Newark City Zoning Code

ARTICLE 21

8 Business Districts

21.801 General Provisions

Purpose. The B-1, B-2 and B-3 Districts set forth herein are established to: protect the public health; promote public safety, comfort, convenience and the general welfare; and to protect the economic base of, and property values within, the Village of Newark. These general purposes include, among others, the following objectives:
1. To promote the most desirable use of land in accordance with a well considered plan, so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the Village.
2. To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.
3. To encourage the grouping of compatible business uses which will tend to draw trade that is mutually interchangeable, and so promote public convenience and business prosperity, and contribute to the alleviation of traffic and pedestrian congestion by encouraging the use of a common ingress and egress.
4. To promote the establishment of off-street parking facilities so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
5. To promote design appearance, style and construction of structures in the business districts which will be essentially compatible with the residential character and a turn-of-the-century business district of the Village of Newark.
Special Uses.
1. It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified without consideration of the impact, in each case, of these uses upon neighboring land and the public need for the particular use at the particular location. These uses include:
  1. Uses publicly operated or traditionally affected with a public interest.
  2. Private uses of such an unusual nature that their operation may give rise to unique problems with respect to their impact on neighboring property.
2. The special uses listed in each district may be permitted by the adoption of a Special Use Ordinance by the Village Board of Trustees, upon recommendation of the Zoning Board of Appeals. Procedures for requesting a special use permit are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Ordinance.
Accessory Uses.
1. For the purpose of this Article, accessory uses shall include buildings or other structures customarily incidental to, and commonly associated with a permitted or special use. These uses shall be permitted, provided they:
  1. Are operated and maintained under the same ownership and are located on the same lot as the permitted or special use.
  2. Do not include structures or structural features inconsistent with these uses.
2. Standards for accessory buildings and uses are described in Article 21-4, General Provisions, of this Zoning Ordinance.
Performance Standards. All activities shall conform with the performance standards established by Article 21-14, Performance Standards, of this Zoning Ordinance.
Planned Developments. A business planned development shall be permitted in any Business District according to criteria and procedures set forth in Article 21-12, Planned Developments, of this Ordinance.
Site Development Requirements. All businesses shall comply with applicable standards and procedures set forth in Article 21-13, Site Development Requirements.
Setback from Major Roadway. Unless otherwise approved as part of a rezoning, planned development or special use permit:
1. All structures hereinafter constructed in business districts (except B-1) shall be set back at least thirty (35) feet from the following major roads and highway, as measured from the existing street right-of-way, or such future right of way as recommended by the entity having jurisdiction over that road or highway:
  1. Illinois Route 71
  2. Newark Road
  3. Townhouse Road
  4. Johnson Street
2. Buildings constructed for commercial purposes along other Village streets in Business Districts other than B-1, shall have a minimum building setback line of thirty-five (35) feet, as measured from the right-of-way.
Public Utilities. Public utility and service use shall only be allowed as a special use in business districts. For the purpose of this Ordinance, public utilities and service uses shall include, but not be limited to:
1. Essential services, including: Fully automated gas regulating stations; telephone exchanges; and electric substations.
2. Tower and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations.
3. Wastewater treatment plant.
4. Water works, reservoirs, pumping stations, filtration plants and wells.

