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,[1] 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.
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.
