The purpose of this Article is to:

1. Promote the public health, safety, comfort, convenience and general welfare of the Village of Newark.
2. Enhance the aesthetic qualities, and economic values within areas developed for business and manufacturing purposes in Newark.
3. Establish a reasonable transition between different land uses in the Village.
4. Ensure the safe and efficient movement of vehicular traffic and pedestrians.
5. Protect and preserve environmental resources.
6. Implement the Village’s adopted Comprehensive Land Use Plan, as may be amended from time to time.
7. Establish design principles that encourage “Neo-Traditional” Development.
   

1. Building Permits. All building permit applicants for new buildings and building additions, rezoning, special use permits, changes in use and annexation or pre-annexation for business and manufacturing properties and multi-family residential with 3 or more dwelling units per building.
2. Minor Modifications. This Article shall not, however, apply to minor interior or exterior modifications, which do not affect the type or intensity of use, or substantially alter the façade of the building.
   

All site development associated with permitted and special uses in the Districts specified under this Article, Section 21.1302A, above, shall comply with the standards set forth below.

1. Setback, Bulk and Sign Regulations. Principal and accessory buildings and structures shall comply with yard and setback requirements; floor area and height limitations; and sign regulations, applicable to the District in which the use is located.
2. Vehicular Access.
   1. Points of vehicular ingress and egress to the site shall be limited to maximize the safety and operational efficiency of Newark’s arterial streets and collector roadways.
   2. The location, number and design of access drives shall be reviewed by the Village Engineer, and coordinated with adjacent uses and properties, to provide for safe and efficient movement of vehicles. Where possible, cross-easements between properties shall be provided; to minimize the number of drives required on adjacent public streets.
3. Pedestrian Access.
   1. Sidewalks, not less than four (4) feet wide, shall be provided on both sides along all streets and access drives to provide safe pedestrian access to, through and from all Newark districts, except for RE – Residential Estate. However, 8’ asphalt paths may be requested in lieu of sidewalks.
   2. Where parking is proposed to be located within 12” of sidewalks, walks shall be increased to a minimum of seven (7) feet in width.
   3. A setback of at least 3’ from the public sidewalk to a parking lot.
4. Off-Street Parking and Loading.
   1. Parking and loading spaces and drive aisles shall be provided in accordance with Article 21-15, Off-Street Parking and Loading.
   2. Plans shall demonstrate compliance with the Illinois Accessibility Code and Americans with Disabilities Act, as may be amended from time to time.
5. Screening. Where a non-residential use abuts, or is across the street from a residential or institutional use, screening shall be provided in accordance with the following:
   1. A landscaped berm, fence, wall or combination thereof shall be installed to provide year-round screening. Placement of the landscape screen shall not impair the safety of pedestrian or vehicular traffic.
   2. Where off-street parking if visible from a public right-of-way, screening shall be at least three (3) feet tall upon installation.
   3. Where off-street parking or loading abuts a residential or institutional use, screening shall be not less than five (5) feet high upon installation.
   4. Plant materials used for screening shall comply with minimum sizes set forth in item F (4), below.
   5. Landscape plantings shall be kept alive and in good condition, or replaced. Any property owner that does not maintain required screening in accordance with approved plans shall be subject to fines as described in Article 21-20, Administration and Enforcement, Section 21.2015 of this Ordinance.
   6. Screening shall be incorporated into the landscape plan prepared for the project and shall require review and recommendation of approval by the Village Planner.
6. Landscaping. A landscape plan, prepared by a qualified landscape architect, shall be submitted with all applications for site plan review. The plan shall be subject to review and recommendation of approval by the Village Planner.
   1. All areas of the site, which are not paved, shall be landscaped with trees, shrubs, groundcover and flowers to:
      1. Slow surface water runoff.
      2. Restrict blowing trash and litter.
      3. Deter improper access or site use by the public.
      4. Improve the visual quality of the site.
   2. The landscape plan shall include identification of species, size and location of plant materials and all other landscape treatments including, but not limited to:
      1. Berms.
      2. Fences.
      3. Ground covers.
      4. Ornamental or accent lighting.
