A.
This chapter is designed to encourage the most appropriate
use of land throughout the Township of Montclair in accordance with
the land use element of the Master Plan as adopted by the Township
Planning Board.
B.
For this purpose, this chapter designates, regulates
and restricts the location and use of buildings, structures and land
for residential, commercial, public, semipublic and other purposes;
the height and size of buildings and other structures hereinafter
erected or altered; appurtenant off-street parking, signs and other
facilities; and the size of yards and other open spaces.
[1]
Editor's Note: The Zoning Ordinance was originally
adopted 1-23-1979 by Ord. No. 79-1 and amended 2-20-1979 by Ord. No.
79-7; 5-15-1979 by Ord. No. 79-20; 8-21-1979 by Ord. No. 79-31; 11-27-1979
by Ord. No. 79-45; 1-22-1980 by Ord. No. 79-49. Subsequent amendments
noted in text.
[Amended 5-18-2021 by Ord. No. O-21-03]
Whenever a term is used in this chapter which is defined in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., such term is
intended to have the meaning set forth in the definition of such term
found in said statute, unless a contrary intention is clearly expressed
from the context of this chapter. The following definitions shall
be used in the interpretation and construction of this chapter:
A building or use subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building, but in no event shall a trailer be used as an accessory building and no dwelling unit or guest quarters shall be located in an accessory building with the exception of carriage houses pursuant to § 347-9.
[Amended 11-26-2002 by Ord. No. 02-52]
The Zoning Officer.
[Added 5-18-2021 by Ord. No. O-21-03]
An establishment offering entertainment of a sexual nature.
[Added 7-11-1995 by Ord.
No. 95-28]
A dish or parabolic-shaped device designed for the purpose
of receiving electromagnetic waves.
[Added 10-2-1984 by Ord.
No. 84-38]
A portion of a building consisting of a group of rooms used
as a dwelling for a family, including bath and cooking or kitchen
facilities, and set apart as a separate unit from other units or portions
of the building.
[Amended 7-29-1980 by Ord. No. 80-44]
A commercial establishment that engages in the sales, loan,
and/or display of paintings, sculpture, photography, video art, or
other works of art. An art gallery does not include uses such as a
library, museum or noncommercial gallery that may also display paintings,
sculpture, video art or other works of art.
[Added 6-21-2016 by Ord.
No. O-16-018]
A studio for artist activities, such as paintings, sculpture,
photography, video art, and the creation of artisan-related crafts,
such as metalworking, glassblowing, furniture making, pottery, leathercraft
and related items.
[Added 6-21-2016 by Ord.
No. O-16-018]
A commercial establishment where an art, type of exercise,
or activity is taught, practiced or studied, such as dance, martial
arts, photography, music, painting, gymnastics, or yoga.
[Added 6-21-2016 by Ord.
No. O-16-018]
A facility licensed by the New Jersey Department of Health
to provide apartment-style housing, congregate dining and personal
services available when needed for four or more elderly persons unrelated
to the proprietor. Apartment units offer at a minimum one unfurnished
room, private bathroom, kitchenette without stove and lockable entrance
door.[1]
[Added 5-26-1998 by Ord.
No. 98-17]
An establishment primarily engaged in the renting of automobiles
or other vehicles to the public.
[Added 7-11-1995 by Ord.
No. 95-28]
An establishment primarily engaged in furnishing automotive
repair, service, maintenance, body work or painting, but not including
wrecking, salvage or junkyard.
[Added 7-11-1995 by Ord.
No. 95-28
The use of any building, land area or other premises for
the display and sale of automobiles, vans and trucks but not recreational
vehicles, including, as an accessory use, warranty repair work and
service.[2]
[Added 7-11-1995 by Ord.
No. 95-28]
Any establishment used for the washing of automobiles or
any other vehicles.
[Added 7-11-1995 by Ord.
No. 95-28]
The average setback shall be calculated using the front yard
setbacks of the six nearest principal structures on the same street,
three on either side of the lot in question, and within the same block
and zoning district. For corner lots, the average front yard setback
shall be calculated using the front yard setbacks of the three nearest
principal structures on each street. Adjacent principal structures
that have a front yard setback of more than twice the average front
yard setback of other adjacent properties should be disregarded.
[Added 5-18-2021 by Ord.
No. O-21-03]
An establishment that prepares baked goods for sale principally
within the establishment and not for the wholesale trade or other
off-site premises.
[Added 7-11-1995 by Ord.
No. 95-28]
A business establishment authorized to perform financial
transactions, such as receiving and lending money.
[Added 7-11-1995 by Ord.
No. 95-28]
A bank where transactions are made to customers within an
automobile outside the confines of a building.
[Added 7-11-1995 by Ord.
