Montclair City Zoning Code
ARTICLE VIII
R-3 Garden Group Zone
§ 347-53 Permitted principal uses.
The following principal uses are permitted in the R-3 Garden Group Zone:
A.
One-family detached dwellings.
B.
Two-family detached dwellings (not including conversions of existing one-family dwellings, which are permitted as conditional uses; see § 347-54A).
C.
Multifamily dwellings, at a density of not over 18 units per acre [excluding i) townhouses and ii) conversions of existing buildings, which are permitted as conditional uses; see § 347-54B].
[Amended 4-25-2006 by Ord. No. 06-17; 7-10-2007 by Ord. No. 07-35]
D.
Townhouses, at a maximum density of 10 units per acre, or 12 units per acre if an existing building on the property is preserved and converted to residential use.
[Added 7-10-2007 by Ord. No. 07-35[1]]
E.
Municipal facilities, subject to Planning Board site plan review.
F.
Senior citizen housing, subject to the requirements for multifamily housing.
[Added 5-26-1998 by Ord. No. 98-17]
§ 347-54 Permitted conditional uses.
The following conditional uses may be permitted in the R-3 Garden Group Zone:
A.
Conversion of existing one-family dwellings to provide two dwelling units for the use of two families, provided that:
(1)
The size and arrangement of the dwelling units is adequate under the United States Department of Housing and Urban Development Minimum Property Standards, Volume 1 (1973), Chapter 4.
[Amended 6-24-1980 by Ord. No. 80-41]
(2)
Adequate arrangements are made for off-street parking and driveways so as not to create a substantial adverse effect on the residential character of the site or adjoining properties.
(3)
The lot frontage is at least 50 feet and the lot size is at least 5,000 square feet.
(4)
Access to all dwelling units within a converted building shall be provided by a common entrance situated in the wall of the building facing the street on which the lot has frontage.
B.
An existing principal residential building may be converted to provide more than two dwelling units for use by more than two families, provided that the entire building when so converted shall comply with all requirements of the Building Code of the Township of Montclair[1] which are applicable to newly constructed multifamily dwellings in the R-3 Zone; and provided, further, that:
(1)
The floor area of each dwelling unit, measured from the inside of the building walls and exclusive of stairs, basements, utility rooms and porches, shall be not less than 800 square feet.
(2)
The principal building on a lot shall occupy not more than 1/4 of the ground area of the lot.
(3)
Buildings converted for occupancy.
[Repealed 6-24-1980 by Ord. No. 80-41]
(4)
The ground coverage of the building, exclusive of open porches, garages or any other area not within the area occupied by normal living quarters, shall be not less than 1,250 square feet; the area of the lot on which the building is erected shall not be less than 15,000 square feet within 150 feet of the front street line; and the density shall not be greater than 24 units per acre.
(5)
Fire escapes or stairway leading to the second or any higher floor shall be completely enclosed within the building walls.
(6)
The interior design and arrangement of the dwelling units shall be consistent with United States Department of Housing and Urban Development Minimum Property Standards, Volume 2 (1973), Chapter 4.
[Amended 6-24-1980 by Ord. No. 80-41]
(7)
Access to all dwelling units within a converted building shall be provided by a common entrance situated in the wall of the building facing the street on which the lot has frontage.
C.
Private and public schools, under the conditions in § 347-12.
[Amended 6-24-1980 by Ord. No. 80-41]
D.
[2]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]
[2]
Editor's Note: Former Subsection D, dealing with doctor's offices in a principal building, was repealed 6-8-1982 by Ord. No. 82-21.
E.
Boarding and rooming houses, provided that:
(1)
Adequate space and facilities are provided for the proposed uses in accordance with the United States Department of Housing and Urban Development Minimum Property Standards, Volume 2 (1973), Chapter 4.
[Amended 6-24-1980 by Ord. No. 80-41]
(2)
Adequate off-street parking space is provided for the use of projected occupants of the building as demonstrated by the applicant. Any off-street parking facilities proposed shall be suitably arranged and provided with landscaped screening so as not to substantially affect the residential character of the adjoining properties.
F.
Boarding homes for sheltered care, subject to the following:
G.
Nursing homes, subject to the following conditions:
(1)
The lot area shall be not less than 20,000 square feet.
(2)
Adequate off-street parking shall be provided as required under § 347-101, suitably arranged and provided with landscaped screening so as not to substantially affect the character of adjoining properties.