21.802 B-1, Downtown Business District

Purpose. This district is intended to function exclusively as the Village’s Central Business District. The district accommodates a mix of uses, designed to attract consumers, and to mutually support one another.
Permitted Uses.
1. Retail.
  1. Antique shops.
  2. Art Galleries.
  3. Art and school supplies.
  4. Automobile parts stores.
  5. Bakeries, in which the manufacture of goods is limited to goods retailed on the premises only.
  6. Bicycle sales and repairs.
  7. Book stores.
  8. Bridal shops.
  9. Business machine sales and service.
  10. Butcher shops.
  11. Camera stores.
  12. Camping equipment sales and rental (excluding trailers and similar campers).
  13. Candle shops.
  14. Candy and confectionery stores.
  15. Card shops.
  16. Carpet stores.
  17. Children’s apparel shops.
  18. China and glassware stores.
  19. Christmas shops.
  20. Compact disc, cassette tape and phonograph record stores.
  21. Computers, sales and service.
  22. Drug stores and pharmacies.
  23. Farm supplies (except implements).
  24. Florist shops.
  25. Floor covering and tiles stores.
  26. Food stores, including grocery, convenience and specialty (coffee, fudge, etc.).
  27. Furniture stores.
  28. Gift shops.
  29. Handmade crafts.
  30. Hardware stores.
  31. Hearing aid stores.
  32. Herbs, spices and kitchen specialties.
  33. Hobby shops.
  34. Ice cream stores or stands.
  35. Jewelry stores.
  36. Ladies apparel stores.
  37. Leather goods and luggage stores.
  38. Linen and bath shops.
  39. Men’s apparel stores.
  40. Millinery and haberdasheries.
  41. Musical instrument sales and repairs.
  42. Office supply stores.
  43. Orthopedic and medical appliance sores.
  44. Paint and wallpaper sales.
  45. Pewter and silver stores.
  46. Physical culture and health services.
  47. Pottery shops.
  48. Retail, mail-order stores.
  49. Sewing machine sales and services.
  50. Shoe stores.
  51. Special import stores.
  52. Sporting goods.
  53. Sports card stores.
  54. Tack shops.
  55. Tobacco shops.
  56. Toy stores.
  57. Variety and notion stores (dime stores).
  58. Woodcraft shops.
  59. Yarn and needlework shops.
2. Business Services.
  1. Artists and design studios.
  2. Banks and financial institutions (excluding drive-up).
  3. Beauty and barber shops.
  4. Brokerage houses.
  5. Business schools.
  6. Catering services.
  7. Chambers of commerce.
  8. Charitable organizations.
  9. Civic associations.
  10. Clothing and costume rental stores.
  11. Clubs and lodges, private, fraternal or religious.
  12. Coin and philatelic sales.
  13. Commercial or trade schools (dance studios, music schools or martial arts).
  14. Credit agencies.
  15. Currency exchanges.
  16. Data processing centers.
  17. Delicatessens.
  18. Dry cleaning shops.
  19. Employment agencies.
  20. Furniture repair.
  21. Furrier shops, storage and conditioning.
  22. General repair shops.
  23. Gift wrapping and mailing services.
  24. Interior decorating shops.
  25. Laundries.
  26. Lawn mower repair.
  27. Libraries.
  28. Locksmiths.
  29. Merchants’ associations.
  30. Newspaper offices.
  31. Pawn shops.
  32. Photocopying and printing.
  33. Photographic and art studio.
  34. Plumbing, heating, electrical and showroom shops (no outside storage allowed).
  35. Picture framing.
  36. Radio and television: service, repair and studios.
  37. Real estate offices.
  38. Restaurant and eating places (without drive-through, entertainment or dancing).
  39. Security and commodity brokers.
  40. Shoe repair shops.
  41. Tailor or dressmaker shop.
  42. Taxidermists.
  43. Travel agency.
  44. Upholstery stores.
  45. Video rentals.
  46. Brew pubs
3. Professional Offices.
  1. Accounting, auditing, and bookkeeping offices.
  2. Attorney and law offices.
  3. Business and management consultants.
  4. Engineering and architectural services
  5. Insurance agencies.
  6. Investment companies.
  7. Land surveyors.
  8. Landscape architects.
  9. Professional consultants.
4. Medical Offices.
  1. Chiropractor’s offices.
  2. Dentist’s offices.
  3. Doctor’s, surgeon’s and/or physician’s offices.
  4. Opticians.
  5. Ophthalmologists.
  6. Osteopath’s offices.
  7. Podiatrist’s offices.
5. Residential.
  1. Apartments above the ground floor.
6. Existing residential uses until such time as the property is converted to a business use.
Special Uses. Procedures and standards for special uses are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
1. Residential.
  1. Single Family homes.
  2. Townhomes, condominiums and apartments on the first floor.
  3. Apartments below the ground floor if half of the basement height is above grade.
2. Roadway Oriented.
  1. Automobile repair shops.
  2. Automobile service stations.
  3. Automobile body shop.
3. Retail – Pet Shops.
4. Business Services.
  1. Animal clinics (veterinarians).
  2. Banks and financial institutions, drive-up.
  3. Bed and breakfast guest houses.
  4. Blueprint and processing shops.
  5. Day care centers and nursery schools.
  6. Game rooms.
  7. Golf cart sales and service
  8. Hotels/motels.
  9. Museums
  10. Pet grooming facilities.
  11. Restaurants, with live entertainment and dancing.
  12. Theaters and auditoriums, indoor or outdoor.
  13. Tire and battery sales and service.
  14. Undertaking establishments, funeral parlors and mortuaries.
5. Institutional.
  1. Police and fire stations
  2. Post office and post office sub-stations.
  3. Public service or municipal garages.
  4. Public utilities as defined in Section 21.801 H, above.
  5. Municipal buildings
  6. Places of worship
Lot Requirements.
1. Minimum Lot Size – None.
2. Minimum Lot Width – None.
Yard Requirements – Where a rear or interior side yard of a business abuts a residential or institutional use, not less than twenty (20) feet of transition yard shall be provided.
Height Limitations – Three (3) stories and/or forty-five (45) feet.
Maximum Lot Coverage – All of a lot may be occupied by any principal structure, together with all impervious surfaces and accessory buildings.
Floor Area Ratio – Maximum FAR is 2.0
Off-Street Parking and Loading – Off-street parking and off-street loading may be reduced below that specified in Article 21-15, Off-Street Parking and Loading, of this Zoning Ordinance, if it can be demonstrated, as part of a special use permit, that conveniently located parking exists in the B-1 District to serve the proposed permitted or special use.

