ADU rules in Montclair

The ADU definition expressly includes a detached unit or a unit that is part of an accessory structure such as a detached garage, and ADUs are 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. Detached ADUs must comply with the accessory structure requirements of the applicable zone and Code section 347-22, except that their length or width may not exceed 40 feet in any one direction.

The ADU definition includes a unit that is part of an expanded or remodeled dwelling, and ADUs are a permitted accessory use on lots with one- and two-family dwellings in the R-O, R-O(a), R-1 and R-2 zones. An attached ADU must use complementary exterior materials and colors and harmonize with the neighborhood, and for new construction its external entrance may not face the same street as the principal dwelling's entrance if visible from the street.

Living area is defined as interior habitable area including basements and attics but excluding garages and accessory structures; the permissible ADU size is based on the primary dwelling unit, defined as the original unit in a one-family home or the larger unit in a two-family home.

Either the ADU or the primary dwelling unit must be the primary domicile of the person(s) or entity that owns the property; for a two-family home the owner's primary domicile must be one of the dwelling units or the ADU. The owner must file an annual affidavit of continued compliance by January 1 each year or the ADU certificate of occupancy is automatically revoked within 30 days, with fines for continued occupancy. On transfer of title the new owner must apply for a certificate of continued use within 60 days.

Stated as a flat standard with no waiver or proximity-to-transit exception in the section text.

ADUs are a permitted accessory use in the eligible zones, approved administratively by the Zoning Officer through a zoning permit application; the Zoning Officer must schedule a meeting within 10 business days of a complete application and render a final decision within 10 business days after that meeting. Denials are appealable to the Zoning Board of Adjustment within 45 days. A deed notice must be filed with Essex County before a certificate of occupancy is issued, and construction must commence within two years of approval.

The six-month minimum tenancy is a condition of ADU approval in section 347-8D(12); the lease-copy requirement is part of the construction and inspection procedure; separate sale is barred under the transfer provisions.