Zoneomics Logo
search icon

Newark City Zoning Code

ARTICLE 21

4 General Provisions

21.401 Interpretation

  1. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
  2. 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 or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall govern.
  3. This Ordinance is not intended to abrogate any easement, covenant or other private agreement, provided that where the regulations of this Ordinance are more restrictive, or impose higher standards or requirements that such easements, covenants or other private agreements, the requirements of this Ordinance shall govern.
  4. No building, structure or use which is not lawfully existing at the time of the adoption of this Ordinance shall become, or be made lawful solely by reason for the adoption of this Ordinance; and to the extent and manner said unlawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure or use remains unlawful.

21.402 Scope Of Regulations

  1. Allowable Use of Land or Buildings. No building or other structure shall be erected, altered or enlarged and no use of land shall be established, altered, or enlarged for any use except a use that is named in the list of permitted uses for the zoning district in which the building, structure or land is, or will be located. There shall be two (2) exceptions to this requirement:
    1. Uses lawfully established prior to the effective date of this Ordinance may be continued, subject to the conditions and restrictions contained in Article 21-5, Non-Conformities, of this Ordinance.
    2. Special uses may be allowed, but only in accordance with the provisions of this Ordinance.

21.403 Allowable Use Of Land Or Buildings

The following uses of land or buildings are allowed in the districts indicated hereinafter in Articles 21-6 through 21-11 under the conditions specified in this Ordinance:

  1. Uses lawfully established on the effective date of this Ordinance,
  2. Permitted and special uses listed in Articles 21-6 through 21-11,
  3. Accessory uses, listed in Articles 21-6 through 21-11.

21.404 Prohibited Use Of Land Or Buildings

  1. No building or tract of land shall be devoted to any use other than the one which is specified as a permitted, special, or accessory use in Articles 21-6 through 21-11 in the zoning district in which such building or land is located.
  2. However, where a building permit for a building or structure has been issued in accordance with applicable laws prior to the effective date of this Ordinance, and where construction has begun within six months of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of this Ordinance.

21.405 Special Uses

In each zoning district, certain listed uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of Article 21-19, Administration and Enforcement. The special uses which may be allowed in each zoning district are set out in Articles 21-6 through 21-11.

21.406 Agriculture As A Permitted Use

The growing of crops for commercial purposes shall not be allowed in any zoning district except the A-1, Agricultural District and R-E, Residential Estate District. Raising or keeping of livestock, domesticated or exotics, shall be prohibited.

21.407 Accessory Uses And Structures

  1. All accessory uses shall comply with the standards of the district in which they are located. No accessory use or structure shall be established or erected prior to the establishment or erection of the principal use to which it is accessory. No existing accessory use may be expanded or extended, except in compliance with all of the regulations of this Ordinance.
  2. Where an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to the principal building.
  3. The following are permitted accessory uses when located in compliance with this Article and the regulations of the zoning district in which they are located: private garages, carports, storage sheds, storage buildings, children’s playhouses, decks, and greenhouses.
  4. No accessory building or structure shall encroach upon a required yard setback, except as otherwise allowed in this Article.
  5. Single story accessory buildings or structures shall not exceed 20 feet in Building Height. Accessory buildings or structures with 2 or more stories shall not exceed 75% of the Building Height of the principal structure. The preceding height limitations shall not apply to the R-E Residential Estate District or the A-1 Agricultural District.
  6. Detached garages and carports that are accessory to multi-family dwellings shall not exceed 450 square feet per each dwelling unit.
  7. All other detached accessory uses shall not exceed 200 square feet.
  8. In all residential districts, except R-E Residential Estate and except in the A-1 Agricultural District, the architecture and building materials, i.e., siding, trim, shingles, windows and material colors shall be similar to those used in the construction of a principal residential building in the subject zoning district.
  9. An accessory building shall be located a minimum of 10 feet from the rear of the principal building.