21.803 B-2, General Commercial

Purpose. The B-2, General Commercial District is intended to provide areas to be used for limited secondary shopping areas for residents of Newark. This district permits most all types of business and commercial enterprises, offices and service establishments. The district will be located outside of the Downtown District at the convergence of, or along major thoroughfares of Newark.
Permitted Uses.
1. All B-1 permitted uses.
2. Garden supply and/or greenhouses (retail sales only).
3. Grocery stores and supermarkets.
4. Department stores
Special Uses. In addition to the special uses listed in the B-1, Downtown Business District, the following may be allowed only as a special use, according to standards and procedures listed in Article 21-4, General Provisions, and Article 21-20, Administration and Enforcement of this Zoning Ordinance:
1. Roadway-Oriented Uses.
  1. Ambulance services.
  2. Automobile car washes.
  3. Automobile rental, sales and service.
  4. Boat dealer (sales, rental and repair).
  5. Camper sales and service.
  6. Drive-in cleaners.
  7. Drive-in theaters.
  8. Drive-in banks.
  9. Drive-in restaurants.
  10. Gas Station/Mini-Mart
  11. Hotels/motels.
  12. Mobile home sales.
  13. Motorcycle sales and service.
  14. Open sales lot.
  15. Recreation vehicle sales or rental.
  16. Shopping centers.
  17. Snowmobile sales and service.
  18. Trailer sales or rental.
  19. Used car lots.
2. Business Service.
  1. Animal shelters.
  2. Auction rooms.
  3. Bottled gas dealers.
  4. Bowling alleys.
  5. Contractor and construction offices.
  6. Farm implements.
  7. Health clubs.
  8. Kennels.
  9. Racquet clubs.
  10. Warehouse and storage.
3. Residential.
  1. Congregate care.
  2. Convalescent centers and nursing homes.
4. Institutional.
  1. Municipal/governmental buildings
  2. Police and fire stations.
  3. Public service or municipal garages.
  4. Public utilities, as defined in Section 21.801 H, above.
5. Planned Developments.
Lot Requirements.
1. Minimum Lot Size – Not less than 30,000 square feet. Lot size shall be increased as necessary to comply with applicable standards of this District.
2. Minimum Lot Width – Not less than one hundred (100) feet.
Yard and Setback Regulations. Every building hereafter erected or enlarged in this District shall provide and maintain a setback according to the following:
1. Setback from Major Roadways – As provided in Section 21.801 G, above.
2. Minimum Front and Corner Side Yards – Not less than thirty five (35) feet from a front or corner side lot line.
3. Minimum Interior Side Yards – Not less than fifteen (15) feet from an interior side lot line.
4. Minimum Rear Yards – Not less than thirty (30) feet from a rear lot line.
5. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Thirty (30) feet.
  2. Rear Yard – Sixty (60) feet.
Maximum Lot Coverage – No more than sixty-five (65) percent of a lot can be occupied with buildings, accessory structures, and impervious surfaces.
Height Limitations – Forty-five (45) feet.
Floor Area Ratio – 1.0

