(a)

In an RH, RT, RS, and RE district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

A one-family dwelling detached.

(2)

The taking of nontransient boarders or roomers in a one-family dwelling by an owner-occupant family resident on the premises, but not including student homes, provided there is no display or advertising on the premises in connection with such use and provided there are not more than three boarders or roomers in any one-family dwelling except that an owner occupant family resident shall mean that the individual taking in nontransient boarders or roomers has a minimum of 50% ownership by deed of the property; and further provided that if more than two boarders or roomers are taken in, rental permits are required to be applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code. In those instances in which there is more than one individual owner of a property on the deed pertaining to that property, and in which those multiple owners are not spouses owning as tenants by the entireties, said multiple owners, upon proper request, may be required to provide affidavits through the rental permit process, as provided in Chapter 17, that establish to the satisfaction of the city that minority ownership has not been created to circumvent any provision of this code.

(3)

The taking of nontransient boarders or roomers in a one-family dwelling by a nonowner occupant family resident on the premises, but not including student homes, is not a use as a matter of right, but is a conditional use, provided there is no display or advertising on the premises in connection with such use, provided there are not more than two boarders or roomers in any one-family dwelling, and provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that boarders or roomers comply with Chapter 20A, Noise, and Chapter 22, Article IX, Disorderly Conduct and Offenses Against the Public, both of this code;

c.

The owner and the agent of the owner, if any, shall be responsible for compliance with the occupancy limitations for this section as well as the occupancy limitations for particular dwellings as imposed by this code;

d.

In no instance may an owner, agent, or other person in effective control of any such one-family dwelling permit, allow, facilitate, or cause more individuals to live in such dwelling than are permitted to do so under the rental permit which applies to such dwelling.

(4)

Church or other place of worship, seminary or convent, parish house, or Sunday school building, and provided, however, that in RS districts, no lot less than 12,500 square feet shall be used for such purposes.

(5)

Public and private elementary, junior, and senior high schools.

(6)

Municipal park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(7)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(8)

Municipal sewage pumping station and sewers.

(9)

Right-of-way, street.

(10)

Swimming pool, private; swimming pool, public.

(11)

Temporary building, temporary real estate, or construction office, and temporary storage of materials provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(12)

Private garage as an accessory use, subject to the special regulations of Article XV of this chapter.

(13)

Accessory buildings or structures, no impact, and accessory uses, no impact, excluding semitrailers and similar vehicles for storage of property.

(14)

Cluster or neo-traditional types of developments including uses that may not be permitted in this district, as provided in Article XXVII, Site Plan Approval.

(15)

Utility transmission and distribution lines.

(16)

Public transportation bus or transit stops for the loading and unloading of passengers.

(17)

Student home, provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that tenants comply with applicable noise, disorderly conduct, alcoholic beverage, and other requirements of such rental permits, as stipulated in Chapter 17 of this code;

c.

The owner and owner's agent, if any, shall be responsible for compliance with the occupancy limitations set forth in this code;

d.

A student home shall be located on a lot any portion of which is no closer to any portion of another lot lawfully used for another student home than a distance determined by multiplying times 10 the required lot width for a single-family detached dwelling in the district in which the building lot is located; for purposes of this calculation, nonowner-occupant single-family detached, semidetached, and row homes with rental permits for the taking of boarders and roomers and existing on the date of adoption of this ordinance, shall be considered student homes; and

e.

A student home shall be occupied by no more than three persons.

(18)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter.

(1)

Police and fire stations, library, museum, and art gallery.

(2)

Country club, regulation golf course, including customary accessory uses subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(3)

Professional office in a residential dwelling permitted subject to the following special provisions:

a.

Professional office is permitted only for the resident-owner of a single-family dwelling.

b.

Professional occupations shall be subject to the following standards:

1.

Three off-street parking spaces in addition to those otherwise required in this chapter.

2.

No more than one person shall be employed by the practitioner of the professional occupation to provide secretarial, clerical, technical, or similar assistance.

3.

The area used for the practice of a professional shall occupy no more than 25% of the total floor area, including garages.

4.

No storage of materials or products outside the single-family dwelling unit shall be permitted unless completely housed.

5.

The profession shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

6.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

7.

No display of products or advertising shall be visible from outside the building.

(4)

Customary home occupations subject to the following special requirements in addition to all other applicable requirements of this chapter:

a.

The practice of a home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

b.

All home occupations shall be subject to the following standards:

1.

The area used for the practice of home occupation shall occupy no more than 25% of the total floor area.

2.

No storage of materials or products outside the dwelling shall be permitted unless completely housed.

3.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling shall be permitted.

5.

No display of products shall be visible from outside the building.

6.

One display sign affixed to the building not exceeding a total area of two square feet nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling shall be permitted.

7.

No employees shall be permitted in the operation of the home occupation other than two resident occupants of the dwelling.

(5)

Substation, electric, and gas facilities, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(6)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages, subject to the following special requirements:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, furnace and mechanical rooms, or other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be no less than 10,000 square feet in RH and RT districts and no less than 9,000 square feet in RS districts.

(7)

Public transportation bus or transit shelters may be permitted subject to review by the planning department as to design and location.

(8)

Public transportation bus or transit off-street parking facilities may be permitted for users of a public transportation service subject to review by the planning department.

(9)

Swimming club, private (nonprofit).

(10)

Bed and breakfast, defined as an inn, guest house, or similar commercial lodging establishment permitted only in a structure in existence at the time of this ordinance's adoption (6/26/95), subject to the following special requirements:

a.

Breakfast and tea service shall be provided for overnight guests only; no other meals shall be served.

b.

The bed and breakfast must be the lawful residence of the owner and the owner must reside on the premises at all times while such premises are being operated as a bed and breakfast establishment.

c.

The maximum number of rooms for overnight accommodations of guests shall be five.

d.

No cooking facilities shall be permitted in any of the guest rooms.

e.

No additional signage shall be permitted except for the non-illuminated wall or projecting sign, not to exceed four square feet in size.

f.

One additional off-street parking space shall be provided for each guest room in addition to the spaces specified for the existing use, except that no such additional parking shall be located in any required side yard, and all such additional parking shall be separated from all adjoining properties with a six-foot high evergreen landscape screen.

g.

The structure must meet all applicable city and state building and fire code requirements.

h.

The maximum length of stay for any guest shall be 15 consecutive days and 40 total days in any calendar year in any single bed and breakfast establishment.

i.

The minimum lot area shall be one-half acre.

j.

The owner of a bed and breakfast establishment shall maintain accurate and complete records which reflect the names, addresses, and dates of visits of all guests that stay at such bed and breakfast establishment. Upon request, such records shall be made available to the building department. The contents of such records shall be kept confidential by the building department unless it is necessary to take enforcement action resulting from a review of such records.

(11)

Accessory buildings or structures, with impact, and accessory uses, with impact, excluding semitrailers and similar vehicles for storage of property.

(12)

Agricultural, horticultural, and forest land uses, such as the growing and selling of crops, greenhouses, the raising of livestock, including but not limited to horses, chickens, sheep, and cattle, and any agricultural use or similar farm related uses.

a.

Properties must have a minimum lot size of 10 acres.

b.

Property shall be permitted to subdivide to allow no more than two interior lots lacking street frontage and having shared driveways, so long as a minimum of 10 acres is reserved for agricultural uses on a single lot having the required street frontage.

c.

For a period of two years after receiving designation, no owner or equitable owner of such lands shall be entitled to apply for subdivision approval.

(c)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any dwelling or permitted nonresidential use, together with accessory buildings, shall be as follows:

a.

RH—One-half acre.

b.

RT—15,000 square feet.

c.

RS—9,000 square feet.

d.

RE—One acre.

(2)

Maximum lot coverage. The maximum lot coverage for any building, exclusive of accessory buildings, shall be 20%, and the total maximum lot coverage, including any building, accessory buildings, and manmade improvements on the ground surface which are more impervious than the natural surface and which are used for parking and driveways, but not including swimming pools, patios, terraces, outdoor grills, and similar facilities not intended for parking, shall be 44%.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be as follows:

a.

RH—100 feet.

b.

RT—90 feet.

c.

