Montclair City Zoning Code
ARTICLE III
General Lot and Building Regulations
§ 347-18 Formation of new lots.
A.
When a new lot is formed from part of a parcel of land on which there is an existing building, the lot size, setback and bulk requirements hereunder must be maintained for the existing building, and the new lot and any proposed new buildings must also comply with these requirements.
B.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing principal building, for the purpose of this chapter such new lot shall be deemed to embrace only so much of such former lot as would not be required to be included in such former lot to permit the erection thereon of the existing principal building.
C.
In no case shall a new lot be formed from part of a parcel of land on which there exists a principal residential building in any single- or two-family zone if the lot is to be positioned so that a structure erected thereon would disturb the uninterrupted frontage of the existing residential building to the street on which said new lot or lots are to front.
D.
The minimum lot width required indicated on the Montclair Township Zoning Map dated August 1, 2017, establishes the minimum lot width for properties in the R-O, R-O(a), R-1 and R-2 Zone Districts. Existing lots of record under separate ownership with lesser widths at the time this subsection is adopted are permitted.
[Added 11-29-2005 by Ord. No. 05-60A; amended 5-18-2021 by Ord. No. O-21-03; 4-12-2023 by Ord. No. O-23-08]
E.
The minimum lot sizes and areas in R-O, R-O(a), R-1 and R-2 Zones shall conform to the minimum lot sizes and areas prescribed in this chapter, or if there is no such zoning requirement for the district in which such lot or lots are located, the width of such proposed lot or lots shall conform to the widths set forth in the Zoning Map appended to this chapter. The depth of such proposed lot or lots shall conform to the following requirements:
[Added 11-29-2005 by Ord. No. 05-60A; amended 3-12-2013 by Ord. No. O-13-09; 4-23-2019 by Ord. No. O-19-012; 4-12-2023 by Ord. No. O-23-08]
(1)
Where the existing street pattern has been established and there is no opportunity for interior block subdivision, the depth of all newly created lots shall be in keeping with the established lot depth, as defined in § 347-2.
(2)
Where the existing street pattern has not been established and where a subdivision will involve a new street, lots of the respective widths shown shall have the minimum depth stated below:
Lot Width (feet) | Minimum Lot Depth (feet) | |
|---|---|---|
50 to 60 | 150 | |
61 to 70 | 155 | |
71 to 80 | 155 | |
81 to 90 | 170 | |
91 to 100 | 180 | |
101 and over | 200 | |
F.
The minimum lot sizes and areas in R-3, OR-3, R-4, OR-4, C-1, C-2 and NC Zones shall conform to the minimum lot sizes and areas prescribed in this chapter.
[Added 11-29-2005 by Ord. No. 05-60A]
§ 347-19 Driveways in residential zones.
No private driveway or walk giving access to a residential use in a less restricted zone shall be permitted over land in a more restricted zone.
§ 347-20 Additional requirements for residential uses.
[Amended 2-7-2023 by Ord. No. O-22-23]
A.
For one- and two-family dwellings, there shall be no more than one principal building per lot. However, as provided in § 347-8, one- and two-family dwellings may have one accessory dwelling on such lot. Each lot shall front on a public street.
[Amended 2-21-2023 by Ord. No. O-22-27]
B.
Maximum impervious coverage.
(1)
For lots less than 10,000 square feet in area, the maximum impervious coverage shall be 55% of the lot area.
(2)
For lots over 25,000 square feet in area, the maximum impervious coverage shall be 35% of the lot area.
(3)
For lots with areas between 10,000 square feet and 25,000 square feet in area, the maximum impervious coverage shall be equal to 55 divided by the square root of the lot area.
C.
The requirements set forth in Montclair Code Chapter 294, Steep Slopes, and Montclair Code Chapter 295, Stormwater Control, are also applicable to residential uses.
§ 347-21 Yards and courts; window exposure.
A.
Unless otherwise expressly provided, the terms "rear yard," "front yard," "side yard" and "court," when used in this chapter, shall be deemed to refer only to a rear yard, front yard, side yard or court required by this chapter. No lot area shall be so reduced or diminished that the yards, courts or open spaces shall be smaller than prescribed by this chapter. No existing building shall be altered, enlarged or rebuilt except in conformity with the regulations herein prescribed.
