Montclair City Zoning Code
ARTICLE IV
R-O Mountainside Zone
§ 347-29 Permitted principal uses.
§ 347-30 Permitted conditional uses.
The following conditional uses may be permitted in the R-O Mountainside Zone:
B.
Private and public schools, under the conditions in § 347-12.
[Amended 6-24-1980 by Ord. No. 80-41]
C.
Museums, subject to the following conditions:
[Amended 9-1-1981 by Ord. No. 81-45]
(1)
Minimum lot size of one acre.
(3)
Parking areas and driveways shall be set back at least 10 feet from property lines, with the intervening areas landscaped with evergreens to form an effective visual screen at the time of planting.
(4)
Parking areas shall not be lit except during the time of use of assembly facilities.
(5)
The property shall front on a street having a pavement width of at least 38 feet.
D.
Small cell wireless facilities pursuant to the conditions in § 347-17.3B(2) and also pursuant to the bulk requirements in § 347-17.3.
[Added 12-17-2024 by Ord. No. O-24-35]
§ 347-31 Permitted accessory uses.
The following accessory uses are permitted in the R-O Mountainside Zone:
A.
Garages appurtenant to a residential use.
B.
Off-street parking for not more than four vehicles, except in the case of conditional uses.
C.
Swimming pools.
D.
Tennis courts and platform tennis courts, subject to Planning Board determination of the adequacy of screening from adjoining residential properties. Lighting for night use is not permitted unless completely shielded from public streets and other residential properties.
E.
Home occupations not involving the servicing of customers or clients on the premises, and subject to the following regulations, to assure that such accessory use remains incidental to the principal use and will not adversely affect the residential character of the area:
(1)
Any such occupation shall not substantially alter or change the character of the premises or give an appearance that the premises are being used for other than residential occupancy. There must be no physical features or arrangements not customary in buildings intended for residential use only.
(2)
The parking of automobiles caused by such use shall not interfere with the public use of adjoining streets and shall not be sufficient to inconvenience the neighbors by occupying a large part of nearby curb space.
(3)
Such use shall be limited to 15% of the total floor area of the principal building or not more than 25% of the area of any one floor.
(4)
There shall be no display of any commodity or advertising on the premises, nor shall any commodity be sold from the premises.
(5)
No manufacturing of goods or storage of material shall take place on the premises.
(6)
It shall not be permissible to stock or store any type of merchandise.
(7)
The maximum permissible employment shall be one part-time (not over 30 hours per week) person, employed only in conjunction with the operation of a professional practice.
(8)
Not more than two resident occupants of the dwelling may be employed in the operation of any domestic craft.
(9)
No sign will be permitted or other indication of the nature of the accessory use.
(10)
The operation or use of machinery for other than customary household purposes shall not be permitted.
(11)
Clerical work from the home in connection with an insurance, real estate or similar business is not considered an accessory use, unless the occupant has a legally established office elsewhere which is in regular use for this business, and under no circumstances shall the address of the business be established as the home address.
(12)
The following occupations carried on commercially, among others, shall be excluded from the classification of accessory uses:
(a)
Experimentation within a structure or on the premises by use of chemicals or other means which may be hazardous.
(b)
Operation of a job (carpentry, plumbing, electrical or other similar business) from within a structure or from or on the premises; photographic studio.
(c)
Repairing of automobiles or other vehicles, furniture, radios, doing carpentry or similar work and the repairing of mechanical equipment.
F.
Other accessory uses customarily associated with principal and conditional uses permitted in this zone.
G.
A family day-care home for children, provided that such home has been registered with the State of New Jersey Division of Youth and Family Services pursuant to the Family Day Care Provider Registration Act of 1987[1] and subject to the following regulations to assure that such accessory use will not adversely affect the residential character of the area:
[Added 3-22-1988 by Ord. No. 88-10]
(1)
Any such occupation shall not substantially alter or change the character of the premises or give an appearance that the premises are being used for other than residential occupancy. There must be no physical features or arrangements not customary in buildings intended for residential use only.
(2)
The parking of automobiles caused by such use shall not interfere with the public use of adjoining streets and shall not be sufficient to inconvenience the neighbors by occupying a large part of the nearby curb space.
(3)
No sign or other indication of the nature of the accessory use will be permitted.
[1]
Editor's Note: N.J.S.A. 30:5B-16 through 5B-25.
§ 347-32 Lot size and width requirements.
[Amended 11-29-2005 by Ord. No. 05-63]
A.
The minimum lot area shall be 20,000 square feet.
§ 347-33 Bulk requirements.
[Amended 8-31-1982 by Ord. No. 82-30; 12-17-1985 by Ord. No. 85-44; 11-26-2002 by Ord. No. 02-52; 7-12-2005 by Ord. No. 05-34; 11-29-2005 by Ord. No. 05-63; 4-25-2006 by Ord. No. 06-17; 6-13-2006 by Ord. No. 06-35; 3-11-2008 by Ord. No. 08-09; 5-18-2021 by Ord. No. O-21-03; 2-7-2023 by Ord. No. O-22-23]
Height and setback of principal structures shall be as follows:
B.
Front yard setback.
(1)
Minimum front yard setback for interior lots: 50 feet, except that, where the average front yard setback of existing buildings is greater, such greater setback shall apply.
(2)
Minimum front yard setback for corner lots: 50 feet from each street, except that, where the average front yard setback of existing structures is greater, such greater setback shall apply.
C.
Side yard setback.
(1)
Minimum side yard setbacks for interior lots: 12 feet for one yard and 18 feet for the other yard.
(2)
Minimum side yard setback for corner lots: 12 feet.
(3)
Additions to existing buildings shall comply with the side yard setbacks of 12 feet for one yard and 18 feet for the other yard for interior lots, and the setback of 12 feet for corner lots.
(4)
The maximum permitted width of a principal structure shall be 65% of the width of the lot frontages at any one point measured parallel to the street line.
(a)
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.
(b)
For building additions which do not widen the existing principal structure, the maximum permitted width shall apply to the building addition only.
D.
Minimum rear yard setback: 30 feet, or 30% of the depth of the lot, whichever is greater.
E.
The maximum building coverage shall be 20%, and the maximum impervious coverage shall be as set forth in Montclair Code § 347-20B.
F.
An attached garage with no habitable space above shall not extend beyond the front building line established by the rest of the principal structure.
§ 347-34 Height and setback of accessory structures; parking areas and driveways.
A.
B.
No accessory structure nor any off-street parking area, whether or not within a garage, shall be located between the main building and the curb of the street on which the building fronts; provided, however, that a driveway leading to a garage which is in, beside or behind the main building shall be permissible.
[Added 9-16-1980 by Ord. No. 80-53; amended 1-20-1981 by Ord. No. 81-1]