[Added 7-29-1980 by Ord. No. 80-44]
No building shall be erected or altered and
no land shall be used for any purpose other than a purpose permitted
in the zone in which such building or land is located. No building
or part of a building shall be erected or altered, except in conformity
with the regulations herein prescribed for the zone in which such
building is located.
[Added 10-4-2011 by Ord. No. O-11-51]
A. Christmas trees. The Zoning Officer may issue a zoning permit to
any business or nonprofit organization for the sale of Christmas trees
and/or wreaths under the following conditions:
(1)
The location of such sale shall occur in a commercial zone and
shall be limited to six weeks, including any time necessary to set
up the sales area.
(2)
The business or nonprofit organization shall provide the Zoning
Officer with a sketch indicating the location on the property where
the sale is to be conducted and must show any other ancillary outdoor
activity on the property that will be held in conjunction with the
sale.
(3)
In the event electricity or some other power source is needed
in conjunction with the sale, the Zoning Officer shall be informed
of this fact, and the nonprofit organization must apply to the Construction
Code Official for an appropriate permit prior to the installation
of an electrical supply or other power source.
(4)
The Zoning Officer is empowered to impose any reasonable conditions
on the issuance of the permit that are consistent with protecting
the public health, safety and welfare, including but not limited to
restricting the location, duration of the sale, ingress and egress
to the premises, traffic patterns and flow on the property.
B. Vestibules and storm enclosures. The Zoning Officer may issue a zoning
permit for the temporary installation of vestibules and storm enclosures
within the public right-of-way under the following conditions:
[Amended 1-19-2016 by Ord. No. O-15-043]
(1)
Vestibules and storm enclosures shall not be erected for a period
of time exceeding six months in any one year.
(2)
Vestibules and storm enclosures shall not encroach more than
three feet nor more than 1/4 the width of the sidewalk beyond the
street lot line to maintain a four-foot pedestrian passageway unobstructed
by trees, light poles, trash receptacles, parking meter posts, planters
and similar structures.
(3)
Temporary entrance awnings shall be erected with a minimum clearance
of seven feet to the lowest portion of the hood or awning where supported
on removable steel or other approved noncombustible support.
(4)
Vestibules and storm enclosures are only permitted to cover
the public entrance doors for eating and drinking establishments.
(5)
Applicants are solely responsible to design doors and vestibules
that comply with American with Disabilities Act and Uniform Construction
Code regulations.
(6)
No permit shall be issued unless the applicant has posted in
advance a certificate of insurance listing the Township as an additional
insured.
[Amended 7-29-1980 by Ord. No. 80-44; 2-21-2023 by Ord. No. O-22-27]
A. Purpose and intent. The Montclair Township Council finds and declares
that the purpose of this section is to:
(1) Provide citizens with the opportunity to retain their homes, age
in place, and create adaptive living environments for people living
with disabilities.
(2) Increase the supply of attainable housing within developed properties
while putting minimal pressure on Township services such as schools
and infrastructure.
(3) Integrate these housing units, subject to the terms described herein,
within existing neighborhoods, respecting the character of the neighborhood.
(4) Provide flexible housing options for residents, in keeping with the
goals of the Master Plan, that respond to changing family needs, smaller
households, and increasing housing costs.
(5) Codify the requirements and process to ensure that existing accessory
dwelling units are legal and meet the Township's safety codes.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ACCESSORY DWELLING UNIT (ADU)
A residential living unit on the same parcel as a one- or
two-family dwelling with complete independent living facilities, including
a kitchen and bathroom, for one or more persons. It may take various
forms: a detached unit; a unit that is part of an accessory structure,
such as a detached garage; or a unit that is part of an expanded or
remodeled dwelling.
LIVING AREA
The interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
PRIMARY DWELLING UNIT
The original living unit in a one-family home and the larger
living unit in a two-family home. The permissible size of an ADU will
be based on the size of the primary dwelling unit.
ZONING OFFICER
The local official who is responsible for processing and
approving or denying applications to develop ADUs.
C. Where permitted. ADUs shall be a permitted accessory use on lots
containing one- and two-family dwellings in the R-O, R-O(a), R-1 and
R-2 Zone Districts.
