Montclair Moves Forward On ‘Accessory Dwelling Unit’ Ordinance

MONTCLAIR, NJ — The Montclair Town Council voted in favor of a reintroduced ordinance earlier this week that would allow for “accessory dwelling units” (ADUs) in the township.

Accessory dwelling units are an old concept that has seen new life in recent years. The idea is simple: create a second, smaller dwelling attached to a single-family house, which can be rented out to tenants or used in other ways.

The concept of ADUs in Montclair was previously discussed at a symposium in June 2022 (watch the video here).

If it gets final approval from the council, Ordinance O-22-27 would amend Montclair Code Chapter 347 (Zoning) to permit accessory dwelling units as an accessory use for one and two-family dwellings in the R-O, R-O(A), R-1 and R-2 Zones (read the full text below).

According to Councilman Peter Yacobellis, who voted in favor of the revamped ordinance, here are some key details:

• Permits ADUs for one and two-family dwellings (three families have been removed)
• The property owner must live in the primary structure or the ADU
• One off street parking space must be provided
• An ADU must be between 300 and 800 square feet in size (ADUs that are fully handicap accessible allowed up to 5% larger)
• There can only be one ADU per lot
• Short-term rentals of less than six months are not permitted
• Must harmonize with the existing architectural and landscaping character

The revamped ordinance was approved on first reading Tuesday.

Councilwoman Lori Price Abrams – who helped to spearhead the ordinance – said it was crafted with the input of the Montclair Planning Board. She added that it will help with diversity and affordability of housing “in small pockets around town.”

“I’m proud that we moved this through,” Price Abrams said.

During Tuesday’s meeting, Councilman David Cummings, who voted against the ordinance, said he was concerned about some aspects of it, including the price points of the new housing.

“Is there a way to keep the rent to a reasonable amount?” Cummings asked.

“I think it’s not regulated officially,” Price Abrams replied. “But the idea is that by virtue of them being small, that they would be more affordable than other housing … it’s modest, and therefore the rent should be commensurate.”

Yacobellis said that to qualify, homes would need to be owner-occupied, which would automatically exempt them from the town’s rent control law.

Watch a video of the Jan. 24 meeting below, cued to the discussion about ADUs.

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