(3)
The entire sides and rear of the property, where deemed necessary by the Board, shall be screened from adjoining residential uses.
(4)
Where it is proposed to convert a structure originally designed and built for another use, the structure must be adaptable to the proposed use, with consideration to public health and safety.
(5)
The Board shall determine the appropriateness of the location of the use in regard to the nature and intensity of the use, nearness of the building to adjoining lots and residential uses, access to the lot from the street or streets and the need for and probable economic viability of the proposed use.
(6)
The use, if granted, will not substantially injure or detract from the principal use of the adjacent properties or be a substantial detriment to the character of the neighborhood.
J.
Assisted-living facilities are permitted as a principal use, subject to the following conditions:
[Added 5-26-1998 by Ord. No. 98-17]
(1)
The maximum density shall be 32 units per acre.
(3)
Site plan approval shall be required.
(4)
The maximum height shall be three stories or 35 feet.
(5)
The setback-to-height ratio for the front and rear yards shall be no less than one to one. The minimum side yard setback shall be equal to 1/2 the building height.
(6)
The applicant shall provide evidence of a license issued by the New Jersey State Department of Health pursuant to N.J.A.C. 8:36-1 through 8:36-16.
(7)
The maximum impervious surface coverage shall be 70%.
(8)
The maximum building coverage shall be 20%.
§ 347-55 Permitted accessory uses.
§ 347-56 Lot size requirements.
A.
For new one- and two-family dwellings, the minimum lot frontage shall be 60 feet and the minimum lot size 6,000 square feet. (See § 347-54A for requirements for conversions of existing buildings.)
B.
For new multifamily dwellings, the minimum lot frontage shall be 75 feet, and the minimum lot size 12,000 square feet.
[Amended 6-24-1980 by Ord. No. 80-41]
C.
For conditional uses other than conversions to more dwelling units, minimum lot size and frontage shall be subject to individual determination by the Planning Board, but in no case shall the lot frontage be less than 60 feet or the lot size less than 6,000 square feet.
D.
For townhouses, the minimum lot size shall be 20,000 square feet, and the minimum lot frontage shall be 100 feet.
[Added 7-10-2007 by Ord. No. 07-35]
§ 347-57 Bulk requirements.
[Amended 9-22-1987 by Ord. No. 87-54; 11-29-2005 by Ord. No. 05-60A; 4-25-2006 by Ord. No. 06-17; 7-10-2007 by Ord. No. 07-35; 2-7-2023 by Ord. No. O-22-23]
A.
For one- and two-family dwellings and all other permitted buildings, except townhouses and new multifamily dwellings, and for all conditional uses when a new building or enlargement of an existing building is proposed, the bulk requirements shall be as specified as for the R-1 Zone in § 347-45.
B.
For new multifamily dwellings, the following requirements shall apply:
(1)
Maximum building height and number of stories.
(a)
The maximum building height shall be 40 feet. No dwellings or parts of dwellings, except for storage and utilities areas, shall be located more than two feet below the adjoining general grade level, with light wells not counted as part of the adjoining grade level.
(b)
Maximum number of stories: 2 1/2.
(2)
The minimum front yard setback shall be 40 feet, except that where the average setback of existing buildings within 200 feet and within the same block front and zone is less than 40 feet, the average setback so determined shall apply, down to a minimum of 30 feet. A corner lot and through lot shall provide such required minimum front yard for each street frontage.
(3)
The minimum side yard setback shall be 18 feet, except that where buildings extend for a length of more than 80 feet along the side line, section or sections over 80 feet in length shall have a minimum setback of 30 feet, and if there is more than one building section with a length of up to 80 feet with a minimum setback, these sections shall be separated by a distance of at least 50 feet.
(4)
The minimum rear yard setback shall be 40 feet.
(5)
The principal building or buildings shall not occupy more than 20% of the ground area of the site, and the maximum impervious coverage shall not exceed 65% of the ground area of the site.
(6)
No principal building shall be designed or occupied by more than 24 families.
(7)
No building shall exceed 160 feet in length at its longest dimension.
(8)
No wall of a principal building fronting on a street shall exceed 100 feet in length.
(9)
All multifamily buildings shall provide not less than two exterior exposures for each family unit, the same properly pierced by windows or other openings so as to provide through ventilation or cross ventilation for the unit.