D. Standards. One ADU shall be permitted on a lot located in the R-O,
R-O(a) R-1 and R-2 Zones in the Township. The Zoning Officer must
find that the following conditions have been met:
(1) Either the ADU or the primary dwelling unit shall be the primary
domicile of the person(s) who or entity that own(s) the property.
In the case of a two-family home, the primary domicile of the owner
must be one of the dwelling units or the ADU.
(3) In no case shall the ADU's living area be more than 40% of that of
the primary dwelling unit, up to a maximum of 800 square feet, nor
less than 300 square feet, and no more than three rooms, excluding
the kitchen and bathroom.
(4) Detached ADUs shall comply with the requirements for accessory structures in the applicable zone district and the requirements of Montclair Code §
347-22.
(5) All ADUs shall comply with existing Township ordinances, zoning ordinances,
and the New Jersey Uniform Construction Code (UCC).
(6) There shall be no more than one ADU per lot.
(7) The ADU shall be used only for residential purposes for one family. ("Family" is defined in §
347-2, Definition of terms.)
(8) For adaptive reuse projects, ADUs that are fully handicapped accessible
under New Jersey's Barrier Free Subcode shall be granted an increase of 5% of the total maximum
floor area allowed for the ADU.
(9) For new construction, adherence to the New Jersey Barrier Free Subcode
is required.
(10)
An ADU that is attached to the principal one- or two-family
dwelling shall utilize complementary exterior materials and colors
as the principal single-family dwelling. The ADU shall harmonize with
the architectural and landscaping character of its neighborhood.
(11)
With respect to new construction, the external entrance to the
ADU shall not face the same street as the external entrance to the
principal dwelling unit if such external entrance to the ADU is visible
from the street.
(12)
A minimum rental term of six months is required for tenants.
(13)
At least one off-street parking space shall be provided for
an ADU.
(14)
No window in an ADU that faces another residential property
may be located within six feet of a property line.
E. Procedures.
(1) A new ADU may not be created nor can an existing ADU be legalized
until the Zoning Officer determines that it meets the following requirements
for designation:
(a)
An application for a zoning permit on a form prescribed by the
Montclair Township Department of Planning and Community Development
is submitted with pertinent data, such as the names and addresses
of the owners and an identification, by street number and lot and
block designation, of the residence involved.
(b)
For detached ADUs and ADUs that involve construction of an addition,
the application shall be accompanied by a recent survey of the property,
prepared by a licensed engineer or land surveyor, depicting the boundaries
of the lot and all existing structures and improvements on the property.
Older surveys are acceptable for attached ADUs.
(c)
The application shall also be accompanied by a proposed floor
plan which shall be drawn by a licensed architect or engineer, if
reasonably required by the Construction Official, depicting all proposed
interior and exterior changes to the residence and ADU, including
the relation of the ADU to the primary dwelling unit, the location
of any proposed additional exterior doors, and any proposed modifications
to the existing sanitary disposal system or water lines. All proposed
changes and/or additions must comply with the Uniform Construction
Code (UCC).
(d)
Within 10 business days after the application for an ADU is
deemed complete, the Zoning Officer shall schedule a meeting with
the applicant. Within 10 business days from the meeting with the applicant,
the Zoning Officer shall render a final decision and notify the applicant
by regular mail and email whether the proposed ADU may be deemed permitted.
(2) All ADUs must file a deed notice with Essex County clearly indicating
the presence of the ADU and the limitations of its use. A certificate
of occupancy cannot be issued until the deed notice is filed.
(3) If the Zoning Officer approves the proposed ADU, the applicant must
commence construction within two years of the Zoning Officer's determination
or the Zoning Officer may revoke the permit. An applicant unable to
commence construction of an ADU within two years of the Zoning Officer's
determination may appeal to the Zoning Officer for an extension of
time for one year for good cause shown.
(4) If the Zoning Officer denies the proposed ADU, the applicant may
appeal the decision of the Zoning Officer to the Township Zoning Board
of Adjustment within 45 days of the receipt of the denial from the
Zoning Officer. Thereafter, the appeal shall be deemed untimely.
(5) Construction of the ADU.
