Montclair Municipal Code § 11.50.110 Landscaping

Uses which provide a business or service to the occupants of a motor vehicle without the occupants alighting from the motor vehicle, or where the occupants alight from the motor vehicle for quick service at or within a structure, present a variety of unique development problems.

It is the intent of this chapter to provide a means whereby the Planning Commission may review individual development proposals in relation to specific sites and consider the effect of the use upon adjacent properties and businesses and impose reasonable conditions or modify existing Code requirements in order to best solve the problems presented by these uses.

(Prior code § 9-6.200)

Buildings shall be set back from property lines in accordance with the requirements of the zone in which the use is located. Where the Planning Commission determines that the best interests of the City and/or adjacent development or property will be best served, and the intent of this chapter will be complied with, a lesser or greater setback may be established.

(Prior code § 9-6.201)

Each drive-in business shall be located on a lot having an area of not less than 15,000 square feet. If the Planning Commission determines that a site of lesser area, because of the proposed plan of development and arrangement of facilities, will meet the intent of this chapter, the Planning Commission may permit a modification of the minimum area requirement.

(Ord. 99-791 Exh. A (part); prior code § 9-6.202)

Every drive-in business shall be subject to all parking requirements applicable to the zone in which such use is located in addition to complying with the following:

A. On-site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces.

B. Automobile restaurants shall provide a minimum of two parking spaces for each 100 square feet of gross floor area.

C. The provisions of Section 11.66.010 of this title and the various requirements of this chapter notwithstanding, if the Planning Commission has determined that the intent of this chapter will be best served, the Planning Commission may impose a greater or permit a lesser number of parking spaces.

(Ord. 99-791 Exh. A (part); prior code § 9-6.203)

Each developed site shall not have more than two accessways to any one street except that the Planning Commission shall have the right to prescribe additional requirements if it is deemed necessary that a change in the location and number of accessways will reduce the possibilities of traffic hazards.

(Ord. 99-791 Exh. A (part); prior code § 9-6.204)

The following shall regulate activities on any drive-in business site:

A. Vehicles. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees, and other service vehicles. No vehicles may be parked on the premises and offered for sale, lease or rent.

B. Public Telephones. Public telephone facilities shall be located within the main building. Freestanding telephone booths shall not be permitted. Enclosed telephone booths or open telephone stations which are located in or on the exterior walls or surfaces may be permitted if their design is integrated with and compatible to the architecture of the building.

(Prior code § 9-6.205)

Signs shall comply with the following requirements:

A. Signs shall contain only such subject matter which refers to the name of the establishment or to the type or general category of goods and services sold on the premises on which the sign is located.

B. The total area of signs, inclusive of all monument, menu board, and building signs on the property, shall not exceed one and one-half square feet of sign area for each linear foot of property frontage. Corner lots shall use only one street frontage to determine maximum sign area.

C. The maximum area of any single sign shall not exceed 60 square feet.

D. One monument sign not to exceed an area of 60 square feet shall be permitted.

E. The maximum height of monument signs shall not exceed 10 feet.

F. The Planning Commission shall have the discretion of limiting the number of monument signs on any parcel to no more than one; or in the case of reduced setback to freestanding building, not granting any monument sign to any parcel.

G. All provisions for sign application, review, approval and permits listed under Chapter 11.72 of this title shall be complied with.

H. Sign design standards for all signs relating to drive-in businesses shall be in accordance with provisions under Chapter 11.72 of this title.

I. All provisions for sign regulations of window signs, temporary signs, neon signs, exempt and prohibited signs relating to drive-in businesses shall be in accordance with Chapter 11.72 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.206)

Masonry (brick, block, slumpstone, adobe, etc.) walls shall be required on all exterior property lines to a minimum height of 5 feet and a maximum height of 6 feet. Such height shall be reduced to a minimum of 36 inches and a maximum of 42 inches within any front-yard setback. If access to an alley or other adjacent use is permitted, such wall shall be reduced to the 36-inch minimum and 42-inch maximum height for a distance of 10 feet on each side of such entrance. The height, material and color of the wall shall be approved by the Planning Department.