(10)
Distance between buildings.
(a)
The minimum distance between principal buildings shall be the average height of such buildings at the point where the buildings are nearest to each other, except that the minimum distance between the ends of buildings shall be 20 feet.
(b)
The minimum width of a court shall be 45 feet, and the depth of a court shall not exceed its width.
(c)
The minimum distance between a principal building and a one-story accessory building shall be 20 feet.
(d)
The minimum distance between two accessory buildings shall be 10 feet.
(e)
At the inner angles of a court, the distance between windows of bedrooms, living rooms and kitchens shall be not less than 12 feet, measured diagonally across the court.
(11)
All areas not covered by buildings, parking areas or walkways shall be suitably landscaped and improved for maximum outdoor living use, including gardens and recreation areas, where appropriate.
C.
For townhouses, the following requirements shall apply:
(1)
Maximum building height and number of stories.
(a)
The maximum building height shall be 35 feet. No dwellings or parts of dwellings, except for storage and utilities areas, shall be located more than two feet below the adjoining general grade level, with light wells not counted as part of the adjoining grade level.
(b)
Maximum number of stories: 2 1/2.
(2)
The minimum front yard setback shall be the average setback of the existing buildings on two adjacent properties on both sides of the subject property, with a minimum setback of no less than 30 feet. A corner lot and a through lot shall provide such required minimum front yard for each street frontage.
(3)
The minimum side yard setback shall be 18 feet, except that where buildings extend for a length of more than 80 feet along the side line, a section or sections over 80 feet in length shall have a minimum setback of 30 feet, and if there is more than one building section with a length of up to 80 feet with a minimum setback, these sections shall be separated by a distance of at least 50 feet.
(4)
The minimum rear yard setback shall be 40 feet.
(5)
The principal building or buildings shall not occupy more than 20% of the ground area of the site.
(6)
No building shall exceed 100 feet in length at its longest dimension.
(7)
The minimum width of each townhouse unit shall be 20 feet.
(8)
All townhouses shall provide not less than two exterior exposures for each family unit, the same properly pierced by windows or other openings so as to provide through ventilation or cross-ventilation for the unit.
(9)
The maximum number of adjoining townhouse units in a row shall be five.
(10)
Distance between buildings.
(a)
The minimum distance between principal buildings shall be 25 feet.
(b)
The minimum width of a court shall be 45 feet, and the depth of a court shall not exceed its width.
(c)
The minimum distance between a principal building and a one-story accessory building shall be 20 feet.
(d)
The minimum distance between two accessory buildings shall be 10 feet.
(e)
At the inner angles of a court, the distance between windows of bedrooms, living rooms and kitchens shall be not less than 12 feet, measured diagonally across the court.
(11)
The maximum impervious surface coverage for townhouse projects shall be 50%.
(12)
All areas not covered by buildings, parking areas or walkways shall be suitably landscaped and improved for maximum outdoor living use, including gardens and recreation areas, where appropriate.
§ 347-58 Garages and off-street parking areas.
A.
Garages may be located under principal buildings, provided that at least half the height is below the adjoining grade level, or, where in separate structures, may be up to 10 feet in height and shall not be located nearer than 60 feet to the front street line of the properties nor less than 10 feet from any adjoining property line.
B.
Garages may be erected in any part of a rear yard, a side yard or court where no portion of the roof is higher than the first level of the principal building and the garage roof is designed for use as an open terrace or a principal yard space.
C.
Except as provided in Subsections A and B, garages shall be grouped in motor courts enclosed on all sides except for necessary driveway entrances and exits. No garage building shall be located nearer than 60 feet to the front street line of the property nor less than 10 feet from any adjoining property line.
D.
No accessory structure nor any off-street parking area, whether or not within a garage, shall be located between the main building or buildings and the curb of the street on which the building or buildings front; and in no case shall such accessory structure, off-street parking or driveways be located within six feet of any principal building, except where the accessory structure, driveway or parking area extends to or into a garage located in the principal building and all accessory structures, driveways and parking areas shall be set back at least three feet from the property lines, except at driveway entrances.
[Amended 1-20-1981 by Ord. No. 81-1]
E.
Garages for one- and two-family dwellings shall follow the height and setback requirements as specified for garages in the R-1 One-Family Zone.
[Added 7-25-2006 by Ord. No. 06-43]