21.804 B-3, Commercial Recreation

Purpose. The B-3, Commercial Recreation District is intended to accommodate those uses whose activities, size, scale, traffic volumes, noise, lights, or physical hazards, such as flying objects or use of weapons, directly impact the community. Uses in this district shall be permitted only as special uses, according to procedures set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
Special Uses.
1. Recreation.
  1. Amphitheaters (outdoor theaters).
  2. Amusement parks.
  3. Archery ranges.
  4. Batting cages
  5. Bowling alleys
  6. Campgrounds.
  7. Drive-in theaters.
  8. Fairgrounds.
  9. Fishing ponds, commercial.
  10. Golf courses.
  11. Golf driving ranges.
  12. Hunt and gun clubs.
  13. Miniature golf courses.
  14. Polo fields.
  15. Racetracks (e.g.: auto, dog, go-kart, harness, horse, motorcycle)
  16. Rifle ranges.
  17. Resorts.
  18. Skating rinks, ice and roller
  19. Sport arenas and stadiums.
  20. Stables, commercial.
  21. Theme parks.
  22. Water parks.
Lot Requirements.
1. Minimum Lot Size – Minimum lot size shall be determined as part of the special use permit.
2. Minimum Lot Width – None.
Yard Requirements (for all improvements except the minimum required landscaping).
1. Minimum Front and Corner Side Yards – Not less than sixty (60) feet from a front or corner side lot line.
2. Minimum Interior Side Yards – Not less than thirty-five (35) feet from an interior side lot line.
3. Minimum Rear Yards – Not less than fifty (50) feet from the rear lot line, or one-half the height of the building, whichever is greater.
4. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Two hundred fifty (250) feet.
  2. Rear Yard – Two hundred fifty (250) feet.
Height Limitations – To be determined as part of a special use permit.

Newark City Zoning Code

ARTICLE 21

8 Business Districts

21.801 General Provisions

Purpose. The B-1, B-2 and B-3 Districts set forth herein are established to: protect the public health; promote public safety, comfort, convenience and the general welfare; and to protect the economic base of, and property values within, the Village of Newark. These general purposes include, among others, the following objectives:
1. To promote the most desirable use of land in accordance with a well considered plan, so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the Village.
2. To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.
3. To encourage the grouping of compatible business uses which will tend to draw trade that is mutually interchangeable, and so promote public convenience and business prosperity, and contribute to the alleviation of traffic and pedestrian congestion by encouraging the use of a common ingress and egress.
4. To promote the establishment of off-street parking facilities so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
5. To promote design appearance, style and construction of structures in the business districts which will be essentially compatible with the residential character and a turn-of-the-century business district of the Village of Newark.
Special Uses.
1. It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified without consideration of the impact, in each case, of these uses upon neighboring land and the public need for the particular use at the particular location. These uses include:
  1. Uses publicly operated or traditionally affected with a public interest.
  2. Private uses of such an unusual nature that their operation may give rise to unique problems with respect to their impact on neighboring property.
2. The special uses listed in each district may be permitted by the adoption of a Special Use Ordinance by the Village Board of Trustees, upon recommendation of the Zoning Board of Appeals. Procedures for requesting a special use permit are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Ordinance.
Accessory Uses.
1. For the purpose of this Article, accessory uses shall include buildings or other structures customarily incidental to, and commonly associated with a permitted or special use. These uses shall be permitted, provided they:
  1. Are operated and maintained under the same ownership and are located on the same lot as the permitted or special use.
  2. Do not include structures or structural features inconsistent with these uses.
2. Standards for accessory buildings and uses are described in Article 21-4, General Provisions, of this Zoning Ordinance.
Performance Standards. All activities shall conform with the performance standards established by Article 21-14, Performance Standards, of this Zoning Ordinance.
Planned Developments. A business planned development shall be permitted in any Business District according to criteria and procedures set forth in Article 21-12, Planned Developments, of this Ordinance.
Site Development Requirements. All businesses shall comply with applicable standards and procedures set forth in Article 21-13, Site Development Requirements.
Setback from Major Roadway. Unless otherwise approved as part of a rezoning, planned development or special use permit:
1. All structures hereinafter constructed in business districts (except B-1) shall be set back at least thirty (35) feet from the following major roads and highway, as measured from the existing street right-of-way, or such future right of way as recommended by the entity having jurisdiction over that road or highway:
  1. Illinois Route 71
  2. Newark Road
  3. Townhouse Road
  4. Johnson Street
2. Buildings constructed for commercial purposes along other Village streets in Business Districts other than B-1, shall have a minimum building setback line of thirty-five (35) feet, as measured from the right-of-way.
Public Utilities. Public utility and service use shall only be allowed as a special use in business districts. For the purpose of this Ordinance, public utilities and service uses shall include, but not be limited to:
1. Essential services, including: Fully automated gas regulating stations; telephone exchanges; and electric substations.
2. Tower and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations.
3. Wastewater treatment plant.
4. Water works, reservoirs, pumping stations, filtration plants and wells.

