Montclair City Zoning Code
ARTICLE I
General Provisions
§ 347-1 Purpose. [1]
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.
§ 347-2 Definition of terms.
[Amended 7-15-1980 by Ord. No. 80-31; 7-29-1980 by Ord. No. 80-44; 6-9-1981 by Ord. No. 81-31; 9-1-1981 by Ord. No. 81-45; 12-20-1983 by Ord. No. 83-52; 10-2-1984 by Ord. No. 84-38; 1-8-1985 by Ord. No. 84-50; 12-17-1985 by Ord. No. 85-44; 9-22-1987 by Ord. No. 87-54; 4-19-1988 by Ord. No. 88-16; 7-11-1995 by Ord. No. 95-28; 7-11-1995 by Ord. No. 95-27; 5-26-1998 by Ord. No. 98-17; 6-9-1998 by Ord. No. 98-24; 11-26-2002 by Ord. No. 02-52; 7-12-2005 by Ord. No. 05-34; 11-29-2005 by Ord. No. 05-60A; 4-25-2006 by Ord. No. 06-17; 6-13-2006 by Ord. No. 06-35; 7-25-2006 by Ord. No. 06-43; 1-23-2007 by Ord. No. 07-02; 2-11-2008 by Ord. No. 08-02; 4-3-2012 by Ord. No. O-12-24; 3-12-2013 by Ord. No. O-13-09; 6-18-2013 by Ord. No. O-13-22; 3-4-2014 by Ord. No. O-14-007; 7-21-2015 by Ord. No. O-15-016; 12-8-2015 by Ord. No. O-15-037; 6-21-2016 by Ord. No. O-16-018; Amended 5-18-2021 by Ord. No. O-21-03; 8-10-2021 by Ord. No. O-21-18; 7-26-2022 by Ord. No. O-22-17; 7-26-2022 by Ord. No. O-22-16; 4-22-2025 by Ord. No. O-25-10; 8-12-2025 by Ord. No. O-25-29]
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 and accessory dwelling units (ADUs) pursuant to § 347-8.
The Zoning Officer.
An establishment offering entertainment of a sexual nature.
A dish or parabolic-shaped device designed for the purpose of receiving electromagnetic waves.
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.
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.
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.
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.
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.
An establishment primarily engaged in the renting of automobiles or other vehicles to the public.
An establishment primarily engaged in furnishing automotive repair, service, maintenance, body work or painting, but not including wrecking, salvage or junkyard.
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.
Any establishment used for the washing of automobiles or any other vehicles.
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.
An establishment that prepares baked goods for sale principally within the establishment and not for the wholesale trade or other off-site premises.
A business establishment authorized to perform financial transactions, such as receiving and lending money.
A bank where transactions are made to customers within an automobile outside the confines of a building.
That portion of a building that is partly or completely below grade. A basement shall be considered as a story where the finished surface of the floor above the basement is more than six feet above the mean adjoining grade. The mean adjoining grade shall be calculated using the existing natural grade at ten-foot intervals surrounding the building foundation walls.
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.
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,[1] the Board of Adjustment may exercise those functions herein delegated to the Planning Board.
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.
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.
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.
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.
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.
A building in which is conducted the principal use of the lot on which it is located.
A retail or wholesale establishment supplying building or lumber materials to the public or to contractors.
A cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis retailer.
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.
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.
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.
Property used for the interment of the dead.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A room or group of rooms used for conducting the offices of business, service or industry.
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.
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.
A retail establishment providing building materials, tools and supplies primarily to the public.
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.
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.[2]
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.
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.
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.
A building that is designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.
That part of a lot that is covered by impervious surfaces.
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.
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.
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.
The length of the front lot line measured at the street right-of-way line.
Any boundary line of a lot that divides one lot from another lot or right-of-way.
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.
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.
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.
The office of medical practitioners, including but not limited to medical doctors, dentists, veterinarians, chiropractors, podiatrists, psychologists and licensed therapists.
A building that contains both residential and nonresidential uses.
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.
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.
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.
One that does not conform to the regulations of the zone in which it is situated.
A nonprofit, religious or public use.
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."
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.
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.
A business establishment in which money is lent at interest on pledged personal property.
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.
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.
Space within a penthouse devoted to mechanical equipment for the building, elevator overrides or stair towers.
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.
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.
The office of a recognized professional, including but not limited to an accountant, attorney at law, architect, engineer and realtor.
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.
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.
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.
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.
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.
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.
Any fixed facility in which food or drink is sold primarily for off-premises preparation and consumption.
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.
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.
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.
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.
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.
A setback of an upper story or stories as measured from the building line of the lower stories.
That part of any building comprised between any floor and the floor or roof next above and including basements if the finished surface of the floor above the basement is more than six feet above the mean adjoining grade. The mean adjoining grade shall be calculated using the existing natural grade at ten-foot intervals surrounding the building foundation walls. Where parking is contained either within or underneath a building, each parking level above grade shall be considered to be a story.
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.
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.
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.
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.[3]
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.
The horizontal member of a frame wall to which rafters or upper floor joists are fastened.
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.
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.
Any area, lot, parcel, building or structure or part thereof used for the storage of trucks or buses.
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.[4]
A secondary or higher educational facility primarily teaching usable skills to prepare students in a trade or business.
A building used primarily for the storage of goods and materials.
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.
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.
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.
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.
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.
§ 347-3 Zoning districts.
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.
§ 347-4 Interpretation of boundaries.
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]
§ 347-5 Street vacations.
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.
§ 347-6 (Reserved) [1]
§ 347-6.1 Administration.
[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.
§ 347-6.2 Zoning permit.
[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.
§ 347-6.3 Enforcement.
[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.
§ 347-6.4 Violations.
[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.