      5. Paving materials.
      6. Limits of seed and/or sod.
   3. Trees and shrubs shall be keyed into a plant list.
   4. Upon installation, trees shall not be less than the following sizes:
      1. Shade trees: Three (3) inch caliper, minimum, as measured twelve (12) inches above grade.
      2. Evergreen: Six (6) feet tall, minimum.
      3. Ornamental: Six (6) feet tall, minimum, if multi-stem. Two and one-half (2-1/2) inches in caliper, minimum, if single stem.
   5. All plant materials shall be kept alive and in good condition or shall be replaced.
7. Perimeter Yards. Minimum requirements for perimeter yards and landscape plantings, shall be, unless otherwise recommended by the Plan Commission and Village Board, as follows:
   1. Front Yard. Where a business or manufacturing use abuts a residential or institutional use, a minimum of twenty (20) feet shall be landscaped along the front perimeter. Parking and drive aisles shall not be permitted in this minimum twenty (20) feet. This shall not, however, apply to drives, which provide access to the site.
   2. Interior Side and Rear Yards.
      1. A minimum ten (10) foot wide perimeter yard shall be provided around the side and rear property lines, where a business or manufacturing use abuts another business or manufacturing use.
      2. Where a business or manufacturing use abuts a residential or institutional use, a minimum twenty (20) feet shall be landscaped along interior side and rear yards.
8. Exterior Building Materials for Commercial Buildings and Structures.
   1. Screening of all heating, ventilating and air conditioning equipment shall be provided on all sides of the building that are exposed to public view.
   2. Roof screens shall be allowed, provided they are designed to blend with the architectural style and color of the building.
   3. Flues, goosenecks or other equipment mounted on the roof shall also be screened when heights exceed four feet.
9. Lighting.
   1. Exterior lighting proposed for use on the site shall be planned, erected and maintained so that light is confined to the property, and does not cause direct glare, or light spillage on adjacent properties or public rights-of-way. Shields shall be required where necessary to achieve this standard.
   2. A point-by-point photometric plan shall be submitted that demonstrates:
      1. Not more than 0.1-foot candles beyond property lines.
      2. Average-maintained foot-candles between one (1) and one and one-half (1.5) foot-candles. Special exceptions may be considered for car dealerships.
   3. Light fixtures shall be designed to aesthetically relate to the character of the development. All fixtures shall be shielded or designed and located so that all illumination shall be directed downward or to within the site boundaries.
   4. Plans for parking lot, security, landscape and other building accent lighting shall be subject to review and recommendation of approval by the Village Planner and the Village Engineer.
10. Mechanical Equipment. All roof-mounted mechanical equipment including, but not limited to, heating, ventilating and air-conditioning units (HVAC) shall be fully screened from public view on all sides of the building:
    1. The roof-structure or parapet walls shall accomplish screening, unless otherwise recommended by the Plan Commission and approved by the Village Board.
    2. Screening shall be designed to blend with, and complement the architecture of the building.
    3. The height of the parapet walls, roof structure, or other approved method of screening shall equal the height of the tallest rooftop unit installed on the building.
11. Utility Meters/Transformers.
    1. Wall-mounted utility meters and ground-supported transformers shall be painted to match the building.
    2. If visible to the public, meters and transformers shall be screened by landscaping which, upon installation, shall equal the height of the tallest meter or transformer.
12. Trash Enclosure.
    1. Masonry walls or quality wood fencing designed to match the building shall enclose trash receptacles. Chain link fence enclosures are prohibited. However, chain link gates with slats (vinyl inserts) providing 80% opacity are permitted.
    2. Enclosures shall be constructed to be equal or taller than the tallest bin proposed for use.
    3. Trash enclosures shall be provided with gates to contain blowing trash, and a concrete pad and approach apron to bear the weight of trash bins.
13. Outdoor Storage/Display.
    1. All business, services, and manufacturing or light assembly shall be conducted entirely within an enclosed building, with the exception of:
       1. Off-street parking and loading areas.
       2. Open sales lots.
       3. Outdoor sales of products for automobile service stations provided they are related to servicing motor vehicles.
       4. Outdoor storage areas provided the perimeter is suitably screened to provide 80% opacity.
       5. Seasonal outdoor display of seasonal accessory products.
          

