A.
When a new lot is formed from part of a parcel of
land on which there is an existing building, the lot size, setback
and bulk requirements hereunder must be maintained for the existing
building, and the new lot and any proposed new buildings must also
comply with these requirements.
B.
When a new lot is formed so as to include within its
boundaries any part of a former lot on which there is an existing
principal building, for the purpose of this chapter such new lot shall
be deemed to embrace only so much of such former lot as would not
be required to be included in such former lot to permit the erection
thereon of the existing principal building.
C.
In no case shall a new lot be formed from part of
a parcel of land on which there exists a principal residential building
in any single- or two-family zone if the lot is to be positioned so
that a structure erected thereon would disturb the uninterrupted frontage
of the existing residential building to the street on which said new
lot or lots are to front.
D.
The minimum lot width required indicated on the Montclair
Township Zoning Map dated August 1, 2017, establishes the minimum
lot width for properties in the R-O, R-O(a), R-1 and R-2 Zone Districts.
Existing lots of record under separate ownership with lesser widths
at the time this subsection is adopted are permitted.
[Added 11-29-2005 by Ord. No. 05-60A; amended 5-18-2021 by Ord. No. O-21-03; 4-12-2023 by Ord. No. O-23-08]
E.
The minimum lot sizes and areas in R-O, R-O(a), R-1
and R-2 Zones shall conform to the minimum lot sizes and areas prescribed
in this chapter, or if there is no such zoning requirement for the
district in which such lot or lots are located, the width of such
proposed lot or lots shall conform to the widths set forth in the
Zoning Map appended to this chapter. The depth of such proposed lot
or lots shall conform to the following requirements:
[Added 11-29-2005 by Ord. No. 05-60A; amended 3-12-2013 by Ord. No. O-13-09; 4-23-2019 by Ord. No. O-19-012; 4-12-2023 by Ord. No. O-23-08]
(1)
Where the existing street pattern has been established and there is no opportunity for interior block subdivision, the depth of all newly created lots shall be in keeping with the established lot depth, as defined in § 347-2.
(2)
Where the existing street pattern has not been established
and where a subdivision will involve a new street, lots of the respective
widths shown shall have the minimum depth stated below:
|
Lot Width
(feet)
|
Minimum Lot Depth
(feet)
| |
|---|---|---|
|
50 to 60
|
150
| |
|
61 to 70
|
155
| |
|
71 to 80
|
155
| |
|
81 to 90
|
170
| |
|
91 to 100
|
180
| |
|
101 and over
|
200
| |
F.
The minimum lot sizes and areas in R-3, OR-3, R-4,
OR-4, C-1, C-2 and NC Zones shall conform to the minimum lot sizes
and areas prescribed in this chapter.
[Added 11-29-2005 by Ord. No. 05-60A]
No private driveway or walk giving access to
a residential use in a less restricted zone shall be permitted over
land in a more restricted zone.
[Amended 2-7-2023 by Ord. No. O-22-23]
A.
For one- and two-family dwellings, there shall be no more than one principal building per lot. However, as provided in § 347-8, one- and two-family dwellings may have one accessory dwelling on such lot. Each lot shall front on a public street.
[Amended 2-21-2023 by Ord. No. O-22-27]
B.
Maximum
impervious coverage.
(1)
For
lots less than 10,000 square feet in area, the maximum impervious
coverage shall be 55% of the lot area.
(2)
For
lots over 25,000 square feet in area, the maximum impervious coverage
shall be 35% of the lot area.
(3)
For
lots with areas between 10,000 square feet and 25,000 square feet
in area, the maximum impervious coverage shall be equal to 55 divided
by the square root of the lot area.
A.
Unless otherwise expressly provided, the terms "rear
yard," "front yard," "side yard" and "court," when used in this chapter,
shall be deemed to refer only to a rear yard, front yard, side yard
or court required by this chapter. No lot area shall be so reduced
or diminished that the yards, courts or open spaces shall be smaller
than prescribed by this chapter. No existing building shall be altered,
enlarged or rebuilt except in conformity with the regulations herein
prescribed.
B.
