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Montclair City Zoning Code

ARTICLE IX

OR-3 Garden Apartment and Office Building Zone

§ 347-59 Permitted principal uses.

The following principal uses are permitted in the OR-3 Garden Apartment and Office Building Zone:
A. 
Uses permitted in the R-3 Garden Group Zone.
B. 
Business offices and professional offices, excluding banks.
[Amended 12-19-2006 by Ord. No. 06-72]
C. 
Senior citizen housing, subject to the requirements for multifamily housing.
[Added 5-26-1998 by Ord. No. 98-17]
D. 
Small cell wireless facilities pursuant to the bulk requirements of § 347-17.3.
[Added 12-17-2024 by Ord. No. O-24-35]

§ 347-60 Permitted conditional uses.

[Amended 12-22-1981 by Ord. No. 81-59]
The following conditional uses may be permitted in the OR-3 Garden Apartment and Office Building Zone:
A. 
Same as in the R-3 Garden Group Zone.
B. 
Residential use mixed with business offices and professional offices as described in § 347-59B, subject to the following conditions:
(1) 
Building facades and front yard areas shall have a residential appearance.
(2) 
Residential uses shall not be permitted on the first floor, and all regular and emergency accessways to residential uses shall be enclosed within the exterior walls of the building.
(3) 
Off-street parking shall be equal to that required for either the residential or the nonresidential use, whichever is greater, as specified in § 347-101 of this chapter.
C. 
Museums, subject to the following conditions:
[Added 10-18-1988 by Ord. No. 88-65]
(1) 
Minimum lot size shall be one acre.
(2) 
Minimum off-street parking for assembly areas shall be as follows:
(a) 
With fixed seating: one space per three seats.
(b) 
With no fixed seating: one space per 20 square feet of net floor area.
(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. 
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.
(2) 
Off-street parking shall be provided pursuant to § 347-101 of this chapter.
(3) 
Site plan approval shall be required.
(4) 
Maximum height and number of stories.
[Amended 4-25-2006 by Ord. No. 06-17]
(a) 
The maximum height shall be 35 feet.
(b) 
Maximum number of stories: three.
(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%.

§ 347-61 Permitted accessory uses.

The following accessory uses are permitted in the OR-3 Garden Apartment and Office Building Zone:
A. 
Same as in the R-3 Garden Group Zone, except that for office buildings no accessory uses shall be permitted outside such buildings, except outdoor automobile parking.
B. 
Outdoor and indoor parking facilities are permitted as accessory uses. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the OR-3 Zone. However, it may not be used to fulfill a parking requirement for such other uses.
[Added 1-17-1984 by Ord. No. 84-1]

§ 347-62 Lot size requirements.

Lot size requirements shall be the same as in the R-3 Garden Group Zone, except that for new office buildings, minimum lot frontage shall be 75 feet and minimum lot size 12,000 square feet, and for conversions of existing buildings to office use, lot size shall meet this requirement or shall be sufficient to accommodate driveways and required off-street parking, as determined by the Planning Board.

§ 347-63 Impervious surface requirements.

[Added 4-19-1988 by Ord. No. 88-16]
Impervious surfaces shall not exceed 70% of the lot area.

§ 347-64 Height and setback of principal structures.

The height and setback of principal structures shall be the same as specified for principal structures in the R-3 Garden Group Zone, except that for office buildings the following requirements shall apply:
A. 
Maximum height and number of stories.
[Amended 9-22-1987 by Ord. No. 87-54; 4-25-2006 by Ord. No. 06-17]
(1) 
Height: maximum 35 feet.
(2) 
Maximum number of stories: two.
[Amended 7-25-2006 by Ord. No. 06-43]
B. 
Front yard: same as for multifamily dwellings in the R-3 Garden Group Zone.
C. 
Side yards: minimum 20 feet.
D. 
Rear yard: minimum 25 feet.
E. 
Lot coverage: maximum 40%.
F. 
Distance between buildings. If there is more than one building on a site, the minimum distance between such buildings shall be 25 feet.

§ 347-65 Height and setback of accessory structures; parking areas and driveways.

Height and setback of accessory structures and parking areas and driveways shall be the same as for the R-3 Garden Group Zone, except that for office buildings as permitted in the OR-3 Zone, no off-street parking area shall be located within a required front yard; no parking area or driveways shall be located within three feet of the building, unless located within or under the building; and the minimum setback for parking areas and driveways from the property lines shall be three feet, except at driveway entrances.