B.
Except as otherwise provided in this chapter, every room in which persons live, sleep, work or congregate shall have at least one window or ventilating skylight opening directly either upon a street or upon a rear yard, front yard, side yard or court located upon the same lot and conforming to the requirements prescribed by this chapter as to its minimum area and least dimensions. The provisions of this chapter shall not be deemed to apply to courts or shafts for bathrooms, hallways or stairways.
C.
The area required in a court or yard at any given level shall be open from such level to the sky, unobstructed except for the ordinary projections of skylights and parapets above the bottom of such courts or yard and except for the ordinary projections of windowsills, belt courses, cornices and other ornamental features to the extent of not more than four inches.
D.
An open or lattice-enclosed iron fire escape, fireproof outside stairway or solid-floored balcony may project four feet into a rear yard or a side yard.
E.
A corner of a court or yard may be cut off between walls of the same building, provided that the length of the wall of such cutoff does not exceed seven feet, and further provided that the required area of the court or yard is not diminished.
F.
Windows opening on a recess to a court, yard or common shall be deemed to comply with the provisions of this chapter, provided that such recess is no longer in any part than 1/2 of its width on the open side.
§ 347-22 Location of accessory buildings.
A.
Accessory buildings, except as provided for in Article VIII, § 347-58, shall be located in the rear yard and shall not occupy more than 25% of the rear yard in all zones, except not more than 15% in the RO and R-O(a) Zones.
[Amended 7-15-1980 by Ord. No. 80-31; 7-12-2005 by Ord. No. 05-34; 5-18-2021 by Ord. No. O-21-03]
B.
When the rear lot line of a corner lot coincides with the side lot lines of the adjoining property fronting on the side street, accessory buildings shall set back from such rear lot line not less than a distance equivalent to the width of the minimum required side yard for such corner lot.
C.
The provisions of this section shall not apply to a garage built in a multifamily zone below the first-floor level, as provided in § 347-58.
D.
Swimming pools as accessory structures to residential uses shall not be permitted in front yards or in street side yards of corner lots.[1]
[Added 3-3-1981 by Ord. No. 81-4]
[1]
Editor's Note: See Ch. 305, Swimming Pools.
E.
When any structure is attached to the principal building, it shall be considered a part of such building and as such shall comply with all regulations applicable to the principal building. Any accessory structure located within four feet of the principal building shall be considered part of such building. Accessory buildings less than 100 square feet in size are exempt.
[Added 5-18-2021 by Ord. No. O-21-03]
F.
The maximum building footprint for accessory buildings may not exceed 24 feet in any one direction. In the R-O and R-O(a) Zones, the maximum building footprint may not exceed 36 feet in any one direction.
[Added 5-18-2021 by Ord. No. O-21-03]
G.
A maximum of two accessory buildings are permitted per lot, excluding accessory buildings less than 100 square feet in area.
[Added 5-18-2021 by Ord. No. O-21-03]
§ 347-23 Height exceptions.
[Amended 6-13-2006 by Ord. No. 06-35; 5-18-2021 by Ord. No. O-21-03]
A.
The height provisions of this chapter shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys or flues.
B.
Rooftop mechanical equipment shall comply with the following:
(1)
All rooftop mechanical equipment other than skylights, gooseneck exhaust ducts serving kitchen and toilet ventilating systems, roof-mounted antennas and plumbing vent stacks shall be enclosed in a penthouse.
(2)
Maximum penthouse space shall not exceed 10% of the total rooftop.
(3)
The maximum height of a penthouse shall be 10 feet above the height of the roof.
(4)
Habitable penthouse space is considered a story and is not exempt from the maximum height required in the zone.
(5)
All penthouses shall be designed to harmonize with the main structure in architectural character, material and color, except that a rooftop egress stairwell enclosure not containing any other form of habitable or mechanical space may be contained within a separate enclosure.
(6)
When roof levels vary by one floor or more or when separate elevator penthouses are required, there may be one enclosure for each elevator penthouse at each roof level.
(7)
Enclosing walls of the penthouse shall be of equal, uniform height as measured from the roof level except that:
(a)
Enclosing walls of penthouse habitable space may be of a single different height than walls enclosing penthouse mechanical space.
