[Amended 8-27-1990 by Ord. No. 435-90; 10-22-1990 by Ord. No. 436-90; 6-24-1993 by Ord. No. 529-93; 12-8-1999 by Ord. No. 705-99; 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
For the purpose of this chapter, the Township of Clinton is hereby subdivided into 18 zone districts, known as:
R-1 Residence District
R-2 Residence District
RC Rural Conservation District
RR-4 Rural Residential 4 District
RR-4S Rural Residential District 4S
SR Suburban Residential District
VR Village Residential District
AH-1 Affordable Housing District
AH-2 Affordable Housing District
AH-3 Affordable Housing District
C-1 Commercial District
C-2 Commercial District
ROC Research, Office and Commercial District
ROM-1 Research, Office and Manufacturing District
ROM-2 Research, Office and Manufacturing District
ROM-3 Research, Office and Manufacturing District
[Amended 6-24-1993 by Ord. No. 529-93; 12-8-1999 by Ord. No. 705-99; 4-14-2004 by Ord. No. 846-04; 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
The map entitled "Zoning Map, Clinton Township, Hunterdon County, N. J.," dated May 2006, and the Schedule of Zoning Requirements, revised through May 10, 2006, which accompany and are referenced in this Part 7 are hereby declared to be part hereof.
The zone boundary lines shown on the Zoning Map are intended to coincide with property lines, the center lines of streets, easements, railroads or drainage courses as they existed at the time of adoption of this chapter or as they are designated on the Zoning Map by figures or dimensions. In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be with the Board of Adjustment.
A. This part shall be enforced by an agent appointed by the Township Council, who shall be known as the "Zoning Officer," or his deputy. The Construction Official shall in no case issue a construction permit for the erection or structural alteration of any building nor issue a certificate of occupancy for any building or use unless such building or use has been approved by the Zoning Officer as conforming to this chapter and other related ordinances and regulations of the Township. .
B. It shall be the further duty of the Zoning Officer or his deputy to investigate any violations of this Part coming to his attention, whether by complaint or arising from his own personal knowledge; and if a violation is found to exist, he shall serve notice upon the owner and notify the governing body, which shall take such action as it deems appropriate in the circumstances.
C. No building or structure, including, but not limited to, fences and sheds, as defined in § 165-103, or similar structure, or part thereof, shall be erected, constructed, reconstructed, structurally altered or moved until a zoning permit therefor has been issued by the Zoning Officer. Amended 4-9-2008 by Ord. No. 957-08]
D. No zoning permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure, or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this Part.
E. Where a subdivision or site plan, as required by this chapter, has been duly reviewed and approved by the Planning Board, the erection or alteration of the building shall not be deemed to be completed until all the requirements of the approved subdivision or site plan are met. Where weather conditions or other forces beyond the control of the applicant unduly delay the reasonable occupancy of a building under this subsection, a temporary certificate of occupancy may be issued, but only in accordance with the provisions of § 165-50.
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.
Each of the sections and provisions of this article shall apply to all zone districts unless otherwise stated
[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 square foot lots in the SR District.
(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.
(d) Minimum front yard: 40 feet.
(e) Minimum rear yard: 40 feet.
(f) Minimum side yard: 15 feet.
(g) Maximum stories: 2 l/2.
(h) Maximum height: 35 feet.
(i) Maximum building coverage: 15%.
B. Where lots of at least 20,000 square feet 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:
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.
Where a use is not specifically permitted in a zone district, it is prohibited.
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.
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.
A. Only one principal building may be erected on a lot, except for related buildings forming one principal use in the same ownership and limited to the following:
(1) Public or institutional building complexes.
(2) Research, industrial manufacturing, office or retail shopping complexes.
(3) Multifamily dwelling complexes, such as townhouses, apartments and mobile home parks as hereinafter permitted in this part.
B. 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.
Except as otherwise provided in this part, buildings which are accessory to a principal use or building are permitted in all zones as follows:
A. Maximum height.
(1) Residential uses: 16 feet.
(2) Farm uses: 45 feet.
(3) All uses in OB Zones: 16 feet.
(4) Nonresidential uses, except as provided in Subsection A(3) above: maximum height for principal buildings.
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. [Amended 4-12-1995 by Ord. No. 571-95]
C. Side and rear yards. [Amended 2-2&1996 by Ord. No. 606-96]
(1) Accessory buildings for residential uses in side and rear yards shall not be located closer to a side or rear lot line than the minimum distance required below:
(a) For lots less than one acre: 10 feet.
(b) For lots between one and three acres: 20 feet.
(c) For lots greater than three acres: 30 feet.
(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.
D. Minimum distance between buildings:
(1) For residential uses: 10 feet.
(2) For nonresidential uses: height of either building, but not less than 15 feet.
[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 degrees 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.
(4) Fences pursuant to § 165-117.1.
(5) In instances where the Board of Health has determined that an existing subsurface septic disposal system has malfunctioned, and there is no other reasonable location on the subject property where a replacement or modified system or component thereof may be located, to the minimum extent necessary for the protection of the public health, a subsurface septic disposal system, or component thereof; provided, however, that any such 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.
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.