No. 95-28]
That portion of a building that is partly or completely below
grade. A basement shall be considered as a story above mean grade
where the finished surface of the floor above the basement is more
than six feet above grade.
[Added 11-29-2005 by Ord.
No. 05-60A; amended 5-18-2021 by Ord. No. O-21-03]
A room in a dwelling containing washbasin, toilet and bathing
facilities.
A room in a dwelling in which one or more persons normally
sleep.
An establishment open to the public offering billiards or
pool for recreation purposes for a fee.
[Added 7-11-1995 by Ord.
No. 95-28]
A parcel of land designated and numbered on the latest Tax
Maps of the Township of Montclair.
The Planning Board or the Board of Adjustment of the Township.
Where permitted by the Municipal Land Use Law, P.L. 1975, c. 291,[3] the Board of Adjustment may exercise those functions herein
delegated to the Planning Board.
[Added 5-18-2021 by Ord.
No. O-21-03]
Any private establishment which furnishes food and shelter
to four or more adult persons unrelated to the proprietor and which
also provides some personal care or service beyond food, shelter and
laundry, but does not give nursing care.
Any building in which three or more persons not related in
direct line by blood or marriage to the owner or operator of such
business are lodged and served with meals from one kitchen by the
owner or operator for a valuable consideration.
An establishment containing alleys for bowling open to the
public for recreation purposes for a fee.
[Added 7-11-1995 by Ord.
No. 95-28]
A commercial facility which brews any malt alcoholic beverage
in quantities for which it is licensed by the Alcoholic Beverage Commission
pursuant to N.J.S.A. 33:1-10.
[Added 5-18-2021 by Ord.
No. O-21-03]
A restaurant with a restricted brewery license from the State
of New Jersey that prepares handcrafted beer intended for consumption
on the premises as an accessory use and sells beer directly to consumers
and wholesalers.
[Added 5-18-2021 by Ord.
No. O-21-03]
A structure having a roof supported by columns, posts or
walls, used or intended to be used for the shelter or enclosure of
persons, animals or property.[4]
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the principal building on a lot,
plus horizontal areas covered by decks and staircases, to the total
lot area.
[Added 2-11-2008 by Ord.
No. 08-02]
A building in which is conducted the principal use of the
lot on which it is located.
[Added 5-18-2021 by Ord.
No. O-21-03]
A retail or wholesale establishment supplying building or
lumber materials to the public or to contractors.
[Added 7-11-1995 by Ord.
No. 95-28]
A cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
or cannabis retailer.
[Added 8-10-2021 by Ord.
No. O-21-18]
A state-regulated cannabis retailer or clinical registrant,
which shall possess prior to commencing operations one of the classes
of permit or permit endorsement issued by the State of New Jersey
that authorizes the dispensation, sale, or distribution of cannabis
or cannabis-derived or infused products and/or related clinical research,
provided that such facility shall not cultivate, manufacture, process,
or wholesale cannabis or cannabis products from such facility.
[Added 8-10-2021 by Ord.
No. O-21-18]
A state-regulated cannabis grower, also referred to as a
cannabis cultivation facility; a cannabis processor, also referred
to as a cannabis product manufacturing facility; a medical cannabis
alternative treatment center; or a clinical registrant, all of which
shall possess prior to commencing operations one of the classes of
permit or permit endorsement issued by the State of New Jersey that
authorizes such cannabis establishment to cultivate, manufacture,
process, wholesale, and/or study or research cannabis or cannabis-derived
or infused products, provided that such facility shall not dispense,
sell, or distribute cannabis or cannabis products from such facility.
[Added 8-10-2021 by Ord.
No. O-21-18]
An accessory building originally constructed at or about
the same time as the principal single-family dwelling and used for
storage and for second floor occupancy by one or more employees of
the property owner and consisting minimally of a bathroom and one
or more bedrooms.[5]
[Amended 6-9-1981 by Ord.
No. 81-31]
Property used for the interment of the dead.
[Added 5-18-2021 by Ord.
No. O-21-03]
A building or group of buildings used for recreational purposes
and operated as a business and open to the public for a fee, including
theaters, movie theaters, museums, art galleries and amusement centers.
[Added 7-11-1995 by Ord.
No. 95-28]
Ownership by one person or by two or more persons owning
property jointly or in common or any other form of ownership where
two or more persons own a separate parcel of real property and each
has an estate or interest in all of said parcel.
A stove, microwave, hot plate or other appliance used for
the preparation of food.
[Added 6-9-1998 by Ord.
No. 98-24]
A lot at the junction of and fronting on two or more intersecting
streets. The frontage orientation of a "corner lot" to a street shall
be upon that street on which the lesser dimension of the lot exists.
The long dimension of such a lot shall be its depth, the less dimension
its width.