21.802 B-1, Downtown Business District

Purpose. This district is intended to function exclusively as the Village’s Central Business District. The district accommodates a mix of uses, designed to attract consumers, and to mutually support one another.
Permitted Uses.
1. Retail.
  1. Antique shops.
  2. Art Galleries.
  3. Art and school supplies.
  4. Automobile parts stores.
  5. Bakeries, in which the manufacture of goods is limited to goods retailed on the premises only.
  6. Bicycle sales and repairs.
  7. Book stores.
  8. Bridal shops.
  9. Business machine sales and service.
  10. Butcher shops.
  11. Camera stores.
  12. Camping equipment sales and rental (excluding trailers and similar campers).
  13. Candle shops.
  14. Candy and confectionery stores.
  15. Card shops.
  16. Carpet stores.
  17. Children’s apparel shops.
  18. China and glassware stores.
  19. Christmas shops.
  20. Compact disc, cassette tape and phonograph record stores.
  21. Computers, sales and service.
  22. Drug stores and pharmacies.
  23. Farm supplies (except implements).
  24. Florist shops.
  25. Floor covering and tiles stores.
  26. Food stores, including grocery, convenience and specialty (coffee, fudge, etc.).
  27. Furniture stores.
  28. Gift shops.
  29. Handmade crafts.
  30. Hardware stores.
  31. Hearing aid stores.
  32. Herbs, spices and kitchen specialties.
  33. Hobby shops.
  34. Ice cream stores or stands.
  35. Jewelry stores.
  36. Ladies apparel stores.
  37. Leather goods and luggage stores.
  38. Linen and bath shops.
  39. Men’s apparel stores.
  40. Millinery and haberdasheries.
  41. Musical instrument sales and repairs.
  42. Office supply stores.
  43. Orthopedic and medical appliance sores.
  44. Paint and wallpaper sales.
  45. Pewter and silver stores.
  46. Physical culture and health services.
  47. Pottery shops.
  48. Retail, mail-order stores.
  49. Sewing machine sales and services.
  50. Shoe stores.
  51. Special import stores.
  52. Sporting goods.
  53. Sports card stores.
  54. Tack shops.
  55. Tobacco shops.
  56. Toy stores.
  57. Variety and notion stores (dime stores).
  58. Woodcraft shops.
  59. Yarn and needlework shops.
2. Business Services.
  1. Artists and design studios.
  2. Banks and financial institutions (excluding drive-up).
  3. Beauty and barber shops.
  4. Brokerage houses.
  5. Business schools.
  6. Catering services.
  7. Chambers of commerce.
  8. Charitable organizations.
  9. Civic associations.
  10. Clothing and costume rental stores.
  11. Clubs and lodges, private, fraternal or religious.
  12. Coin and philatelic sales.
  13. Commercial or trade schools (dance studios, music schools or martial arts).
  14. Credit agencies.
  15. Currency exchanges.
  16. Data processing centers.
  17. Delicatessens.
  18. Dry cleaning shops.
  19. Employment agencies.
  20. Furniture repair.
  21. Furrier shops, storage and conditioning.
  22. General repair shops.
  23. Gift wrapping and mailing services.
  24. Interior decorating shops.
  25. Laundries.
  26. Lawn mower repair.
  27. Libraries.
  28. Locksmiths.
  29. Merchants’ associations.
  30. Newspaper offices.
  31. Pawn shops.
  32. Photocopying and printing.
  33. Photographic and art studio.
