shall be calculated utilizing a two-foot contour interval.
B.
Any existing residential lot of record at the time of the passage of this section shall be exempt from the above provisions, unless and until an application for subdivision or site plan approval of that lot is made.
C.
The following standards shall apply to existing lots of record if the construction of a residence and associated improvements is proposed on slopes greater than 15%:
(1)
A lot grading plan which indicates the proposed driveway plan and profile, residential and other site grading necessary for the property shall be submitted for review and approval by the Township Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted as amended by the New Jersey State Soil Conservation Committee. The approval of the Township Engineer shall be required prior to the issuance of a building permit.
(2)
The Township Engineer shall verify that the proposed residential driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.
§ 165-117.1 Fences.
[Added 12-22-2004 by Ord. No. 869-04; amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-12-2007 by Ord. No. 946-07; 11-25-2008 by Ord. No. 973-08]
B.
General requirements for all zoning districts.
(1)
All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties.
(2)
All fences shall be uniform and symmetrical in appearance, shall have posts or columns separated by identical distances, except for deviations required by construction factors, and shall consist of materials conforming to a definite pattern.
(3)
No fence shall be erected of barbed wire, razor wire, topped with metal spikes or other sharp objects, nor constructed of any material or in any manner which may be dangerous to persons or animals, except wire fences shall be permitted for qualified (under the New Jersey Farmland Assessment Act[1]) farms. For qualified farms, wire farm fences are allowed in any yard and may be constructed in generally accepted farm use manner.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1, et seq.
(4)
Fences may be placed with the outer face located on the property line, except where a setback from the property line is required as specified in this section.
(5)
No fence shall be constructed or located in such a manner as to block or otherwise interfere with any drainageway, natural drainage flow, surface water, or surface water runoff, as said terms are defined in Article XXXV of this chapter.
(6)
Chain link fences shall be prohibited in front yards and in side yards between the street right-of-way and the front yard setback line in all zones in the Township.
(7)
The installation of all fences shall require a zoning permit issued by the Township Zoning Officer and any fence that is over six feet in height shall also require a building permit issued by the Township Construction Official.
(8)
No fence shall be constructed within any public right-of-way, a sight triangle area or within a publicly owned easement area.
(9)
All fences shall be maintained in a safe, sound, upright and painted (if the original fence was painted) condition.
(10)
The location of retaining walls, guardrails, and other structural or safety elements intended for purposes other than screening or decoration are exempt from the regulations contained in this section.
(12)
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 12 feet in height; said fence to be set back from any lot line the distance required for an accessory building in the zoning district.
(13)
A dog run may have fencing a maximum seven feet in height provided it is located in rear yard areas only and conforms with the required setback from any side or rear lot line as required for accessory buildings and structures as specified in this chapter.
(14)
A deer protection fence, consisting of a fence material which shall be an open-type wire grid so as to minimize the fence's visual impact on surrounding properties, shall be permitted in side and rear yards only, provided that in side yards it is located no closer to the street right-of-way than the front yard setback line, and may be no more than eight feet in height.
C.
Fences in residential districts.
(1)
A fence, four feet or less in height shall be permitted in the front yard, provided that the fence is located at least two feet from the front property line. For the purposes of this section, any yard lying between the street right-of-way and the principal building, as in a corner lot, shall be considered a front yard.
(2)
A fence, exceeding four feet in height but not exceeding six feet in height, shall be permitted in the front yard in zoning districts where the minimum front yard setback is at least 50 feet, provided that such fence is located no closer to the street right-of-way than the required front yard setback line plus an additional 25 feet.
(3)
A fence, seven feet or less in height shall be permitted in a side or rear yard, except that fences in a side yard located between the front lot line and the front yard setback line may not exceed four feet in height.
(4)
Gates or pillars shall be permitted, not to exceed six feet in height and located only at the main entry drive to any residential property. Such gates or pillars shall slope downward to four feet in height within 10 feet of the inside face of the pillar or gatepost closest to the driveway.
D.
Fences in nonresidential districts. Fences in nonresidential districts may be required by the Planning Board as part of a site plan application. In such circumstances the fence shall conform to the following standards:
(1)
A fence, four feet or less in height shall be permitted in the front yard, provided that the fence is located at least two feet from the front property line. For the purposes of this section, any yard lying between the street right-of-way and the principal building, as in a corner lot, shall be considered a front yard.
(2)
A fence, exceeding four feet in height but not exceeding six feet in height, shall be permitted in the front yard in zoning districts where the minimum front yard setback is at least 50 feet, provided that such fence is located no closer to the street right-of-way than the required front yard setback line plus an additional 25 feet.
(3)
A fence not to exceed eight feet in height may be constructed in a side or rear yard, except that fences in a side yard located between the street right-of-way and the front yard setback line may not exceed four feet in height.
§ 165-117.2 Sidewalk sales.
[Added 4-13-2011 by Ord. No. 1023-11]
A.
Purpose. The purposes of this section are as follows:
(1)
To provide for occasional, temporary display and sales of retail merchandise and services on the exterior grounds of a permitted principal retail use within the Township; and
(2)
To provide additional opportunities for retail businesses to highlight their merchandise and services and, thus, strengthen the overall business economy within the Township; and
(3)
To ensure that the frequency, duration and location of temporary, occasional outdoor display and sales of retail merchandise and services does not result in significant negative impacts upon adjacent uses or the public at large.