An open, unoccupied space enclosed or partially enclosed
by three intersecting walls of a building or buildings on the same
lot. For the purpose of this chapter, the space included between two
walls which intersect at an angle of less than 90° shall be considered
a court.
The permanently established grade of street in front of the
lot. Where the lot level is higher than curb level, the average level
of the former along the wall in question may be taken as the base
for measuring the height of a wall adjacent to a yard or court.
A person licensed by the State of New Jersey to practice
medicine, dentistry, osteopathy or chiropractic.
An extension or gable projecting out from a sloping roof
which may include a vertical window.
[Added 6-13-2006 by Ord.
No. 06-35]
A dwelling or portion thereof providing complete living facilities
for one family.
An establishment serving prepared food or drink within an
enclosed building for consumption within a building or off the premises,
including restaurants, lunch counters, ice cream and pizza parlors,
delicatessens, luncheonettes, coffee bars and cafes, but excluding
drive-in or drive-through restaurants.
[Amended 5-18-2021 by Ord. No. O-21-03]
A multipurpose children's activity space devoted to learning, recreation and entertainment, which may include related retail sales and no more than three automatic amusement games, pursuant to § 78-26 et seq. of the Code of the Township of Montclair.
[Added 7-11-1995 by Ord.
No. 95-27]
The average lot depth of the four nearest lots, two on either
side of the lot in question, and within the same block and zoning
district.
[Added 4-3-2012 by Ord.
No. O-12-24; amended 3-12-2013 by Ord. No. O-13-09]
One or more persons living together as a single, nonprofit
housekeeping unit whose relationship is of a permanent and domestic
character, together with no more than two boarders or roomers who
are tenants of the family occupant and whose rent shall be paid to
the family occupant. Accommodations for boarders or roomers shall
not include cooking or kitchen facilities. The existence of a fraternity,
sorority, club, religious order or similar relationship shall not
alone be sufficient to qualify as a family hereunder. Also permitted
are children placed with a family in a dwelling by the Division of
Youth and Family Services in the Department of Institutions and Agencies
or duly incorporated child-care agency or children placed pursuant
to law in single-family dwellings.
[Amended 7-15-1980 by Ord. No. 80-31; 3-4-2014 by Ord. No. O-14-007]
An enclosed building or structure with facilities for conducting
recreational activities such as aerobic exercises, running and jogging,
and which may contain exercise equipment, sports courts and swimming
facilities. This use also includes establishments for group fitness
instruction such as yoga, Pilates, karate and dance studios, as well
as boxing gyms. This use may include accessory saunas, showers, massage
rooms and lockers, snack bars providing nonalcoholic drinks and prepackaged
snacks not prepared on the premises, and sports equipment and clothing
shops.
[Added 5-18-2021 by Ord.
No. O-21-03]
A lot which consists of a narrow staff leading from a street
to an interior lot with no other frontage, whose width may or may
not meet minimum lot width requirements. Minimum yard requirements
are determined without including the staff portion of the lot.[6]
[Added 11-26-2002 by Ord.
No. 02-52]
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and rituals connected
therewith before burial or cremation.
[Added 5-18-2021 by Ord.
No. O-21-03]
A building consisting of three or more dwelling units not
over 2 1/2 stories in height, each having direct access to the outside
with or without use of a common hall or passageway, and so laid out
that dwelling units are not susceptible to sale on individual lots.
A retail establishment providing plants, trees, flowers and
other landscaping and gardening materials primarily to the public.
[Added 7-11-1995 by Ord.
No. 95-28]
A room or group of rooms used for conducting the offices
of business, service or industry.
[Added 7-11-1995 by Ord.
No. 95-28]
The sum of the areas of all enclosed floors of a building,
including habitable space in basements, mezzanines, habitable penthouses,
corridors and lobbies, from the exterior face of exterior walls, or
from the center line of a common wall separating two buildings or
two uses, but excluding any area with a floor-to-ceiling height of
less than six feet.
[Amended 5-18-2021 by Ord. No. O-21-03]
A nonprofit or for-profit home for the sheltered care of
persons with special needs, which, in addition to providing food and
shelter, may also provide some combination of personal care, social
or counseling services, and transportation. Group homes and community
residences for the developmentally disabled, as regulated in N.J.S.A.
40:55D-66.1, are permitted uses in all residential zone districts
and are excluded from this definition.
[Added 3-4-2014 by Ord.
No. O-14-007]
A retail establishment providing building materials, tools
and supplies primarily to the public.
[Added 7-11-1995 by Ord.
No. 95-28; amended 5-18-2021 by Ord. No. O-21-03]
A retail business that sells any type of syringe, needle,
eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia
or appliances designed for or ordinarily used in smoking, testing,
weighing, measuring, injecting, cooking or sniffing marijuana, cocaine,
opium, hashish or other controlled dangerous substances as defined
by N.J.S.A. 24:21-1 et seq.
