[Amended 6-24-1980 by Ord. No. 80-41; 7-29-1980 by Ord. No.
80-44; 12-20-1983 by Ord. No. 83-51; 12-20-1983 by Ord. No. 83-53; 1-17-1984 by Ord. No. 84-1; 7-11-1995 by Ord. No. 95-27; 7-11-1995 by Ord. No.
95-28]
A.
For the purposes of encouraging the revitalization
of the central business district of the Township of Montclair, the
C-1 Central Business Zone shall be differentiated into two areas:
[Amended 7-10-2007 by Ord. No. 07-36]
(1)
The center area, comprising that portion of the C-1
Central Business Zone between St. Luke's Place/Francis Place to the
west and Elm Street/Grove Street to the east; and
(2)
The community area, comprising that portion of the
C-1 Central Business Zone between Elm Street/Grove Street to the west
and the border of Montclair Township and the Borough of Glen Ridge
to the east.
[Amended 2-11-2008 by Ord. No. 08-02]
B.
In the center area of the C-1 Central Business Zone,
pedestrian-oriented, regional, specialized shopping opportunities
in a downtown setting shall be encouraged. Uses which are automobile-oriented,
or which have low customer turnover on the ground floor or which create
gaps in retail store frontage shall be discouraged, except that appropriate
retail, office and residential uses in all areas of the zone shall
be encouraged above the ground floor.
C.
In the community area of the C-1 Central Business
Zone, a wide variety of both local and regional shopping opportunities
which are both pedestrian- and automobile-oriented are encouraged.
In this area a greater mix of uses on both the ground floor and on
the upper floors is encouraged.
D.
All required
parking shall be provided on site.
[Amended 5-18-2021 by Ord. No. O-21-03]
A.
The following principal uses shall be permitted in
all areas of the C-1 Central Business Zone:
(1)
Restaurants and eating and drinking establishments,
but excluding drive-in or drive-through restaurants.
(2)
Commercial recreation facilities, such as theaters, movie theaters,
museums, galleries and amusement centers and other educational and
event spaces associated with the arts and entertainment industry.
[Amended 9-29-2015 by Ord. No. O-15-025]
(3)
Convenience retail establishments, such as supermarkets,
food stores, liquor stores, bakeries, cosmetic stores, drugstores
and video sales and rental stores.
(4)
Specialty retail establishments, such as antique stores,
opticians, gift stores, clothing and shoe stores, toy stores, jewelry
stores, sports and outdoor equipment stores, bicycle stores, furniture
stores, hobby stores, photography stores, electronic and appliance
stores, pet stores, stationery and office supply stores, record and
book stores and hardware stores.
(5)
Service retail establishments, such as barbershops,
beauty parlors, nail salons, dry-cleaning establishments, laundries,
copy or printing establishments, tailors, household and electronic
repair establishments, health clubs, gyms and travel agencies.
(6)
Banks.
(7)
[1]Mixed-use buildings that meet the following requirements:
[Added 7-26-2022 by Ord. No. O-22-17]
(a)
Permitted nonresidential uses, other than office uses, are provided
along the first floor of all street-facing facades with a depth of
at least 30 feet measured from the building wall. A residential lobby
may also occupy the first floor frontage.
(b)
Any curb cut for access lanes to parking shall not interrupt the
street frontage of the building.
[1]
Editor's Note: Former Subsection A(7), Nonprofit institutional uses, was repealed 6-18-2013 by Ord. No. O-13-22. See now § 347-80B(6).
(8)
Educational play centers.
B.
The following principal uses are permitted in the
community area of the C-1 Central Business Zone and on all but the
first floor of the center area of the C-1 Central Business Zone:
(1)
Apartments.
(2)
Educational or quasi-educational establishments, such
as ballet or dance schools, martial arts schools, nursery schools
and business, vocational or technical schools.
(3)
General, business and professional offices, including
medical offices, finance, insurance and real estate offices.
(4)
Municipal, county, state and federal government offices.
(5)
Senior citizen housing.
[Added 5-26-1998 by Ord. No. 98-17]
(6)
Nonprofit institutional uses.
[Added 6-18-2013 by Ord. No. O-13-22]
C.
The following principal uses shall be permitted only
in the community area of the C-1 Central Business Zone:
D.
The following principal uses shall be permitted as
conditional uses in the C-1 Central Business Zone:
(2)
Garden centers and building supply establishments,
subject to the following conditions:
(a)
Such uses shall be permitted in the community
area of the C-1 Central Business Zone only.
(b)
Sufficient space shall be provided on the site
for loading operations.
(c)
Loading areas and outdoor storage areas shall
be set back at least 25 feet from a residential zone boundary or an
existing residential use, and separated from such areas by a buffer
strip at least 15 feet in width with a screening at least six feet
high comprised of a berm, fence or evergreen vegetation or a combination
thereof.
(d)
The facade of any building devoted to such uses
which faces the street shall have the appearance of a commercial or
residential building.
(3)
Fast-food restaurants, bars and taverns, subject to
the following conditions:
(a)
No fast-food restaurant or bar or tavern shall
be located closer than 750 feet to property occupied by another such
establishment in the C-1 Zone.
(b)
Minimum on-site parking of one space per two
seats or one space per (50) square feet of gross floor area, whichever
is greater, shall be provided.
(c)
Consumption of food and drink outdoors or in
the accessory parking lot shall be prohibited.
(d)
A buffer strip of at least (15) feet in width
shall be established adjacent to any residential or office uses and
to any residential zone boundary. The buffer strip shall be appropriately
landscaped with evergreens supplemented by fencing to shield adjacent
properties.
