Clinton Township City Zoning Code
ARTICLE XVIII
Conditional Uses
§ 165-124 Applications.
Pursuant to P.L. 1975, c. 291,[1] the Planning Board may grant conditional uses wherever hereinafter permitted in this part. Application for a conditional use shall be made in accordance with the procedures set forth in Part 6 for preliminary subdivision plat and/or site plan approval, and the Planning Board shall act on the application in accordance with said procedures for preliminary subdivision plat and/or site plan approval. Application for a conditional use shall be granted if same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Unless otherwise provided below, conditional uses permitted in this chapter shall meet the requirements and limitations contained in the Schedule of Zoning Requirements referred to in § 165-86. In addition all applicable provisions of Part 6 relating to site plan approval shall be complied with. The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 165-125 Churches and schools.
Requirements for churches and schools shall be as follows:
B.
There shall be a minimum lot area of five acres and a minimum street frontage of 250 feet.
C.
All buildings shall be located at least 100 feet from a street, at least 50 feet from a side property line and 100 feet from a rear property line.
D.
There shall be a minimum distance between buildings of 25 feet, but no less than the height of the shorter building.[1]
[1]
Editor's Note: Former Section 40-196, Motor Vehicle Service Stations, which previously followed this section, amended 12-8-1999 by Ord. No. 705-99, was repealed 2-14-2001 by Ord. No. 739-01.
§ 165-126 Fast-food restaurants.
[Amended 6-26-2024 by Ord. No. 1202-2024]
Requirements for fast-food restaurants shall be as follows:
A.
Minimum lot area: 1 acre. All other yard requirements of the zone in which the use is located shall be met.
B.
The lot shall be at least 1,000 feet, measured in a straight line, from the nearest property line of another fast-food restaurant which is located on either the same or opposite side of the street. Said lot shall also be at least 1,000 feet from any residential zone which is located on either the same or opposite side of the street. These limitations shall not apply where the restaurant is located on the opposite side of a street or highway divided by a median or barrier from another fast-food restaurant or residential zone. The purpose of this requirement is to minimize the number of curb cuts on highways and the visual clutter generated from signage and lighting typically associated with fast-food restaurant chains and franchises.
C.
Fast-food restaurants shall have frontage and primary access on a divided state highway.
D.
Drive-thru facilities shall not be allowed unless queuing can be accommodated on site during peak business hours while still providing safe and efficient parking and circulation.
§ 165-127 Cemeteries.
Requirements for cemeteries shall be as follows:
A.
The lot or parcel of land shall have a minimum area of 10 acres.
B.
Said lot shall be located on an arterial or collector street.
C.
No graves shall be located within 50 feet of a property line.
D.
Tombstones and monuments shall not exceed four feet in height.
E.
Mausoleums, family mausoleums and office and maintenance buildings related to the cemetery operation are permitted, subject to the following limitations:
(1)
Mausoleums shall not exceed the height limit of the zone district and shall be located at least 200 feet from a property line.
(2)
Family mausoleums shall not exceed 10 feet in height and shall be located at least 100 feet from a property line.
(3)
Office and maintenance buildings shall not exceed 20 feet in height and shall be located at least 100 feet from a property line.[1]
[1]
Editor's Note: Former Section 40-199, Commercial Greenhouses and Nurseries, which previously followed this section, was repealed 12-8-1999 by Ord. No. 705-99. Former Section 40-200, Mobile Home Parks, which previously followed this section, was repealed 11-23-1987 by Ord. No. 350-87.
§ 165-128 Combined motor vehicle filling station and convenience store. [1]
[Added 6-26-2024 by Ord. No. 1202-2024]
Requirements for combined motor vehicle filling station and convenience store use shall be as follows:
A.
Minimum lot area: two acres when connected to public sewer; four acres when served by on-site septic system.
B.
Combined motor vehicle filling station and convenience store uses shall have frontage and site access on Route 31 and be located at a signalized intersection.
C.
The convenience store area may contain not more than 16 seats for on-site food consumption, which shall not create an additional parking requirement.
D.
Minimum convenience store floor area: 5,000 square feet.
E.
Maximum number of pumps and fuel dispensers (nozzles): 16 dispensers/eight pumps.
F.
Maximum fuel canopy height: 25 feet.
G.