21.408 Temporary Buildings, Structures And Uses Of Land

  1. The Village Board may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform to regulations prescribed elsewhere in this Ordinance for the zoning district in which it is located, provided however, that such use is of a temporary nature.
    1. Such temporary uses shall be granted for a specified period of time and shall be subject to such conditions as the Village Board determines to be necessary for the safeguarding of the public health, safety and general welfare.
    2. With the exception of the temporary installation of accessibility structures, such as ramps or lifts which enable ingress and egress for existing residences, which temporary installation may be immediately authorized by the Zoning Enforcement Officer, all requests for temporary uses shall be reviewed and acted upon by the Village Board at regularly scheduled meetings.
  2. Except for such storage facilities used during the permitted construction or reconstruction of a residence, Personal On Demand Storage units (PODS) and similar or equal Temporary Storage facilities are authorized in all Zoning Districts for a period not to exceed 30 calendar days under the following conditions:
    1. The unit shall not be placed so as to impair the safe movement of pedestrian or vehicular traffic and shall in no way threaten the public health, safety and general welfare.
    2. The unit shall be placed a minimum of 10 feet from all public rights of way.
    3. The unit shall be placed on a gravel, asphalt or concrete driveway.
    4. No more than one unit shall be placed on any property at any time.
    5. No more than one 30 day period of such temporary use shall occur in any 6 month period.

21.409 Lot Size Requirements

No lot shall be created for residential or non-residential uses that does not comply with the minimum lot area and width of the district in which it is located, unless otherwise granted as part of a planned development or special use.

21.410 Building Bulk Limitations

Unless otherwise granted under the terms of a variance or a special use permit, the following bulk limitations shall apply:

  1. No building or other structure shall be erected, altered nor enlarged so as to exceed the maximum lot coverage percentage, floor area ratio or the maximum height for the district in which the building or structure is located.
  2. No building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged unless the minimum setbacks and side and rear yards specified for the district in which the building, structure or use of land is located are maintained. All additions to principal buildings shall comply with the setback and yard requirements for the principal building.

21.411 Building Height

Height limitations shall be as set forth in each zoning district for all buildings, structures and uses of land.

21.412 Yards

  1. General.
    1. The minimum yard space required for one structure shall not again be considered as yard space for another structure.
    2. No lot shall be reduced in area so that the yards or other open spaces become less than required by this Ordinance.
  2. Front Yard. On streets where a front yard setback has been maintained on lots having a frontage of thirty (30) percent or more of the total frontage on one side of that portion of any street lying between two intersecting streets, or from an intersecting street and a corporate limits line, the following shall apply:
    1. No new building shall project beyond a straight line drawn between the points closest to the street line of the residence upon either side of the proposed structure. If there are residences upon only one side, then no new building shall project beyond the straight line projected from the front of the two nearest residences. This regulation shall not, however, be interpreted to require a front yard of more than 125 feet, nor to permit a front yard of less depth than that of the nearest building.
    2. Where the street is curved the line shall follow the curve of the street rather than be a straight line.
  3. Double-Frontage Lots. Double frontage lots shall not be allowed, except where lots back up to a primary arterial. In such instances, vehicular access between the lots and the primary thoroughfare shall be prohibited. Where allowed, a building setback of 60 or more feet shall be maintained between the structure and the arterial’s right-of-way line.
  4. Corner Lots.
    1. A Corner lot shall be deemed to have two (2) front yards. The classification of the remaining two (2) yards shall be determined by the type of yard abutting the yard in question:
      1. If a corner lot abuts a side yard, it shall be deemed a side yard.
      2. If a corner lot abuts a rear yard, it shall be classified as a rear yard.
    2. Corner lots for residential use shall be ten (10) feet or 10% wider than that required by the underlying zoning district in which the lot is located, to assure that the lot is large enough to provide privacy, and protect the lot owner from potential nuisances associated with the sight and sounds of vehicular traffic on abutting streets.

21.413 Permitted Obstructions, Yards

For the purpose of this Ordinance, the following shall be considered permitted obstructions in the required yards.

