Montclair Municipal Code Ch. 11.76 Administrative Adjustments

It is the intent and purpose of this chapter to provide for the granting of administrative adjustments or minor exceptions to the development standards of this Code by the Community Development Director in those cases where such minor deviations or exceptions are warranted by practical difficulties, unnecessary hardships, or results that without the administrative adjustment may be inconsistent with the general intent of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1930)

The Community Development Director may grant an administrative adjustment for the following requests upon receipt of a complete application in accordance with procedures set forth in this chapter:

A. Fence, wall or hedge over 42 inches in height within or on the required side yard on the street side of a reversed corner lot as prescribed under Section 11.38.050(N)(1) of this title;

B. Fence or structure over 6 feet in height to enclose a tennis court or other game area located within the rear one-half of the lot as prescribed under Section 11.38.050(N)(2) of this title;

C. Fence, wall or hedge not greater than 8 feet in height on or within all rear and side property lines and on or to the rear of all front yard setback lines in special circumstances prescribed under Section 11.38.050(N)(4) of this title;

D. Construction of patios on residential lots within small-lot (SL) zoned areas, open on at least two sides and having a minimum rear yard setback of 5 feet;

E. Other minor deviation from the required yard areas, building coverage, open space, building separation, building height and size of accessory structure by not more than 10 percent of the minimum or maximum requirements of the development standards under any residential zones;

F. Keeping of exotic animals within residential zones as specified under provisions of Section 11.18.030(C)(5) of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1931)

A. The applicant for an administrative adjustment shall have on file with the Department of Community Development a complete application on a form furnished by the City, including all appropriate scaled drawings and detailed description of the request to be considered.

B. In the case of an administrative adjustment request for the keeping of exotic animals within residential zones as qualified under Section 11.76.020(F) of this chapter, the applicant shall also submit a signed statement by the County Health Officer that the keeping of such animals will not be detrimental to the health, safety and welfare of the abutting property owners and that the keeping of such animals is not in any way inconsistent with any federal, State or local laws regulating and protecting rare, endangered or extinct species.

C. An administrative adjustment review fee shall also be accompanied with the application in an amount determined by resolution of the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1932)

A. Within 10 working days from the acceptance of the application for administrative adjustment which is deemed complete, the Director of Community Development shall conduct a full review of the request to ensure compliance with the general intent of this Code and that the necessary findings can be met. Such review may include site inspection, notification of and consultation with abutting property owners, various City departments or outside agencies.

B. The Director of Community Development shall notify the applicant of the decision, in writing, within 40 days from the acceptance of a completed application.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1933)

No administrative adjustment shall be granted unless the Director of Community Development makes the following four findings:

A. Because of special circumstances applicable to the subject property, that the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by properties in the vicinity under an identical zone classification;

B. That such administrative adjustment is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the vicinity and under the exact zone classification;

C. That the granting of the administrative adjustment will not be materially detrimental to the public welfare; and

D. That the granting of the administrative adjustment is not contrary to the adopted General Plan.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1934)

A. The Director of Community Development may attach conditions of approval deemed necessary to mitigate the appearance or potential impact of any structures or uses as permitted under the administrative adjustment procedure and to safeguard the public safety, health and welfare.

B. In the case of approval for keeping of exotic animals, additional conditions shall be imposed subjecting the adjustment to automatic revocation should the animals become a valid and verified nuisance due to noise, odor etc., or if the animal(s) becomes a danger to the neighborhood.

(Prior code § 9-4.1935)

A. A time limit of six months, or a shorter period if deemed necessary by the Director of Community Development, shall be imposed on each administrative adjustment granted by the Director after the effective date thereof. If the privilege is not utilized within such time, this authorization shall be void and any privileged permit granted hereby shall be deemed to have lapsed. The Director, however, shall have the authority to extend the time limit for a maximum of an additional 60 days for good cause upon submittal of written request and time extension fee equaling one-half of the original filing fee for administrative adjustment at least 10 days prior to the expiration date.

B. The privileges of an administrative adjustment shall lapse and become null and void if the adjustment is abandoned for a period of six months or more.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1936)

A. Any aggrieved person may appeal the decision of the Director of Community Development in conjunction with approval, conditional approval, or denial of an administrative adjustment application to the Planning Division within 10 days after the Director's decision in accordance with the provisions of this title and said appeal shall be accompanied by an appeal fee, which shall be one-half of the original filing fee.

B. Any such appeal shall stay the administrative adjustment proceedings until resolution by the Planning Commission.

C. The Planning Commission, upon receipt of the appeal, shall conduct a hearing within 40 days. The appellant and the abutting property owners shall be notified of the hearing at least 10 days prior to the hearing date.

D. The Planning Commission may, upon conducting its own investigation of the evidence presented at the hearing, affirm, reverse, or modify in whole or in part any decision or requirement of the Director of Community Development. The decision of the Planning Commission shall be final.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1937)

No application concerning the administrative adjustment provisions of this chapter for the same property, which application has been recommended for denial by the Director of Community Development and/or the Planning Commission on appeal, shall be received or processed by the City within 12 months after such denial.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1938)