(b)
For a penthouse containing no habitable space, enclosing walls for an elevator override may be of a separate uniform height.
(c)
Required screening walls around uncovered mechanical equipment may be of a single, different uniform height.
(d)
Penthouses, screening around unenclosed mechanical equipment, rooftop platforms for swimming pools, roof decks, trellises and any guardrail on a roof shall be set back from the edge of the roof upon which it is located a distance equal to two feet from the building wall of the roof for every one foot of height of the penthouse above the roof surface or top of the parapet.
(8)
No mechanical equipment may be placed on the roof of a penthouse.
C.
Parapet walls and cornices shall be permitted to exceed such height limit by not more than five feet.
D.
A dormer/dormers in a half story that is not/are not more than 50% of the width of the facade at their widest point shall not result in the half story counting as a full story.
§ 347-24 Dish antennas.
[Added 10-2-1984 by Ord. No. 84-38]
A.
Freestanding dish antennas are permitted in any zone only as an accessory use, subject to the following standards:
(1)
No more than one dish antenna per lot shall be permitted.
(2)
Dish antennas shall be located only in rear yards and shall comply with the minimum side and rear yard setbacks for principal structures or with setbacks equal to the height of the antenna structure, whichever is greater.
(3)
No dish antenna structure shall exceed 11 feet as measured from the average ground elevation below the structure to the highest point of the structure, and no dish receiver shall exceed a diameter or dimension of seven feet or an area of 40 square feet.
(4)
Dish antennas shall be screened from the view from abutting private or public properties and streets by natural evergreen landscaping. Such plantings shall be a minimum of five feet high at the time of planting and spaced to create an effective visual screen.
B.
Dish antennas mounted on principal or accessory buildings are permitted in any zone, subject to the following standards:
(1)
No more than one dish antenna per lot shall be permitted.
(2)
The dish antenna shall be considered part of the building upon which it is mounted and shall comply with all height, setback and other regulations applicable to the building.
(3)
No dish receiver shall exceed a diameter of 3.3 feet or an area of 8.6 square feet.
§ 347-25 Minimum yards for corner lots.
[Added 12-17-1985 by Ord. No. 85-44]
Corner lots shall have one front yard along each street frontage. The rear yard shall be opposite the street frontage of least dimension. The remaining yard or yards shall be minimum side yards.
§ 347-26 Lot partly in adjoining municipality.
Where a lot is traversed by a municipal boundary line, any building erected in whole or in part on the portion of the lot in Montclair shall be in compliance with the requirements of any ordinance of the neighboring municipality applicable to said lot prescribing minimum yards, courts and area of lot occupied by buildings, and shall not have a roof which rises above the maximum height of buildings permitted for such lot by the ordinances of the neighboring municipality, unless the requirements of this chapter with respect to minimum yards, courts, the area of lot occupied by buildings and the height of buildings are more restrictive than such requirements of the ordinances of the neighboring municipality, in which case the more restrictive requirements of this chapter shall control.
§ 347-27 Fences.
[Amended 11-27-1984 by Ord. No. 84-45]
A.
In all zones, except the R-O, R-O(a) and C-2 Zones:
(1)
On interior lots, fences or walls other than retaining walls shall not exceed 4 1/2 feet in height when built in front of the extreme rear corner(s) of the principal building and shall not exceed seven feet in height when built on the remainder of the lot.
(2)
On corner lots, fences or walls other than retaining walls shall not exceed 4 1/2 feet in height when built between the street line upon which the principal building fronts and the extreme rear corner(s) of the principal building or between the side street line and the setback of the principal building. On the remainder of the lot, fences or walls shall not exceed seven feet in height.
B.
In the R-O and R-O(a) Zones:
(1)
On interior lots, open fences (defined as having 25% or less solid areas or voids of dimension not less than two inches) shall not exceed 4 1/2 feet in height, and solid walls, other than retaining walls, shall not exceed three feet in height when built in front of the extreme rear corner(s) of the principal building. Stockade and other solid fences are not permitted in this area. On the remainder of the lot, fences or walls shall not exceed seven feet in height.
