[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.

[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%.

[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 1, 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.

[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 R-1, R-2 and RR-4S Districts. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

(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.

[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]

A. Purpose. The purposes of this section are as follows:

(1) To regulate the height, location, and type of fencing that is erected within the Township.

(2) To ensure that the visual character from public rights-of-way are not unduly obscured by fences and walls.

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) farms. For qualified farms, wire farm fences are allowed in any yard and may be constructed in generally accepted farm use manner.

(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.

(11) Fencing as required by the Uniform Construction Code of the Township of Clinton for pools and other designated locations shall conform to the standards required therein.

(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 comer 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 comer 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.

Any lawful nonconforming, use which existed at the time of the passage of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:

A. Such building shall in no case- be enlarged unless the use therein is changed to a conforming use; provided, however, that the provisions of this subsection shall not apply to an existing residence located in a nonresidential zone wherein residential uses are prohibited. Such an existing residence may be extended or enlarged, provided that the yard requirements of the residential zone whose minimum lot size requirement most closely approximates the area of the residential lot are met.

B. A nonconforming use shall not be extended at the expense of a conforming use.

C. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.

D. A nonconforming use shall not be permitted to be changed to another nonconforming use.

E. In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter, except that such shall not apply to a nonconforming use because of height and area violations.

F. A building which is conforming in use but violates the yard, setback or height requirements may not be extended within any required yard or setback area nor extended above the height limits of this chapter.

Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to not further violate the reasons for nonconformity. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use. A building shall be construed to be totally destroyed if damage to it exceeds 50% of its replacement value.

Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and construction is diligently prosecuted within 60 days of the date of such permit.

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.

The foregoing provisions of this article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.

[Added 5-28-1997 by Ord. No. 629-97]

A. The right to farm land is hereby recognized to exist in this Township and is hereby declared a permitted use in all zones of this Township notwithstanding specified and prohibited uses set forth elsewhere in this chapter, subject to the standards and regulations for intensive fowl or livestock use as set forth below, subject to Section 40-199, and applicable health and sanitary codes. This right to farm includes, but not by way of limitation:

(1) Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.

(2) Use of necessary farm laborers.

(3) The application of chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions and the application of manure.

(4) The grazing of animals and use of range for fowl, subject to standards and regulations for intensive fowl and livestock use.

(5) Construction of fences for these animals and livestock.

(6) The traveling and transportation of large, slow-moving equipment over roads within the Township.

(7) The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.

(8) The use of land for recreational use, e.g. hunting, shall be done only with the permission of farm owner. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance application and all permits where otherwise required.

B. The purpose of these rights is to produce agricultural products, e.g., vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds.

C. The foregoing uses, activities and rights, when reasonable and necessary for farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays, and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.

D. It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits from farming to the neighborhood community and society in general by preservation of open space, the beauty of the countryside and clean air. The preservation and continuance of farming operations in Clinton Township and New Jersey is a source of agricultural products for this and future generations and saves a nonreplenishable resource, i.e. the land.

E. Agricultural standards. The standards set forth in § 165-134C. shall apply to all zones.

F. Deed conveyance. Each deed of conveyance of land in any agricultural area prepared after the effective date of this section, and each offering for the sale of land shall contain a recital as follows: The Township of Clinton acknowledges that a substantial quantity of land is devoted to active agricultural uses and the right of that landowner to continue to farm. Therefore, the grantee, his heirs and assigns are hereby on notice that the adjoining land or lands in the vicinity are actively being farmed and the other owner has the continued right to farm under the provisions of the Land Use Regulations of the Township of Clinton.

Pursuant to P.L. 1975, c. 291, 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 bellow; 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.