Township of Montclair, NJ Article II General Use Regulations and Conditional Uses

§ 347-7 Uses to conform to zone regulations.

[Added 7-29-1980 by Ord. No. 80-44]

No building shall be erected or altered and no land shall be used for any purpose other than a purpose permitted in the zone in which such building or land is located. No building or part of a building shall be erected or altered, except in conformity with the regulations herein prescribed for the zone in which such building is located.

§ 347-7.1 Temporary uses and structures.

[Added 10-4-2011 by Ord. No. O-11-51]

A. Christmas trees. The Zoning Officer may issue a zoning permit to any business or nonprofit organization for the sale of Christmas trees and/or wreaths under the following conditions:

(1) The location of such sale shall occur in a commercial zone and shall be limited to six weeks, including any time necessary to set up the sales area.

(2) The business or nonprofit organization shall provide the Zoning Officer with a sketch indicating the location on the property where the sale is to be conducted and must show any other ancillary outdoor activity on the property that will be held in conjunction with the sale.

(3) In the event electricity or some other power source is needed in conjunction with the sale, the Zoning Officer shall be informed of this fact, and the nonprofit organization must apply to the Construction Code Official for an appropriate permit prior to the installation of an electrical supply or other power source.

(4) The Zoning Officer is empowered to impose any reasonable conditions on the issuance of the permit that are consistent with protecting the public health, safety and welfare, including but not limited to restricting the location, duration of the sale, ingress and egress to the premises, traffic patterns and flow on the property.

B. Vestibules and storm enclosures. The Zoning Officer may issue a zoning permit for the temporary installation of vestibules and storm enclosures within the public right-of-way under the following conditions:

[Amended 1-19-2016 by Ord. No. O-15-043]

(1) Vestibules and storm enclosures shall not be erected for a period of time exceeding six months in any one year.

(2) Vestibules and storm enclosures shall not encroach more than three feet nor more than 1/4 the width of the sidewalk beyond the street lot line to maintain a four-foot pedestrian passageway unobstructed by trees, light poles, trash receptacles, parking meter posts, planters and similar structures.

(3) Temporary entrance awnings shall be erected with a minimum clearance of seven feet to the lowest portion of the hood or awning where supported on removable steel or other approved noncombustible support.

(4) Vestibules and storm enclosures are only permitted to cover the public entrance doors for eating and drinking establishments.

(5) Applicants are solely responsible to design doors and vestibules that comply with American with Disabilities Act and Uniform Construction Code regulations.

(6) No permit shall be issued unless the applicant has posted in advance a certificate of insurance listing the Township as an additional insured.

§ 347-8 Accessory dwelling units.

[Amended 7-29-1980 by Ord. No. 80-44; 2-21-2023 by Ord. No. O-22-27]

A. Purpose and intent. The Montclair Township Council finds and declares that the purpose of this section is to:

(1) Provide citizens with the opportunity to retain their homes, age in place, and create adaptive living environments for people living with disabilities.

(2) Increase the supply of attainable housing within developed properties while putting minimal pressure on Township services such as schools and infrastructure.

(3) Integrate these housing units, subject to the terms described herein, within existing neighborhoods, respecting the character of the neighborhood.

(4) Provide flexible housing options for residents, in keeping with the goals of the Master Plan, that respond to changing family needs, smaller households, and increasing housing costs.

(5) Codify the requirements and process to ensure that existing accessory dwelling units are legal and meet the Township's safety codes.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY DWELLING UNIT (ADU)

A residential living unit on the same parcel as a one- or two-family dwelling with complete independent living facilities, including a kitchen and bathroom, for one or more persons. It may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled dwelling.

LIVING AREA

The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

PRIMARY DWELLING UNIT

The original living unit in a one-family home and the larger living unit in a two-family home. The permissible size of an ADU will be based on the size of the primary dwelling unit.

ZONING OFFICER

The local official who is responsible for processing and approving or denying applications to develop ADUs.

C. Where permitted. ADUs shall be a permitted accessory use on lots containing one- and two-family dwellings in the R-O, R-O(a), R-1 and R-2 Zone Districts.

D. Standards. One ADU shall be permitted on a lot located in the R-O, R-O(a) R-1 and R-2 Zones in the Township. The Zoning Officer must find that the following conditions have been met:

(1) Either the ADU or the primary dwelling unit shall be the primary domicile of the person(s) who or entity that own(s) the property. In the case of a two-family home, the primary domicile of the owner must be one of the dwelling units or the ADU.