[Added 12-8-2015 by Ord.
No. O-15-037]
The vertical distance from the natural grade at the base
of the fence, wall or retaining wall to the highest point of the fence,
wall or retaining wall.[7]
[Added 7-25-2006 by Ord.
No. 06-43; amended 5-18-2021 by Ord. No. O-21-03]
The vertical distance from the mean natural grade surrounding
the building to the highest point of a flat roof or the highest point
of a sloped roof. The mean grade shall be calculated using the existing
natural grade at ten-foot intervals surrounding the building foundation
walls. If soil or rock removal lowers the ground elevation around
the perimeter of the foundation walls, building height shall be based
on the lowered elevation. If the placement of soil or other materials
raises the ground elevation around the perimeter of the foundation
walls, building height shall be based on the elevation as it existed
prior to the placement of soil or other material.
[Amended 9-22-1987 by Ord. No. 87-54; 7-12-2005 by Ord. No. 05-34; 4-25-2006 by Ord. No. 06-17; 1-23-2007 by Ord. No. 07-02]
An area used by helicopters or by other steep-gradient aircraft,
which area includes passenger and cargo facilities, maintenance and
overhaul, fueling service, storage space, tie-down space, hangars
and other accessory buildings and open space.
[Added 5-18-2021 by Ord.
No. O-21-03]
An area on a roof or on the ground used by helicopters or
steep-gradient aircraft for the purpose of picking up or discharging
passengers or cargo, but not including fuel service, maintenance or
overhaul.
[Added 5-18-2021 by Ord.
No. O-21-03]
A building that is designed and particularly adapted for
the primary use of conducting formal religious services on a regular
basis.
[Added 5-18-2021 by Ord.
No. O-21-03]
That part of a lot that is covered by impervious surfaces.
[Added 5-18-2021 by Ord.
No. O-21-03]
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water,
including buildings, structures, sidewalks, pavement and other land
improvements which prevent or are likely to prevent normal absorption
of stormwater directly into the ground.
[Added 4-19-1988 by Ord.
No. 88-16; amended 5-18-2021 by Ord. No. O-21-03]
An open, unoccupied space substantially enclosed on all sides
by the walls of any building or buildings erected on the same lot.
Any lot other than a corner lot.
Any room or part thereof containing apparatus used for the
cooking or preparation of food, including a stove, microwave, hot
plate, frying pan or other appliance and/or sink with cabinets used
in conjunction therewith.
[Added 6-9-1998 by Ord.
No. 98-24]
The least of the horizontal dimensions of such court or yard.
A parcel of land in common ownership and occupied or intended
to be occupied by one principal building or group of principal buildings
and their accessories, including the required open spaces.
The distance from the center point of a street line of a
lot to the center of the opposite line to the rear.
[Amended 3-12-2013 by Ord. No. O-13-09]
The length of the front lot line measured at the street right-of-way
line.
[Added 5-18-2021 by Ord.
No. O-21-03]
Any boundary line of a lot that divides one lot from another
lot or right-of-way.
[Amended 5-18-2021 by Ord. No. O-21-03]
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
[Added 5-18-2021 by Ord.
No. O-21-03]
An establishment engaged in the transformation of substances
into new products, including assembling of component parts, the manufacture
of products and the blending of materials.
[Added 7-11-1995 by Ord.
No. 95-28]
An organization issued a permit pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 8-10-2021 by Ord.
No. O-21-18]
The office of medical practitioners, including but not limited
to medical doctors, dentists, veterinarians, chiropractors, podiatrists,
psychologists and licensed therapists.
[Added 7-11-1995 by Ord.
No. 95-28]
A building that contains both residential and nonresidential
uses.
[Added 7-26-2022 by Ord. No. O-22-17]
Any land, building or part of a building used for repairing
motor vehicles, such as engine overhaul, body repairs, replacement
of parts, painting of motor vehicles or any part thereof and other
repairs of a major character. Any such land, building or part thereof
where vehicles are also supplied with gasoline or other motor fuels
shall be classified as also a motor vehicle service station.
Any building, land area or other premises or portion thereof
used primarily or intended to be used for the retail dispensing or
sales of vehicular fuels or charging of electric vehicles and including,
as an accessory use, minor repairs and the sale of and installation
of lubricants, tires, batteries and similar accessories.
[Amended 5-18-2021 by Ord. No. O-21-03]
Facilities for the production of motion pictures and films,
including stages, film laboratories, sound recording facilities construction,
repair and storage facilities, and accessory fabrication activities.
[Added 6-21-2016 by Ord.
No. O-16-018]
A building containing three or more apartments, except that
a multifamily dwelling shall not be deemed to include a hospital,
convent, monastery, asylum or public institution.