B.
Criteria for sidewalk sales. Sidewalk sales do not require a site plan approval but require a zoning permit, which shall be subject to the following criteria:
(1)
The business that will conduct the sidewalk sale shall be a permitted principal use.
(2)
Sidewalk sales shall only be permitted in nonresidential zones.
(3)
Sidewalk sales shall take place on the same premises/lot as the "permanent" business to which it is related.
(4)
Duration. A sidewalk sale shall not exceed 10 consecutive business days in duration.
(5)
Frequency. No more than three permits shall be issued for a property to conduct sidewalk sales during a calendar year.
(6)
Sidewalk sales shall conform to the following site control regulations:
(a)
Merchandise, temporary structures or other elements related to a sidewalk sale shall be located no less than 20 feet from a residential property line.
(b)
Merchandise, temporary structures or other elements related to a sidewalk sale shall not be located in such a manner as to create a minimum clearance that is less than three feet for pedestrian travel on walkways.
(c)
Sidewalk sales may occupy up to 10% of an off-street parking lot but shall not occupy any barrier-free parking spaces or related access aisles; adequate vehicular access and illumination shall be maintained for the remainder of the parking lot that is not occupied by the sidewalk sale.
C.
Submission requirements.
(1)
Applicants shall submit a copy of a survey, a plot plan or a copy of an approved site plan for the property on which the sidewalk sale is to be conducted. The survey, plot plan or site plan should be clearly marked to depict the location and extent of the sidewalk sale so that the Zoning Officer may determine if the application meets the criteria of § 165-117.2B. Such depictions do not require the engagement of a design professional in order to satisfy this submission requirement.
§ 165-117.3 Farmer's markets.
[Added 9-11-2019 by Ord. No. 1134-19]
A.
Purpose. The purposes of this section are as follows:
(1)
To provide for occasional, temporary sale to the general public of a variety of locally grown or produced seasonal fruits and vegetables and value-added products, including but not limited to uncut, unprocessed produce and fruit, cut and/or potted flowers and shrubs, pickles, jams, honey, cheeses, meats, processed meat products, juices, ciders, teas, fruit butters, farm-baked cakes, cookies and pies, and ready-to-eat or ready-to-heat foods; and
(2)
To provide an opportunity for local growers and producers to sell farm-fresh products to the public in order to promote healthy eating and education; and
(3)
To provide local restaurants and retail businesses an opportunity to attract a variety of customers and to provide those customers with diverse offerings; and
(4)
To ensure that the frequency, duration and location of the temporary sale of these products does not result in significant negative impacts on adjacent uses or the public at large.
B.
Definition. For purposes of this section, the term "farmer's market" means a vendor or group of vendors offering for sale to the general public a variety of locally grown or produced seasonal fruits and vegetables and value-added products, including but not limited to uncut, unprocessed produce and fruit, cut and/or potted flowers and shrubs, pickles, jams, honey, cheeses, meats, processed meat products, juices, ciders, teas, fruit butters, farm-baked cakes, cookies and pies, and ready-to-eat or ready-to-heat foods.
C.
Use permitted in all nonresidential zones. Notwithstanding any provisions of Clinton's land use regulations limiting the number of principal uses on a single lot, a farmer's market as defined herein shall be deemed a permitted use on all lots in all nonresidential zones of the Township even if there is another principal use on the lot, but subject to the terms and conditions set forth hereinbelow.
D.
Terms and conditions.
(1)
No such use may operate without having first obtained the approval of the Zoning Officer (as to compliance with the requirements of this chapter) and the Police Director or officer in charge (as to safety of ingress, egress, circulation, and traffic). Provided all of the terms and conditions set forth herein are satisfied, site plan approval shall not be required.
(2)
Such use shall be permitted only on lots having an existing improved (paved or gravel) parking lot capable of holding at least 30 cars.
(3)
Such use may only be conducted out of doors from temporary stands, stalls or vehicles, or within an existing structure.
(4)
Such use may only be conducted between Memorial Day and Thanksgiving.
(5)
Such use may only be conducted one day per week, during daylight hours only and for a maximum of four hours per day.
(6)
All stands, stalls or vehicles used as part of the farmer's market shall be set back a minimum of 20 feet from any residential property line and 10 feet from any sidewalk or curbline where no sidewalk exists.
(7)
No stand, stall or vehicle used as part of the farmer's market shall obstruct vehicular or pedestrian traffic in any way or occupy any barrier-free parking spaces or related access aisles.
(8)
Vendors shall be required to comply with all applicable health, sanitation and food safety requirements and shall procure all licenses and permits as may be required in connection therewith.
(9)
Every zoning permit application shall be accompanied by:
(a)
A marked-up copy of a survey, plot plan or approved site plan for the property on which the farmer's market is to be conducted, which shall clearly identify the number of vendors and depict the location and extent of the stands, stalls or vehicles used in the farmer's market, the distance in feet from any sidewalk, curbline, or residential property line, the means of ingress and egress, and the location and amount of customer parking, as well as any traffic management measures (if applicable) and temporary signage (if applicable), which plan shall be subject to the review and approval of both the Zoning Officer and the Police Director or officer in charge.
(b)
Evidence that all necessary permits, licenses or other outside approvals have been obtained.