(2)
On corner lots, open fences (defined as having 25% or less solid areas or voids of dimension not less than two inches) shall not exceed 4 1/2 feet in height and solid walls other than retaining walls shall not exceed three feet in height when built between the street line upon which the principal building fronts and the extreme rear corner(s) of the building or between the side street line and the setback of the principal building. Stockade and other solid fences are not permitted in this area. On the remainder of the lot, fences or walls shall not exceed seven feet in height.
C.
In the C-2 Zone, fences or walls other than retaining walls shall not exceed seven feet in height.
D.
Open fences (defined as having 25% or less solid areas, or voids of dimension not less than two inches) not exceeding six feet in height may be erected on the property of any church, school, cemetery or public playground.
E.
On corner lots no fence or wall shall exceed 2.5 feet in height when built in a triangular area, the two sides of which are formed by twenty-five-foot lengths of street lines intersecting at an angle or, if the corner is rounded, by the extension of the street lines to form such an angle.
F.
All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties or the street.
G.
Partition fences or walls topped with barbed wire or similar hazardous elements shall not be permitted unless their erection is consented to in writing by the adjacent land owner.
H.
Fences enclosing tennis courts in side or rear yards may exceed seven feet in height but shall not be higher than 10 feet. Such fences shall not be closer than 20 feet to property lines, except that a minimum fence setback of 10 feet shall be permitted if a hedge or row of dense shrubs at least four feet high at the time of planting is maintained between the fence and the respective property line. [1]
[1]
Editor's Note: Former Subsection I, added 11-26-2002 by Ord. No. 02-52, regarding retaining walls over four feet in height, which immediately followed this subsection, was repealed 11-29-2005 by Ord. No. 05-60A.
§ 347-27.1 Retaining walls.
[Added 11-26-2002 by Ord. No. 02-52]
A.
Retaining walls may abut property lines without any required setback.
B.
On interior lots, retaining walls shall not exceed 4.5 feet in height when built in front of the extreme rear corner(s) of the principal building and shall not exceed seven feet in height when built on the remainder of the lot.
C.
On corner lots, retaining walls shall not exceed 4.5 feet in height when built between the street line upon which the principal building fronts and the extreme rear corner(s) of the principal building or between the side street line and the setback of the principal building. On the remainder of the lot, retaining walls shall not exceed seven feet in height.
D.
On corner lots no retaining wall shall exceed 2.5 feet in height when built in a triangular area, the two sides of which are formed by twenty-five-foot lengths of street lines intersecting at an angle or, if the corner is rounded, by the extension of the street lines to form such an angle.
E.
In the event that a guard rail, fence or wall other than a retaining wall is provided at the top of the retaining wall, the wall height shall be measured to the top of the guard rail, fence or wall on top of the retaining wall.
F.
When the overall height of the retaining wall and guard rail, fence or wall on top of the retaining wall exceeds the maximum permitted height, the guard rail, fence or wall other than the retaining wall must be set back from the top of the retaining wall by one foot for every foot of height of the guard rail, fence or wall on top of the retaining wall.
G.
Terraced retaining walls involving more than one section of wall above or below each other shall be construed as one wall unless the base of the upper wall is separated from the face of the lower wall by at least four feet, measured horizontally.
H.
In the event that a retaining wall is permitted by variance to exceed the maximum permitted height, the Board granting the variance may require an appropriate guard rail, fence or wall in order to protect persons from falling over the edge of the retaining wall.
I.
Every retaining wall over four feet in height must be designed by a licensed professional engineer.
§ 347-28 Security gates or doors.
[Added 11-27-1990 by Ord. No. 90-53]
Rolling, swinging, sliding or accordion garage-type security gates or doors, whether solid or not solid, shall not be permitted on or in any building so as to be visible from a street or municipal parking area, except that such gates or doors may be used to cover the vehicular entrance to a building.[1]
[1]
Editor's Note: Former §§ 347-28.1, Width of lots; 347-28.2, Lot sizes in R-0, R-0(a), R-1 and R-2 Zones; and 347-28.3, Lot sizes in R-3, OR-3, R-4, OR-4, C-1, C-2 and N-C Zones, which were formerly included in Ch. 301, Subdivision of Land, as §§ 301-27 and 301-28 and relocated to this chapter 11-29-2005 by Ord. No. 05-61, were repealed 2-11-2008 by Ord. No. 08-02.