Except as otherwise provided in this chapter, every
room in which persons live, sleep, work or congregate shall have at
least one window or ventilating skylight opening directly either upon
a street or upon a rear yard, front yard, side yard or court located
upon the same lot and conforming to the requirements prescribed by
this chapter as to its minimum area and least dimensions. The provisions
of this chapter shall not be deemed to apply to courts or shafts for
bathrooms, hallways or stairways.
C.
The area required in a court or yard at any given
level shall be open from such level to the sky, unobstructed except
for the ordinary projections of skylights and parapets above the bottom
of such courts or yard and except for the ordinary projections of
windowsills, belt courses, cornices and other ornamental features
to the extent of not more than four inches.
D.
An open or lattice-enclosed iron fire escape, fireproof
outside stairway or solid-floored balcony may project four feet into
a rear yard or a side yard.
E.
A corner of a court or yard may be cut off between
walls of the same building, provided that the length of the wall of
such cutoff does not exceed seven feet, and further provided that
the required area of the court or yard is not diminished.
F.
Windows opening on a recess to a court, yard or common
shall be deemed to comply with the provisions of this chapter, provided
that such recess is no longer in any part than 1/2 of its width on
the open side.
A.
Accessory buildings, except as provided for in Article VIII, § 347-58, shall be located in the rear yard and shall not occupy more than 25% of the rear yard in all zones, except not more than 15% in the RO and R-O(a) Zones.
[Amended 7-15-1980 by Ord. No. 80-31; 7-12-2005 by Ord. No.
05-34; 5-18-2021 by Ord. No. O-21-03]
B.
When the rear lot line of a corner lot coincides with
the side lot lines of the adjoining property fronting on the side
street, accessory buildings shall set back from such rear lot line
not less than a distance equivalent to the width of the minimum required
side yard for such corner lot.
C.
The provisions of this section shall not apply to a garage built in a multifamily zone below the first-floor level, as provided in § 347-58.
E.
When any structure is attached to the principal building, it shall
be considered a part of such building and as such shall comply with
all regulations applicable to the principal building. Any accessory
structure located within four feet of the principal building shall
be considered part of such building. Accessory buildings less than
100 square feet in size are exempt.
[Added 5-18-2021 by Ord.
No. O-21-03]
F.
The maximum building footprint for accessory buildings may not exceed
24 feet in any one direction. In the R-O and R-O(a) Zones, the maximum
building footprint may not exceed 36 feet in any one direction.
[Added 5-18-2021 by Ord.
No. O-21-03]
G.
A maximum of two accessory buildings are permitted per lot, excluding
accessory buildings less than 100 square feet in area.
[Added 5-18-2021 by Ord.
No. O-21-03]
[Amended 6-13-2006 by Ord. No. 06-35; 5-18-2021 by Ord. No. O-21-03]
A.
The height provisions of this chapter shall not apply to the erection
of church spires, belfries, towers designed exclusively for ornamental
purposes, chimneys or flues.
B.
Rooftop mechanical equipment shall comply with the following:
(1)
All rooftop mechanical equipment other than skylights, gooseneck
exhaust ducts serving kitchen and toilet ventilating systems, roof-mounted
antennas and plumbing vent stacks shall be enclosed in a penthouse.
(2)
Maximum penthouse space shall not exceed 10% of the total rooftop.
(3)
The maximum height of a penthouse shall be 10 feet above the height
of the roof.
(4)
Habitable penthouse space is considered a story and is not exempt
from the maximum height required in the zone.
(5)
All penthouses shall be designed to harmonize with the main structure
in architectural character, material and color, except that a rooftop
egress stairwell enclosure not containing any other form of habitable
or mechanical space may be contained within a separate enclosure.
(6)
When roof levels vary by one floor or more or when separate elevator
penthouses are required, there may be one enclosure for each elevator
penthouse at each roof level.
(7)
Enclosing walls of the penthouse shall be of equal, uniform height
as measured from the roof level except that:
(a)
Enclosing walls of penthouse habitable space may be of a single
different height than walls enclosing penthouse mechanical space.
(b)
For a penthouse containing no habitable space, enclosing walls
for an elevator override may be of a separate uniform height.
(c)
Required screening walls around uncovered mechanical equipment
may be of a single, different uniform height.