(2) (Reserved)

(3) In no case shall the ADU's living area be more than 40% of that of the primary dwelling unit, up to a maximum of 800 square feet, nor less than 300 square feet, and no more than three rooms, excluding the kitchen and bathroom.

(4) Detached ADUs shall comply with the requirements for accessory structures in the applicable zone district and the requirements of Montclair Code § 347-22.

(5) All ADUs shall comply with existing Township ordinances, zoning ordinances, and the New Jersey Uniform Construction Code (UCC).

(6) There shall be no more than one ADU per lot.

(7) The ADU shall be used only for residential purposes for one family. ("Family" is defined in § 347-2, Definition of terms.)

(8) For adaptive reuse projects, ADUs that are fully handicapped accessible under New Jersey's Barrier Free Subcode[1] shall be granted an increase of 5% of the total maximum floor area allowed for the ADU.

[1] Editor's Note: See N.J.A.C. 5:23-7.

(9) For new construction, adherence to the New Jersey Barrier Free Subcode is required.

(10) An ADU that is attached to the principal one- or two-family dwelling shall utilize complementary exterior materials and colors as the principal single-family dwelling. The ADU shall harmonize with the architectural and landscaping character of its neighborhood.

(11) With respect to new construction, the external entrance to the ADU shall not face the same street as the external entrance to the principal dwelling unit if such external entrance to the ADU is visible from the street.

(12) A minimum rental term of six months is required for tenants.

(13) At least one off-street parking space shall be provided for an ADU.

(14) No window in an ADU that faces another residential property may be located within six feet of a property line.

E. Procedures.

(1) A new ADU may not be created nor can an existing ADU be legalized until the Zoning Officer determines that it meets the following requirements for designation:

(a) An application for a zoning permit on a form prescribed by the Montclair Township Department of Planning and Community Development is submitted with pertinent data, such as the names and addresses of the owners and an identification, by street number and lot and block designation, of the residence involved.

(b) For detached ADUs and ADUs that involve construction of an addition, the application shall be accompanied by a recent survey of the property, prepared by a licensed engineer or land surveyor, depicting the boundaries of the lot and all existing structures and improvements on the property. Older surveys are acceptable for attached ADUs.

(c) The application shall also be accompanied by a proposed floor plan which shall be drawn by a licensed architect or engineer, if reasonably required by the Construction Official, depicting all proposed interior and exterior changes to the residence and ADU, including the relation of the ADU to the primary dwelling unit, the location of any proposed additional exterior doors, and any proposed modifications to the existing sanitary disposal system or water lines. All proposed changes and/or additions must comply with the Uniform Construction Code (UCC).

(d) Within 10 business days after the application for an ADU is deemed complete, the Zoning Officer shall schedule a meeting with the applicant. Within 10 business days from the meeting with the applicant, the Zoning Officer shall render a final decision and notify the applicant by regular mail and email whether the proposed ADU may be deemed permitted.

(2) All ADUs must file a deed notice with Essex County clearly indicating the presence of the ADU and the limitations of its use. A certificate of occupancy cannot be issued until the deed notice is filed.

(3) If the Zoning Officer approves the proposed ADU, the applicant must commence construction within two years of the Zoning Officer's determination or the Zoning Officer may revoke the permit. An applicant unable to commence construction of an ADU within two years of the Zoning Officer's determination may appeal to the Zoning Officer for an extension of time for one year for good cause shown.

(4) If the Zoning Officer denies the proposed ADU, the applicant may appeal the decision of the Zoning Officer to the Township Zoning Board of Adjustment within 45 days of the receipt of the denial from the Zoning Officer. Thereafter, the appeal shall be deemed untimely.

(5) Construction of the ADU.

(a) The applicant constructing an approved ADU must comply with all existing procedures established by the Building Office and the Department of Planning and Community Development regarding applications, permits, fees, and inspections, except that the applicant must schedule a final inspection with the Construction Official and the Fire Official within 20 days of when construction of the ADU is complete. A copy of the lease must be provided if the ADU is being rented.