RS—75 feet.

d.

RE—120 feet.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), (4) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance as follows:

a.

RH—40 feet.

b.

RT—30 feet.

c.

RS—25 feet.

d.

RE—50 feet.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard shall be provided on every lot and shall be as follows:

Interior lots:

a.

RH—50 feet.

b.

RT—40 feet.

c.

RS—30 feet.

d.

RE—50 feet.

Corner lots: In an RH, RT, RS, and RE district, the rear yard may be reduced 20% in depth to allow for the "skewing" of a residential dwelling on the lot.

(7)

Side Yards: Two side yards shall be provided on every lot as follows:

Interior lots:

a.

RH—15 feet with a minimum aggregate width of the two side yards of 35 feet.

b.

RT—15 feet, with a minimum aggregate width of the two side yards of 35 feet.

c.

RS—10 feet, with a minimum aggregate width of the two side yards of 25 feet.

d.

RE—15 feet with a minimum aggregate width of the two side yards of 35 feet.

Corner lots: The side yard along the interior side lot line shall have a minimum width as required above, but the width of the side yard along the street line shall be governed by the building setback requirements in this section.

(Ord. No. 70-31, Art. IV, § 7-21-70; Ord. No. 72-19, 4-24-72; Ord. No. 72-61, 11-13-72; Ord. No. 74-7, 2-25-74; Ord. No. 76-2, § 1, 1-26-76; Ord. No. 77-27, Amend. No. 1, 5-23-77; Ord. No. 78-33, Amend. No. 2, 9-11-78; Ord. No. 82-2, Amend. No. 1, 2-8-82; Ord. No. 86-32, Amend. No. 1, 7-28-86; Ord. No. 87-6, Amend. No. 1, 2-9-87; Ord. No. 91-32, Amend. Nos. 1, 2, 10-14-91; Ord. No. 95-13, Amend. No. 1, 6-26-95; Ord. No. 95-17, Amend. No. 4, 7-10-95; Ord. No. 96-22, Amend. Nos. 1, 2, 12-16-96; Ord. No. 98-14, Amend. No. 2, 6-22-98; Ord. No. 99-14, Amend. Nos. 2, 3, 8, 5-24-99; Ord. No. 99-25, Amend. No. 2, 8-23-99; Ord. No. 14-22, Amend. No. 2, 12-8-14; Ord. No. 15-18, Amend. No. 3, 9-14-15; Ord. No. 21-06, Amend. Nos. 2—8, 3-22-2021)

(a)

In an RD district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

A one-family, semidetached dwelling.

(2)

Reserved.

(3)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(4)

Cluster or neo-traditional types of developments, including uses that may not be permitted in this district, as provided in Article XXVII, Site Plan Approval.

(5)

A one-family detached dwelling.

(6)

The taking of nontransient boarders or roomers in a one-family dwelling by an owner-occupant family resident of the premises, but not including student homes, provided there is no display or advertising on the premises in connection with such use and provided there are not more than three boarders or roomers in any one-family dwelling except that an owner occupant family resident shall mean that the individual taking in nontransient boarders or roomers has a minimum of 50% ownership by deed of the property; and further provided that if more than two boarders or roomers are taken in, rental permits are required to be applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code. In those instances in which there is more than one individual owner of a property on the deed pertaining to that property, and in which those multiple owners are not spouses owning as tenants by the entireties, said multiple owners, upon proper request, may be required to provide affidavits through the rental permit process, as provided in Chapter 17, that establish to the satisfaction of the city that minority ownership has not been created to circumvent any provision of this code.

(6.1)

The taking of nontransient boarders or roomers in a one-family dwelling by a nonowner-occupant family resident on the premises, but not including student homes, is not a use as a matter of right, but is a conditional use, provided there is no display or advertising on the premises in connection with such use, provided there are not more than two boarders or roomers in any one-family dwelling, and provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this Code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that boarders or roomers comply with Chapter 20A, Noise, and Chapter 22, Article IX, Disorderly Conduct and Offenses Against the Public, both of this code;

c.

The owner and agent of the owner, if any, shall be responsible for the compliance with the occupancy limitations of this section as well as the occupancy limitations of particular dwellings as imposed by this code;

d.

In no instance may an owner, agent or other person in effective control of any such one-family dwelling permit, allow, facilitate, or cause more individuals to live in such dwelling than are permitted to do under the rental permit which applies to such dwellings.

(7)

Church or other place of worship, seminary or convent, parish house, or Sunday school building, and provided, however, that no lot less than 12,500 square feet shall be used for such purposes.

(8)

Public and private elementary, junior, and senior high schools.

(9)

Municipal park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(10)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(11)

Municipal sewage pumping station, and sewers.

(12)

Right-of-way, street.

(13)

Swimming pool, private; swimming pool, public.

(14)

Temporary building, temporary real estate or construction office, and temporary storage of materials provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(15)

Utility transmission and distribution lines.

(16)

Public transportation bus or transit stops for the loading and unloading of passengers.

(17)

Student home, provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that tenants comply with applicable noise, disorderly conduct, alcoholic beverage, and other requirements of such rental permits, as stipulated in Chapter 17 of this code;

c.

The owner and owner's agent, if any, shall be responsible for compliance with the occupancy limitations set forth in this code;

d.

A student home shall be located on a lot any portion of which is no closer to any portion of another lot lawfully used for another student home than a distance determined by multiplying times 10 the required lot width for a single-family detached dwelling in the district in which the building lot is located; for purposes of this calculation, nonowner-occupant single-family detached, semidetached, and row homes with rental permits for the taking of boarders and roomers and existing on the date of adoption of this ordinance, shall be considered student homes; and

e.

A student home shall be occupied by no more than three persons.

(18)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Nursing home, rest home, or home for the aged, subject to the following special requirements:

a.

The minimum lot area required for each four or remainder over a multiple of four, resident patients or resident guests shall be the same as the minimum lot area required for each dwelling unit in this district, provided, however, that no lot contains less than 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

c.

No more than 50 patients or resident guests shall be accommodated at one time in any one building.

(2)

If approved by the council, property in a residential zone adjacent to an area zoned "business" or "industrial" may be used for parking space as an accessory use to a business use, whether said business use be a nonconforming use in the residential zone or a business use in said adjacent area zoned "business" or "industrial".

(3)

Police and fire station, library, museum, and art gallery.

(4)

Country club, regulation golf course, including customary accessory uses subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(5)

Professional office in a residential dwelling permitted subject to the following special provisions:

a.

Professional office is permitted only for the resident-owner of a single-family dwelling.

b.

Professional occupations shall be subject to the following standards:

1.

Three off-street parking spaces in addition to those otherwise required in this chapter.

2.

No more than one person shall be employed by the practitioner of the professional occupation to provide secretarial, clerical, technical, or similar assistance.

3.

The area used for the practice of a professional shall occupy no more than 25% of the total area, including garages.

4.

No storage of materials or products outside the single-family dwelling unit shall be permitted unless completely housed.

5.

The profession shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

6.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

7.

No display of products or advertising shall be visible from outside the building.

(6)

Customary home occupations subject to the following special requirements in addition to all other applicable requirements of this chapter:

a.

The practice of a home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

b.

All home occupations shall be subject to the following standards:

1.

The area used for the practice of home occupation shall occupy no more than 25% of the total floor area.

2.

No storage of materials or products outside the dwelling shall be permitted unless completely housed.

3.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling shall be permitted.

5.

No display of products shall be visible from outside the building.

6.

One display sign affixed to the building not exceeding a total area of two square feet nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling shall be permitted.

7.

No employees shall be permitted in the operation of home occupation other than two resident occupants of the dwelling.

(7)

Substation, electric, and gas facilities, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(8)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages, subject to the following special requirements:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, furnace and mechanical rooms, or other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be no less than 6,250 square feet.

(9)

Public transportation bus or transit shelters may be permitted subject to review by the planning department as to design and location.

(10)

Public transportation bus or transit off-street parking facilities may be permitted for users of a public transportation service subject to review by the planning department.

(11)

Swimming club, private (nonprofit).

(12)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in article II and subject to the special regulations of article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(c)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any dwelling or permitted nonresidential use, together with accessory buildings, shall be 6,250 square feet for a detached or semidetached single-family use.

