Except as otherwise provided, the following provisions of this
article shall apply.
A.
No structure shall be erected or altered, nor shall any land or structure
be used in any manner or for any purpose, other than those included
among the uses hereafter listed as permitted in the district in which
such structure or land is located.
B.
Every principal building shall be erected upon a lot as hereinbefore
defined, and, except as hereinafter provided, there shall not be more
than one one-family detached dwelling on one lot.
C.
The following uses and activities are specifically prohibited in
any district:
(1)
All outdoor advertising signs, whether freestanding or attached
to a structure or painted or otherwise represented on the surface
of any structure, which are not expressly related to the business
being conducted on the premises.
(2)
Outdoor commercial amusements.
(3)
Trailers, trailer coach parks and trailer sales.
(a)
Exception. Where, as the result of an emergency caused by fire,
flood or other disastrous circumstances, the Construction Code Official
determines it to be necessary and appropriate to permit residents,
property owners or commercial enterprises to utilize a trailer as
a temporary place of residency or business during any period of reconstruction
of damages to premises, then, upon application by the property owner,
the Construction Code Official may issue a permit for the use of the
trailer on a temporary basis for a period not to exceed six months.
The issuance of such permit shall be conditioned upon the applicant's
compliance with all relevant health and sanitation codes.
(4)
Junkyards.
(5)
Privately owned and operated dumps for disposal of garbage,
trash, refuse, junk or debris of any kind.
(6)
No halfway house, reformatory facility, jail, penal institution,
house of remediation, or any other such facility wherein convicted
criminals are housed while serving sentences imposed by the court
shall be permitted to be established in any zone within the Township.
"Halfway houses" shall be defined so as to include those places housing
not only convicted criminals but also any individuals embarked voluntarily
or involuntarily on drug rehabilitation programs, mental health programs
and the like, and the foregoing uses are expressly prohibited.
(7)
Massage,
bodywork and somatic therapy establishments are prohibited in all
zone districts except that they may be permitted in the LCI Zone,
but only if the same are properly licensed in accord with the provisions
of N.J.S.A. 45:11-53, entitled "Massage and Bodywork Therapist Licensing
Act," in which case the use shall be deemed a principal permitted
use.
[Amended 1-17-2012 by Ord. No. 12-01; 12-2-2019 by Ord. No. 19-22]
(8)
Drive-through
services such as a restaurant, fast food establishment, personal services
provider, bank or other financial institution that is not an accessory
use to a primary use being provided on the premises. Food or beverages
being served to consumers in vehicles cannot be consumed on the premises.
[Added 2-16-2021 by Ord. No. 21-08]
D.
Whenever special requirements are provided in Article XXVIII for selected uses permitted in certain specified districts as conditional uses, and when any such selected uses are permitted as permitted uses in other districts, the special requirements as provided shall also apply in those districts where such selected use is a permitted use.
[Added 6-21-2021 by Ord. No. 21-18]
A.
Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance and Marketplace Modernization Act (P.L. 2021,
c. 16), N.J.S.A. 24:6I-45b, all classes of cannabis establishments,
including without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and cannabis delivery service, but not the delivery of cannabis items
and related supplies by a delivery service which is not located within
the Township, are hereby prohibited from operating within the Township
of Clark.
B.
Definitions. As used in this chapter, all classes of cannabis establishments,
including without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and a cannabis delivery service, shall have the meanings as defined
in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, et seq.
C.
General prohibition. All classes of cannabis establishments, including,
without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and a cannabis delivery service, but not the delivery of cannabis
items and related supplies by a delivery service which is not located
within the Township, as said items are defined in Section 3 of P.L.
2021, c. 16, N.J.S.A. 24:6I-33, et seq., are hereby declared to be
prohibited uses or activities within the Township of Clark.
D.