(d)
Penthouses, screening around unenclosed mechanical equipment,
rooftop platforms for swimming pools, roof decks, trellises and any
guardrail on a roof shall be set back from the edge of the roof upon
which it is located a distance equal to two feet from the building
wall of the roof for every one foot of height of the penthouse above
the roof surface or top of the parapet.
(8)
No mechanical equipment may be placed on the roof of a penthouse.
C.
Parapet walls and cornices shall be permitted to exceed such height
limit by not more than five feet.
D.
A dormer/dormers in a half story that is not/are not more than 50%
of the width of the facade at their widest point shall not result
in the half story counting as a full story.
[Added 10-2-1984 by Ord. No. 84-38]
A.
Freestanding dish antennas are permitted in any zone
only as an accessory use, subject to the following standards:
(1)
No more than one dish antenna per lot shall be permitted.
(2)
Dish antennas shall be located only in rear yards
and shall comply with the minimum side and rear yard setbacks for
principal structures or with setbacks equal to the height of the antenna
structure, whichever is greater.
(3)
No dish antenna structure shall exceed 11 feet as
measured from the average ground elevation below the structure to
the highest point of the structure, and no dish receiver shall exceed
a diameter or dimension of seven feet or an area of 40 square feet.
(4)
Dish antennas shall be screened from the view from
abutting private or public properties and streets by natural evergreen
landscaping. Such plantings shall be a minimum of five feet high at
the time of planting and spaced to create an effective visual screen.
B.
Dish antennas mounted on principal or accessory buildings
are permitted in any zone, subject to the following standards:
(1)
No more than one dish antenna per lot shall be permitted.
(2)
The dish antenna shall be considered part of the building
upon which it is mounted and shall comply with all height, setback
and other regulations applicable to the building.
(3)
No dish receiver shall exceed a diameter of 3.3 feet
or an area of 8.6 square feet.
[Added 12-17-1985 by Ord. No. 85-44]
Corner lots shall have one front yard along
each street frontage. The rear yard shall be opposite the street frontage
of least dimension. The remaining yard or yards shall be minimum side
yards.
Where a lot is traversed by a municipal boundary
line, any building erected in whole or in part on the portion of the
lot in Montclair shall be in compliance with the requirements of any
ordinance of the neighboring municipality applicable to said lot prescribing
minimum yards, courts and area of lot occupied by buildings, and shall
not have a roof which rises above the maximum height of buildings
permitted for such lot by the ordinances of the neighboring municipality,
unless the requirements of this chapter with respect to minimum yards,
courts, the area of lot occupied by buildings and the height of buildings
are more restrictive than such requirements of the ordinances of the
neighboring municipality, in which case the more restrictive requirements
of this chapter shall control.
[Amended 11-27-1984 by Ord. No. 84-45]
A.
In all zones, except the R-O, R-O(a) and C-2 Zones:
(1)
On interior lots, fences or walls other than retaining
walls shall not exceed 4 1/2 feet in height when built in front
of the extreme rear corner(s) of the principal building and shall
not exceed seven feet in height when built on the remainder of the
lot.
(2)
On corner lots, fences or walls other than retaining
walls shall not exceed 4 1/2 feet in height when built between
the street line upon which the principal building fronts and the extreme
rear corner(s) of the principal building or between the side street
line and the setback of the principal building. On the remainder of
the lot, fences or walls shall not exceed seven feet in height.
B.
In the R-O and R-O(a) Zones:
(1)
On interior lots, open fences (defined as having 25%
or less solid areas or voids of dimension not less than two inches)
shall not exceed 4 1/2 feet in height, and solid walls, other
than retaining walls, shall not exceed three feet in height when built
in front of the extreme rear corner(s) of the principal building.
Stockade and other solid fences are not permitted in this area. On
the remainder of the lot, fences or walls shall not exceed seven feet
in height.
(2)
On corner lots, open fences (defined as having 25%
or less solid areas or voids of dimension not less than two inches)
shall not exceed 4 1/2 feet in height and solid walls other than
retaining walls shall not exceed three feet in height when built between
the street line upon which the principal building fronts and the extreme
rear corner(s) of the building or between the side street line and
the setback of the principal building. Stockade and other solid fences
are not permitted in this area. On the remainder of the lot, fences
or walls shall not exceed seven feet in height.
