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Montclair City Zoning Code

CHAPTER 11

18 - ZONES: R-1—SINGLE-FAMILY RESIDENTIAL

Sections:


11.18.010 - Single-Family Residential Zone.

The R-1 Single-Family Residential Zone is intended as a district of single-family homes with not more than one primary dwelling unit, a maximum of one second dwelling unit pursuant to Chapter 11.23 of this title, and detached accessory building(s) pursuant to Chapter 11.19 of this title, upon one lot. Except as specifically provided elsewhere in this title, any and every building and premises or land in the R-1 Zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, and moved into or within such R-1 Zone exclusively and only in accordance with the provisions set forth in this chapter.

(Ord. No. 10-916, § 2, 10-18-10)

Editor's note— Ord. No. 10-916, § 2, adopted October 18, 2010, repealed the former § 11.18.010, and enacted a new Section 11.18.010 as set out herein. The former § 11.18.010 pertained to similar subject matter and derived from Ord. No. 08-905, adopted January 5, 2009.

11.18.020 - Uses expressly prohibited.

The following uses shall be expressly prohibited in the R-1 Zone:

A.

All uses not specifically listed in Section 18.030 of this chapter.

B.

Motor homes, mobile homes, campers, and other similar recreational vehicles used as living space on a temporary or permanent basis.

(Ord. No. 08-905, § 2C, 1-5-09)

Editor's note— Ord. No. 08-905, § 2B, adopted January 5, 2009, repealed the former § 11.18.020, and enacted a new Section 11.18.020 as set out herein. The former § 11.18.010 pertained to similar subject matter and derived from prior code § 9-4.701.1; Ord. No. 99-791 and Ord. No. 06-871.

11.18.030 - Uses permitted.

The following uses shall be permitted in the R-1 Zone:

A.

One single-family dwelling of a permanent character placed in a permanent location subject to development requirements prescribed in Sections 11.18.030 through 11.18.050 and Section 11.80.010;

B.

Orchards, tree crops, field crops, truck gardening, berry and bush crops, flower gardening, nurseries, greenhouses or lath houses not exceeding 200 square feet in area on any lot, and other similar enterprises carried on in the general field of agriculture provided there are no retail sales from the premises;

C.

The keeping of animal pets for noncommercial purposes as follows:

1.

Not more than two weaned dogs,

2.

Not more than two weaned cats,

3.

Not more than four, or a combination of not more than four, domestic adult rabbits, guinea pigs, or chickens, and their immature offspring, provided such animals shall not be kept in violation of the provisions of Chapters 5.08 and 6.28 of this Code. Roosters and geese shall be expressly prohibited,

4.

Canaries, parrots and other kindred birds usually or ordinarily kept as household pets at a ratio not to exceed one bird for each 500 square feet of lot area, and

5.

Such other animals as the Planning Commission may permit pursuant to a revocable special permit after a recommendation by the Health Officer that the keeping of such animals will not be detrimental to the health, safety and welfare of the abutting property owners; provided, however, the Director of Community Development may grant an administrative adjustment pursuant to the provisions of Section 11.76.020(F) of this title;

D.

Parks, playgrounds, a civic center, and community buildings owned and controlled by any public agency;

E.

Churches, nonprofit libraries, museums, elementary, junior high, and high schools offering full curricula as required by State laws, colleges listed as institutions of higher learning by the United States Office of Education, and homes for the aged or for children as may be permitted after a public hearing in each case pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title;

F.

The renting of rooms to not more than one roomer and/or the providing of table board to not more than one boarder in addition to members of the family occupying a single-family residence;

G.

Home occupations (for which a home occupation permit has been issued);

H.

Accessory dwelling units and junior accessory dwellings units pursuant to Chapter 11.23 of this title and accessory buildings pursuant to Chapter 11.19 of this title or improvements incidental to any of the permitted uses in this chapter. No motor home, mobile home, tank, shipping container, trailer, business, or other vehicle or similar item shall be considered or permitted as accessory buildings.

I.

Nameplates and signs as provided in Chapter 11.72 of this title;

J.

Manufactured homes, provided that they shall be designed and built to have an appearance, scale and character similar to and in conformance with the predominant architectural style of homes in the immediate neighborhood and consistent with the provisions of this chapter applicable to conventionally-built single-family residences including, but not limited to:

1.

Massing,

2.

Foundations,

3.

Roof pitch and roofing materials,

4.

Fire sprinkler requirements,

5.

Building materials, and

6.

Window and architectural treatments;

K.