(2)

Maximum lot coverage. The maximum lot coverage for any building, exclusive of accessory buildings, shall be 25%, and the total maximum lot coverage including any building, accessory buildings, and manmade improvements on the ground surface which are more impervious than the natural surface and which are used for parking and driveways, but not including swimming pools, patios, terraces, outdoor grills, and similar facilities not intended for parking, shall be 50%.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 50 feet.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), (4) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 15 feet.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 20 feet shall be provided on every lot; on a corner lot in an RD district, a rear yard may be reduced 20% in depth to allow for the "skewing" of a residential dwelling on the lot.

(7)

Side yards. In an RD district, two side yards shall be provided on every interior lot, the minimum width of which shall be eight feet, and the minimum aggregate width of the two yards shall be 20 feet.

a.

On a corner lot, the side yard along the interior side lot line shall have a minimum width as required above, but the width of the side yard along the street line shall be governed by the building setback requirements in this article.

b.

Side yard provisions shall not apply to an interior unit in a row or group dwelling or to the attached side of a one-family, semidetached dwelling.

(Ord. No. 70-31, Art. IV, § 2, 7-21-70; Ord. No. 72-62, 11-27-72; Ord. No. 75-54, Amend. Nos. 1, 2, 11-10-75; Ord. No. 78-33, Amend. No. 3, 9-11-78; Ord. No. 82-2, Amend. No. 2, 2-8-82; Ord. No. 87-6, Amend. No. 2, 2-9-87; Ord. No. 91-32, Amend. Nos. 3—5, 10-14-91; Ord. No. 92-5, Amend. No. 1, 2-24-92; Ord. No. 95-17, Amend. No. 5, 7-10-95; Ord. No. 96-22, Amend. Nos. 3, 4, 12-16-96; Ord. No. 98-14, Amend. No. 3, 6-22-98; Ord. No. 99-14, Amend. Nos. 4, 5, 8, 5-24-99; Ord. No. 99-25, Amend. No. 3, 8-23-99; Ord. No. 14-22, Amend. No. 3, 12-8-14; Ord. No. 15-18, Amend. No. 4, 9-14-15)

(a)

In an RM district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Garden apartments, subject to either site plan approval as provided in Article XXVII or the following regulations:

a.

Number of dwelling units per gross acre. The maximum number of dwelling units per acre shall be 16 except as provided hereafter.

b.

The planning commission, may recommend an increase in the permitted residential densities as specified in the procedures established in Article XXVII, Site Plan Approval, of this chapter, under the following standards:

1.

For the provision of improved common open space and for distinctiveness and excellence in site layout, design, and landscaping, as approved by the department of planning, a maximum increase in dwelling unit density of 5%.

2.

For the provision of covered parking spaces designed as partial or below grade units and incorporated within a principal garden apartment building or buildings, a maximum increase in dwelling unit density of 10%.

c.

Increase in dwelling unit density, under paragraph 1 and 2 may be cumulative. If the planning commission should find that any of the following conditions would be created by an increase in residential density permitted by the preceding subsections, it may recommend either prohibiting or limiting any increase in residential density by an amount which is sufficient to avoid the creation of any of these conditions:

1.

Inconvenient or unsafe access to the planned development.

2.

Traffic congestion in the street adjoining the planned development.

3.

An excessive burden on existing parks, recreational areas, schools, and other public facilities which are intended to serve the proposed garden apartment development.

d.

Lot coverage. The maximum lot coverage shall be 20% for any lot which is to be developed for garden apartments.

e.

Number of dwelling units per building. The maximum number of dwelling units per building shall be twelve for buildings up to three stories in height.

f.

Distance between buildings or groups of attached buildings. No part of any building, or groups of attached buildings, shall be nearer than 25 feet to any other building, or groups of attached buildings, and no portion of the front or rear of any buildings, or groups of attached buildings, shall be nearer than 50 feet to the front and rear of another building or groups of attached buildings. No more than three buildings shall be attached to one another.

g.

Street frontage. The lot shall have at least 50 feet frontage along a public street.

h.

Minimum lot size. One acre.

i.

Open area. At least 40% of the lot area shall be devoted to open area.

j.

Parking and loading spaces. All uncovered parking and loading spaces shall be located at least ten feet from all abutting perimeter streets and property lines. Parking bays adjacent to interior private streets are permitted. Parking bays designed as subgrade units integral with apartment units shall be subject to the special density bonuses provision of this section.

k.

Partial or subgrade dwelling units. Partial or subgrade dwelling units are permissible provided the builder or developer agrees to sustain the cost of fee inspectors (consultants) who would in turn establish an appropriate basement grade such that there will be no danger of water seepage or excessive dampness. The builder or developer must also demonstrate that the soil at the particular location for the intended construction of subgrade units is of such type as will not cause excessive seepage or dampness. In all cases where subgrade apartments are constructed, the building basement area must be serviced by a sump and a sump pump with french drains installed around the foundation's perimeter according to instructions outlined in the building code.

(2)

One-family, semidetached dwelling.

(3)

Boarding house, rooming house, or lodging house, but excluding all forms of fraternities and/or sororities, and further provided that the minimum lot area for each eight or remainder over the multiple of eight residents, shall be the same as the minimum lot area requirements for each dwelling unit in this district.

(4)

Reserved.

(5)

Reserved.

(6)

Nursing home, rest home or home for the aged; provided that:

a.

The minimum lot area required for each four, or remainder over a multiple of four, resident patients or resident guests shall be the same, the minimum lot area requirement for each dwelling unit in this district; provided, however, that no lot contains less than 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

c.

No more than 50 patients or resident guests shall be accommodated at one time in any one building.

(7)

Reserved.

(8)

Reserved.

(9)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] article II and subject to the special regulations of article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(10)

Cluster or neo-traditional types of developments, including uses that may not be permitted in this district, as provided in Article XXVII, Site Plan Approval.

(11)

One-family detached dwelling.

(12)

The taking of nontransient boarders or roomers in any one-family dwelling by a family resident on the premises, but not including student homes, is not a use as a matter of right, but is a conditional use provided there is no display or advertising on the premises in connection with such use, provided there are not more than three boarders or roomers in any one-family dwelling, and provided that such use by a nonowner occupant family resident on the premises and an owner occupant family resident taking in more than two roomers or boarders, is permitted subject to the following requirements:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make every reasonable effort to ensure that boarders or roomers comply with Chapter 20A, Noise, and Chapter 22, Article IX, Disorderly Conduct and Offenses Against the Public, both of this code;

c.

The owner and the agent of the owner, if any, shall be responsible for compliance with the occupancy limitations of this section as well as the occupancy limitations of particular dwellings as imposed by this code;

d.

In no instance may an owner, agent, or other person in effective control of any such one-family dwelling permit, allow, facilitate, or cause more individuals to live in such dwelling than are permitted to do under the rental permit which applies to such dwellings.

(13)

Church or other place of worship, seminary or convent, parish house, or Sunday school building, and provided, however, that no lot less than 12,500 square feet shall be used for such purposes.

(14)

Public and private elementary, junior, and senior high schools.

(15)

Municipal park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(16)

Municipal tower, water storage tank, water reservoir, water pumping station and water treatment plant.

(17)

Municipal sewage pumping station and sewers.

(18)

Right-of-way, street.

(19)

Temporary building, temporary real estate or construction office, and temporary storage of materials provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(20)

Utility transmission and distribution lines.

(21)

Public transportation bus or transit stops for the loading and unloading of passengers.

(22)

One-family town or rowhouse subject to the requirements of Sections 32-13(a)(1) and 32-13(c)(1).

(23)

Student home, provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that tenants comply with applicable noise, disorderly conduct, alcoholic beverage, and other requirements of such rental permits, as stipulated in Chapter 17 of this code;

c.

The owner and owner's agent, if any, shall be responsible for compliance with the occupancy limitations set forth in this code;

d.

A student home shall be located on a lot any portion of which is no closer to any portion of another lot lawfully used for another student home than a distance determined by multiplying times 10 the required lot width for a single-family detached dwelling in the district in which the building lot is located; for purposes of this calculation, nonowner-occupant single-family detached, semidetached, and row homes with rental permits for the taking of boarders and roomers and existing on the date of adoption of this ordinance, shall be considered student homes; and

e.