Fines and penalties. Upon conviction by a court of competent jurisdiction, including without limitation, the Municipal Court, of a violation or violations of this section, such court shall be authorized to impose such fines and penalties as are authorized by law, including but not limited to, such fines and penalties as are authorized under any applicable state statute, under Chapter I, Article III, General Penalty, of these ordinances, or under any other Township ordinance as, in its discretion, such court deems warranted; provided that the court may impose the maximum penalty provided under Chapter I, Article III, § 1-21, but in no event shall such penalty be less than the minimum penalty prescribed by Chapter I, Article III, § 1-22, and the court shall treat each and every day in which a violation exists as a separate violation pursuant to Chapter I, Article III, § 1-25. The Township, by and through the Township Attorney, also shall be entitled to institute an action in Superior Court of New Jersey to enjoin and restrain conduct which is found to violate this section. Such fines, penalties and rights shall be cumulative, in addition to, and not in limitation of, any and all fines, penalties and rights available to the Township at law or in equity.
A.
General limitation; accessory structures. No structure shall be erected
or altered to exceed in height the limit hereinafter designated for
the district in which such structure is located, except as otherwise
specifically provided. Wherever in this Part 3 a height limit is designated
in feet or in number of stories, such designation, in combination,
shall be considered as the maximum permitted height. Unless otherwise
specified as exempted or excluded from height controls, no accessory
building or structure shall exceed a height of 20 feet, except for
antennas or aerials, the height of which shall be governed by the
provisions set forth below.
[Amended 11-16-2009 by Ord. No. 09-25]
B.
Structures excluded from height controls. The height limits set forth in this Part 3 shall not apply to church spires, belfries, cupolas, penthouses or roof structures for the housing of elevators, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, utility poles, and television or radio antennas or aerials less than 60 inches in height and/or 30 inches in diameter, water storage towers and tanks, chimneys and smokestacks, fire and parapet walls, or similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. Nothing in this subsection shall be deemed to permit signs of any kind to exceed the height limits for any district as prescribed in this Part 3. No roof structure shall have an area greater than 20% of the roof area of the principal structure.
[Amended 11-16-2009 by Ord. No. 09-25]
C.
Additional story on steep lot. On any lot with an average ground
slope greater than one foot vertical to five feet of horizontal distance,
one full story in addition to the number permitted in the district
in which such lot is situated shall be permitted, except that this
provision shall not apply to one-family detached residential buildings,
and provided that, in any case, the building height limit shall not
otherwise be increased above that specified for the district in which
such building is located.
D.
Public and quasi-public buildings. Public buildings, churches and
church schools may exceed the height limitations of this Part 3, provided
that the minimum front, rear and side yards shall be increased one
foot for each foot by which such building exceeds the height limit
herein established for such district in which such building is erected,
and provided further that in no case shall any such building have
a height greater than 50 feet.
E.
Antennas and aerials.
(1)
For the purposes of this section, all antennas and aerials in
excess of 60 inches in height and/or 30 inches in diameter shall require
the same permits as required for accessory buildings.
(2)
Television or radio antennas, or aerials greater than 60 inches
in height and/or 30 inches in diameter, shall be erected only after
receiving the approval of the Construction Code Official and upon
meeting the conditions set forth below:
(a)
No antennas more than 60 inches in height and/or 30 inches in
diameter may be mounted on a roof. Antennas larger than 60 inches
in height and/or 30 inches in diameter shall be ground-mounted in
such a manner as to be suitable to maintain stability under all conditions,
and the plans for same shall be subject to the approval of the Township
Engineer.
(b)
No antennas greater than 10 feet in height and/or eight feet
in diameter may be located in any zone.
(3)
No television or radio antenna or aerial shall be located in
the front yard or required side yard. Rear yard distance requirements
shall be the same as those set forth in this Part 3 for accessory
buildings in the zone where such antenna or aerial is proposed.
(4)
The antenna or aerial shall be located and screened to minimize
visibility from the street and adjacent properties. In considering
such uses, the Construction Code Official may require additional buffering
or screening so as to accomplish the objective of this section.