(b) The Construction Official and Fire Official shall conduct a physical inspection of the primary dwelling unit and the ADU to determine whether the construction complies with the terms on which the approval was given. If the Construction Official and Fire Official determine that the construction complies with Township ordinances and the Uniform Construction Code, (s)he shall issue a certificate of occupancy for the ADU upon the payment of a fee based on the current fee schedule for such issuance. If the construction does not comply with the terms of the approval, within 48 hours the applicant shall be sent written notification describing the noncompliance. The applicant may cure the noncompliant items and submit proof of compliance to the Construction Official and the Fire Official for reconsideration.

(6) Owner's annual affidavit of continued compliance.

(a) On or before January 1 of every year, starting with the first January following the issuance of the initial certificate of occupancy for an ADU, the owner to whom the certificate of occupancy was issued shall file an affidavit in the form prescribed by the Montclair Township Department of Planning and Community Development stating that there has been no change in the conditions upon which the ADU was originally approved.

(b) If the owner fails to file the affidavit as herein required, the certificate of occupancy issued for the ADU shall automatically be revoked within 30 days, and the Construction Official shall so notify the owner and the tenant, if any, in writing, of the revocation.

(c) Any continued occupancy of the ADU following notice of revocation of the certificate of occupancy shall subject the owner to a fine of $250 for the first 30 days in which the ADU continues to be occupied. Thereafter, the fine shall be up to $100 per day for each day that the ADU continues to be occupied, subject to a maximum of $3,000 for each subsequent thirty-day period following the first month.

(d) The certificate of occupancy for the ADU may be reinstated once the required affidavit is filed and approved by the Department of Planning and Community Development.

(7) Transfer of the property lot.

(a) If the owner of the property in which an ADU is permitted transfers title to the property, the new owner shall apply, as herein, for a certificate of continued use of the ADU upon the terms and conditions contained herein. Such new application shall be filed within 60 days of the transfer of the property.

(b) Upon the Construction Official determining that there have been no changes in condition, the Construction Official shall issue a new certificate of continued use for the ADU upon the payment of a fee based on the current fee schedule for such issuance.

(c) An ADU may not be sold independent of the primary residence.

(d) When listing the property for sale with an approved ADU, the owner of the property shall disclose to all prospective buyers that the property contains an approved ADU. The Township shall confirm same on the certificate of continued use.

(8) Inspections. Before the certificate of occupancy for the ADU is granted, the Construction Official and Fire Official shall have the right to conduct inspections to determine compliance with the provisions of this section.

§ 347-8.1 (Reserved)

§ 347-8.2 Group homes.

[Added 3-4-2014 by Ord. No. O-14-007]

Group homes, as defined in § 347-2, are prohibited in all single-family residential zone districts.

§ 347-9 Use of carriage houses.

[Amended 6-24-1980 by Ord. No. 80-41; 6-9-1981 by Ord. No. 81-31]

The occupancy and continued use of carriage houses in all residential zones as one-family dwellings prior to January 23, 1978, shall be permitted to be continued. The establishment or reestablishment of carriage houses as single-family residences shall be permitted in any residential zone as a conditional use subject to the following:

A. The carriage house is on the same property as the original principal dwelling.

B. The property has a minimum area of 20,000 square feet and a minimum width of 150 feet.

C. Residential use of the carriage house shall not be permitted on the first floor.

D. The minimum habitable floor area for conversions shall be 500 square feet.

E. The gross floor area of the carriage house shall not be expanded, except that dormers may be added to provide additional light, ventilation and access.

F. At least four on-site parking spaces, two of which shall be enclosed, shall be available for use by occupants of the carriage house and principal dwelling.

§ 347-10 Trailers in residential zones.

A. An automobile trailer or boat designed to be used for human habitation may be stored or parked on a permanent basis in any residence or residence and office zone, provided that such a trailer or boat is parked or stored inside a building and that in no case shall such trailer or boat be used for living quarters, storage or any other use. In the event of destruction of a residential building by fire or any other act of God, the restrictions of this section may be waived by the governing body of the Township for a period not to exceed four months.

B. An automobile trailer, such as utility or rental cargo trailer of the type and size normally towed by passenger cars, or a similar type of vehicle for which the gross weight and the load (as determined by the New Jersey State Motor Vehicle Division for establishing a license fee) is not in excess of 2,000 pounds, or a boat not exceeding 18 feet in length, with or without its accompanying trailer, is deemed to be an accessory use and may be kept in open storage on a lot in a residence or residence and office zone, subject to the following conditions:

(1) Such a vehicle or boat may only be stored in the rear yard of a lot.