An organized and permanent nonprofit institution, essentially
educational or aesthetic in purpose, with professional staff, which
owns and utilizes tangible objects, cares for them and exhibits them
to the public on some regular schedule.
[Added 9-1-1981 by Ord.
No. 81-45]
One that does not conform to the regulations of the zone
in which it is situated.
A nonprofit, religious or public use.
[Added 6-18-2013 by Ord.
No. O-13-22]
A privately operated establishment, whether operated for
profit or not, which maintains and operates facilities for the treatment,
care or nursing of two or more nonrelated individuals suffering from
illness, injury, infirmity or deformity or which provides convalescent
or other medical or nursing care. Nothing contained herein shall be
construed to imply or permit the practice of general hospital functions,
such as surgical operations, the establishment of a home or hospital
for persons suffering from mental illness, mental retardation or mental
deficiency or the rendering of services beyond nursing care.
As applied to any building, except for carriage houses, shall
be construed as though followed by the words "or intended, arranged
or designed to be occupied or used" or "structurally altered or enlarged
with the intention or design of using."
[Amended 7-15-1980 by Ord. No. 80-31]
Surfaced areas, not including driveways, designed for the
parking of motor vehicles.
A court of which at least one end or side is not enclosed
by the walls of any building or buildings erected on the same lot.
A deck, building or structure or part thereof used or intended
to be used for the parking and storage of vehicles.
[Added 7-11-1995 by Ord.
No. 95-28]
The conversion of a small number of on-street parking spaces
or other small sites in the public right-of-way into "public park"
space, with such improvements as seating, tables and landscaping.
[Added 6-21-2016 by Ord.
No. O-16-018]
A business establishment in which money is lent at interest
on pledged personal property.[8]
[Added 7-11-1995 by Ord.
No. 95-28]
A structure on the roof of any part of a building. Skylights,
gooseneck exhaust ducts serving kitchen and toilet ventilating systems,
roof-mounted antennas, solar panels and plumbing vent stacks shall
not be considered as penthouses.
[Added 5-18-2021 by Ord.
No. O-21-03]
Space within a penthouse other than penthouse mechanical
space. The term "penthouse habitable space" shall include, but not
be limited to, communal recreation space and associated facilities
such as storage, kitchen space, change rooms and lavatories.
[Added 5-18-2021 by Ord.
No. O-21-03]
Space within a penthouse devoted to mechanical equipment
for the building, elevator overrides or stair towers.
[Added 5-18-2021 by Ord.
No. O-21-03]
The maximum width of a structure as measured to the width
of the lot at the building line. For building additions which widen
the existing principal structure, the maximum permitted width shall
apply to the width of the expanded structure, including the addition.
[Added 5-18-2021 by Ord.
No. O-21-03]
One which shall have no less slope than four vertical to
12 horizontal.
Land with its appurtenances, whether accessory to the principal
building or not.[9]
The office of a recognized professional, including but not
limited to an accountant, attorney at law, architect, engineer and
realtor.
[Added 7-11-1995 by Ord.
No. 95-28; amended 11-26-2002 by Ord. No. 02-52]
A yard situated between the principal building or buildings
nearest the rear line of the lot and extending for the full width
of the lot.
A facility for sound recording and mixing and/or rehearsal
space.
[Added 6-21-2016 by Ord.
No. O-16-018]
An establishment engaged in the investigation of the natural,
physical or social sciences or engineering and development as an extension
of such activities, with the objective of creating end products.
[Added 7-11-1995 by Ord.
No. 95-28]
An establishment where food and drinks are prepared, served
and consumed within an enclosed building, and wherein food is served
only to be consumed by customers seated at tables on the premises.
[Added 12-20-1983 by Ord.
No. 83-52; amended 7-11-1995 by Ord. No. 95-28]
An establishment where food is served for immediate consumption
outside the confines of a building and where all or part of consumption
occurs outside the confines of the building.
[Added 7-11-1995 by Ord.
No. 95-28]
An establishment where food or drink is served for immediate
consumption outside the confines of a building to a customer in an
automobile for consumption off the premises.
[Added 7-11-1995 by Ord.
No. 95-28]
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within a building
or off the premises.
[Added 12-20-1983 by Ord.
No. 83-52; amended 7-11-1995 by Ord. No. 95-28]
Any fixed facility in which food or drink is sold primarily
for off-premises preparation and consumption.
[Added 6-21-2016 by Ord.
No. O-16-018]
Establishments engaged in the selling or rental of goods
or merchandise (usually to the general public for personal use or
household consumption, although they may also serve business and institutional
clients) and in rendering services incidental to the sale of such
goods.
[Added 6-21-2016 by Ord.