  1. All Yards.
    1. Mailboxes.
    2. Steps four (4) feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley.
    3. Permanent decorative lighting not exceeding 8’ in height.
    4. Satellite and communication dishes not exceeding three (3) feet in diameter
    5. Arbors and trellises.
    6. Flagpoles.
    7. Fences subject to applicable height and other code restrictions.
    8. Open off-street parking spaces, according to standards set forth in Article 21-15, Off-Street Parking and Loading.
  2. Front and Corner Side Yards.
    1. One-story bay windows; which project two (2) feet or less into the minimum required yard.
    2. Overhanging eaves and gutters which project two (2) feet or less into the minimum yard.
  3. Rear Yards.
    1. Balconies which project six (6) feet or less into the minimum yard.
    2. Open terraces, patios or decks, provided they are not over two (2) feet above the average level of the adjoining ground, and do not extend more than ten (10) feet into the minimum yard.
    3. Clotheslines.
    4. Swing sets or sandboxes.
    5. Ground-supported air conditioning units; which extend not more than four (4) feet into the required yard.
    6. Bay windows; which project two (2) feet or less into the minimum required yard.
    7. Overhanging eaves and gutters which project two (2) feet or less into the minimum yard.
    8. Decorative lighting not exceeding eight (8) feet in height.
  4. Interior Side Yards.
    1. Overhanging eaves and gutters which project three (3) feet or less into the yard.
    2. Ground-supported air conditioning units; which extend not more than four (4) feet into the minimum required yard.

21.414 Number Of Buildings On A Lot

Except as may be approved as part of a planned development, not more than one principal building shall be located on a zoning lot.

21.415 Off-Street Parking And Loading

Unless otherwise granted under the terms of a special use permit, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by Article 21-15, Off-Street Parking and Loading, are provided.

21.416 Home Occupations

  1. General. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood, and to maintain the subordinate and incidental status of the home occupation. In general, a home occupation shall be an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence except for a legally posted sign.
  2. Performance Requirements. A home occupation or profession, where permitted in a zoning district, shall meet the following performance requirements, in addition to those standards applicable to the district in which they are located:
    1. Not more than two (2) employees at a time, other than members of the immediate family occupying such dwelling shall work on the premises.
    2. No alteration of the principal building shall be made which changes the character of the dwelling.
    3. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. Parking shall be provided according to requirements specified in Article 21-15, Off-Street Parking and Loading. Parking spaces shall not, however, be located in a required front yard.
    4. Signs shall not be permitted for home occupations.
    5. No equipment or material used shall constitute a hazard, create a nuisance or interfere with the reception of broadcast signals.
    6. All material equipment, merchandise or work in process shall be wholly enclosed within the dwelling or accessory building.
  3. Permitted Home Occupations.
    1. Authors.
    2. Artists, sculptors, woodworking or other crafts.
    3. Beauty parlors or barbershops.
    4. Day care, but not day care centers or nursery schools.
    5. Dressmakers, seamstresses or tailors.
    6. Music, dancing, swimming or other similar instruction, provided that the instruction shall be limited to three (3) pupils at a time, except for occasional groups.
    7. Offices, salespersons, sales representatives or manufacturers’ representatives, provided, however, that no retail transactions shall be made on the premises except through telephone, facsimile or mail communication and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises.
    8. Planners, architects, attorneys, engineers, realtors, insurance agents, accountants, brokers, and members of similar professions.
    9. Repair of small appliances, bicycles, lawn mowers, snow blowers, and other similar home equipment.
    10. Any occupation deemed appropriate by action of the Village Board.
  4. Prohibited Home Occupations.
    1. Animal hospitals.
    2. Clinics or hospitals.
    3. Commercial boarding stables or kennels.
    4. Dancing schools, except where permitted above.
    5. Day care centers, nursery schools.
    6. Private clubs.
    7. Renting of trailers.
    8. Repair shops or service establishments, except as described in Section 21.416 C (11) above.
    9. Restaurants.
    10. Tourist homes.
    11. Undertaking establishments, mortuaries, or funeral parlors.
    12. Any occupation deemed inappropriate by the Village Board.

21.417 Floodplain Regulations

All foundation elevations, proposed grading, storm management facilities and structures shall be designed and constructed in conformance with the Village’s Floodplain Ordinance, as may be amended from time to time.