New buildings, or building additions in districts listed in Section 21.1302A shall be reviewed according to the following procedures:

1. Pre-Application. The petitioner may request a pre-application meeting with Village Officials and staff to discuss the feasibility of a project, or to discuss compliance with applicable regulations of this Ordinance. When this occurs, procedures set forth in items (1) through (6), below, shall be followed. However, procedures included in Article 21-12, Planned Developments shall apply when the proposal is to be processed as a planned development.
   1. Prior to the filing of an application for a building permit for new buildings and building additions, rezoning, special use permits and annexation or pre-annexation, the petitioner shall contact the Zoning Enforcement Officer to arrange an informal meeting with the Village Planner, the Village Engineer, the Village Attorney, and representatives of the Plan Commission and Village Board, as may be determined appropriate by the Zoning Enforcement Officer, to provide a full review of the project.
   2. The purpose of this pre-application meeting shall be to discuss how the proposed development is consistent with the Village’s planning and zoning objectives, as expressed in the Comprehensive Plan and this Zoning Ordinance.
   3. At a minimum, the petitioner shall be required to provide a concept plan for review and discussion at the pre-application meeting. This plan shall be submitted not less than five (5) working days before the date of the meeting, so that all participants may review the plan and compare the proposal to applicable zoning regulations and policies adopted by the Village.
   4. The plan shall be at a scale appropriate to describe the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the project to adjoining uses, both existing and proposed, and shall identify:
      1. Total acreage of the site.
      2. North arrow, scale and date of preparation.
      3. Name and address of the individual who prepared the plan.
      4. Name and address of the owner of the property.
      5. Adjacent land uses and zoning.
      6. Layout of streets, lots and blocks.
      7. Building setbacks.
      8. Separation between all principal and accessory buildings.
      9. Natural features, if any, including:
         1. Major stands of trees.
         2. Wetlands.
         3. Floodplains and floodways.
         4. Surface waters, including lakes, ponds, streams and drainage swales.
      10. Existing topographic data and contour lines with a minimum of one (1) foot intervals.
      11. Proposed water, sanitary and storm sewer systems.
      12. Other data determined by the Zoning Enforcement Officer to be necessary to provide an accurate overview of the proposed development.
   5. One or more meetings may be requested by the Zoning Enforcement Officer or the petitioner to discuss the project, and to promote compliance with applicable regulations of this Zoning Ordinance and compatibility with the planning and zoning objectives of the Village.
   6. Subsequent to the pre-application meeting or meetings, the petitioner shall be required to follow applicable review procedures set forth in Section 21.1304 B, Planning Commission/Village Board Review, below.
2. Plan Commission/Village Board Review.
   1. Where properties are in multiple-family residential districts with 3 or more dwelling units per building, business districts, and the commercial manufacturing and manufacturing districts referenced in Section 21.1302A, above, the Plan Commission and Village Board shall, in addition to Village staff, review plans and support documentation to determine compliance with standards of this Article as well as regulations of the zoning district in which proposed construction will occur.
   2. Once all required plans and support documentation required by Section 21.1305 of this Article have been received, the Zoning Enforcement Officer shall distribute plans and support documentation to the:
      1. Plan Commissioners and recording Secretary.
      2. Board of Trustees.
      3. Village President.
      4. Local Law Enforcement Agency
      5. Fire Protection District
      6. Newark Ambulance District
      7. Village Administrator
      8. Village Planner.
      9. Village Engineer.
      10. Village Attorney.
   3. Unless a request involves a text or map amendment, variation, or special use, site plan review can be accommodated at a public meeting. Public hearings for amendments, variations, or special uses shall be in accordance with procedures set forth in Article 21-20, Administration and Enforcement, Section 21.2013 of this Ordinance.
   4. Plans shall be received not less than twenty-one (21) working days prior to the scheduled meeting before the Plan Commission.
   5. The Village Planner and Village Engineer shall prepare written reports evaluating the proposed project, which shall be forwarded to the Plan Commission the Friday before the scheduled appearance of the petitioner.
   6. The Plan Commission shall review the proposed project, and shall, within 45 days after the close of the meeting, make its recommendations to the Village Board in a written Statement of Findings of Fact and Recommendations. The Statement of Findings of Fact shall include:
      1. A description of the request and proposed project.
      2. List of exhibits presented to the commission.
      3. Items of particular interest or concern, if any.
      4. Recommended conditions of approval, if any.
      5. Identification of commissioners voting for or against the project.
   7. The Commission may continue the review of plans and support documentation from time to time. Multiple meetings may be required in order to assure adequate time for:
      1. The petitioner to present the project.
      2. Commissioners to ask both the petitioner and staff questions.
      3. Staff to present review comments.
      4. Commissioners to deliberate on the proposed project, and make specific recommendations to the Village Board.
   8. The petitioner may be requested to modify and represent plans, drawings and other support documentation before a recommendation is forwarded to the Village Board.
      