(5)
Antennas or aerials recommended to be installed on the ground
by the manufacturer shall be so located. A copy of the manufacturer's
installation recommendations shall be submitted to the Construction
Code Official for his/her review before issuing any permit if the
installation is contemplated other than in the manner recommended
by the manufacturer.
F.
Front
yard setback for flagpoles. In all zones wherein the owner of the
property seeks to erect a flagpole in accord with the terms hereof,
the front yard setback for said flagpole shall be a distance equal
to 50% of the front yard setback required for the erection of a principal
structure in said zone.
[Added 2-16-2010 by Ord. No. 10-03]
A.
General yard and open spaces provisions.
(1)
No building or structure shall be erected or altered to encroach
upon or reduce in any manner the required yard dimensions, areas or
open spaces hereinafter designated for the district in which such
building is located, except as otherwise specifically provided.
(2)
No yard or other open spaces provided about any building for
the purpose of complying with the provisions of this Part 3 shall
be considered as a yard or open space for any other building, and
no yard or other open space of a building on one lot shall be considered
as a yard or open space for a building on any other lot.
(3)
All yards and courts required by this Part 3 shall be open and
unobstructed to the sky, except as provided herein.
(4)
No lot shall be reduced in area so as to make any yard or other
open space less than the minimum required by this Part 3.
B.
Undersized lots.
(1)
Any lot of record, or any lot shown on a recorded subdivision
plat at the time of enactment of this Part 3, with an area or width
less than that prescribed for a lot in the district in which such
lot is located, may be used for any purpose permitted in such district;
provided, however, that no lot of less than 5,000 square feet in area
or less than 40 feet of minimum lot frontage at the building line
shall be used.
[Amended 12-2-2019 by Ord. No. 19-26; 2-16-2021 by Ord. No. 21-09]
(2)
On any undersized lot in single ownership, where the owner of
which owns no adjoining lots, the combined total side yard requirements
for the district in which such lot is located may be reduced by six
inches for each foot a lot is less than the required minimum lot frontage
at the building line prescribed for such district, where necessary
to permit construction thereon of a building having a minimum floor
area prescribed for such district. However, no principal building
shall be placed any nearer than five feet to any side lot line, except
where specifically permitted by this Part 3, and provided further
that no principal building shall be placed any nearer than 15 feet
to any principal building on an adjoining lot.
(3)
Where the owner of an undersized lot owns adjoining lots upon
which there are not any principal structures situated, and where the
composite of the lots, or a portion thereof under single ownership,
meets the minimum area requirements for the district in which the
composite of lots is located, such composite, or portion thereof,
shall be considered as one single lot, and the area and yard provisions
of this Part 3 shall apply:
C.
Corner lots.
(1)
Front yards. All yards facing upon a public street shall conform
to the minimum front yard requirements for the particular district,
except that:
(a)
Where a block frontage (total length of lot frontage along a
street between the nearest two intersecting streets) is entirely formed
by the side street lines of two abutting corner lots, the depth of
the front yards facing such side street lines may be reduced by not
more than 40% of the required depth.
(b)
For any corner lot of record that is not of sufficient width
to permit the adherence to the minimum requirements for a front yard
in a particular district, the front yard abutting the side street
line may be reduced by not more than 1/3 of the required depth for
a front yard. Nothing in this subsection shall permit the reduction
in width or depth of the other required yards of such corner lots.
(2)
Side yards. All side yards not abutting and facing upon a public
street shall conform to the minimum side yard requirements for the
particular district, except that the side yard of a corner lot which
adjoins the required front yard abutting the side street line shall
conform to the minimum rear yard requirements for the adjoining interior
lots.
(3)
Rear yards (nonexistent). For the purposes of applying the provisions
of this Part 3, a corner lot shall be deemed to have front yard and
side yards only.
(4)
Adjoining districts. Where a corner lot in a commercial, industrial or less restrictive residential district directly abuts a lot in a more restrictive residential district along the same side of a public street, all of the regulations of such more restrictive residential district for front yards shall apply to such corner lot along the street whose frontage it shares with the more restrictive residential district, except that Subsection C(1)(a) and (b) above shall apply where such corner lots are not of sufficient frontage.
