This Ordinance shall be known, cited and referred to as the “Newark Zoning Ordinance.”

The Village of Newark Zoning Ordinance is adopted with the purpose of protecting and promoting the public health, safety, comfort and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking:

1. To implement the objectives of the Village’s Comprehensive Land Use Plan.
2. To define the powers and duties of the administrative and enforcement officers and bodies.
3. To establish reasonable standards to which buildings and structures shall conform.
4. To provide for the regulation of non-conforming buildings, structures and uses.
5. To establish zoning districts with an appropriate mix of permitted uses and adequate standards for the provision of light, air and open spaces.
6. To zone all properties with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the Village.
7. To prescribe penalties for any violation of the provisions of this Ordinance, or of any amendment thereto.
8. To facilitate the provision of adequate transportation and of other public requirements and services such as water, sewerage, schools, and parks.
9. To avoid hazards to persons and damage to property from non-conforming development of lands and provide for adequate drainage, erosion control, and reduction of flood damage.
10. To avoid undue concentration of population or activity and to prevent the overcrowding of land.
11. To foster a pattern and relationship of land uses between residential, business, commercial, and manufacturing districts.
12. To provide for and preserve open space, green space, natural features and agricultural uses.
13. To protect residential, business, commercial, and manufacturing areas alike from harmful encroachment by non-conforming uses.
14. To prevent additions to, and alterations or remodeling of, existing buildings or structures, which would not comply with the restrictions and limitations, imposed herein.
15. To isolate or control the location of unavoidable nuisance producing uses.
16. To facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance.
17. To prevent sprawl development by incorporating Smart Growth and Neo-Traditional Development design principles into new growth areas.
    

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

This Ordinance is non-accumulative in nature. Zoning district requirements do not accumulate from one district to another, unless expressly stated.

1. Uses Not Listed. The Zoning Board of Appeals may allow a land use to be considered as a permitted or special use which, though not identified by name in a zoning district list of permitted or special uses, is deemed to be similar in nature, and clearly compatible with the listed uses. The Zoning Board of Appeals shall determine similarity or compatibility. However, such non-listed uses shall not be approved until the Village Attorney has reviewed the application for such use.
2. Addition of Non-Listed Uses to Zoning Ordinance. All non-listed uses that are approved by the zoning Board of Appeals shall be added to the appropriate use list by ordinance, at the time of periodic updating and revision.
   

1. Minimum Requirements. In their interpretation and application, the zoning provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
2. Overlapping or Contradictory Regulations. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Ordinance, the regulations, which are more restrictive, shall govern.
3. Private Agreements. This Ordinance is not intended to abrogate any easement, covenant or any other private agreement. However, where the regulations of this Ordinance are more restrictive than such easements, covenants or other private agreements, the requirements of this Ordinance shall govern.
   

The Village of Newark Zoning Ordinance shall be considered an integral part of the Municipal Code of Village of Newark. All applications for permits under the terms of this Ordinance shall be subject to all the provisions of all other pertinent Village regulations.