Standalone motor vehicle filling stations and fuel service stations are not permitted as a single principal use.
H.
Motor vehicle repair and maintenance services are prohibited.
I.
Incompatible uses on the same lot or site such as daycare facilities are prohibited.
[1]
Editor’s Note: Former § 165-128, Assisted living residences, as amended, was repealed 4-27-2016 by Ord. No. 1084-16.
§ 165-128.1 Self-storage facilities.
[Added 6-26-2024 by Ord. No. 1202-2024]
Requirements for self-storage facilities shall be as follows:
A.
Minimum lot area: three acres.
B.
Maximum floor area ratio (FAR): 45%.
C.
Hours of operation: 6:00 a.m. to 10:00 p.m.
D.
Principal buildings shall be designed to resemble office buildings that are compatible with the Township's established rural character. All building facades shall be treated with similar quality design and materials as the front facade facing the public street(s). Expansive blank walls are prohibited.
E.
Flat roofed principal buildings are permitted.
F.
Loading bays, garage doors and similar features intended to facilitate moving and loading into and out of the facility shall face the rear of the property when there is one principal building. When there is more than one principal building, loading bays, garage doors and similar shall face the interior (face the other building(s)) of the lot to minimize visibility from public roadways and surrounding uses.
G.
Outdoor storage is prohibited, including, but not limited to, materials, containers, equipment, vehicles, trailers, boats, equipment and similar. This shall not be interpreted to prohibit the parking of rental moving vehicles managed on-site as otherwise permitted herein.
H.
The storage of hazardous substances, any live plants and animals is prohibited.
I.
A rental moving vehicle operation may be conducted on the property limited to a maximum of four such single axle vehicles, including box trucks, vans or pickup trucks, at a given time. Rental moving vehicles rented from the site may be parked in other areas of the site in accordance with the applicable requirements of Chapter 165. Such parking areas shall be suitably screened from public roadways and surrounding uses at the discretion of the reviewing Board or Township personnel.
J.
Private businesses operating out of self-storage units or spaces are prohibited, including, but not limited to, drop-shipping operations.
K.
Permitted accessory uses include a manager's office for both the self-storage unit and truck rental operations and retail space with moving supplies and equipment. A detached accessory building not more than 1,000 square feet in area and one-story in height designated for administration of the self-storage facility, retail sales of packing and shipping supplies and administration of the truck rental use, may be located in the front yard area of the property subject to the applicable principal building setbacks of the zone.
§ 165-129 Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries.
[Amended 3-26-2003 by Ord. No. 809-03]
A.
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be a permitted use in all residential districts of this Township and the requirements therefor shall be the same as for single family dwelling units located within such districts.
B. COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES COMMUNITY RESIDENCE FOR THE TERMINALLY ILL COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE PERSON WITH HEAD INJURY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c. 136; C. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this section, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[1] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-l et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence, shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.)
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
[1]
Editor's Note: See N.J.S.A. 30:4-27.2.
§ 165-130 Dish antennas (satellite earth stations).
[Added 2-24-1986 by Ord. No. 282-86]
Requirements for dish antennas shall be as follows:
A.
A dish antenna is permitted as an accessory use on a lot that contains a principal structure.
B.
A dish antenna may be located only in a rear yard.
C.
Any such antenna shall be a freestanding structure, mounted on and attached to the ground by a concrete pad; provided, however, that a sign antenna which is accessory to a nonresidential building in the C, CI, OB-1 or ROM Districts or to public buildings and public and private schools located in residence districts may be erected on the roof of said building, but further provided that the building, including the antenna, falls within the height limits established for the building.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
D.
No lot may contain more than one dish antenna as herein regulated.
E.
Except for a dish antenna which is accessory to a nonresidential building in the C, CI, CR, OB-1, and ROM Districts or to public buildings and public and private schools located in residence districts, no dish antenna shall have a diameter exceeding 12 feet nor extend above the ground more than 14 feet. A dish antenna which is accessory to the aforementioned nonresidential buildings or public buildings and public or private schools, if located on the ground, shall not exceed a diameter of 12 feet nor extend above the ground more than 14 feet. If located on the roof of a building, said antenna shall not exceed 12 feet in diameter nor extend more than 14 feet above the surface of the roof.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
F.