  34. Plumbing, heating, electrical and showroom shops (no outside storage allowed).
  35. Picture framing.
  36. Radio and television: service, repair and studios.
  37. Real estate offices.
  38. Restaurant and eating places (without drive-through, entertainment or dancing).
  39. Security and commodity brokers.
  40. Shoe repair shops.
  41. Tailor or dressmaker shop.
  42. Taxidermists.
  43. Travel agency.
  44. Upholstery stores.
  45. Video rentals.
  46. Brew pubs
3. Professional Offices.
  1. Accounting, auditing, and bookkeeping offices.
  2. Attorney and law offices.
  3. Business and management consultants.
  4. Engineering and architectural services
  5. Insurance agencies.
  6. Investment companies.
  7. Land surveyors.
  8. Landscape architects.
  9. Professional consultants.
4. Medical Offices.
  1. Chiropractor’s offices.
  2. Dentist’s offices.
  3. Doctor’s, surgeon’s and/or physician’s offices.
  4. Opticians.
  5. Ophthalmologists.
  6. Osteopath’s offices.
  7. Podiatrist’s offices.
5. Residential.
  1. Apartments above the ground floor.
6. Existing residential uses until such time as the property is converted to a business use.
Special Uses. Procedures and standards for special uses are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
1. Residential.
  1. Single Family homes.
  2. Townhomes, condominiums and apartments on the first floor.
  3. Apartments below the ground floor if half of the basement height is above grade.
2. Roadway Oriented.
  1. Automobile repair shops.
  2. Automobile service stations.
  3. Automobile body shop.
3. Retail – Pet Shops.
4. Business Services.
  1. Animal clinics (veterinarians).
  2. Banks and financial institutions, drive-up.
  3. Bed and breakfast guest houses.
  4. Blueprint and processing shops.
  5. Day care centers and nursery schools.
  6. Game rooms.
  7. Golf cart sales and service
  8. Hotels/motels.
  9. Museums
  10. Pet grooming facilities.
  11. Restaurants, with live entertainment and dancing.
  12. Theaters and auditoriums, indoor or outdoor.
  13. Tire and battery sales and service.
  14. Undertaking establishments, funeral parlors and mortuaries.
5. Institutional.
  1. Police and fire stations
  2. Post office and post office sub-stations.
  3. Public service or municipal garages.
  4. Public utilities as defined in Section 21.801 H, above.
  5. Municipal buildings
  6. Places of worship
Lot Requirements.
1. Minimum Lot Size – None.
2. Minimum Lot Width – None.
Yard Requirements – Where a rear or interior side yard of a business abuts a residential or institutional use, not less than twenty (20) feet of transition yard shall be provided.
Height Limitations – Three (3) stories and/or forty-five (45) feet.
Maximum Lot Coverage – All of a lot may be occupied by any principal structure, together with all impervious surfaces and accessory buildings.
Floor Area Ratio – Maximum FAR is 2.0
Off-Street Parking and Loading – Off-street parking and off-street loading may be reduced below that specified in Article 21-15, Off-Street Parking and Loading, of this Zoning Ordinance, if it can be demonstrated, as part of a special use permit, that conveniently located parking exists in the B-1 District to serve the proposed permitted or special use.