A student home shall be occupied by no more than three persons.

(24)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Conversion of a one-family dwelling into dwelling units for two or more families, if such dwelling is structurally sound but too large to be in demand for one-family use, and that conversion for the use of two or more families would not impair the character of the surrounding area, subject to conformance with the following requirements:

a.

There shall be a lot area of at least 4,000 square feet for each family to be accommodated thereon.

b.

There shall be a gross floor area, computed as the sum of those areas enclosed by the outside faces of all exterior walls surrounding each story used for residence exclusive of any area for an attached private garage, of at least 1,000 square feet per family to be accommodated therein.

c.

No dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair and modernization.

d.

No addition shall extend within the front yard, side yards, or rear yard required for the district within which it is located.

e.

Fire escape and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of the building, and shall not be located on any building wall facing a street.

f.

Two off-street parking spaces shall be provided for each additional dwelling unit created.

(2)

Substation, electric, and gas facilities, provided that no storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(3)

Physicians' and dentists' offices, subject to the following special requirements:

a.

The maximum allowable number of professional practitioners shall be six with a minimum of 6,250 square feet of lot area per practitioner; "practitioner" meaning each individual physician and/or dentist using the building whether full-time or part-time.

(4)

If approved by the council, property in a residential zone adjacent to an area zoned "business" or "industrial" may be used for parking space as an accessory use to a business use, whether said business use be a nonconforming use in the residential zone or a business use in said adjacent area zoned "business" or "industrial."

(5)

Police and fire stations, library, museum, and art gallery.

(6)

Country club, regulation golf course, including customary accessory uses subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(7)

Professional office in a residential dwelling permitted subject to the following special provisions:

a.

Professional office is permitted only for the resident-owner of a single-family dwelling.

b.

Professional occupations shall be subject to the following standards:

1.

Three off-street parking spaces in addition to those otherwise required in this chapter.

2.

No more than one person shall be employed by the practitioner of the professional occupation to provide secretarial, clerical, technical, or similar assistance.

3.

The area used for the practice of a professional shall occupy no more than 25% of the total floor area, including garages.

4.

No storage of materials or products outside the single-family dwelling unit shall be permitted unless completely housed.

5.

The profession shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

6.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

7.

No display of products shall be visible from outside the building.

(8)

Customary home occupations subject to the following special requirements in addition to all other applicable requirements of this chapter:

a.

The practice of a home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

b.

All home occupations shall be subject to the following standards:

1.

The area used for the practice of home occupation shall occupy no more than 25% of the total floor area.

2.

No storage of materials or products outside the dwelling shall be permitted unless completely housed.

3.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling shall be permitted.

5.

No display of products shall be visible from outside the building.

6.

One display sign affixed to the building not exceeding a total of two square feet, nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling, shall be permitted.

7.

No employees shall be permitted in the operation of the home occupation other than two resident occupants of the dwelling.

(9)

Public transportation bus or transit shelters may be permitted subject to review by the planning department as to design and location.

(10)

Public transportation bus or transit off-street parking facilities may be permitted for users of a public transportation service subject to review by the planning department.

(11)

Swimming club, private (nonprofit).

(12)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages; provided that:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum of four feet in height.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, furnace and mechanical rooms, or other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be no less than 6,250 square feet.

(13)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(14)

Fraternity and/or sorority houses, defined for purposes of this section as dwelling units used exclusively by a society of either male or female university or college students having a Greek letter name or other designation and sharing common or professional interests, and with the appropriate approval and/or sanction from the University of Delaware or a sponsoring national fraternal organization to operate as a fraternity or sorority provided that:

a.

Notwithstanding any other provision in Chapter 32, such special use permits, as they relate to fraternity and sorority houses, may be suspended or permanently revoked at any time by a majority of council. Council may consider a suspension or permanent revocation upon a request of the mayor, a member of council within whose district the fraternity or sorority is located, or the city manager. Any suspension shall be for a time period specified by council. Suspensions and revocations shall be reviewed under the procedures in Article XX, Section 32-78, of this chapter and as set forth herein.

b.

In any proceeding to suspend or revoke a special use permit, in addition to reviewing whether a fraternity or sorority has demonstrated compliance with the factors for granting a special use permit specified in Article XX, Section 32-78 of this chapter, council may consider additional pertinent factors, including, but not limited to:

1.

A police department evaluation concerning the fraternity or sorority's compliance or non-compliance with Newark and State of Delaware ordinances and laws, and any conditions the special use permit is subject to;

2.

A code enforcement division evaluation concerning compliance with Chapter 32, Zoning, and Chapter 7, Building, as well as any applicable conditions;

3.

Any available information from the Delaware Alcoholic Beverage Control Commission;

4.

Whether the fraternity or sorority is no longer in good standing and/or no longer recognized by its national organization or the University of Delaware.

c.

When considering whether to grant a special use permit, council shall consider a written report prepared by the planning and development director, or the city manager's designee, in evaluating a special use permit request under this subsection. The planning and development director or designee may recommend, and the council may impose, additional conditions when evaluating any special use permit request under this section.

d.

If the fraternity or sorority house is adjacent to the property line of a church, library, school (other than the University of Delaware), nursing home, or hospital, issuance of a special use permit shall require five affirmative votes of council for approval.

e.

Any special use permit issued under this subsection is not transferable from one fraternity/sorority to another fraternity/sorority.

(c)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area shall be one acre with 2,725 square feet per family for garden apartments, unless certain density bonuses are granted as specified in this section. In no case shall the minimum lot area be less than 2,350 square feet per family for a garden apartment. The minimum lot area for any other permitted use, together with accessory buildings, shall be 6,250 square feet.

(2)

Maximum lot coverage. In an RM district, the maximum lot coverage for any building, exclusive of accessory buildings, shall be 30%, except that for garden apartments, the maximum lot coverage shall be as noted in this section.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 50 feet.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), (4) of this chapter, each story or part of a building exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least minimum distance of 15 feet, except that for an apartment building, each story or part of a building, exclusive of cornices, balconies, and uncovered steps and uncovered porches, shall be set back at least:

a.

30 feet from the line of all perimeter streets.

b.

25 feet from the line of all interior streets.

c.

25 feet from all exterior lot lines.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 15 feet shall be provided on every lot, except that for apartments, the minimum depth of a rear yard shall be 25 feet.

(7)

Side yards. In an RM district, two side yards shall be provided on every lot as follows:

a.

On an interior lot, the minimum width of such side yards shall be seven feet, with a minimum aggregate width of the two side yards of 15 feet, except as provided in b. below.

b.

For apartments in an RM district, the minimum side yard shall be 20 feet.

c.

In case of a building more than two and one-half stories in height, each side yard shall be not less than one-third the height of the building.

d.

On a corner lot, the side yard along the interior side lot line shall have a minimum width as required in a. above, but the width of the side yard along the street line shall be governed by the building setback requirements in this article.

e.

Side yard provisions shall not apply to an interior unit in a row or group dwelling or to the attached side of a one-family, semidetached dwelling.

(Ord. No. 70-31, Art. IV, § 3, 7-21-70; Ord. No. 72-62, 11-27-72; Ord. No. 78-33, Amend. No. 4, 9-11-78; Ord. No. 79-40, Amend. No. 1, 9-24-79; Ord. No. 82-2, Amend. No. 3, 2-8-82; Ord. No. 85-16, Amend. No. 1, 4-1-85; Ord. No. 87-6, Amend. No. 3, 2-9-97; Ord. No. 91-32, Amend. Nos. 6—10, 10-14-91; Ord. No. 95-17, Amend. No. 2, 7-10-95; Ord. No. 95-17, Amend. No. 6, 7-10-95; Ord. No. 96-22, Amend. Nos. 5, 6, 12-16-96; Ord. No. 98-14, Amend. Nos. 4, 9a, 6-22-98; Ord. No. 99-14, Amend. Nos. 6, 8, 5-24-99; Ord. No. 02-21, Amend. No. 2, 9-23-02; Ord. No. 14-22, Amend. No. 4, 12-8-14; Ord. No. 15-18, Amend. No. 5, 9-14-15; Ord. No. 20-14, Amend. No. 1, 6-22-20)

(a)

In an RA district, no building or premises shall be used and no building shall be altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

High-rise apartments, subject to either site plan approval as provided in Article XXVII or the following regulations:

a.