C.
In the C-2 Zone, fences or walls other than retaining
walls shall not exceed seven feet in height.
D.
Open fences (defined as having 25% or less solid areas,
or voids of dimension not less than two inches) not exceeding six
feet in height may be erected on the property of any church, school,
cemetery or public playground.
E.
On corner lots no fence or wall shall exceed 2.5 feet
in height when built in a triangular area, the two sides of which
are formed by twenty-five-foot lengths of street lines intersecting
at an angle or, if the corner is rounded, by the extension of the
street lines to form such an angle.
F.
All fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties
or the street.
G.
Partition fences or walls topped with barbed wire
or similar hazardous elements shall not be permitted unless their
erection is consented to in writing by the adjacent land owner.
H.
Fences enclosing tennis courts in side or rear yards
may exceed seven feet in height but shall not be higher than 10 feet.
Such fences shall not be closer than 20 feet to property lines, except
that a minimum fence setback of 10 feet shall be permitted if a hedge
or row of dense shrubs at least four feet high at the time of planting
is maintained between the fence and the respective property line. [1]
[1]
Editor's Note: Former Subsection I, added
11-26-2002 by Ord. No. 02-52, regarding retaining walls over four
feet in height, which immediately followed this subsection, was repealed
11-29-2005 by Ord. No. 05-60A.
[Added 11-26-2002 by Ord. No. 02-52]
A.
Retaining walls may abut property lines without any
required setback.
B.
On interior lots, retaining walls shall not exceed
4.5 feet in height when built in front of the extreme rear corner(s)
of the principal building and shall not exceed seven feet in height
when built on the remainder of the lot.
C.
On corner lots, retaining walls shall not exceed 4.5
feet in height when built between the street line upon which the principal
building fronts and the extreme rear corner(s) of the principal building
or between the side street line and the setback of the principal building.
On the remainder of the lot, retaining walls shall not exceed seven
feet in height.
D.
On corner lots no retaining wall shall exceed 2.5
feet in height when built in a triangular area, the two sides of which
are formed by twenty-five-foot lengths of street lines intersecting
at an angle or, if the corner is rounded, by the extension of the
street lines to form such an angle.
E.
In the event that a guard rail, fence or wall other
than a retaining wall is provided at the top of the retaining wall,
the wall height shall be measured to the top of the guard rail, fence
or wall on top of the retaining wall.
F.
When the overall height of the retaining wall and
guard rail, fence or wall on top of the retaining wall exceeds the
maximum permitted height, the guard rail, fence or wall other than
the retaining wall must be set back from the top of the retaining
wall by one foot for every foot of height of the guard rail, fence
or wall on top of the retaining wall.
G.
Terraced retaining walls involving more than one section
of wall above or below each other shall be construed as one wall unless
the base of the upper wall is separated from the face of the lower
wall by at least four feet, measured horizontally.
H.
In the event that a retaining wall is permitted by
variance to exceed the maximum permitted height, the Board granting
the variance may require an appropriate guard rail, fence or wall
in order to protect persons from falling over the edge of the retaining
wall.
I.
Every retaining wall over four feet in height must
be designed by a licensed professional engineer.
[Added 11-27-1990 by Ord. No. 90-53]
Rolling, swinging, sliding or accordion garage-type
security gates or doors, whether solid or not solid, shall not be
permitted on or in any building so as to be visible from a street
or municipal parking area, except that such gates or doors may be
used to cover the vehicular entrance to a building.[1]
[1]
Editor's Note: Former §§ 347-28.1, Width of lots; 347-28.2, Lot sizes in R-0, R-0(a), R-1 and R-2 Zones; and 347-28.3, Lot sizes in R-3, OR-3, R-4, OR-4, C-1, C-2 and N-C Zones, which were formerly included in Ch. 301, Subdivision of Land, as §§ 301-27 and 301-28 and relocated to this chapter 11-29-2005 by Ord. No. 05-61, were repealed 2-11-2008 by Ord. No. 08-02.
