The purpose and intent of this chapter is to:

A.

Establish development standards that apply to accessory structures in single-family residential zoning districts.

B.

Ensure accessory structures are consistent with the residential character of the surrounding neighborhood.

C.

Minimize the visual impact associated with the design of accessory structures.

(Ord. No. 10-916, § 5, 10-18-10)

A.

This chapter shall apply to the construction of any accessory structure in single-family residential districts within the City as defined herein.

B.

Except as provided elsewhere in this title, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any accessory use or structure without first complying with the development standards established herein and obtaining necessary construction and alteration permits as may be required by adopted codes listed in Title 10 of the Montclair Municipal Code.

C.

Existing accessory structures that were legally constructed prior to the date of the ordinance from which this chapter is derived but which do not conform to the provisions of this chapter are deemed to be legal nonconforming and shall be subject to the provisions of Chapter 11.78.060 of the Montclair Municipal Code.

D.

The provisions of this chapter shall in no way validate any existing accessory structure constructed without City approval. Accessory structures erected without benefit of City approval and a building permit shall be removed upon notification or, if possible, modified to comply with the provisions of this chapter and any applicable requirements in the adopted codes listed in Title 10 of the Montclair Municipal Code.

(Ord. No. 10-916, § 5, 10-18-10)

Accessory buildings and structures, except walls and fences, in the R-1 Single-Family Residential Zone shall be subject to the following provisions:

A.

An accessory structure may only be constructed on a lot containing a primary structure that is occupied by the appropriate use.

B.

Accessory structures may only be used for purposes permitted in the district in which they are located. It shall be the responsibility of the Director to determine if a proposed accessory structure or use is appropriate, incidental, and subordinate to the principal permitted use.

C.

No major accessory structure shall be allowed on a property that does not provide minimum required covered parking meeting the development standards of the underlying zoning district.

D.

When an accessory structure is proposed on a property that is comprised of more than one lot or parcel, the parcels or lots in question shall be merged and recorded with the Office of the County Recorder.

E.

No mobile home, tank, shipping container, trailer, bus, or other vehicle or similar item shall be utilized as an accessory building or storage structure in any single-family or multifamily residential zoning district.

F.

Accessory buildings or structures containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall comply with City noise standards as set forth in the Montclair Municipal Code.

G.

Significant changes to the use of an accessory structure shall be subject to City review for compliance with the development standards contained in this Title and may be subject to construction and alteration permits as may be required by adopted codes listed in Title 10 of the Montclair Municipal Code. No accessory building shall be used as habitable space as defined in this Title, including, but not limited to, a dwelling unit, sleeping quarters, or a housekeeping unit or contain a kitchen unless permitted within an approved Second Dwelling Unit, subject to the provisions of Chapter 11.23 of the Montclair Municipal Code.

H.

A bathroom may be allowed within an enclosed accessory structure if approved by the Community Development Director.

I.

Accessory structures shall not be used for a commercial or industrial business, or home occupations. Other activities involving the use, manufacturing/processing, or storage of flammable, combustible, explosive, toxic, or other hazardous materials in quantities that are not normally associated with a household use as determined by the Montclair Fire Department shall be prohibited.

J.

Accessory buildings or structures shall not be located in any utility or drainage easement.

K.

Accessory structures shall be located and designed so as not to directly drain onto another property.

L.

All accessory structures may be subject to the review and approval of the Montclair Fire Department including the requirement to install fire suppression (sprinkler) systems, monitoring, and/or alarms.

M.

Before obtaining a building permit for a fully enclosed major accessory structure, the property owner shall file with the Office of the County Recorder a deed restriction, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating:

1.

The permitted use(s) for which the accessory structures may be used.

2.

That the accessory structures may not be converted to habitable space (i.e. a second dwelling unit pursuant to Chapter 11.23 herein and all other applicable ordinances and resolutions) without review and approval by the City, provided, however, that conversion to a similar use as determined by the Community Development Director shall not require execution and recordation of a new deed restriction.

3.

The restrictions shall be binding upon any successors or assigns in ownership of the property, and lack of compliance may result in legal action against the owner.

N.

Proposals for accessory structures shall be subject to the following:

1.

Review and approval of all accessory structures shall be conducted administratively by City staff. Staff decisions may be appealed to the Planning Commission pursuant to the criteria set forth in Chapter 1.08 of the Montclair Municipal Code.

2.

Concurrently with the review, but prior to the approval of plans for all accessory structures, Planning Division staff shall schedule a multidepartmental inspection of the subject property to ensure that the submitted plans are accurate and contain no errors or omissions. At a minimum, staff from the Planning and Building Divisions and Code Enforcement Unit of the Fire Department shall participate in the site inspection, however, representatives from other City departments/divisions may participate in the inspection at the discretion of the City Planner.

3.

Within 10 days of acceptance of a complete set of plans for a major accessory structure, the Community Development Director shall cause a courtesy notification of said proposal to be mailed to surrounding property owners who, in the Director's opinion, would be directly impacted by the proposed accessory structure. Said notification shall contain sufficient information regarding the general scope of the project and the days and times during which project plans may be reviewed by the public at the Community Development Department.