Children's day-care facilities, day nurseries, and nursery schools in accordance with the provisions and requirements of Chapter 11.48 of this title;

L.

Antennas, satellite dish antennas, or other similar accessory apparatus, as an accessory structure to a single-family residence, which is consistent with building height limits and other zoning provisions of this chapter and consistent with the provisions of Chapter 11.46 of this title. Antennas and similar apparatus not meeting the required zoning provisions may be approved by the Planning Commission, subject to a conditional use permit, pursuant to the provisions of Chapter 11.78 of this title.

(Ord. 06-871 § 2 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.702)

(Ord. No. 08-905, § 2D, 1-5-09; Ord. No. 10-916, § 3, 10-18-10; Ord. No. 14-945, § 2, 9-2-14; Ord. No. 21-996, § III, 10-4-21)

11.18.040 - Property development standards.

The following property development standards shall apply to all land and buildings in the R-1 Zone; provided, however, if a lot has a width, depth or area less than that required by the provisions of this chapter and was held under separate ownership or was of official City record prior to June 2, 1988, such lot may be occupied by any use permitted in the R-1 Zone after a public hearing pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title.

A.

Building Height Limits. The maximum building height shall be two stories and shall not exceed 35 feet.

B.

Minimum Lot Width. Every lot shall have a minimum width at the front lot line of 60 feet for interior lots and 65 feet for corner lots and a minimum depth of 100 feet. When the minimum lot area per dwelling unit exceeds 15,000 square feet, every lot shall have a minimum width at the front lot line of 75 feet for interior lots and 80 feet for corner lots and a minimum depth of 150 feet. If a lot has less width or less area than required by the provisions of this chapter and was held under separate ownership or was of record on May 15, 1958, such lot or combination of such lots may be occupied by any use permitted in the R-1 Zone if the lot or combination of lots is not less than 50 feet in width at the building line. A lot or a combination of lots less than 50 feet in width at the building line, which lot was held under separate ownership or was of record on May 15, 1958, may be permitted to be occupied by any use permitted in the R-1 Zone after a public hearing pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title. Cul-de-sac lots shall have a minimum length of 40 lineal feet measured along the front lot line.

C.

Minimum Lot Area per Dwelling Unit. The minimum lot area per dwelling unit (except for lots held under separate ownership or of record on May 15, 1958; see subsection B of this section) shall be 7500 square feet. The Planning Commission may, pursuant to the zone-change procedures, establish a different minimum lot area for any R-1 Zone by establishing a suffix to the R-1 designation indicating the minimum lot area (i.e., 20,000, 30,000, etc.). No lot shall exceed the density provided for in the General Plan of the City.

D.

Lot Coverage. The building area shall not cover more than 35 percent of the total area of any lot.

E.

Yards. The following yards shall be established and maintained (see Section 11.38.060 of this Code for additional setbacks which may be required for planned rights-of-way):

1.

A front yard having a depth not less than 25 feet; provided, however, no front yard need be deeper than the average of the depths of the front yards of the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard of more than 25 feet being considered as having a front yard 25 feet deep; the Planning Commission may require within a subdivision a 30-foot setback on alternating lots and may require a 35-foot setback on limited access roads to provide for circular drives;

2.

Side yards as follows:

a.

Interior lots having vehicular access to an alley shall have side yards of not less than 5 feet in width,

b.

Interior lots having no vehicular access to an alley shall have one side yard of not less than 12 feet in width and one side yard of not less than 5 feet in width,

c.

Corner lots shall have side yards of not less than 5 feet in width adjacent to the interior side lot line and a 15-foot yard along the street side;

3.

A rear yard having a depth of not less than 15 feet for a one-story building and 20 feet for a two-story building; provided further, the provisions of subsection F of this section shall also apply.

4.

See Chapter 11.23 for setbacks applicable to accessory dwelling units; refer to Tables 1 and 2.

F.

Outdoor Living Spaces.

1.

Each lot shall contain a minimum of 1000 square feet of permanent, open, outdoor living space to the rear of the front yard setback line. Such outdoor living area may be provided in one or more spaces; provided, however, such spaces shall average not less than 20 feet and at their narrowest dimension shall be not less than 15 feet.

2.

The gradient or slope of any required outdoor living space shall not exceed 5 percent in any direction.

3.

Patios, including patio roofs, may be erected within the required outdoor living space provided such patios are open on at least two sides. Patios enclosed with walls, windows, screens or any other contrivance shall not be considered as open. Swimming, wading or fish pools may be constructed within the required outdoor living space. Patios and pools shall not occupy more than 60 percent of such space.