(a)
The applicant constructing an approved ADU must comply with
all existing procedures established by the Building Office and the
Department of Planning and Community Development regarding applications,
permits, fees, and inspections, except that the applicant must schedule
a final inspection with the Construction Official and the Fire Official
within 20 days of when construction of the ADU is complete. A copy
of the lease must be provided if the ADU is being rented.
(b)
The Construction Official and Fire Official shall conduct a
physical inspection of the primary dwelling unit and the ADU to determine
whether the construction complies with the terms on which the approval
was given. If the Construction Official and Fire Official determine
that the construction complies with Township ordinances and the Uniform
Construction Code, (s)he shall issue a certificate of occupancy for
the ADU upon the payment of a fee based on the current fee schedule
for such issuance. If the construction does not comply with the terms
of the approval, within 48 hours the applicant shall be sent written
notification describing the noncompliance. The applicant may cure
the noncompliant items and submit proof of compliance to the Construction
Official and the Fire Official for reconsideration.
(6) Owner's annual affidavit of continued compliance.
(a)
On or before January 1 of every year, starting with the first
January following the issuance of the initial certificate of occupancy
for an ADU, the owner to whom the certificate of occupancy was issued
shall file an affidavit in the form prescribed by the Montclair Township
Department of Planning and Community Development stating that there
has been no change in the conditions upon which the ADU was originally
approved.
(b)
If the owner fails to file the affidavit as herein required,
the certificate of occupancy issued for the ADU shall automatically
be revoked within 30 days, and the Construction Official shall so
notify the owner and the tenant, if any, in writing, of the revocation.
(c)
Any continued occupancy of the ADU following notice of revocation
of the certificate of occupancy shall subject the owner to a fine
of $250 for the first 30 days in which the ADU continues to be occupied.
Thereafter, the fine shall be up to $100 per day for each day that
the ADU continues to be occupied, subject to a maximum of $3,000 for
each subsequent thirty-day period following the first month.
(d)
The certificate of occupancy for the ADU may be reinstated once
the required affidavit is filed and approved by the Department of
Planning and Community Development.
(7) Transfer of the property lot.
(a)
If the owner of the property in which an ADU is permitted transfers
title to the property, the new owner shall apply, as herein, for a
certificate of continued use of the ADU upon the terms and conditions
contained herein. Such new application shall be filed within 60 days
of the transfer of the property.
(b)
Upon the Construction Official determining that there have been
no changes in condition, the Construction Official shall issue a new
certificate of continued use for the ADU upon the payment of a fee
based on the current fee schedule for such issuance.
(c)
An ADU may not be sold independent of the primary residence.
(d)
When listing the property for sale with an approved ADU, the
owner of the property shall disclose to all prospective buyers that
the property contains an approved ADU. The Township shall confirm
same on the certificate of continued use.
(8) Inspections. Before the certificate of occupancy for the ADU is granted,
the Construction Official and Fire Official shall have the right to
conduct inspections to determine compliance with the provisions of
this section.
[Added 3-4-2014 by Ord. No. O-14-007]
Group homes, as defined in §
347-2, are prohibited in all single-family residential zone districts.
[Amended 6-24-1980 by Ord. No. 80-41; 6-9-1981 by Ord. No. 81-31]
The occupancy and continued use of carriage
houses in all residential zones as one-family dwellings prior to January
23, 1978, shall be permitted to be continued. The establishment or
reestablishment of carriage houses as single-family residences shall
be permitted in any residential zone as a conditional use subject
to the following:
A. The carriage house is on the same property as the
original principal dwelling.
B. The property has a minimum area of 20,000 square feet
and a minimum width of 150 feet.
C. Residential use of the carriage house shall not be
permitted on the first floor.
D. The minimum habitable floor area for conversions shall
be 500 square feet.
E. The gross floor area of the carriage house shall not
be expanded, except that dormers may be added to provide additional
light, ventilation and access.
F. At least four on-site parking spaces, two of which
shall be enclosed, shall be available for use by occupants of the
carriage house and principal dwelling.
Use of church premises is subject to the following:
A. A church may maintain on its premises such activities
affiliated with said church as are reasonably related to traditional
church use, such as but not limited to worship services, religious
education programs, church social activities and such similar organizations
or functions, all of which are hereby expressly deemed to be accessory
uses.