(Ord. 99-791 Exh. A (part); prior code § 9-6.207)

All lighting, except within the building, shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves of buildings, or recessed within screening walls, or at ground level within the landscaped areas. All lighting shall be arranged and shielded so as to eliminate glare and reflection. Performance specifications shall accompany the Precise Plan of Design. If, because of unusual circumstances, freestanding lighting is permitted, top-mounted pole lights generally mushroomed in character shall be required and shall be so situated and shielded to not direct or reflect lighting on adjacent properties, buildings, or public rights-of-way. Freestanding lights shall generally be limited to a height of 18 feet.

(Ord. 99-791 Exh. A (part); prior code § 9-6.208)

Buildings shall be so designed that the architectural theme will reflect time most recent thinking in good design. Innovative designs may be permitted provided the same can be shown to be an asset to the area under consideration and will not cause other structures and property in the local environment to materially depreciate in appearance and value. To accomplish the desired architecture, the use of native stone, brick, exposed aggregate, or similar materials on the exterior of the building is encouraged.

(Prior code § 9-6.209)

A. Landscaped areas which are a minimum of 15 feet in width shall be required along all street frontages (except at drive or pedestrian access locations), and all such planted areas shall be contained within a planter backed up by an ornamental masonry wall (brick, stone, or similar material) of not less than 36 inches nor more than 42 inches in height. The material used for the construction of such raised planters shall be the same as that used on the exterior of the building or other related materials as approved by the Planning Commission.

B. One 15-gallon on-site tree shall be provided within the general area of the main structure. Such tree shall be contained within a raised planter of not less than 12 inches in height. A ground cover and such other plants as deemed necessary shall also be provided within such planter.

C. Additional peripheral planting areas having a minimum width of 5 feet shall be required along the interior side and rear property lines. Such planting areas shall contain trees of at least 6 feet in height; the size of the containers for such trees shall be at least 15 gallons. Such trees shall be spaced a maximum of 20 feet apart on center.

D. An automatic sprinkling system providing 100 percent irrigation to all planted areas shall be installed; hose bibs shall not be acceptable.

E. If the Planning Commission determines that, because of the proposed plan of development, the arrangement of facilities, particular site problems, or other similar matters, the proposed landscaping plan and facilities will meet the intent of this section, the Planning Commission may waive or modify the requirements accordingly.

(Ord. 99-791 Exh. A (part); prior code § 9-6.210)

All electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary lines of such property, be installed underground. Risers on poles and buildings shall be permitted and shall be provided by the developer or owner onto the pole which provides service to such property. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner shall be responsible for complying with the requirements of this section, and he/she shall make the necessary arrangements with the utility companies for the installation of such facilities.

For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets, and concealed ducts in an underground system, may be placed aboveground.

(Ord. 99-791 Exh. A (part); prior code § 9-6.211)

All restrooms shall be located toward the rear of the building. Entrances shall be screened from the view of adjacent properties or street rights-of-way by solid decorative screening and/or landscape materials.

(Prior code § 9-6.212)

All deliveries made to drive-in businesses located on sites adjacent to residential zones shall be between the hours of 7:00 a.m. and 10:00 p.m.

(Prior code § 9-6.213)

All merchandise, wares and crates in the form of temporary and permanent storage, displays, or goods offered for sale shall be within the building except as otherwise provided in this section.

(Prior code § 9-6.214)

A fully enclosed trash area shall be provided and constructed of a material which shall be in harmony with the architecture of the building. The height of all such enclosures shall be determined by the Planning Commission. Provisions for adequate vehicular access to and from such areas for the collection of trash and garbage shall be provided.

(Prior code § 9-6.215)

If the Planning Commission determines it is necessary or desirable in order to protect nearby properties or uses to provide for the general public safety or welfare, it may establish restrictions or the permitted hours of operation. Such restrictions may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Prior code § 9-6.216)

If practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the Planning Commission may grant a variance therefrom upon such terms and conditions as it deems necessary. Such variances shall be in harmony with the general purposes and intent of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

To grant a variance, the provisions of Chapter 11.82 of this title shall be complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-6.217)