D.
Front yards.
(1)
Corner lots. Front yards required on corner lots shall be subject to the provisions of Subsection C(1)(a) above.
(2)
Double-frontage lots. Yards facing upon public streets shall
be considered as front yards and shall conform to the minimum front
yard requirements for the particular district. The building line of
any principal structure or building erected or constructed upon such
lots shall not be established in excess of 15 feet of the average
front yard depth of adjoining lots on either side.
(3)
Master Plan and Official Map.
(a)
Where a lot has frontage upon a street which, on the major street
portion of the Master Plan, or on the Official Map of the Township,
is contemplated for right-of-way widening, the required yard depth
and area shall be measured from such proposed future right-of-way
line.
(b)
For the purpose of measuring and determining front yards, no
street or road shall be considered as having an established right-of-way
of less than 50 feet in width.
(4)
Front yard depth in developed areas. If the front yard depth
of two or more existing principal buildings on each side of a lot
within a distance of 150 feet and fronting on the same side of the
same public street between the nearest two intersecting streets is
greater or less than the front yard depth required in this Part 3
for a particular district, the average of the existing depths, from
street line to building line, within such specified distance shall
be the required front yard depth for the lot in question.
E.
Permitted
extensions and projections. The following portions of, or attachments
to, a principal building may extend and project into a required yard
as described below:
[Added 2-16-2021 by Ord. No. 21-08]
(1)
Uncovered steps only may project up to five feet into a required
front or rear yard. If the existing front yard setback is nonconforming,
uncovered steps may be reconstructed in their existing locations and
footprints, but not increased further in size or encroach further
into the required front yard area.
In all residential zones, a covered porch or stair landing of
a principal structure may project up to five feet into a required
front yard. In addition, uncovered steps giving access to said porch
may be installed. Neither the porch nor the covered landing shall
be enclosed or screened. In addition, there shall be no habitable
space created above the porch or landing. If the existing front yard
setback is nonconforming, an existing porch and landing may be reconstructed
and covered in their existing locations and footprints, but not increased
further in size or encroach further into the required front yard area.
(2)
On grade patios and barbecues are permitted in any rear yard
or side yard provided they satisfy the requirement for accessory structures
in the zone.
(3)
Cornices, eaves beyond the foundation wall, bay windows, sills,
awnings, ornamental features, architectural features and chimneys
may project up to two feet into any minimum required front, side or
rear yard.
(4)
Fire escapes and outside stairways may project into any required
yard area.
(5)
Show windows in commercial districts, but not more than 18 inches
into any front yard.
(6)
Room air-conditioning equipment and ground-mounted generators
may be located only within any side or rear yard, so long as the furthest
extending side is not less than five feet from any property line.
Outside central air-conditioning equipment may be located only in
any side or rear yard, provided that the closest face of the unit
is not less than five feet from the property line.
(7)
Habitable areas of a building may be extended up to two feet
beyond the foundation wall into any required side yard or rear yard
area beginning at the second floor level.
In all districts where front yards are required on corner lots,
all walls, fences, ornamental structures, hedges, shrubbery or other
plantings, other fixtures and structures, and ground elevation located
within a triangular area having two twenty-five-foot sides measured
along the front lot line and side street line from the intersection
point of such lines shall be limited in height so as to prevent the
impairment of vision at such street intersection. Such height shall
not be in excess of three feet above the established curb elevation
of the nearest curb, except that retaining walls shall be permitted
where changes in street grade, width, or alignment have made such
structures necessary. In the case of trees within this triangular
area, all branches shall be trimmed away to a height of nine feet
above the curb level where vision is measurably impaired or obstructed.
[Amended 8-11-2004 by Ord. No. 04-11]
A.
Fences and walls shall be exempt from the yard requirements of this
Part 3.
B.