(2) The owner of the vehicle or boat must either reside as a tenant on the property or be the owner-occupant of the property on which such vehicle or boat is stored.

(3) There must be a principal building on the lot on which any such vehicle or boat is stored.

(4) Only one such vehicle or boat shall be permitted to be stored in the open on any lot; provided, however, a boat on its trailer shall be considered as one unit.

(5) The trailer or boat shall not be connected to any utilities or be serviced (other than for maintenance purposes) with gas, water, electricity or sewerage (including septic tank), and under no circumstances shall either be used for living purposes, storage purposes or any other use.

§ 347-11 Use of church premises.

Use of church premises is subject to the following:

A. A church may maintain on its premises such activities affiliated with said church as are reasonably related to traditional church use, such as but not limited to worship services, religious education programs, church social activities and such similar organizations or functions, all of which are hereby expressly deemed to be accessory uses.

B. A church may also maintain on its premises the following nonaccessory uses, provided that notice in writing is sent to the Construction Code Official within 30 days prior to commencement of such use, and further provided that they do not otherwise violate use regulations:

(1) Schools for teaching of the arts, such as music, dancing, sculpture, painting or similar cultural form.

(2) Child day-care centers in compliance with applicable local and state regulations.

(3) Performing arts, including theater, music and dance.

(4) Such other similar civic or community-oriented activities which are conducted not-for-profit, provided that they comply with applicable local and state regulations.

§ 347-12 Private and public schools as conditional use.

[Amended 6-24-1980 by Ord. No. 80-41; 4-3-1990 by Ord. No. 90-18; 1-27-1998 by Ord. No. 98-1; 3-14-2006 by Ord. No. 05-73]

A. Private and public schools of elementary and high school grade not operated for profit, schools for children with special needs which are operated for profit and customary accessory uses are permitted in the R-O, R-O(a), R-1, R-2, R-3, OR-3, R-4, OR-4 and P Zones, as a conditional use, subject to the following conditions:

(1) The aggregate site area of the school, in addition to the area of the site covered by buildings, shall not be less than 250 square feet per student.

(2) The total area of building space used for classrooms, exclusive of auditorium, gymnasium or similar areas for assembly purposes, shall have an average of not less than 28 square feet per student.

(3) The property on which the school is located shall have a minimum lot size of 1.75 acres and a minimum street frontage of 300 feet.

(4) The lot shall have frontage on a street having a paved width of at least 35 feet.

(5) No building on the property shall exceed the height limitations of the zoning district.

(6) There shall be two separate driveways, each providing ingress and egress to the school, and the driveways shall be separated by at least 150 feet. No driveway shall open into a street or road within 200 feet of an intersection of such street or road with another street or road.

(7) All buildings shall have a minimum side yard setback of 50 feet, a minimum rear yard setback of 100 feet and a minimum front yard setback in compliance with the requirement of the zoning district.

(8) All outdoor play areas shall be set back a minimum of 50 feet from any street or property line.

(9) On-site parking shall be provided at the rate of one space for every full-time or full-time equivalent staff member or employee, and one space for every four students eligible to drive. Visitor parking shall be provided at the rate of two spaces per elementary and intermediate classroom.

(10) The maximum permitted impervious surface coverage shall be 70%.

(11) The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.

(12) Parking areas and driveways shall be set back at least 15 feet from property lines, with the intervening areas landscaped to provide an effective visual screen at the time of planting.

(13) A parking study shall be submitted pursuant to Subsection B below which shall conclude that the roadways and intersections leading to and from the site are capable of handling the expected traffic demands generated by the school. In assessing the capacity of such roadways and intersections to handle the expected traffic demands to be generated by the school, the traffic report shall apply "Level of Service C," as defined in the "Highway Capacity Manual" published by the Transportation Research Board, Washington, D.C.

B. Site plan approval shall be required for all schools subject to this chapter, which approval may be granted upon review of a completed site plan, including (unless waived by the Planning Board or Board of Adjustment) a traffic study prepared by a licensed professional engineer which assesses existing traffic conditions, projected traffic volumes and distribution patterns, a landscaping plan providing for adequate screening and buffers, a parking plan with designated loading and unloading areas, and an adequate on-site play area for students under the age of 10. If the Planning Board or Board of Adjustment recommends improvements in the public right-of-way, Township Council approval of the recommendations shall be required and the cost of such improvements shall be paid by the property owner on a pro rata basis in accordance with N.J.S.A. 40:55D-42 and applicable Township ordinances.