B. A church may also maintain on its premises the following
nonaccessory uses, provided that notice in writing is sent to the
Construction Code Official within 30 days prior to commencement of
such use, and further provided that they do not otherwise violate
use regulations:
(1) Schools for teaching of the arts, such as music, dancing,
sculpture, painting or similar cultural form.
(2) Child day-care centers in compliance with applicable
local and state regulations.
(3) Performing arts, including theater, music and dance.
(4) Such other similar civic or community-oriented activities
which are conducted not-for-profit, provided that they comply with
applicable local and state regulations.
[Amended 6-24-1980 by Ord. No. 80-41; 4-3-1990 by Ord. No. 90-18; 1-27-1998 by Ord. No. 98-1; 3-14-2006 by Ord. No.
05-73]
A. Private and public schools of elementary and high
school grade not operated for profit, schools for children with special
needs which are operated for profit and customary accessory uses are
permitted in the R-O, R-O(a), R-1, R-2, R-3, OR-3, R-4, OR-4 and P
Zones, as a conditional use, subject to the following conditions:
(1) The aggregate site area of the school, in addition
to the area of the site covered by buildings, shall not be less than
250 square feet per student.
(2) The total area of building space used for classrooms,
exclusive of auditorium, gymnasium or similar areas for assembly purposes,
shall have an average of not less than 28 square feet per student.
(3) The property on which the school is located shall
have a minimum lot size of 1.75 acres and a minimum street frontage
of 300 feet.
(4) The lot shall have frontage on a street having a paved
width of at least 35 feet.
(5) No building on the property shall exceed the height
limitations of the zoning district.
(6) There shall be two separate driveways, each providing
ingress and egress to the school, and the driveways shall be separated
by at least 150 feet. No driveway shall open into a street or road
within 200 feet of an intersection of such street or road with another
street or road.
(7) All buildings shall have a minimum side yard setback
of 50 feet, a minimum rear yard setback of 100 feet and a minimum
front yard setback in compliance with the requirement of the zoning
district.
(8) All outdoor play areas shall be set back a minimum
of 50 feet from any street or property line.
(9) On-site parking shall be provided at the rate of one
space for every full-time or full-time equivalent staff member or
employee, and one space for every four students eligible to drive.
Visitor parking shall be provided at the rate of two spaces per elementary
and intermediate classroom.
(10)
The maximum permitted impervious surface coverage
shall be 70%.
(11)
The sum of all areas covered by all principal
and accessory buildings shall not exceed 25% of the area of the lot.
(12)
Parking areas and driveways shall be set back
at least 15 feet from property lines, with the intervening areas landscaped
to provide an effective visual screen at the time of planting.
(13)
A parking study shall be submitted pursuant to Subsection
B below which shall conclude that the roadways and intersections leading to and from the site are capable of handling the expected traffic demands generated by the school. In assessing the capacity of such roadways and intersections to handle the expected traffic demands to be generated by the school, the traffic report shall apply "Level of Service C," as defined in the "Highway Capacity Manual" published by the Transportation Research Board, Washington, D.C.
B. Site plan approval shall be required for all schools
subject to this chapter, which approval may be granted upon review
of a completed site plan, including (unless waived by the Planning
Board or Board of Adjustment) a traffic study prepared by a licensed
professional engineer which assesses existing traffic conditions,
projected traffic volumes and distribution patterns, a landscaping
plan providing for adequate screening and buffers, a parking plan
with designated loading and unloading areas, and an adequate on-site
play area for students under the age of 10. If the Planning Board
or Board of Adjustment recommends improvements in the public right-of-way,
Township Council approval of the recommendations shall be required
and the cost of such improvements shall be paid by the property owner
on a pro rata basis in accordance with N.J.S.A. 40:55D-42 and applicable
Township ordinances.
Vending machines may be installed in residential
and residential-office zones only under one of the following conditions:
A. If located wholly within and accessible only from
within a building for the sole use of residents and occupants of the
building.
B. Upon explicit authorization by the Planning Board
to provide a service but not to vend a product or an amusement, provided
that the Planning Board shall find that the installation is desirable
for the convenience of the community and that it meets all requirements
for vending machines in C Zones.