(Ord. No. 10-916, § 5, 10-18-10)

A.

No accessory structure shall be erected in a multifamily zoning district unless pursuant to a Precise Plan of Design (PPD).

B.

For multifamily developments, all accessory structures including carports and garages, trash enclosures, common open space structures, etc., shall be subject to the approval of, or included as an element of a PPD.

C.

Where a development standard in an underlying specific plan (SP) or planned unit development (PUD) project site addresses a specific accessory structure standard (e.g., height or setback), those standards shall take precedence over this chapter.

(Ord. No. 10-916, § 5, 10-18-10)

The maximum size and number of accessory structures on any single-family residential lot shall be as follows:

(Ord. No. 10-916, § 5, 10-18-10)

Accessory buildings and structures shall comply with the following setback standards:

(Ord. No. 10-916, § 5, 10-18-10)

A.

All accessory structures shall be limited to one story and a maximum height of 15 feet, or the height of the primary structure, whichever is less. A rooftop designed so that it may be used as a deck shall be considered a second story for the purposes of this chapter and shall not be permitted.

B.

For recreational vehicle (RV) garages, building height may exceed the stated height limit provided that overall height of the structure is the minimum necessary to achieve necessary clearances and allow a roof pitch that complements the roof pitch of the primary structure on the property. In no case shall the maximum height of the portion of the accessory structure intended for accommodating an RV exceed 20 feet in height.

C.

Accessory structures designed with exterior walls exceeding 10 feet in height shall contain architectural design elements as described in Section 11.19.100(B) herein.

(Ord. No. 10-916, § 5, 10-18-10)

A.

Major accessory buildings or structures shall be separated from the primary structure and any other major accessory building or structure by a minimum distance of 10 feet, as measured from nearest exterior vertical wall or post surface.

B.

No accessory structure shall be attached to a property line fence or wall.

C.

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

(Ord. No. 10-916, § 5, 10-18-10; Ord. No. 21-996, § III, 10-4-21)

A.

The sum total of all accessory structures (except in-ground pools) shall not occupy more than 35 percent of the rear yard of a property.

B.

All accessory buildings or structures shall be counted toward the overall total lot coverage limit allowed by the underlying zoning district.

(Ord. No. 10-916, § 5, 10-18-10)

Plans for an accessory structure shall be reviewed for conformity with the following guidelines:

A.

Roofing and siding materials shall match as closely as possible the predominant materials on the principal dwelling. Alternate materials may be approved if the Director finds that the alternate roofing and siding materials effectively complement the character and appearance of the primary structure on the property.

B.

A single, large, dominant building mass shall be avoided. When large accessory structures are proposed, the overall mass of the structure should be broken up through the change in wall planes, setbacks, projecting and recessed elements, and similar design techniques. Roofline offsets shall be provided to lend an architectural interest and variety to the massing of a building and to relieve the effect of a single long roof.

C.

The color(s) shall reflect, or be complementary to, the color scheme of the primary structure or dwelling

D.

Trim detailing including, but not limited to, fascia, window trim, and door trim shall reflect and be complementary to the trim detailing of the principal dwelling.

E.

Any lighting affixed to an accessory structure shall be designed or shielded so as to not cause glare upon neighboring properties.

(Ord. No. 10-916, § 5, 10-18-10)

Recreational vehicles (RVs) may be parked and stored within a completely or partially enclosed garage structure. Such structures shall be subject to the additional development criteria provided in the following standards:

A.

The RV garage shall be located in the rear yard meeting all applicable setback requirements.

B.

An RV garage structure shall be designed to minimize volume and mass and comply with the general design standards for large accessory structures contained in this chapter. Rooflines shall be varied to reduce the scale of structures and add visual interest.

C.

RVs shall not be covered solely by means of a carport structure. A carport for an RV may be considered when it is a part of, and appropriately integrated into, the overall design of a large accessory structure meeting the intent of the design standards for large accessory structures.

D.

An RV garage structure shall not be placed on the property in any manner that blocks or obstructs direct vehicular access to required covered parking for the property.

E.

Garages that are visible to the street shall have an automatic garage door opener and a decorative garage door design (e.g., "carriage style" garage doors) in keeping with the architectural style of the main house.

F.

Temporary or permanent connections to an existing septic tank or the City's sanitary sewer system designed for the express purpose of conveying waste from RV septic holding tanks to a private sewer system or the public sewer shall be prohibited. Further, waste from RV septic holding tanks shall not be conveyed to a private sewer system or the public sewer system through toilets or other approved plumbing fixtures within an approved accessory structure, main dwelling unit, or second dwelling unit. RV septic holding tanks shall be evacuated only at a licensed dump station designed to accept such waste.

(Ord. No. 10-916, § 5, 10-18-10)

All accessory structures shall be maintained in good repair in conformance with the property maintenance standards of the Montclair Municipal Code at all times.

(Ord. No. 10-916, § 5, 10-18-10)