No. O-16-018]
Establishments providing services, as opposed to products,
to the general public for personal or household use, including barbershops,
beauty parlors, nail salons, dry-cleaning establishments, laundries,
copy or printing establishments, tailors, household and electronic
repair establishments and travel agencies.
[Added 6-21-2016 by Ord.
No. O-16-018]
A retail establishment of up to 5,000 square feet selling
primarily food products, beverages, newspapers and magazines, candy,
cigarettes, household items and a limited supply of freshly prepared
foods, such as sandwiches and salads for off-premises consumption.
[Added 6-21-2016 by Ord.
No. O-16-018]
A building in which lodgers rent one or more rooms without
cooking or kitchen facilities for one or more nights, and sometimes
for extended periods of time.
[Amended 7-15-1980 by Ord. No. 80-31; 5-18-2021 by Ord. No. O-21-03]
Housing designed for, and occupied by, at least one person
55 years of age or older per dwelling unit, and which has significant
facilities and services specifically designed to meet the physical
or social needs of older persons.[10]
[Added 1-8-1985 by Ord.
No. 84-50; amended 5-18-2021 by Ord. No. O-21-03]
A setback of an upper story or stories as measured from the
building line of the lower stories.
[Added 7-26-2022 by Ord. No. O-22-16]
That part of any building comprised between any floor and
the floor or roof next above and including basements if at least 50%
of the basement height is at least six feet above the mean adjoining
grade. Where parking is contained either within or underneath a building,
each parking level above grade shall be considered to be a story.
[Amended 4-25-2006 by Ord. No. 06-17; 7-21-2015 by Ord. No. O-15-016; 5-18-2021 by Ord. No. O-21-03]
A space under a sloping roof that has the line of intersection
of the roof surface and the wall face not more than three feet above
the floor level and in which space the possible floor area with headroom
of five feet or less occupies at least 40% of the total floor area
of the story directly beneath.
[Added 5-18-2021 by Ord.
No. O-21-03]
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or a street or way shown upon a plat heretofore approved
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.);
or a street or way on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
an accessway shown on the current Municipal Tax Maps. "Street" includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines.
[Added 12-17-1985 by Ord.
No. 85-44; amended 5-18-2021 by Ord. No. O-21-03]
The dividing line between the street and the lot.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including central air-conditioning units,
stationary and portable carports, but excluding paved parking areas,
driveways and walkways.
[Amended 7-12-2005 by Ord. No. 05-34]
An area that has a paved surface of bituminous or portland
cement composition.
The use of any building, land area or other premises for
the parking, storage or standing of automobiles or other vehicles
that carry passengers for a fare.[11]
[Added 7-11-1995 by Ord.
No. 95-28]
A lot that fronts upon two parallel streets or fronts upon
two streets that do not intersect at the boundaries of the lot. A
through lot has two front yards at each street line. The remaining
yards are side yards. There is no rear yard.
[Added 11-26-2002 by Ord.
No. 02-52]
The horizontal member of a frame wall to which rafters or
upper floor joists are fastened.
[Added 11-26-2002 by Ord.
No. 02-52]
A building containing three or more dwelling units, wherein
each unit has its own front and rear access to the outside, no unit
is located over another unit and each is separated from the other
by one or more common vertical walls.
[Added 7-11-1995 by Ord.
No. 95-28]
Any enclosure designed to be used for living, sleeping, hauling,
business or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses or skirting; or any enclosure designed
to be used for living, sleeping, hauling, business or storage purposes
which has or may be equipped with wheels or other devices for transporting
the enclosure from place to place.
An establishment that arranges, organizes or contracts travel
or touring for the public.
[Added 7-11-1995 by Ord.
No. 95-28]
Any area, lot, parcel, building or structure or part thereof
used for the storage of trucks or buses.
[Added 7-11-1995 by Ord.
No. 95-28]
Any self-service device offered for public use which dispenses
a product, makes a service available or provides entertainment or
amusement, except that for the purpose of this chapter the term "vending
machine" shall not be construed as including publicly owned parking
meters or changemakers.[12]
A secondary or higher educational facility primarily teaching
usable skills to prepare students in a trade or business.
[Added 7-11-1995 by Ord.
No. 95-28]
A building used primarily for the storage of goods and materials.
[Added 7-11-1995 by Ord.
No. 95-28]
Establishments engaged in the storage or selling of merchandise
for/to retailers, to industrial, commercial, institutional or professional
business users or to other wholesalers or acting as agents or brokers
and buying merchandise for or selling merchandise to such individuals
or companies.
[Added 7-11-1995 by Ord.
No. 95-28]
The least dimension between opposite walls, except that the
width of a triangular court shall be measured between the midpoints
of the opposing walls (width of a lot, or frontage, is specified separately
by zones).