C. Within any nonconforming commercial or industrial
building, provided that they meet all requirements for vending machines
in C Zones.
Vending machines may be installed in the N-C,
C-1 and C-2 Zones under the following conditions:
A. Within a building, provided that all times when an
attendant is not present said building shall be lighted from within
in such manner that from the nearest street there is a clear and uninterrupted
view of the entire interior portion thereof which is open and accessible
to the public.
B. Other than within a building, only provided that the
following requirements are met:
(1) All parts of the installation, including any booth
or housing, shall be so located that no operation, maintenance or
servicing will take place on or from any public street or municipal
parking lot or plaza; provided, however, that the Township Engineer
may waive this requirement in any case in which he or she finds that
the location is such that no interference will be caused to either
street or pedestrian traffic.
(2) No part of the installation is closer to the sidewalk
or street than the average distance therefrom of buildings or structures
on the same side of the street within 200 feet of such installation
or construction, including buildings and structures on the property
affected.
(3) The approach to the machine is paved and unobstructed
and occupies the entire area from the front of the installation to
any street, parking lot or other public place from which the installation
has access. If the front of an installation does not face a street,
parking lot or other public place, there shall be an unobstructed
space not less than 25 feet in depth on the same lot between the front
face of the installation and the nearest property line, building or
structure which is opposite the face of the installation, which open
space shall extend without interruption from the point of such installation
most remote from the street, parking lot or other public place from
which access is had to said installation to said street, parking lot
or other public place.
(4) The height of the machine or booth in which it is
installed is not in excess of 10 feet and there are end walls and
a back wall extending the full height of the machine and a complete
roof.
(5) The height of the machine is substantially the same
as the height of every other vending machine in any group of machines
of which the installation is or will be a part, and the front face
of the machine forms a generally continuous surface with the fronts
of any such other machines.
(6) Adequate lighting is mounted in the lower surface
of any overhanging shelter and all lighting is so arranged that the
source of illumination is not visible beyond 10 feet from the installation
at a height greater than seven feet from the ground.
(7) Adequate lighting is provided between the installation
and the street, parking lot or other public place from which public
access is had to such installation.
C. Under any conditions acceptable in a residential zone, as specified in §
347-13.
[Amended 10-1-1991 by Ord. No. 91-44]
A. The Planning Board may grant a conditional use so as to permit the rental of automobiles, vans and trailers, hereinafter referred to as "rental units," on the premises of a motor vehicle service station if, after a public hearing pursuant to Chapter
202, Land Use Procedures, the Board finds that the following conditions are met:
(1) The area of the lot of the motor vehicle service station
is no less than 10,000 square feet.
(2) The area proposed for outdoor parking and storage
of rental units will not exceed 10% of the lot not covered by buildings
and other structures or include any area restricted to another use.
(3) The parking area or areas for rental units will be
located on the lot in a way that will not create dangerous impediments
to traffic visibility or result in interference with normal traffic
flow onto, within or from the lot.
(4) Rental units shall not be parked in any portion of
the lot set aside for required off-street parking.
(5) Parking or storage space for rental units shall be
on a hard-surface area marked by clearly visible boundaries, and rental
units parked or stored outdoors shall be within such boundaries except
when being serviced.
(6) The application, if granted, shall not have any substantial
adverse effect upon the neighborhood.
B. For the purpose of this chapter, rental units shall
be limited to:
(1) Utility trailers of the type and size normally towed
by passenger cars, or similar type of vehicle for which the gross
weight and the load (as determined by the New Jersey State Motor Vehicle
Division for establishment of a license fee is not in excess of 2,000
pounds.
(2) Automotive passenger vehicles.
(3) Vehicles normally referred to as a "van" or "pickup,"
the rated maximum gross vehicle weight of which does not exceed 8,000
pounds.
No earth, rock, gravel or topsoil shall be removed
from any lands in any zone without the permission of the Planning
Board, except as hereinafter provided:
A. Earth, rock, gravel and topsoil may be moved by the
owner or occupant of land, or adjoining land in common ownership,
to another part of the same land owned or occupied by him or her.