§ 347-13 Vending machines in residential zones. [1]

Vending machines may be installed in residential and residential-office zones only under one of the following conditions:

A. If located wholly within and accessible only from within a building for the sole use of residents and occupants of the building.

B. Upon explicit authorization by the Planning Board to provide a service but not to vend a product or an amusement, provided that the Planning Board shall find that the installation is desirable for the convenience of the community and that it meets all requirements for vending machines in C Zones.

C. Within any nonconforming commercial or industrial building, provided that they meet all requirements for vending machines in C Zones.

[1] Editor's Note: See Ch. 320, Tobacco Products, and Ch. 333, Vending Machines.

§ 347-14 Vending machines in commercial zones.

Vending machines may be installed in the N-C, C-1 and C-2 Zones under the following conditions:

A. Within a building, provided that all times when an attendant is not present said building shall be lighted from within in such manner that from the nearest street there is a clear and uninterrupted view of the entire interior portion thereof which is open and accessible to the public.

B. Other than within a building, only provided that the following requirements are met:

(1) All parts of the installation, including any booth or housing, shall be so located that no operation, maintenance or servicing will take place on or from any public street or municipal parking lot or plaza; provided, however, that the Township Engineer may waive this requirement in any case in which he or she finds that the location is such that no interference will be caused to either street or pedestrian traffic.

(2) No part of the installation is closer to the sidewalk or street than the average distance therefrom of buildings or structures on the same side of the street within 200 feet of such installation or construction, including buildings and structures on the property affected.

(3) The approach to the machine is paved and unobstructed and occupies the entire area from the front of the installation to any street, parking lot or other public place from which the installation has access. If the front of an installation does not face a street, parking lot or other public place, there shall be an unobstructed space not less than 25 feet in depth on the same lot between the front face of the installation and the nearest property line, building or structure which is opposite the face of the installation, which open space shall extend without interruption from the point of such installation most remote from the street, parking lot or other public place from which access is had to said installation to said street, parking lot or other public place.

(4) The height of the machine or booth in which it is installed is not in excess of 10 feet and there are end walls and a back wall extending the full height of the machine and a complete roof.

(5) The height of the machine is substantially the same as the height of every other vending machine in any group of machines of which the installation is or will be a part, and the front face of the machine forms a generally continuous surface with the fronts of any such other machines.

(6) Adequate lighting is mounted in the lower surface of any overhanging shelter and all lighting is so arranged that the source of illumination is not visible beyond 10 feet from the installation at a height greater than seven feet from the ground.

(7) Adequate lighting is provided between the installation and the street, parking lot or other public place from which public access is had to such installation.

C. Under any conditions acceptable in a residential zone, as specified in § 347-13.

§ 347-15 Motor vehicle rental at service stations.

[Amended 10-1-1991 by Ord. No. 91-44]

A. The Planning Board may grant a conditional use so as to permit the rental of automobiles, vans and trailers, hereinafter referred to as "rental units," on the premises of a motor vehicle service station if, after a public hearing pursuant to Chapter 202, Land Use Procedures, the Board finds that the following conditions are met:

(1) The area of the lot of the motor vehicle service station is no less than 10,000 square feet.

(2) The area proposed for outdoor parking and storage of rental units will not exceed 10% of the lot not covered by buildings and other structures or include any area restricted to another use.

(3) The parking area or areas for rental units will be located on the lot in a way that will not create dangerous impediments to traffic visibility or result in interference with normal traffic flow onto, within or from the lot.

(4) Rental units shall not be parked in any portion of the lot set aside for required off-street parking.

(5) Parking or storage space for rental units shall be on a hard-surface area marked by clearly visible boundaries, and rental units parked or stored outdoors shall be within such boundaries except when being serviced.

(6) The application, if granted, shall not have any substantial adverse effect upon the neighborhood.

B. For the purpose of this chapter, rental units shall be limited to:

(1) Utility trailers of the type and size normally towed by passenger cars, or similar type of vehicle for which the gross weight and the load (as determined by the New Jersey State Motor Vehicle Division for establishment of a license fee is not in excess of 2,000 pounds.

(2) Automotive passenger vehicles.