An open, unoccupied space on the same lot with a building,
situated between the street or other lot line and the parts of the
main building, exclusive of cornices, chimneys, eaves and uncovered
porches, and handicapped ramps or lifts, setting back from and nearest
to such line.
[Amended 11-26-2002 by Ord. No. 02-52; 11-29-2005 by Ord. No. 05-60A]
A yard or yards situated between the principal building nearest
the street and the property line along the street, extending for the
full width of the lot. Corner lots shall have one front yard along
each street frontage. Through lots shall have two front yards along
each street frontage.
[Added 5-18-2021 by Ord.
No. O-21-03]
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line. For corner
lots, the rear yard shall be opposite the street frontage of least
dimension.
[Added 5-18-2021 by Ord.
No. O-21-03]
A yard situated between the principal building or buildings
on the side line of the lot and extending through from the front yard
to the rear yard.
[Added 5-18-2021 by Ord.
No. O-21-03]
[1]
Editor's Note: The former definition of "auto laundry," which
immediately followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
[2]
Editor's Note: The former definition of "automobile service
station," added 7-11-1995 by Ord.
No. 95-28, which immediately followed this definition,
was repealed 5-18-2021 by Ord.
No. O-21-03.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: The former definition of "building area," which
immediately followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
[5]
Editor's Note: The former definition of "church," which immediately
followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
[6]
Editor's Note: The former definition of "front yard," which
immediately followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
[7]
Editor's Note: The former definitions of "height of a wall
(for other than residential buildings)" and "height of a wall (for
residential buildings)," which immediately followed this definition,
were repealed 5-18-2021 by Ord.
No. O-21-03.
[8]
Editor's Note: The former definition of "personal service
establishment," as amended, which immediately followed this definition,
was repealed 5-18-2021 by Ord. No. O-21-03.
[9]
Editor's Note: The former definition of "principal building,"
which immediately followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
[10]
Editor's Note: The former definition of "side yard," which
immediately followed this definition, was repealed 5-18-2021 by Ord. No. O-21-03.
The Township of Montclair is hereby divided
into classes of districts or zones as follows:
A.
Residence and office buildings.
|
R-O Mountainside Zone
| |
|
R-O(a) One-Family Zone
| |
|
R-1 One-Family Zone
| |
|
R-2 Two-Family Zone
| |
|
R-3 Garden Group Zone
| |
|
OR-3 Garden Apartment and Office Building Zone
| |
|
R-4 Three-Story Apartment Zone
| |
|
OR-4 Three-Story Apartment and Office Building
Zone
|
B.
Commercial and limited residential.
[Amended 6-21-2016 by Ord. No. O-16-018]
|
C-1 Central Business Zone
| |
|
C-2 General Business and Light Manufacturing
Zone
| |
|
C-3 Central Business Zone
| |
|
N-C Neighborhood Commercial Zone
|
C.
Public uses.
|
P Public Zone
|
D.
[1]Local historic buildings, structures, objects, sites and
districts.
[Added 9-3-2002 by Ord. No. 02-38; amended 9-17-2002 by Ord. No.
02-44; 12-11-2012 by Ord. No. O-12-58; 6-21-2016 by Ord. No. O-16-018]
|
TCHD Town Center Historic District
| |
|
Pine Street Historic District
| |
|
Upper Montclair Historic Business District
| |
|
Wachtung Plaza Historic District
| |
|
IHL Individual Historic Landmark Overlay Zone (as listed in § 347-150.1 of the Montclair Code)
|
[1]
Editor's Note: Former Subsection D, Urban renewal area, was
repealed 6-21-2016 by Ord. No. O-16-018. This ordinance also redesignated
former Subsection E as Subsection D.
A.
The boundaries of each of these zones as created by
this chapter are shown on the Zoning Map, Township of Montclair, as
prepared by the Montclair Township Department of Planning and Community
Development and amended through June 2022, which is hereby adopted
and made a part of this chapter.[1]
[Amended 6-21-2016 by Ord. No. O-16-018; 1-24-2017 by Ord. No. O-16-054; 7-26-2022 by Ord. No. O-22-16]
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume. Amendments to the Zoning Map
are on file in the office of the Municipal Clerk.
B.
Zone boundary lines are intended generally to follow
municipal boundary lines, street center lines or lot lines as they
are shown on the Zoning Map, prepared by the Montclair Township Department
of Planning and Community Development, dated July 2015, as revised
thereafter to reflect subsequent ordinance amendments changing the
boundaries, numbers and/or name of the zone districts. In cases of
uncertainty or disagreement as to the exact location of any zoning
boundary line, the determination thereof shall be by the Zoning Board
of Adjustment.