B. The owner or developer of a subdivision or development,
the map of which has been approved by the Planning Board, shall not
be prohibited by this section from removing any earth, rock, gravel
and topsoil from the right-of-way of a proposed street or road shown
on such map in the construction or building of such street or road.
C. In the construction of any structure or building,
the owner or builder thereof shall not be prohibited by this section
from removing earth, rock, gravel and topsoil coming from the excavations
made for such structure or building and which earth, rock, gravel
and topsoil the Construction Official deems surplus materials and
not necessary for such structure or building or the lands whereon
erected.
[Added 7-7-1998 by Ord. No. 98-27]
A. Purpose.
(1)
Advances in wireless telecommunications technology
have resulted in a new generation of telecommunication services. These
new services transmit electromagnetic waves of such a frequency and
power that will likely require additional antenna locations. These
antennas may be located on buildings, water towers and other similar
structures. This requires that the Township of Montclair regulate
these wireless communication system facilities in a different manner
than conventional television and radio transmission towers which are
able to transmit their signals at much greater distances.
(2)
The intent of this section is to comply with
all applicable regulations of the Federal Telecommunications Act of
1996 and to provide regulation for the establishment and or expansion
of wireless telecommunication services within the Township of Montclair
while protecting neighborhoods and minimizing the adverse visual and
operational effects of wireless telecommunications facilities through
careful design, siting and screening. More specifically, this regulation
has been developed in order to:
(a)
Encourage the utilization of existing structures,
such as tall buildings, bell towers and municipal structures, to mount
and install wireless telecommunications antennae and equipment.
(b)
Minimize the location of facilities in visually
sensitive areas.
(c)
Encourage creative design measures to camouflage
facilities.
(d)
Protect historic and residential areas from
potential adverse impacts of communication equipment.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated.
ANTENNA
A device used to receive or transmit electromagnetic waves.
Examples include but are not limited to whip antennas, panel antennas
and dish antennas.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings,
public pathways, trails or bicycle paths.
WIRELESS TELECOMMUNICATION SERVICES
A licensed wireless telecommunication service, including
but not limited to cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized
radio (ESMR), paging and similar services that are marketed to the
general public.
WIRELESS TELECOMMUNICATION SITE
A facility operated by a licensed wireless telecommunication
service provider which consists of the equipment and structures involved
in receiving or transmitting electromagnetic waves associated with
wireless telecommunication services.
C. Location preferences.
(1)
The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in Subsection
C(1)(a) through
(c) below, in order of preference:
(b)
Buildings in the C1, C2 and NC Zones.
(c)
Bell towers, institutional facilities and structures
which exceed 60 feet in all residential and office/residential zones.
(2)
Exemptions. Equipment used for the following
purposes is hereby specifically exempted from the requirements of
this section. However, all other applicable sections do apply:
(c)
Public safety operations, including but not
limited to communications for the federal, county, state or municipal
government.
(3)
Application process.
(a)
Municipal structures. The installation and operation
of wireless telecommunications antennas and equipment mounted on municipal
structures shall only require administrative review from the Planning
Department. Approval shall be given subject to the following conditions:
[1]
The applicant shall provide a report prepared
by a qualified and licensed professional engineer indicating the existing
structure or building's structural integrity to accept the antenna
and equipment and the proposed method of affixing the antenna to the
structure. Complete details of all fixtures and couplings and the
precise points of attachment shall be indicated.
[2]
All wireless telecommunications equipment shall
be painted or otherwise colored to minimize the equipment's visible
impact.
[3]
All accompanying equipment buildings or boxes
shall be screened from view in the public right-of-way.
[4]
All appropriate building permits are received.
[5]
All appropriate lease and sublease agreements
have been received and signed by the Township Manager or Mayor.
(4)
C-1, C-2 and NC Zones. The installation and
operation of wireless telecommunications antennas and equipment shall
be a conditional use in the C-1, C-2 and NC Zones subject to the following
conditions:
(a)
Documentary evidence shall be presented regarding
the need for a additional wireless telecommunications antennas in
the Township of Montclair. This information shall identify the telecommunications
network layout and coverage areas to demonstrate such need within
the Township.
(b)
All wireless telecommunications equipment shall
be painted or otherwise colored to minimize the equipment's visible
impact.