4.

Vehicular driveways, when lying to the rear of the front yard setback line, shall not be calculated as part of the required outdoor living space.

5.

Side and rear yards, as set forth in subsection E of this section, may be included in calculating the area and minimum dimensions of the required outdoor living space provided such side and rear yards are contiguous with, and an integral part of, such space.

6.

Spaces with a dimension of less than 15 feet shall not be calculated when determining the required outdoor living space.

G.

Parking. See Sections 11.66.010 and 11.66.030 of this title.

H.

Roof-Mounted Equipment and Antennas. Roof-mounted equipment and antennas on new single-family dwellings, where a building permit is required per Section 11.46.030 of this Code, shall only be permitted, in conjunction with Precise Plan of Design approval, where it is demonstrated that such equipment is installed in a manner in harmony with the architectural design of the dwelling and surrounding neighborhood and in a location least visible from public view. Roof-mounted equipment and antenna installation is permitted on single-family development constructed prior to enactment of this chapter; however it shall also be installed in a manner in harmony with the architectural design of the dwelling and surrounding neighborhood. All such equipment installations, whether on new or existing development, shall meet applicable zoning provisions and the provisions of Chapter 11.46 of this title. Roof-mounted equipment and antennas installed prior to enactment of this title shall be deemed legally nonconforming and exempt from these provisions. Removal shall constitute cessation of use.

I.

Landscaping Requirements.

1.

New Residential Development. The following landscaping requirements shall apply to housing developed after June 2, 1988.

a.

Area. The front and street corner side yards of each lot shall be fully landscaped by the developer, in accordance with these provisions, prior to dwelling occupancy. Other areas, such as slopes, may also require landscaping, subject to City review.

b.

Trees. A minimum of one tree, minimum size of 15 gallons, shall be planted for every 500 square feet of front and street corner side yard areas. Required street trees shall be credited to this requirement.

c.

Street Trees. At least one street tree per street frontage shall be planted in subdivisions, with tree spacing no greater than 35 feet on center. Such tree(s) shall be a minimum of 15 gallons in size. Location, species, and planting procedures shall be in accordance with the Street Tree Master Plan and City development standards. Street trees shall not be removed without prior City approval.

d.

Shrubs. A minimum of one shrub shall be planted for each 150 square feet of front and street corner side yard areas.

e.

Ground Cover. All planting areas shall be planted with live ground cover pursuant to City development standards.

f.

Plant Materials; General. The number, size, spacing, and species of required plant materials may be increased, decreased, or otherwise changed by the Director of Community Development, or appointee, when it is determined that an alternate design will better meet the intent of this section.

g.

Irrigation. All front and street corner side yard planting areas shall have 100 percent irrigation coverage by an automatic irrigation system.

2.

All Residential Development. A minimum of 60 percent of the front and street corner side yard areas of each lot shall be retained as landscaped area. The remaining areas, not to exceed 40 percent of such total area, may include paved driveways, parking areas and aprons, walkways, and other hard surface areas. Exception to this requirement may be permitted, subject to approval of the Director of Community Development, in order to provide required access improvements such as circular driveways, or to accommodate reduced or irregular lots, such as cul-de-sacs. If a lot has less than 60 percent front yard landscaping prior to June 2, 1988, it shall be permitted so long as the existing landscaped area is not further reduced.

(Ord. 06-871 § 2 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.703)

(Ord. No. 21-996, § III, 10-4-21)

11.18.050 - Special development standards.

A.

Minimum Area of Dwelling Units. Single-family dwellings shall contain not less than:

1.

For one-bedroom and two-bedroom (including den) units, 1300 square feet;

2.

For units with three or more bedrooms 1400 square feet. Such space shall be exclusive of open porches, patios, carports and garages.

B.

Minimum Room Sizes. A single-family dwelling shall have no habitable room, except kitchens, bathrooms and halls, which have an area of less than 110 square feet.

C.

Minimum Room Pitch. Dwelling units utilizing typical gable, hip or shed roofs shall have a minimum pitch of 3 inches in 12 inches.

D.

Minimum Eave Projection. Minimum eave projections shall in no case extend less than 18 inches. Additional extension may be required through Precise Plan of Design review in order to ensure energy conservation and/or compatibility with surrounding neighborhood.

E.

Foundation Required. Units not constructed and/or installed on a concrete slab foundation shall have a continuous masonry foundation and/or enclosure.

(Ord. 99-791 Exh. A (part); prior code § 9-4.704)