Prior to site development review and approval, the owners of the tract of land shall submit to the Zoning Enforcement Officer twenty (20) sets of plans, drawings and other information specified below, unless specific submittal requirements are waived by the Zoning Enforcement Officer. Plans and drawings shall be presented at the scale necessary to clearly indicate what is planned for the property.

1. Site information, including:
   1. Name and address of the owner, applicant, planner, architect, engineer, and landscape architect.
   2. Date, scale, and north arrow.
   3. Total acreage of the site.
   4. Title by which the property or project is to be referred.
   5. Proof of ownership.
2. A copy of a survey, prepared by a registered land surveyor, including a legal description of the subject property.
3. Existing and proposed zoning of the subject property.
4. Existing zoning of adjacent parcels.
5. Adjacent development, including building, drives, fences, walls, parking lots, etc., within a minimum of one hundred (100) feet of the subject property.
6. Location and size of all buildings and structures, both existing and proposed.
7. Ground elevations of the property, both existing and proposed.
8. Locations of floodplain, floodway, wetlands and existing vegetation.
9. Soil analysis, if required by the Village Engineer.
10. Building setbacks from street rights-of-way and all property lines.
11. Yard and spaces between all structures.
12. Locations and dimensions of all fences and walls.
13. A landscape plan, prepared by a qualified landscape architect which includes a survey of existing trees having a diameter of six (6) inches or greater, spot elevations, or is superimposed on a half-toned grading plan to show the relationship between proposed plantings and final grades.
14. Identification of vehicular, pedestrian and service access, including:
    1. Distance from the driveway opening at the curb to the prolongation of the property line of the nearest intersecting street.
    2. Width of proposed access drives and drive aisles.
    3. Identification and location of:
       1. Curb lines.
       2. Property lines.
       3. Sidewalks.
       4. Existing driveways, if any.
       5. Parking regulations and signs.
       6. Traffic signals.
       7. Utility poles.
       8. Light standards.
       9. Fire hydrants.
       10. Street trees
15. Off-street Parking and loading facilities, including the numbers of spaces and dimensions of spaces, drive aisles and loading zones.
16. Location, area and height of all freestanding signs, including proposed directional signage.
17. Architectural drawings which depict, to scale, all elevations of the proposed structure or addition, and which include:
    1. Proposed materials and colors for all elements of the building.
    2. Cross-sections of the building, showing the relationship between all roof-mounted mechanical equipment and the top of the parapet walls and/or roof structure.
    3. Location of utility meters and ground supported transformers, and proposed method of screening these elements when visible to the public.
    4. Location, area, and dimensions for all wall-mounted signs.
18. Photometric plan, superimposed on the site plan, showing:
    1. Point-by-point foot-candle intensities extended to all property lines.
    2. Locations of light standards.
    3. Average-maintained foot-candle intensities.
    4. Method of illumination.
    5. Catalogue cuts and specifications for light standards and luminaries.
19. Outdoor storage areas, if any, and proposed method of screening of these areas from public view.
20. Waste disposal facilities, including trash bins, compactors, etc., and provision for screening these elements from public view.
21. Preliminary engineering, drainage, and grading plans, if required by the Village Engineer. Final Engineering plans shall, however, be approved by the village Engineer prior to the issuance of a building permit.