(c)
The height of the antenna shall not exceed the
top of the parapet wall, penthouse or chimney to which it is attached.
[Amended 11-26-2002 by Ord. No. 02-52]
(d)
All accompanying equipment buildings or boxes
shall be screened from the public view and shall not exceed the maximum
height for a principal building in the zone.
[Amended 4-3-2012 by Ord. No. O-12-23]
(5)
RO, R1, R2, R3, R4, OR3 and OR4 Zones. The installation
and operation of wireless telecommunications antennas and equipment
shall be a conditional use in the RO, R1, R2, R3, R4, OR3 and OR4
Zones, subject to the following conditions:
(a)
The building or structure which the wireless
telecommunications antenna and equipment is mounted on measures in
height a minimum of 60 feet, such as a bell tower, apartment building
or institutional facilities.
(b)
Documentary evidence, from a licensed engineer,
shall be presented regarding the need for a additional antennas in
the Township of Montclair. This information shall identify the telecommunications
network layout and coverage areas to demonstrate such need within
the Township.
(c)
All wireless telecommunications equipment shall
be painted or otherwise colored or camouflaged to minimize the equipment's
visible impact.
(d)
The height of the antenna shall not exceed the
top of the parapet wall, penthouse or chimney to which it is attached.
[Amended 11-26-2002 by Ord. No. 02-52]
(e)
No changes shall be made to the height of such
structure or significantly alter its appearance.
(f)
No panel antenna shall exceed 72 inches in height
and 24 inches in width.
(g)
No dish antenna shall exceed three feet in diameter.
(h)
All accompanying equipment buildings or boxes
shall be screened from the public view and shall not exceed the maximum
height for a principal building in the zone.
[Amended 4-3-2012 by Ord. No. O-12-23]
D. Inspection, abandonment and penalties.
(1)
Every year after approval, the applicant shall
provide a report prepared by a qualified and licensed professional
engineer indicating the safety and structural integrity of the installed
telecommunications equipment and structure which they are mounted
on.
(2)
Wireless telecommunication equipment not in
use for 12 consecutive months shall be removed by the building owner.
This removal shall occur within 90 days of the end of such twelve-month
period. Upon removal the site shall be restored to its previous appearance
and where appropriate revegetated to blend with the surrounding area.
(3)
A copy of the relevant portions of a signed
lease which requires the applicant to remove the wireless telecommunications
antenna and equipment and associated facilities upon cessation of
operations at the site shall be submitted at the time of the building
permit application. A copy of relevant portions of any lease renewals
shall be provided to the Township Planning Department thereafter.
(4)
In the event that wireless telecommunications
antennas and equipment are not removed within the abandonment time
frame specified above, the wireless telecommunications antennas and
equipment may be removed by the Township and the costs of removal
assessed against the property in addition to other penalties proscribed
by the chapter for violations of the provision of this article.
[Added 8-10-2021 by Ord. No. O-21-18]
Cannabis establishments shall be permitted, pursuant to this chapter, only if the requirements of Montclair Code Chapter
110, Cannabis, and N.J.S.A. 40:48I-1 et seq., and any other applicable State of New Jersey statutes and regulations, are fully complied with.
A. No cannabis establishment shall be allowed as a home occupation as regulated in §
347-31E.
B. No cannabis establishment shall be housed in a vehicle or any movable
or mobile structure.
C. Buffer zone. The primary entrance of a cannabis establishment may
not be closer than 250 feet from the primary entrance of the nearest
pre-existing public or private K-12 school or child-care center licensed
by the State of New Jersey. The buffer zone distance shall be measured
in a straight line from the geometric center of the primary entrance
of the cannabis establishment to the geometric center of the primary
entrance of the nearest pre-existing public or private K-12 school
or child-care center licensed by the State of New Jersey, unless there
is an impassable barrier within those 250 feet; in these cases, the
buffer zone distance shall be measured along the center of the shortest
publicly accessible pedestrian travel path.
D. Prohibited uses. Except as expressly permitted by this chapter and Chapter
110 of the Montclair Code, entitled Cannabis, as well as any other activity involved in the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, marijuana or cannabis products, are expressly prohibited as land uses or otherwise in the Township of Montclair.