Montclair Municipal Code § 11.80.010 Required for all development other than additions to existing R-1 Zone uses

No person shall commence any use and no building permit shall be issued for any structure to be used for or in conjunction with any such use until a Precise Plan of Design covering the parcels to be so used shall be approved as provided in this title, and then such rise may be commenced and such building permit may be issued only in accordance with such specific, approved Precise Plan of Design, including the terms and conditions thereof.

(Prior code § 9-5.101)

Such Precise Plan of Design shall specify and include:

A. The location, size, height and type of all structures, including signs, walls and fences;

B. The location, size and dimensions of all yards and setbacks and all spaces between structures;

C. The location, dimensions, and method of improvement of all driveways, parking areas, walkways, and means of access, ingress and egress;

D. The location, dimensions, and methods of improvement of all property to be dedicated to the public or to public utilities;

E. The general nature of the proposed use;

F. A detailed plan of landscaping showing the location, dimensions, and method of irrigation for all areas to be landscaped;

G. The location, dimensions and layout of all areas to be used for parking;

H. The elevations of all buildings proposed for construction, showing the general design, architectural features, and building materials; and

I. The location and design of all lighting within the proposed development area except that which is within any building.

(Prior code § 9-5.102)

Any such Precise Plan of Design may be adopted, rejected, modified and adopted, or adopted subject to conditions. Any such Precise Plan of Design after adoption may be amended in the same manner as a Precise Plan of Design is first adopted.

(Prior code § 9-5.103)

A. In the approval or rejection of a Precise Plan of Design, consideration shall be given and restrictions shall be imposed by the Planning Commission in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this title. The standard restrictions imposed in the various zones relating to the subjects set forth in Section 11.80.020 of this chapter are intended as the minimum restrictions necessary in normal circumstances to prevent a substantial depreciation of property values in the vicinity, unreasonable interference with the use and enjoyment of property in the vicinity the occupants thereof for lawful purposes, and the protection of the public peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the case of a permitted use upon a lot of normal size and shape surrounded by property in the same zone as the lot in question.

B. If the proposed Precise Plan of Design would substantially depreciate property values in the vicinity, or would unreasonably interfere with the use for enjoyment of property in the vicinity by the occupants thereof for lawful purposes, or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove such objections.

C. In addition to the foregoing grounds of rejection, the Planning Commission or City Council, as the case may be, may also consider and take into account the exterior architectural design, general exterior appearance, landscape, color, texture of surface materials and exterior construction, shape and bulk, and other physical characteristics, including the location and type of public utility facilities, and, if it is found that the proposed Precise Plan of Design, including the considerations enumerated, would interfere with the orderly development of the City, such Precise Plan of Design shall be rejected or shall be so modified or conditioned before adoption as to remove such objections.

(Ord. 99-791 Exh. A (part); prior code § 9-5.104)

The application for the approval of a Precise Plan of Design, or an amendment thereof, shall be made in such form as the Planning Commission shall prescribe. The applicant shall submit to the Planning Department nine copies of all the information set forth in Section 11.80.020 of this chapter at least 11 working days before the application is to be considered at a regular meeting of the Planning Commission. A fee shall accompany the application pursuant to the procedures set forth in Section 11.08.010 of this title.

(Prior code § 9-5.105)

A. A Precise Plan of Design may be approved and adopted subject to the granting of a change of zone variance, a conditional use permit, or the approval of a final subdivision map, and the Planning Commission or Council may require a Precise Plan of Design to be submitted prior to the granting or recommendation of a zone change, variance, or use permit.

B. Prior to the issuance of any building or occupancy permit, the owner, and anyone applying on his/her behalf, shall agree, in writing, to meet and abide by all the conditions and requirements imposed.

(Ord. 99-791 Exh. A (part); prior code § 9-5.106)

An applicant may appeal the decision of the Planning Commission to the Council by filing an application for an appeal, showing wherein the Planning Commission erred, within 10 days after the decision of the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-5.107)

No person shall violate or fail to comply with the adopted Precise Plan of Design or any conditions or provisions thereof; nor shall a building permit be issued for any structure which would violate or fail to comply with any adopted Precise Plan of Design for the parcels on which such structure is to be located.

(Prior code § 9-5.108)

The Precise Plans of Design referred to in this title are not to be confused with, or considered to be, precise plans as referred to in the Government Code of the State.

(Prior code § 9-5.109)

The duration of the Precise Plan of Design shall be one year from the date the Precise Plan of Design becomes effective. If construction is commenced within this one-year period and construction is being pursued diligently toward completion, the Precise Plan of Design shall stay in full force for another one-year period. The Planning Commission may, upon application, extend the time limit in the case of unavoidable delay.

(Prior code § 9-5.110)