Lot coverage. The maximum lot coverage shall be 30% of any lot which is to be developed solely for high-rise apartments.

b.

Distance between buildings or groups of attached buildings. No part of any building, or groups of attached buildings, shall be nearer than 25 feet to any other building, or group of attached buildings, and no portion of the front or rear of any buildings, or groups of attached buildings, shall be nearer than 80 feet to the front and rear of another building, or groups of attached buildings.

c.

Street frontage. Each high-rise apartment development shall have at least 50 feet frontage along a public street.

d.

Minimum lot size. One acre.

e.

Open area. At least 40% of the lot area for high-rise apartments shall be devoted to open area.

f.

Parking and loading. All uncovered parking and loading spaces shall be devoted to open area.

g.

Side yard. The minimum side yard shall be 20 feet.

h.

Setback. Each story or part of a building, exclusive of cornices, balconies, and uncovered steps and uncovered porches, shall be set back at least 20 feet from the line of the street.

i.

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed seven stories or 80 feet.

(2)

Garden apartments, subject to either site plan approval as provided in Article XXVII or the following regulations:

a.

Lot coverage. The maximum lot coverage shall be 20% for any lot which is to be developed for garden apartments.

b.

Number of dwelling units per building. The maximum number of dwelling units per building shall be 12 for buildings up to three stories in height.

c.

Distance between buildings or groups of attached buildings. No part of any building, or groups of attached buildings, shall be nearer than 25 feet to any other building, or groups of attached buildings, and no portion of the front or rear of any buildings, or groups of attached buildings, shall be nearer than 50 feet to the front and rear of another building or groups of attached buildings. No more than three buildings shall be attached to one another.

d.

Street frontage. The lot shall have at least 50 feet frontage along a public street.

e.

Minimum lot size. One acre.

f.

Open area. At least 40% of the lot area shall be devoted to open area.

g.

Parking and loading spaces. All uncovered parking and loading spaces shall be located at least ten feet from all abutting perimeter streets and property lines. Parking bays adjacent to interior private streets are permitted.

h.

Side yard. The minimum side yard shall be 20 feet.

i.

Partial or subgrade dwelling units. Partial or subgrade dwelling units are permissible provided the builder or developer agrees to sustain the cost of fee inspectors (consultants) who would in turn establish an appropriate basement grade such that there will be no danger of water seepage or excessive dampness. The builder or developer must also demonstrate that the soil at the particular location for the intended construction of subgrade units is of such a type as will not cause excessive seepage or dampness. In all cases where subgrade apartments are constructed, the building basement area must be serviced by a sump and a sump pump with French drains installed around the foundation's perimeter according to instructions outlined in the building code.

(3)

Boarding house, rooming house, or lodging house, but excluding all forms of fraternities and/or sororities, and further provided that the minimum lot area for each eight or remainder over the multiple of eight residents, shall be the same as the minimum lot area requirements for each dwelling unit in this district.

(4)

Reserved.

(5)

Reserved.

(6)

Nursing home, rest home or home for the aged; provided that:

a.

The minimum lot area required for each four, or remainder over a multiple of four, resident patients or resident guests shall be the same as the minimum lot area requirement for each dwelling unit in this district; provided, however, that no lot contains less than 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

c.

No more than 50 patients or resident guests shall be accommodated at one time in any one building.

(7)

Reserved.

(8)

Reserved.

(9)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(10)

Church or other place of worship, seminary or convent, parish house, or Sunday school building, and provided, however, that no lot less than 12,500 square feet shall be used for such purposes.

(11)

Public and private elementary, junior, and senior high schools.

(12)

Municipal park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(13)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(14)

Municipal sewage pumping station and sewers.

(15)

Right-of-way, street.

(16)

Swimming pool, private, swimming pool, public.

(17)

Temporary building, temporary real estate or construction office, and temporary storage of materials provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(18)

Public transportation bus or transit stops for the loading and unloading of passengers.

(19)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(20)

One-family semidetached dwelling, subject to site plan approval, as provided in Article XXVII, or the applicable area regulations as specified in Section 32-10, RD district.

(21)

Duplex, dwelling, subject to the following special requirements;

a.

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area shall be 12,000 square feet.

b.

Maximum lot coverage. The maximum lot coverage for any building, exclusive of accessory buildings, shall be 25%.

c.

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 100 feet.

d.

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), (4) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 15 feet.

e.

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 20 feet shall be provided on every lot; on a corner lot a rear yard may be reduced 20% in depth to allow for the "skewing" of a residential dwelling on the lot.

f.

Side yards. The minimum side yard shall be eight feet, and the minimum aggregate width of the two yards shall be 20 feet.

1.

On a corner lot, the side yard along the interior side lot line shall have a minimum width as required above, but the width of the side yard along the street line shall be governed by the building setback requirements in this article.

(22)

One family attached dwelling such as town houses and row houses, subject to either site plan approval as provided in Article XXVII, or the applicable area regulations as specified in Section 32-13, RR district.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter.

(1)

Police and fire stations, library, museum, and art gallery.

(2)

Physicians' and dentists' offices subject to the following special requirements:

a.

The maximum allowable number of professional practitioners shall be six with a minimum of 6,250 square feet of lot area per practitioner; "practitioner" meaning each individual physician and/or dentist using the building whether full-time or part-time.

(3)

Physicians' and dentists' offices in a multifamily residential building.

(4)

Substation, electric, and gas facilities, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(5)

Public transportation bus or transit shelters may be permitted subject to review by the planning department as to design and location.

(6)

Public transportation bus or transit off-street parking facilities may be permitted for users of a public transportation service subject to review by the planning department.

(7)

Swimming club, private (nonprofit).

(8)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages; provided that:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum of four feet in height.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, furnace and mechanical rooms, or other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be no less than 6,250 square feet.

(9)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(10)

Fraternity and/or sorority houses, defined for purposes of this section as dwelling units used exclusively by a society of either male or female university or college students having a Greek letter name or other designation and sharing common or professional interests, and with the appropriate approval and/or sanction from the University of Delaware or a sponsoring national fraternal organization to operate as a fraternity or sorority provided that:

a.

Notwithstanding any other provision in Chapter 32, such special use permits, as they relate to fraternity and sorority houses, may be suspended or permanently revoked at any time by a majority of council. Council may consider a suspension or permanent revocation upon a request of the mayor, a member of council within whose district the fraternity or sorority is located, or the city manager. Any suspension shall be for a time period specified by council. Suspensions and revocations shall be reviewed under the procedures in Article XX, Section 32-78, of this chapter and as set forth herein.

b.

In any proceeding to suspend or revoke a special use permit, in addition to reviewing whether a fraternity or sorority has demonstrated compliance with the factors for granting a special use permit specified in Article XX, Section 32-78 of this chapter, council may consider additional pertinent factors, including, but not limited to:

1.

A police department evaluation concerning the fraternity or sorority's compliance or non-compliance with Newark and State of Delaware ordinances and laws, and any conditions the special use permit is subject to;

2.

A code enforcement division evaluation concerning compliance with Chapter 32, Zoning, and Chapter 7, Building, as well as any applicable conditions;

3.

Any available information from the Delaware Alcoholic Beverage Control Commission;

4.

Whether the fraternity or sorority is no longer in good standing and/or no longer recognized by its national organization or the University of Delaware.

c.

When considering whether to grant a special use permit, council shall consider a written report prepared by the planning and development director, or the city manager's designee, in evaluating a special use permit request under this subsection. The planning and development director or designee may recommend, and the council may impose, additional conditions when evaluating any special use permit request under this section.

d.

If the fraternity or sorority house is adjacent to the property line of a church, library, school (other than the University of Delaware), nursing home, or hospital, issuance of a special use permit shall require five affirmative votes of council for approval.

e.

Any special use permit issued under this subsection is not transferable from one fraternity/sorority to another fraternity/sorority.