(4)
Parking decks as a principal use, subject to the following
conditions:
(a)
No parking decks shall have frontage on Bloomfield
Avenue.
(b)
No parking decks may exceed two stories or levels
nor more than 40 feet in height.
(c)
A setback of at least 15 feet shall be provided
from all property lines. Within such setback areas, vegetative plantings
shall be provided to screen the deck from adjacent properties and
from the public street.
(d)
The facade of the parking deck facing a public
street or an adjacent residential use or zone boundary shall have
an architectural finish in keeping with the commercial or residential
character of the surrounding area.
(5)
Assisted-living facilities, permitted as a principal
use, subject to the following conditions:
[Added 5-26-1998 by Ord. No. 98-17]
(a)
The maximum density shall be 55 units per acre.
(c)
Site plan approval shall be required.
(d)
The maximum height shall be six stories or 67
feet, whichever is less.
(e)
The minimum front yard setback shall be zero
feet. The minimum side yard setback shall be zero feet. The minimum
rear yard setback shall be 10 feet.
(f)
The applicant shall provide evidence of a license
issued by the New Jersey State Department of Health pursuant to N.J.A.C.
8:36-1 through 8:36-16.
(g)
If located in the "center" area of the C1 Zone,
the assisted-living facility shall not occupy the first floor.
(6)
Cannabis retailers licensed by the State of New Jersey and the Township
of Montclair, subject to the following conditions:
[Added 8-10-2021 by Ord.
No. O-21-18]
The following uses shall be prohibited in the
C-1 Central Business Zone:
A.
Drive-in or drive-through restaurants.
B.
Adult entertainment.
C.
Tattoo parlors, including body piercing establishments.
D.
New and use automobile sales, automobile rentals,
automobile service stations, repair establishments and automobile
washing establishments.
[Amended 2-14-2006 by Ord. No. 05-60]
E.
Manufacturing, research and development, wholesale
trade or warehouse establishments and bus and truck depots.
F.
Storage establishments, including mini-storage warehouses.
G.
Pawn shops.
H.
Check-cashing shops.
I.
The retail or wholesale sale of weapons or firearms,
as the same are defined in N.J.S.A. 2C:39-1.
[Added 9-5-1995 by Ord. No. 95-32]
J.
Drive-through or drive-in banks.
[Amended 2-14-2006 by Ord. No. 05-60]
[Amended 2-11-2008 by Ord. No. 08-02; 7-21-2015 by Ord. No. O-15-016; 5-18-2021 by Ord. No. O-21-03; 9-21-2021 by Ord. No. O-21-23]
The following uses shall be permitted as accessory
uses in the C-1 Central Business Zone:
A.
Surface parking and parking decks of up to two stories in height.
Parking below buildings in the C-1 Zone District is only permitted
if it is fully screened or enclosed so as not to be visible from any
public area and is accessed via a side street or parking lot, not
Bloomfield Avenue or Glenridge Avenue.
A.
Lot size requirements.
(1)
Lots for new multifamily buildings containing apartment
units exclusively shall have a minimum width of 100 feet and a minimum
lot area of 20,000 square feet.
(2)
Lots for mixed-use buildings exclusively shall have
a minimum lot width of 60 feet and a minimum lot area of 10,000 square
feet.
[Amended 1-23-2007 by Ord. No. 07-02; 7-26-2022 by Ord. No. O-22-17]
(3)
Lots for buildings containing nonresidential uses
shall have a minimum width of 60 feet and a minimum lot area of 10,000
square feet, except that previously existing lots which are less than
60 feet wide and 10,000 square feet in area may be used for nonresidential
uses.
B.
Height, setback and density standards for principal
structures. Except as otherwise provided, the following height, setback
and density standards shall apply to principal buildings in the C-1
Central Business Zone:
(2)
The minimum front yard setback for all buildings shall
be zero feet. In the central area of the C-1 Central Business Zone,
no building shall be set back further than the greater setback of
buildings on the adjoining lots.
(3)
No side yards shall be required for buildings in the
C-1 Central Business Zone, except that where a side yard is provided,
such side yard shall be a minimum of six feet.
(4)
The minimum rear yard for all permitted buildings
shall be 10 feet, except that for buildings which are exclusively
residential or which contain residential apartment units, a rear yard
in excess of 10 feet may be required, as determined by the Planning
Board, based on the provision of adequate light and air and open space;
however, in no case shall the required rear yard setback exceed 30
feet.
(5)
For buildings containing exclusively residential apartment
units, the maximum density shall be 55 units per acre. For mixed-use
buildings containing both apartments and nonresidential uses, the
maximum number of residential units shall be 55 units per acre multiplied
by the proportion of the total floor area of the building devoted
to residential use.
(6)
Provisions shall be made at the rear of all nonresidential
buildings for off-street loading and unloading, subject to Planning
Board review. Exceptions may be granted for existing buildings where
no such loading or unloading is provided for or for new buildings
where rear access from public streets is not available.
C.
Height and setback of accessory structures, parking
areas and driveways.
(1)
No parking or accessory structures shall be permitted
in front yards. Surface parking areas shall be set back at least four
feet from side or rear property lines, although the Planning Board
may require such additional distance from property lines to allow
for appropriate fencing and for landscaped screening where adjoining
residential zones.
(2)
Accessory structures other than parking decks shall
not exceed one story or 15 feet in height, whichever is lesser, and
shall be set back at least four feet from side and rear property lines.
Parking decks shall be set back at least 15 feet from all property
lines.