21.803 B-2, General Commercial

Purpose. The B-2, General Commercial District is intended to provide areas to be used for limited secondary shopping areas for residents of Newark. This district permits most all types of business and commercial enterprises, offices and service establishments. The district will be located outside of the Downtown District at the convergence of, or along major thoroughfares of Newark.
Permitted Uses.
1. All B-1 permitted uses.
2. Garden supply and/or greenhouses (retail sales only).
3. Grocery stores and supermarkets.
4. Department stores
Special Uses. In addition to the special uses listed in the B-1, Downtown Business District, the following may be allowed only as a special use, according to standards and procedures listed in Article 21-4, General Provisions, and Article 21-20, Administration and Enforcement of this Zoning Ordinance:
1. Roadway-Oriented Uses.
  1. Ambulance services.
  2. Automobile car washes.
  3. Automobile rental, sales and service.
  4. Boat dealer (sales, rental and repair).
  5. Camper sales and service.
  6. Drive-in cleaners.
  7. Drive-in theaters.
  8. Drive-in banks.
  9. Drive-in restaurants.
  10. Gas Station/Mini-Mart
  11. Hotels/motels.
  12. Mobile home sales.
  13. Motorcycle sales and service.
  14. Open sales lot.
  15. Recreation vehicle sales or rental.
  16. Shopping centers.
  17. Snowmobile sales and service.
  18. Trailer sales or rental.
  19. Used car lots.
2. Business Service.
  1. Animal shelters.
  2. Auction rooms.
  3. Bottled gas dealers.
  4. Bowling alleys.
  5. Contractor and construction offices.
  6. Farm implements.
  7. Health clubs.
  8. Kennels.
  9. Racquet clubs.
  10. Warehouse and storage.
3. Residential.
  1. Congregate care.
  2. Convalescent centers and nursing homes.
4. Institutional.
  1. Municipal/governmental buildings
  2. Police and fire stations.
  3. Public service or municipal garages.
  4. Public utilities, as defined in Section 21.801 H, above.
5. Planned Developments.
Lot Requirements.
1. Minimum Lot Size – Not less than 30,000 square feet. Lot size shall be increased as necessary to comply with applicable standards of this District.
2. Minimum Lot Width – Not less than one hundred (100) feet.
Yard and Setback Regulations. Every building hereafter erected or enlarged in this District shall provide and maintain a setback according to the following:
1. Setback from Major Roadways – As provided in Section 21.801 G, above.
2. Minimum Front and Corner Side Yards – Not less than thirty five (35) feet from a front or corner side lot line.
3. Minimum Interior Side Yards – Not less than fifteen (15) feet from an interior side lot line.
4. Minimum Rear Yards – Not less than thirty (30) feet from a rear lot line.
5. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Thirty (30) feet.
  2. Rear Yard – Sixty (60) feet.
Maximum Lot Coverage – No more than sixty-five (65) percent of a lot can be occupied with buildings, accessory structures, and impervious surfaces.
Height Limitations – Forty-five (45) feet.
Floor Area Ratio – 1.0

21.804 B-3, Commercial Recreation

Purpose. The B-3, Commercial Recreation District is intended to accommodate those uses whose activities, size, scale, traffic volumes, noise, lights, or physical hazards, such as flying objects or use of weapons, directly impact the community. Uses in this district shall be permitted only as special uses, according to procedures set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
Special Uses.
1. Recreation.
  1. Amphitheaters (outdoor theaters).
  2. Amusement parks.
  3. Archery ranges.
  4. Batting cages
  5. Bowling alleys
  6. Campgrounds.
  7. Drive-in theaters.
  8. Fairgrounds.
  9. Fishing ponds, commercial.
  10. Golf courses.
  11. Golf driving ranges.
  12. Hunt and gun clubs.
  13. Miniature golf courses.
  14. Polo fields.
  15. Racetracks (e.g.: auto, dog, go-kart, harness, horse, motorcycle)
  16. Rifle ranges.
  17. Resorts.
  18. Skating rinks, ice and roller
  19. Sport arenas and stadiums.
  20. Stables, commercial.
  21. Theme parks.
  22. Water parks.
Lot Requirements.
1. Minimum Lot Size – Minimum lot size shall be determined as part of the special use permit.
2. Minimum Lot Width – None.
Yard Requirements (for all improvements except the minimum required landscaping).
1. Minimum Front and Corner Side Yards – Not less than sixty (60) feet from a front or corner side lot line.
2. Minimum Interior Side Yards – Not less than thirty-five (35) feet from an interior side lot line.
3. Minimum Rear Yards – Not less than fifty (50) feet from the rear lot line, or one-half the height of the building, whichever is greater.
4. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Two hundred fifty (250) feet.
  2. Rear Yard – Two hundred fifty (250) feet.
Height Limitations – To be determined as part of a special use permit.