(c)

Area regulations. The following area regulations shall apply to all uses, except for those uses otherwise regulated, which shall be subject to the area regulations specified for that use.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area in an RA district for any dwelling, together with accessory buildings, shall be 6,250 square feet.

(2)

Maximum lot coverage. In an RA district, the maximum lot coverage for any building, exclusive of accessory buildings, shall be 40%.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 50 feet.

(4)

Height of buildings. With the exception of high-rise apartments and except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2) of this chapter, each story or part of a building exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 15 feet.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2) of this chapter, a rear yard of 12 feet shall be provided.

(7)

Side yards. In an RA district, two yards shall be provided on every lot as follows:

a.

Seven feet, with a minimum aggregate width of the two side yards of 15 feet.

b.

On a corner lot, the side yard along the interior side lot line shall have a minimum width as required in this section, but the width of the side yard along the street line shall be governed by the building setback requirements in this section.

(Ord. No. 70-31, Art. IV, § 4, 7-21-70; Ord. No. 72-62, 11-27-72; Ord. No. 74-7, 2-25-74; Ord. No. 78-33, Amend. No. 5, 9-11-78; Ord. No. 82-2, Amend. No. 4, 2-8-82; Ord. No. 85-16, Amend. No. 2, 4-1-85; Ord. No. 91-32, Amend. Nos. 11—15, 10-14-91; Ord. No. 98-14, Amend. Nos. 5, 9b, 6-22-98; Ord. No. 02-21, Amend. No. 3, 9-23-02; Ord. No. 14-22, Amend. No. 5, 12-8-14; Ord. No. 15-18, Amend. No. 6, 9-14-15; Ord. No. 20-14, Amend. No. 2, 6-22-20; Ord. No. 22-24, §§ 4, 5, 12-12-22)

Editor's note— Ord. No. 14-22, Amend. No. 5, adopted December 18, 2014, enacted provisions intended for use as subsection (a)(12). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (a)(19).

(a)

In an RR district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

One family dwelling such as town houses and row houses, subject to either site plan approval as provided in Article XXVII, or the following conditions:

a.

Number of dwelling units per group. The maximum number of dwelling units per group shall be ten.

b.

Number of dwelling units per gross acre. The maximum number of dwelling units per gross acre shall be 16. Provisions for increases above the maximum allowable density shall apply under the regulations previously stated in Section 32-11(a)(1)b, c of this article.

c.

Lot coverage. The maximum lot coverage shall be 20% of the total area to be developed for group dwellings; and 40% of the individual lot area whereon the building is constructed.

d.

Distance between building groups. No part of any building group shall be nearer than 25 feet to any other building group, and no portion of the front or rear of any building group shall be nearer than 50 feet to the front and rear of another building group.

e.

Minimum size of area to be developed for group dwellings. One acre.

f.

Open area. At least 40% of the total area to be developed for group dwelling shall be devoted to open area.

(2)

Garden apartments, subject to site plan approval, as provided in Article XXVII, or the applicable area regulations as specified in Section 32-11, RM district.

(3)

Reserved.

(4)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(5)

Church or other place of worship, seminary or convent, parish house, or Sunday school building and provided, however, that no lot less than 12,500 square feet shall be used for such purposes.

(6)

Public and private elementary, junior, and senior high schools.

(7)

Municipal park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(8)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(9)

Municipal sewage pumping station and sewers.

(10)

Right-of-way, street.

(11)

Swimming pool, private; swimming pool, public.

(12)

Temporary building, temporary real estate or construction office, and temporary storage of materials provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(13)

Utility transmission and distribution lines.

(14)

Public transportation bus or transit stops for the loading and unloading of passengers.

(15)

Nursing home, rest home or home for the aged, subject to the following special requirements:

a.

The minimum lot area required for each four, or remainder over a multiple of four, resident patients or resident guests shall be the same as the minimum lot area required for each townhouse dwelling unit in this district; provided, however, that no lot contains less than 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

c.

No more than 50 patients or resident guests shall be accommodated at one time in any building.

(16)

Reserved.

(17)

The taking of nontransient boarders or roomers in any one-family dwelling by a family resident on the premises, but not including student homes, is not a use as a matter of right, but is a conditional use provided there is no display or advertising on the premises in connection with such use, provided there are not more than three boarders or roomers in any one-family dwelling, and provided that such use by a nonowner occupant family resident on the premises and an owner occupant family resident taking in more than two roomers or boarders, is permitted subject to the following requirements:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make every reasonable effort to ensure that boarders and roomers comply with Chapter 20A, Noise, and Chapter 22, Article IX, Disorderly Conduct and Offenses Against the Public, both of this code;

c.

The owner and the agent of the owner, if any, shall be responsible for compliance with the occupancy limitations of this section as well as the occupancy limitations of particular dwellings as imposed by this code;

d.

In no instance may an owner, agent, or other person in effective control of any such one-family dwelling permit, allow, facilitate, or cause more individuals to live in such dwelling than are permitted to do under the rental permit which applies to such dwellings.

(18)

One-family detached dwelling.

(19)

One-family semidetached dwelling.

(20)

Student home, provided the following requirements are met:

a.

Rental permits are applied for and issued as provided in Chapter 17, Housing and Property Maintenance, of this code;

b.

The owner or owner's agent make and continue to make reasonable efforts to ensure that tenants comply with applicable noise, disorderly conduct, alcoholic beverage, and other requirements of such rental permits, as stipulated in Chapter 17 of this code;

c.

The owner and owner's agent, if any, shall be responsible for compliance with the occupancy limitations set forth in this code;

d.

A student home shall be located on a lot any portion of which is no closer to any portion of another lot lawfully used for another student home than a distance determined by multiplying times 10 the required lot width for a single-family detached dwelling in the district in which the building lot is located; for purposes of this calculation, nonowner-occupant single-family detached, semidetached, and row homes with rental permits for the taking of boarders and roomers and existing on the date of adoption of this ordinance, shall be considered student homes; and

e.

A student home shall be occupied by no more than three persons.

(21)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Physicians' and dentists' offices, subject to the following special requirements:

a.

The maximum allowable number of professional practitioners shall be six with a minimum of 6,250 square feet of lot area per practitioner; "practitioner" meaning each individual physician and/or dentist using the building whether full-time or part-time.

(2)

If approved by the council, property in a residential zone adjacent to an area zoned "business" or "industrial" may be used for parking space as an accessory use to a business use, whether said business use be a nonconforming use in the residential zone or a business use in said adjacent area zoned "business" or "industrial".

(3)

Police and fire stations, library, museum, and art gallery.

(4)

Country club, regulation golf course, including customary accessory uses, subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(5)

Customary home occupations, subject to the following special requirements, in addition to all other applicable requirements of this chapter:

a.

The practice of a home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

b.

All home occupations shall be subject to the following standards:

1.

The area used for the practice of home occupation shall occupy no more than 25% of the total floor area.

2.

No storage of materials or products outside the dwelling shall be permitted unless completely housed.

3.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling shall be permitted.

5.

No display of products shall be visible from outside the building.

6.

One display sign affixed to the building not exceeding a total area of two square feet nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling shall be permitted.

7.

No employees shall be permitted in the operation of the home occupation other than two resident occupants of the dwelling.

(6)

Substation, electric, and gas facilities, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(7)

Public transportation bus or transit shelters may be permitted, subject to review by the planning department as to design and location.

(8)

Public transportation bus or transit off-street parking facilities may be permitted for users of a public transportation services, subject to review by the planning department.

(9)

Swimming club, private (nonprofit).

(10)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages, subject to the following special requirements:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, furnace and mechanical rooms, or other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be no less than 6,250 square feet.

(11)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(c)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any dwelling unit or permitted nonresidential use, together with accessory buildings, shall be one acre, with 2,725 square feet with two party walls in a row or group, unless certain density bonuses are granted, as specified in the procedures established in Article XXVII, Site Plan Approval, but in no case shall the minimum lot area be less than 1,545 square feet per family for a dwelling with two party walls in a row or group, 6,250 square feet for any other permitted use in an RR district.

(2)

Maximum lot coverage. In an RR district, the maximum lot coverage for any building, exclusive of accessory buildings, shall be 40%.