A dish antenna, if located on the ground, shall be effectively screened by a special planting screen or fence in order to minimize noise and visibility from any adjacent property or street during the entire year. Evidence of the aforementioned screening must be included in the minor site plan, as existing and/or proposed.
G.
No dish antenna shall be located closer than 35 feet to any side property line and no closer than 35 feet to any rear property line.
H.
Power-control and signal cables to or from the antenna shall be by underground conduit.
I.
An application for approval of a dish antenna as an accessory use shall be accompanied by a drawing demonstrating how the applicant intends to comply with the chapter. An application shall be made to the Construction Official. A fee of $25 shall be paid upon submission of the drawing.
J.
All satellite earth station antennas shall be designed in conformance with the Electronics Industry Association Standard RS-411 and the Mechanical Characteristics of Antennas for satellite earth stations as well as other standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. Certificate of conformance with the aforementioned standards by the manufacturer's professional personnel, or such other professionals as may be deemed appropriate by the Construction Official, shall be submitted to the Construction Official as a condition of the issuance of a building permit.
§ 165-131 Rental housing.
[Added 3-25-1993 by Ord. No. 509-93]
Requirements for rental housing, as permitted in the AH-1 Affordable Housing District, shall be as follows:
A.
Tract: A single thirty-acre tract may be developed for rental housing.
B.
Density: 7.8 dwelling units/acre.
C.
Minimum set-aside: At least 15% of the total number of housing units shall be limited to occupancy by low- and moderate-income households, with at least 50% of the units available to low-income households.
D.
Minimum setback from boundary line streets and zone boundary lines: 100 feet.
F.
Building height: Principal buildings shall comply with the height limitations established in § 165-143E.
H.
Low- and moderate-income rental units shall comply with the controls on affordability established by the Council on Affordable Housing and contained in N.J.A.C. 5:92-12.[1]
[1]
Editor's Note: Former Section 40-205, Retail Uses in the OB-1 District, which previously followed this section, added 5-27-1993 by Ord. No. 516-93, was repealed 12-8-1999 by Ord. No. 705-99.
§ 165-132 Heliports or helistops.
[Added 5-27-1993 by Ord. No. 516-93]
Requirements for heliports or helistops on tracts eligible for the PDO option shall be as follows:
§ 165-133 Residential camps and conference centers.
[Added 5-27-1993 by Ord. No. 516-93]
Requirements for residential camps and conference centers shall be as follows:
A.
Nature and content of use. Any residential camp and conference center may contain one or more buildings designed to serve a temporary residential population gathered for recreational, educational and vacation purposes in a rural outdoor setting.
(1)
Such facility shall include tents, cabins or other shelters for the housing of campers, sanitary facilities, dining hall, assembly building and outdoor recreation facilities such as swimming area, playing fields and hiking trails.
(2)
Such facility may include accessory uses, such as caretaker's residence, camp office, chapel, temporary staff housing, camp store, which are intended solely for the users of the camp.
B.
Site development standards.
(1)
Minimum lot size. There shall be a minimum lot size of 75 acres.
(2)
Gross density. Facilities shall be designed to serve an overnight population not to exceed three people per acre. One permanent residence will be allowed, for use by a permanent staff member, such as caretaker or camp director/manager.
(3)
Building height. No building shall exceed the height limit of the zone district.
(4)
Setbacks. No new building shall be located closer to a perimeter property line than 100 feet. Within this setback the natural vegetation shall be maintained and enhanced to provide a natural buffer zone. Uses within this buffer area shall be restricted to those compatible with the maintenance and purpose of the buffer, such as trails and nature study areas.
(5)
Floor area ratio and lot coverage. The floor area ratio shall not exceed 3% and the maximum coverage of all buildings, pavement, and other impervious surfaces shall not exceed 8% of the gross tract area.
(6)
Improvement standards. On-site improvement shall be designed to maintain the camp atmosphere by limiting the nature and extent of the improvements to the minimum needed for health and safety. Driveways shall be gravel with eighteen-foot maximum widths. Sidewalks shall be provided only where required by handicapped accessibility regulations. No curbs shall be required; and lighting shall be limited to that required for security and outdoor activity purposes.
C.
Residential camps and conference centers shall have frontage on a state highway, county road, or Class 1 or 2 Township road.