(3) Vehicles normally referred to as a "van" or "pickup," the rated maximum gross vehicle weight of which does not exceed 8,000 pounds.

§ 347-16 Soil removal.

No earth, rock, gravel or topsoil shall be removed from any lands in any zone without the permission of the Planning Board, except as hereinafter provided:

A. Earth, rock, gravel and topsoil may be moved by the owner or occupant of land, or adjoining land in common ownership, to another part of the same land owned or occupied by him or her.

B. The owner or developer of a subdivision or development, the map of which has been approved by the Planning Board, shall not be prohibited by this section from removing any earth, rock, gravel and topsoil from the right-of-way of a proposed street or road shown on such map in the construction or building of such street or road.

C. In the construction of any structure or building, the owner or builder thereof shall not be prohibited by this section from removing earth, rock, gravel and topsoil coming from the excavations made for such structure or building and which earth, rock, gravel and topsoil the Construction Official deems surplus materials and not necessary for such structure or building or the lands whereon erected.

§ 347-17 Heliports and helistops prohibited.

A. Nothing in this chapter shall permit the establishment or maintenance of a heliport or helistop as either a principal or an accessory use in any zone district within the Township of Montclair.

B. A heliport is 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. A helistop is 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.

§ 347-17.1 Telecommunications.

[Added 7-7-1998 by Ord. No. 98-27]

A. Purpose.

(1) Advances in wireless telecommunications technology have resulted in a new generation of telecommunication services. These new services transmit electromagnetic waves of such a frequency and power that will likely require additional antenna locations. These antennas may be located on buildings, water towers and other similar structures. This requires that the Township of Montclair regulate these wireless communication system facilities in a different manner than conventional television and radio transmission towers which are able to transmit their signals at much greater distances.

(2) The intent of this section is to comply with all applicable regulations of the Federal Telecommunications Act of 1996 and to provide regulation for the establishment and or expansion of wireless telecommunication services within the Township of Montclair while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. More specifically, this regulation has been developed in order to:

(a) Encourage the utilization of existing structures, such as tall buildings, bell towers and municipal structures, to mount and install wireless telecommunications antennae and equipment.

(b) Minimize the location of facilities in visually sensitive areas.

(c) Encourage creative design measures to camouflage facilities.

(d) Protect historic and residential areas from potential adverse impacts of communication equipment.

B. Definitions. As used in this section, the following terms shall have the meanings indicated.

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include but are not limited to whip antennas, panel antennas and dish antennas.

PUBLIC VIEW

Visible from a public thoroughfare, public lands or buildings, public pathways, trails or bicycle paths.

WIRELESS TELECOMMUNICATIONS ANTENNAS AND EQUIPMENT

Structures used for the delivery of low-power wireless radio communication through a network

WIRELESS TELECOMMUNICATION SERVICES

A licensed wireless telecommunication service, including but not limited to cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

WIRELESS TELECOMMUNICATION SITE

A facility operated by a licensed wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.

C. Location preferences.

(1) The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in Subsection C(1)(a) through (c) below, in order of preference:

(a) Municipal structures.

(b) Buildings in the C1, C2 and NC Zones.

(c) Bell towers, institutional facilities and structures which exceed 60 feet in all residential and office/residential zones.

(2) Exemptions. Equipment used for the following purposes is hereby specifically exempted from the requirements of this section. However, all other applicable sections do apply:

(a) Citizen band operation.

(b) Amateur operation.

(c) Public safety operations, including but not limited to communications for the federal, county, state or municipal government.

(3) Application process.

(a) Municipal structures. The installation and operation of wireless telecommunications antennas and equipment mounted on municipal structures shall only require administrative review from the Planning Department. Approval shall be given subject to the following conditions:

[1] The applicant shall provide a report prepared by a qualified and licensed professional engineer indicating the existing structure or building's structural integrity to accept the antenna and equipment and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise points of attachment shall be indicated.

[2] All wireless telecommunications equipment shall be painted or otherwise colored to minimize the equipment's visible impact.

[3] All accompanying equipment buildings or boxes shall be screened from view in the public right-of-way.

[4] All appropriate building permits are received.

[5] All appropriate lease and sublease agreements have been received and signed by the Township Manager or Mayor.

