Montclair City Zoning Code
ARTICLE XIV
N-C Neighborhood Commercial Zone
§ 347-90 Permitted principal and conditional uses.
[Amended 6-24-1980 by Ord. No. 80-41; 7-29-1980 by Ord. No. 80-44; 9-20-1988 by Ord. No. 88-58; 7-11-1995 by Ord. No. 95-27; 5-26-1998 by Ord. No. 98-17; 6-9-2009 by Ord. No. O-014-09]
The following principal and conditional uses are permitted in the N-C Neighborhood Commercial Zone:
A.
Mixed-use buildings that meet the following requirements:
[Amended 7-26-2022 by Ord. No. O-22-17]
(1)
Maximum density of 28 units per acre.
(2)
Permitted nonresidential uses, other than office uses, occupy the first floor along all street-facing facades with a depth of at least 30 feet measured from the building wall. A residential lobby may also occupy the first floor frontage.
(3)
Any curb cut for access lanes to parking shall not interrupt the street frontage of the building.
(4)
All parking shall be fully screened or enclosed so as not to be visible from any public area.
B.
Retail stores.
C.
Personal service establishments.
D.
Restaurants, where the principal use is the sale and service of food. If food is to be consumed on the premises, it must be within the building where purchased or within the designated dining area, not including the parking area. The sale and consumption of alcoholic beverages on the premises is permitted where sold and served only as an incident to the principal use.
E.
Business and professional offices, medical offices and banks, except that such uses shall not be permitted on the ground floor.
F.
Educational play centers.
I.
Municipal facilities, subject to Planning Board approval.
§ 347-91 Prohibited uses.
§ 347-92 Permitted accessory uses.
The following accessory uses are permitted in the N-C Neighborhood Commercial Zone:
A.
Residential garages as permitted in the R-4 Zone.
B.
Outdoor and indoor parking facilities appurtenant to commercial uses, provided that a parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the N-C Zone. However, it may not be used to fulfill a parking requirement for such other uses.
[Amended 1-17-1984 by Ord. No. 84-1]
§ 347-93 Lot size requirements.
A.
Lot size requirements shall be the same as in the R-4 Zone, for uses permitted in that zone.
B.
For new commercial uses and mixed-use buildings, the minimum lot width shall be 60 feet, with a minimum lot size of 6,000 square feet, except that existing isolated lots may be utilized, down to a minimum width of 40 feet and a minimum lot size of 4,000 square feet, or with no restriction where such lot is adjoined by continuous business building frontage.
[Amended 7-26-2022 by Ord. No. O-22-17]
§ 347-94 Impervious surface requirements.
[Added 4-19-1988 by Ord. No. 88-16]
Impervious surfaces shall not exceed 80% of the lot area.
§ 347-95 Height and setback of principal structures.
A.
Maximum height and number of stories.
[Amended 9-20-1988 by Ord. No. 88-58; 10-4-1988 by Ord. No. 88-61; 11-1-1988 by Ord. No. 88-66; 4-25-2006 by Ord. No. 06-17; 7-26-2022 by Ord. No. O-22-17]
(1)
The maximum building height shall be 36 feet for residential buildings and for mixed-use buildings. For this provision, a residential building must include at least one full story of a residential use. The maximum building height shall be 24 feet for nonresidential buildings.
(2)
Maximum number of stories: three stories for residential buildings and mixed-use buildings; two stories for nonresidential buildings.
B.
Setbacks for new residential buildings shall be as specified in the R-4 Zone.
C.
For new commercial and mixed-use buildings, the following setback requirements shall apply:
[Amended 7-26-2022 by Ord. No. O-22-17]
(1)
Minimum front yard setbacks shall be 20 feet, except that where an existing building is being replaced, the new setback is not required to be larger, and where the lot is adjoined by a building or buildings with a lesser setback, such lesser existing setback shall apply.
(2)
A minimum side yard of eight feet is required where adjoining a residential zone. No side yard is required otherwise, except that, where provided, such side yard shall have a minimum width of six feet.
(3)
The minimum rear yard setback shall be 20 feet.
§ 347-96 Height and setback of accessory structures; parking areas and driveways.
[Amended 9-20-1988 by Ord. No. 88-58]
Accessory structures shall comply with the height and setback requirements for principal structures in the N-C Zone. Parking areas and driveways shall be set back at least four feet from side and rear property lines. No parking area shall be permitted between any building and the front property line (or front property lines in the case of corner lots) nor within 10 feet of a front property line, with such interval to be appropriately landscaped.