Where any fence or wall is situated on a corner lot, the provisions of § 195-119 shall apply with respect to the height limitations for visibility clearance at street intersections.
C.
No fence or wall hereafter erected, constructed or added to that
is situated between two abutting residential properties shall be any
greater in height than 6 1/2 feet, measured from the finished
grade elevation along the length of such wall or fence.
D.
In the case of a residential corner lot, a fence or wall of any type not greater than 6.5 feet in height may be permitted to extend along the right-of-way where such wall or fence encloses the yard area of a home located on a corner lot, providing that the conditions of § 195-119 are also met and that no such fence shall be allowed beyond a parallel line extended from the front facing side of the home to the right-of-way.
[Amended 8-18-2014 by Ord. No. 14-22]
E.
Nothing in this section shall apply to shrubbery, hedges or other
plantings located between such properties.
F.
Open security fences up to eight feet high shall be permitted in
any industrial zone upon proper application to the Construction Code
Official.
G.
The face, or finished side, of a fence or wall shall face the adjacent
property.
H.
No fence or wall shall be constructed with barbed wire, metal spikes
or other such dangerous material or constructed in such a manner as
to be dangerous to animals or humans.
I.
Solid fences shall not be permitted to be constructed in the front yard of any residential property and any such fence shall be required to be open, partial or board-on-board, except as specifically allowed per § 195-120D.
[Amended 8-18-2014 by Ord. No. 14-22]
J.
Prior to the installation of fencing in the Township, a permit shall
be obtained from the Building Department.
Essential services shall be exempt from the provisions of this
Part 3.
A.
Restrictions. No building may be erected, altered or used, and no
lot or premises may be used, for any use which is noxious or offensive
by reason of odor, dust, vibration, illumination, electrical interference,
noise, or which constitutes a public hazard by reason of fire, explosion
or air or water pollution.
B.
Noise.
(1)
In residential and commercial districts, when measured at the
lot line, and industrial districts, when measured at any point on
the boundary of the nearest residential or office district, the sound-pressure
level radiated continuously from a facility between the hours of 9:00
p.m. and 7:00 a.m. shall not exceed the following in any active band
of frequency:
[Amended 1-17-2012 by Ord. No. 12-01]
|
Frequency Band
(cycles per second)
|
Sound-Pressure Level
(decibels re 0.0002 microbar)
| |
|---|---|---|
|
20 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
45
| |
|
600 to 1,200
|
41
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
4,800 to 10,000
|
28
|
(2)
If the noise is not smooth and continuous and is not radiated
between the hours of 9:00 p.m. and 7:00 a.m., one or more of the following
corrections shall be added to or subtracted from each of the decibel
levels given above:
|
Type of Operation/Character of Noise
|
Correction in Decibels
| |
|---|---|---|
|
Daytime operation only
|
+5
| |
|
Noise source operated less than 20% of the time
|
+5*
| |
|
Noise source operated less than 5% of the time
|
+10*
| |
|
Noise source operated less than 1% of the time
|
+15*
| |
|
Noise of impulsive character (hammering, etc.)
|
-5
| |
|
Noise of periodic character (hum, screech)
|
-5
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Applying one of these corrections only.
| |
|
The sound-pressure level shall be measured with a sound-level
meter and an octave bank analyzer that conforms to the latest specifications
published by the American Standard Association, New York, New York.
| ||
C.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot line, nor shall any vibration produced exceed 0.002
g peak, measured at or beyond the lot line using either seismic or
electronic vibration measuring equipment.
[Added 8-11-2004 by Ord. No. 04-11]
Any outdoor aboveground storage tank in any zone district within
the Township of Clark shall be enclosed by a solid wall no higher
than eight feet in height and constructed of noncombustible materials.
[Added 11-16-2009 by Ord. No. 09-25]
In all zones wherein the owner of the property seeks to erect
a flagpole in accord with the terms hereof, the front yard setback
for said flagpole shall be a distance equal to 50% of the front yard
setback required for the erection of a principal structure in said
zone.