(4) C-1, C-2 and NC Zones. The installation and operation of wireless telecommunications antennas and equipment shall be a conditional use in the C-1, C-2 and NC Zones subject to the following conditions:

(a) Documentary evidence shall be presented regarding the need for a additional wireless telecommunications antennas in the Township of Montclair. This information shall identify the telecommunications network layout and coverage areas to demonstrate such need within the Township.

(b) All wireless telecommunications equipment shall be painted or otherwise colored to minimize the equipment's visible impact.

(c) The height of the antenna shall not exceed the top of the parapet wall, penthouse or chimney to which it is attached.

[Amended 11-26-2002 by Ord. No. 02-52]

(d) All accompanying equipment buildings or boxes shall be screened from the public view and shall not exceed the maximum height for a principal building in the zone.

[Amended 4-3-2012 by Ord. No. O-12-23]

(5) RO, R1, R2, R3, R4, OR3 and OR4 Zones. The installation and operation of wireless telecommunications antennas and equipment shall be a conditional use in the RO, R1, R2, R3, R4, OR3 and OR4 Zones, subject to the following conditions:

(a) The building or structure which the wireless telecommunications antenna and equipment is mounted on measures in height a minimum of 60 feet, such as a bell tower, apartment building or institutional facilities.

(b) Documentary evidence, from a licensed engineer, shall be presented regarding the need for a additional antennas in the Township of Montclair. This information shall identify the telecommunications network layout and coverage areas to demonstrate such need within the Township.

(c) All wireless telecommunications equipment shall be painted or otherwise colored or camouflaged to minimize the equipment's visible impact.

(d) The height of the antenna shall not exceed the top of the parapet wall, penthouse or chimney to which it is attached.

[Amended 11-26-2002 by Ord. No. 02-52]

(e) No changes shall be made to the height of such structure or significantly alter its appearance.

(f) No panel antenna shall exceed 72 inches in height and 24 inches in width.

(g) No dish antenna shall exceed three feet in diameter.

(h) All accompanying equipment buildings or boxes shall be screened from the public view and shall not exceed the maximum height for a principal building in the zone.

[Amended 4-3-2012 by Ord. No. O-12-23]

D. Inspection, abandonment and penalties.

(1) Every year after approval, the applicant shall provide a report prepared by a qualified and licensed professional engineer indicating the safety and structural integrity of the installed telecommunications equipment and structure which they are mounted on.

(2) Wireless telecommunication equipment not in use for 12 consecutive months shall be removed by the building owner. This removal shall occur within 90 days of the end of such twelve-month period. Upon removal the site shall be restored to its previous appearance and where appropriate revegetated to blend with the surrounding area.

(3) A copy of the relevant portions of a signed lease which requires the applicant to remove the wireless telecommunications antenna and equipment and associated facilities upon cessation of operations at the site shall be submitted at the time of the building permit application. A copy of relevant portions of any lease renewals shall be provided to the Township Planning Department thereafter.

(4) In the event that wireless telecommunications antennas and equipment are not removed within the abandonment time frame specified above, the wireless telecommunications antennas and equipment may be removed by the Township and the costs of removal assessed against the property in addition to other penalties proscribed by the chapter for violations of the provision of this article.

§ 347-17.2 Cannabis establishments.

[Added 8-10-2021 by Ord. No. O-21-18]

Cannabis establishments shall be permitted, pursuant to this chapter, only if the requirements of Montclair Code Chapter 110, Cannabis, and N.J.S.A. 40:48I-1 et seq., and any other applicable State of New Jersey statutes and regulations, are fully complied with.

A. No cannabis establishment shall be allowed as a home occupation as regulated in § 347-31E.

B. No cannabis establishment shall be housed in a vehicle or any movable or mobile structure.

C. Buffer zone. The primary entrance of a cannabis establishment may not be closer than 250 feet from the primary entrance of the nearest pre-existing public or private K-12 school or child-care center licensed by the State of New Jersey. The buffer zone distance shall be measured in a straight line from the geometric center of the primary entrance of the cannabis establishment to the geometric center of the primary entrance of the nearest pre-existing public or private K-12 school or child-care center licensed by the State of New Jersey, unless there is an impassable barrier within those 250 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly accessible pedestrian travel path.

D. Prohibited uses. Except as expressly permitted by this chapter and Chapter 110 of the Montclair Code, entitled Cannabis, as well as any other activity involved in the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, marijuana or cannabis products, are expressly prohibited as land uses or otherwise in the Township of Montclair.