[Amended 9-5-1989 by Ord. No. 89-30; 8-25-2015 by Ord. No. O-15-020]
Where a street is vacated and it is abutted
on both sides by the same zone district, the land shall be deemed
to be in that zone. Where different zone districts abut the street
being vacated, the Building Zone Map shall be amended to designate
an appropriate zone for the land before any private use is established.
[Added 11-13-2017 by Ord.
No. O-17-036]
A.
No land or premises shall be used, and no building or structure shall
be erected, raised, moved, extended, enlarged, altered or used, for
any purpose other than a purpose permitted therein for the zone district
in which it is located, and all construction shall be in conformity
with the regulations provided for the zone district in which such
building or premises is located.
B.
No building or structure or part thereof shall be erected, constructed,
reconstructed, structurally altered or moved until there has been
filed with the Construction Official an application in duplicate for
a construction permit as follows:
(1)
All applications shall be filed by the owner or his agent and
shall state the intended use of the structure and the land.
(2)
The application shall be accompanied by detailed plans and specifications,
in duplicate, drawn to scale, and a plot plan, drawn to scale, the
latter showing the actual dimensions in figures, all open spaces,
the established building lines within the block and such other information
as may be necessary or desirable to provide for the proper enforcement
of this chapter.
(3)
All plans, specifications and plot plans shall be signed by
a duly licensed architect of the State of New Jersey or a duly licensed
professional engineer of the State of New Jersey or the owner, if
such owner has prepared the plans, specifications and plot plan, in
which case such owner shall also file an affidavit to that effect.
(4)
No construction permit shall be issued for the erection, construction,
reconstruction, structural alteration or moving of any building or
structure or part thereof unless the plans and intended use indicate
that such building or structure is designed and intended to conform
in all respects to the provisions of this chapter.
(5)
No construction permit, including a demolition permit, shall
be issued by the Construction Official unless and until a zoning permit
has first been issued by the Zoning Officer.
[Added 11-13-2017 by Ord.
No. O-17-036]
A zoning permit issued by the Zoning Officer is required before
occupying any nonresidential building or nonresidential tenant space
and shall be required before any building permit can be issued. A
zoning permit application form shall be prepared by and made available
from the Zoning Officer. The Zoning Officer shall grant or deny a
zoning permit within 10 business days from the receipt of a complete
zoning permit application. If the Zoning Officer fails to act within
this time period, the failure shall be deemed to be an approval of
the application for a zoning permit.
A.
Except for applications for minor repairs, as defined by the Uniform
Construction Code, no construction permit or certificate of occupancy
shall be issued unless a zoning permit has been obtained from the
Zoning Officer.
B.
Required inspection. Inspection of the subject premises prior to
issuance of a zoning permit shall be at the discretion of the Zoning
Officer.
C.
Zoning permit exceptions. Pursuant to the above, all applicants for
building permits shall apply for a zoning permit. Notwithstanding
the foregoing to the contrary, the following items shall not be subject
to a zoning permit:
(1)
Replacement roofing.
(2)
Replacement siding.
(3)
Replacement windows and doors, where there is no change in glazing
area or opening size.
(4)
Replacing chimneys and chimney liners, where a new chimney is
the same size and material as the original.
(5)
Interior oil tank replacement.
(6)
Furnace/boiler replacement.
(7)
Garage door replacement, same size.
(8)
Replacement bathroom fixtures.
(9)
Replacement floors/ceilings.
(10)
Replacement kitchen cabinets/fixtures/appliances.
(11)
Installation of radon mitigation systems (interior systems only).
(12)
Installation of commercial carpet for nonresidential uses.
(13)
Minor work or ordinary maintenance as defined by the Uniform
Construction Code, N.J.A.C. 5:23-1 et seq.
(14)
Interior electrical work.
[Added 11-13-2017 by Ord.
No. O-17-036]
A.
In the enforcement of Chapter 347, the Zoning Officer may apply to the Municipal Court Judge of the Township for a warrant to search and inspect the properties and premises upon which he has reason to believe any violation of these articles has taken or is taking place, and upon probable cause shown, the Municipal Court Judge may issue such a warrant, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
B.
Institution of actions; abatement notice. In case any building or
structure is erected, constructed, altered, repaired, converted or
maintained or any building, structure or land is used in violation
of this chapter, the proper local authorities as contained herein
or an interested party may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises. Each and every day such violation continues
after the expiration of an abatement notice or after initial construction
as the case may be shall be deemed a separate and distinct violation.
[Added 11-13-2017 by Ord.
No. O-17-036]
The general agent, architect, builder, contractor or any other
person, partnership or corporation who commits, takes part in or assists
in any violation of this chapter or who maintains any building, structure
or premises in which any violation of this chapter shall exist shall,
for each and every violation and for each and every day that such
violation continues, be subject to a fine of not more than $1,000
or imprisonment for not more than 90 days, or to both such fine and
imprisonment.