(3)

Minimum lot width: Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot in an RR district shall be as follows:

a.

A dwelling with two party walls in a group of three or more attached single-family dwellings in a row or group dwelling may be on a lot with a minimum width of 16 feet per unit. A dwelling with one party wall at the end of a group of three or more attached single-family dwellings in a row or group dwelling shall have a minimum lot width of 41 feet; for any other permitted use in an RR district, 50 feet.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(1), (2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), (4) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 15 feet.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e), (1), (2), (3) of this chapter, a rear yard of 12 feet shall be provided on every lot.

(7)

Side yards. In an RR district, any end unit in a row or group dwelling shall have a side yard with a minimum depth of 25 feet.

a.

In case of a building more than three stories in height, each side yard shall be not less than one-third the height of the building.

b.

All uses permitted in this district not otherwise regulated shall have a minimum side yard width of seven feet, with a minimum aggregate width of two side yards of 15 feet.

(Ord. No. 70-31, Art. IV, § 5, 7-21-70; Ord. No. 72-62, 11-27-72; Ord. No. 78-33, Amend. No. 6, 9-11-78; Ord. No. 79-28, Amend. No. 1, 6-25-79; Ord. No. 81-40, Amend. No. 1, 11-23-81; Ord. No. 82-2, Amend. No. 5, 2-8-82; Ord. No. 84-16, Amend. No. 1, 7-9-84; Ord. No. 85-16, Amend. No. 3, 4-1-85; Ord. No. 87-6, Amend. No. 4, 2-9-87; Ord. No. 91-1, Amend. No. 1, 1-14-91; Ord. No. 91-32, Amend. Nos. 1—18, 10-14-91; Ord. No. 95-17, Amend. No. 3, 7-10-95; Ord. No. 96-22, Amend. Nos. 7, 8, 12-16-96; Ord. No. 98-14, Amend. Nos. 6, 9c, 6-22-98; Ord. No. 99-14, Amend. Nos. 7, 8, 5-24-99; Ord. No. 06-24, Amend. No. 1, 9-11-06; Ord. No. 14-22, Amend. No. 6, 12-8-14; Ord. No. 15-18, Amend. No. 7, 9-14-15)

(a)

In an AC district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Adult community garden apartment dwellings subject to the following special provisions:

a.

Number of dwelling units per gross acre. The maximum number of dwelling units per gross acre shall not exceed nine.

b.

Lot coverage. The maximum lot coverage for any lot developed for adult community garden apartments shall be 20%.

c.

Distance between buildings or groups of attached buildings. No part of any building, or groups of attached buildings, shall be nearer than 25 feet to any other building, or groups of attached buildings, except that no portion of the front or rear of any buildings, or groups of attached buildings, shall be nearer than 50 feet to the front and rear of another building or groups of attached buildings.

d.

Street frontage. The lot shall have at least 50 feet frontage along a public street.

e.

Minimum lot size. One acre, with 4,840 square feet per dwelling unit.

f.

Open area. At least 40% of the lot shall be devoted to open area.

g.

Parking and loading spaces. All uncovered parking and loading spaces shall be located at least 10 feet from all abutting perimeter streets and property lines. The parking bays adjacent to interior private streets are permitted.

h.

Height of buildings. The height of an adult community garden apartment shall not exceed three stories with 35 feet, except one additional story or 46 feet shall be permitted if 60% of a floor, or a below-grade garage, within the building is utilized for off-street parking purposes.

i.

Accessory uses. In addition to the accessory uses as specified in Section 32-13.1(4), the following accessory uses constructed and managed as part of an adult community apartment building or buildings shall be permitted to provide on-site goods and services to adult community residents and their guests, but shall not be for the general public. No exterior signs shall be permitted:

1.

Retail food store not to exceed 2,500 square feet.

2.

Retail store not to exceed 2,500 square feet.

3.

Barbers and beauty shops not to exceed 2,500 square feet.

j.

Documentation. Prior to the issuance of any certificates of occupancy for an adult community, appropriate deed restrictions limiting the use of the property to adult community apartment dwellers, as defined in this chapter, shall be provided by the applicant, reviewed for compliance by the city solicitor, and recorded in the Office of the Recorder of Deeds in and for New Castle County by the city secretary.

(2)

Nursing home, rest home, or home for the aged; provided that:

a.

The minimum lot area required for each four, or remainder over the multiple of four, resident patients or resident guests shall be 2,725 square feet; provided, however, that no lot contains less than 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

(3)

Hospital.

(4)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] article II and subject to the special regulations of article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(5)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(6)

Park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(7)

Municipal sewerage pumping stations and sewers.

(8)

Right-of-way, street.

(9)

Temporary building, temporary real estate or construction office, and temporary storage of materials provided that use is located on a lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

(10)

Utility transmission and distribution lines.

(11)

Public transportation bus or transit stops for the loading and unloading of passengers.

(12)

Physicians' and dentists' offices, with the maximum allowable number of professional practitioners limited to six with a minimum of 6,250 square feet of lot area per practitioner. "Practitioner" meaning each individual physician and/or dentist using the building, whether full or part time.

(13)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Adult community high-rise apartment dwellings, subject to the following special provisions:

a.

The number of dwelling units per gross acre. The maximum number of dwelling units per gross acre shall not exceed 50.

b.

Lot coverage. The maximum lot coverage of any lot developed for adult community high-rise apartments shall be 20%.

c.

Distance between buildings or groups of attached buildings. No part of any building, or group of attached buildings, shall be nearer than 25 feet to any other building or group of attached buildings, except that no portion of the front or rear of any buildings, or groups of attached buildings, shall be nearer than 50 feet to the front and rear of another building or groups of attached buildings. No more than three buildings shall be attached to one another.

d.

Street frontage. The lot shall have at least 50 feet frontage along the public street.

e.

Minimum lot size. Two acres, with 870 square feet of lot area per dwelling unit.

f.

Open area. At least 30% of the lot shall be devoted to open area.

g.

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, a multifamily dwelling in an AC district may be erected to a height not exceeding seven stories or 80 feet. The maximum height limit may be exceeded up to 10 stories or 110 feet under the following special conditions:

1.

Within the minimum required setback, an additional floor may be permitted for each floor if 60% of the floor is used for off-street parking purposes and/or building mechanical equipment; provided, that no more than three additional floors may be allowed, and that the height of such additional floors shall not exceed an average of 11 feet each.

2.

Within the minimum required setback and yard areas, an additional floor may be permitted for each floor if 60% of the floor space is used for as an exhibition, lobby, galley, recreational area, terrace, or related facility for use of the residents and their guests; provided that no more than three additional floors may be allowed, and the height of such additional floors shall not exceed an average of 11 feet each.

An exhibition, lobby, gallery, recreational park, or related facility, or terrace may consist of:

(A)

A fully enclosed area which is intended for the use of the building occupants and contains sitting, lounge, exhibition area, retail stores, retail food stores, beauty and barber shops, and physicians or dentists offices;

(B)

An enclosed or partially enclosed area which is primarily intended to act as a transition area between residential uses and either parking and/or building mechanical equipment uses and contains either sitting or lounge areas;

(C)

An enclosed or partially enclosed area which is intended for the use of the building occupants and is devoted primarily to recreational activities; or

(D)

An open outdoor area either an upper floor located on or adjacent to the ground floor accessible to the building(s) occupants and containing sitting and/or landscaped recreational areas.

h.

Accessory uses. In addition to accessory uses as specified in Section 32-13.1(a)(4) the following accessory uses, constructed and managed as part of an adult community high-rise apartment building or buildings shall be permitted to provide on-site goods and services to adult community residents and their guests, but shall not be for the general public. No exterior signs shall be permitted:

1.

Retail food store not to exceed 2,500 square feet.

2.

Retail store not to exceed 2,500 square feet.

3.

Barbers and beauty shops not to exceed 2,500 square feet.

i.

Documentation. Prior to the issuance of any building permits for an adult community, appropriate deed restrictions limiting the use of the property to adult community apartment dwellings as defined in this chapter, shall be prepared by the applicant, reviewed for compliance by the city solicitor, and recorded in the Office of the Recorder of Deeds in and for New Castle County by the city secretary.

(2)

Substation, electric, and gas facilities, provided that no storage of materials and trucks are allowed. No repair facilities are allowed except within completely enclosed buildings.

(3)

Police and fire stations, library, museum, and art gallery.

(4)

Public transportation bus or transit shelters may be permitted subject to the review by the planning department as to design and location.

(5)

Public transportation bus or transit off-street parking facilities may be permitted for use by of a public transportation service subject to review by the planning department.

(6)

Swimming club, private (nonprofit).

(7)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(c)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use, together with accessory buildings, shall be 6,250 square feet, except for those uses otherwise regulated which will be subject to the area regulations specified for that use.

(2)

Maximum lot coverage. The maximum lot coverage for any building, exclusive of accessory buildings, shall be 30%, except for those uses otherwise regulated which shall be subject to the area regulations specified for that use.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum lot width of a lot shall be 50 feet, except for those uses otherwise regulated which shall be subject to the area regulations specified for that use.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of the building or structure hereafter erected or altered shall not exceed three stories or 35 feet except for those uses otherwise regulated which shall be subject to the area regulations specified for that use.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (3), and (4) of this chapter, each story or part of the building exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of a street in which the building fronts by at least a minimum distance of 15 feet, except that for an apartment building, each story or part of the building, exclusive of cornices, balconies, uncovered steps, and uncovered porches, shall be set back at least:

a.

30 feet from the line of all perimeter streets.

b.

25 feet from the line of all interior public streets.

c.

25 feet from all exterior lot lines.

(6)

Rear yards. Except as specified in Article XIV, Section 32-56.2(e)(1), (2), and (3) of this chapter, a rear yard of 15 feet shall be provided on every lot, except that for apartments the minimum depth of a rear yard shall be 25 feet.

(7)

Side yards. Two side yards shall be provided in every lot as follows:

a.

On an interior lot, the minimum width of side yards shall be seven feet, with a minimum aggregate width of two side yards of 15 feet, except as provided in b. below.

b.

For apartments, the minimum side yard shall be 25 feet.

c.

In the case of a building more than three stories in height, each side yard shall be not less than one-third the height of the building.

d.

On a corner lot, the side yard along the interior side lot line shall have a minimum width as required in a. above, but the width of the side yard along the street line shall be governed by the building setback requirements in this article.

(Ord. No. 91-14, Amend. No. 5, 3-25-91; Ord. No. 14-22, Amend. No. 7, 12-8-14; Ord. No. 15-18, Amend. No. 8, 9-14-15)

(a)

In an NCV district, except as otherwise stipulated in subsection (b) below, no building or premises shall be used and no building shall be erected or altered, or designed to be used, except for one or more of the uses indicated in the underlying zoning district. The NCV district shall be designated on the zoning map as an overlay district, permitting uses and development under a set of parallel special provisions, as stipulated herein; all applicable use and area provisions in the underlying zoning district shall apply to existing buildings or premises where no additional dwellings are proposed.

(b)

In an NCV district no existing building or premises shall be used, and no building erected or altered, or designed to be used for more than the existing number of dwellings in the building or on the premises as of the date of the adoption of this ordinance (June 14, 2010) except for one or more of the following uses (a mixture or combination of these uses can occur anywhere within this district):

(1)

One family detached dwelling; except that student homes shall not be permitted.

(2)

One family, semi-detached dwelling.

(3)

One family, town or row house.

(4)

Garden apartments.

(5)

High rise apartments.

(6)

Professional office and customary home occupations in a residence on ground floor locations only, with the following special provisions:

a.

Professional office and customary home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

b.

The professional office and customary home occupation shall be clearly incidental to the residential use of the dwelling.

c.

No exterior alterations inconsistent with the residential use of the dwelling shall be permitted.

d.

No more than one employee shall be employed by the practitioner or said profession or customary home occupation.

e.

One display sign affixed to the building not exceeding a total of two square feet, nor projecting more than one foot beyond the building, and not illuminated, shall be permitted.

(7)

No impact home businesses in a residential dwelling shall be permitted subject to the following special provisions:

a.

A no impact home business is permitted in a dwelling provided the person(s) so engaged is (are) a resident(s) of record in the dwelling.

b.

A no impact home business shall be subject to the following standards:

1.

The home business shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

2.

There shall be no interruption, congestion or change to the character of the surrounding area in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home business.

3.

No persons other than those residing on the premises shall be engaged or employed within the dwelling.

4.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted; there shall be no evidence of the home business visible from the street or adjacent properties.

5.

No storage of materials or products outside of the residential dwelling unit shall be permitted unless completely housed.

6.

No sign or display of products or advertising shall be visible from outside the building.

7.

Machinery and/or equipment that causes noises, vibrations, glare, fumes, odor and dust detectable at the property line is prohibited. Machinery and/or equipment that causes electrical interference with radio or television reception is also prohibited.

8.

No traffic shall be generated in greater volume than would normally be expected in the residential area. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential package delivery service.

9.

There shall be no increased demand on city services at the site as a result of the business.

10.

A City of Newark business license, accompanied by a no impact home business application and affidavit issued by the planning and development department is required and must be available for inspection.

(c)

Area regulations and other special requirements.

(1)

All permitted uses in this district shall be subject to the following design, building and procedural requirements in Article XXVII, site plan approval, of this chapter:

a.

Section 32-97, Purpose, (a)

b.

Section 32-98, Procedure, (a) through (i)

c.

Section 32-98.3, Review criteria and performance standards. (a) through (d)

(2)

All permitted uses in the district shall be subject to all other applicable municipal code standards and procedural requirements, except as modified herein, including the requirements in chapter 27, Subdivisions, and chapter 32, Zoning.

(3)

With site plan approval as stipulated in this section, the maximum number of dwelling units per gross acre shall not exceed thirty.

(4)

All permitted rental dwelling units shall be limited to occupancy by one family or up to two unrelated tenants.

(5)

Open space and parkland stipulated in Article XXV, Landscape screening and treatment, and chapter 27, Subdivisions, shall not apply to any NCV zoned property, except that the Parks and Recreation Director shall require appropriate landscape screening, landscape treatment and tree planting through the site plan approval review process.

(6)

Regarding building design, the following additional standards shall apply:

a.

Detailed elevation drawings of all proposed buildings shall be submitted including all signage; building materials; building height; the location, height and material of screening walls and fences; outdoor trash and recyclable material storage areas; and electrical, mechanical and gas metering equipment.

b.

The architectural features, materials, and articulations of building facades shall be continued on all individual facades visible from public streets and sidewalks.

c.

New structures or additions to existing structures shall not exceed four stories or 48 feet in height.

d.

Large building facades shall be designed to appear as separate buildings; in other words, buildings shall avoid long, monotonous, uninterrupted walls.

e.

All buildings shall have well-defined front facades with clearly articulated main entrances facing streets, and shall be aligned so that the dominant lines of such façades parallel the street line.

f.

Buildings at intersections or corners may employ special architectural features including corner towers, cupolas, clock towers, spires, balconies, or similar ornamental features to emphasize their location; such features may exceed the height limitations established in this section.

g.

Buildings shall be topped with pitched roofs, including overhanging eaves; flat roofs with articulated parapets and cornices may be permitted. Pitched roofing materials shall include natural or manmade slate, shingles (wood or asphalt composition) and metal formed to resemble standing seams. Fascias, dormers, and gables are encouraged.

(7)

Regarding site design, the following additional standards shall apply:

a.

Required off-street parking shall be determined on a case by case basis, with a minimum of one space per dwelling unit.

b.

Off-street parking shall be located in rear or sideyards only.

c.

Off street parking for shared uses shall be encouraged; such parking and parking access ways may be required to be dedicated to the City for public use. Payment in lieu of required parking, to be determined by the City, may also be required.

d.

Exterior lighting shall be minimal and shall not exceed lighting typically required for residences; such lighting shall not spill-over or cause glare on adjoining properties.

e.

Rear or side yard service alleys for access to parking, to accessory buildings and or trash collection may be permitted.

(Ord. No. 10-16, Amend. No. 2, 6-14-10; Ord. No. 14-22, Amend. No. 8, 12-8-14)