Newark City Zoning Code

ARTICLE 21

8 Business Districts

21.801 General Provisions

Purpose. The B-1, B-2 and B-3 Districts set forth herein are established to: protect the public health; promote public safety, comfort, convenience and the general welfare; and to protect the economic base of, and property values within, the Village of Newark. These general purposes include, among others, the following objectives:
1. To promote the most desirable use of land in accordance with a well considered plan, so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the Village.
2. To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.
3. To encourage the grouping of compatible business uses which will tend to draw trade that is mutually interchangeable, and so promote public convenience and business prosperity, and contribute to the alleviation of traffic and pedestrian congestion by encouraging the use of a common ingress and egress.
4. To promote the establishment of off-street parking facilities so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
5. To promote design appearance, style and construction of structures in the business districts which will be essentially compatible with the residential character and a turn-of-the-century business district of the Village of Newark.
Special Uses.
1. It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified without consideration of the impact, in each case, of these uses upon neighboring land and the public need for the particular use at the particular location. These uses include:
  1. Uses publicly operated or traditionally affected with a public interest.
  2. Private uses of such an unusual nature that their operation may give rise to unique problems with respect to their impact on neighboring property.
2. The special uses listed in each district may be permitted by the adoption of a Special Use Ordinance by the Village Board of Trustees, upon recommendation of the Zoning Board of Appeals. Procedures for requesting a special use permit are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Ordinance.
Accessory Uses.
1. For the purpose of this Article, accessory uses shall include buildings or other structures customarily incidental to, and commonly associated with a permitted or special use. These uses shall be permitted, provided they:
  1. Are operated and maintained under the same ownership and are located on the same lot as the permitted or special use.
  2. Do not include structures or structural features inconsistent with these uses.
2. Standards for accessory buildings and uses are described in Article 21-4, General Provisions, of this Zoning Ordinance.
Performance Standards. All activities shall conform with the performance standards established by Article 21-14, Performance Standards, of this Zoning Ordinance.
Planned Developments. A business planned development shall be permitted in any Business District according to criteria and procedures set forth in Article 21-12, Planned Developments, of this Ordinance.
Site Development Requirements. All businesses shall comply with applicable standards and procedures set forth in Article 21-13, Site Development Requirements.
Setback from Major Roadway. Unless otherwise approved as part of a rezoning, planned development or special use permit:
1. All structures hereinafter constructed in business districts (except B-1) shall be set back at least thirty (35) feet from the following major roads and highway, as measured from the existing street right-of-way, or such future right of way as recommended by the entity having jurisdiction over that road or highway:
  1. Illinois Route 71
  2. Newark Road
  3. Townhouse Road
  4. Johnson Street
2. Buildings constructed for commercial purposes along other Village streets in Business Districts other than B-1, shall have a minimum building setback line of thirty-five (35) feet, as measured from the right-of-way.
Public Utilities. Public utility and service use shall only be allowed as a special use in business districts. For the purpose of this Ordinance, public utilities and service uses shall include, but not be limited to:
1. Essential services, including: Fully automated gas regulating stations; telephone exchanges; and electric substations.
2. Tower and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations.
3. Wastewater treatment plant.
4. Water works, reservoirs, pumping stations, filtration plants and wells.

21.802 B-1, Downtown Business District

Purpose. This district is intended to function exclusively as the Village’s Central Business District. The district accommodates a mix of uses, designed to attract consumers, and to mutually support one another.
Permitted Uses.
1. Retail.
  1. Antique shops.
  2. Art Galleries.
  3. Art and school supplies.
  4. Automobile parts stores.
  5. Bakeries, in which the manufacture of goods is limited to goods retailed on the premises only.
  6. Bicycle sales and repairs.
  7. Book stores.
  8. Bridal shops.
  9. Business machine sales and service.
  10. Butcher shops.
  11. Camera stores.
  12. Camping equipment sales and rental (excluding trailers and similar campers).
  13. Candle shops.
  14. Candy and confectionery stores.
  15. Card shops.
  16. Carpet stores.
  17. Children’s apparel shops.
  18. China and glassware stores.
  19. Christmas shops.
  20. Compact disc, cassette tape and phonograph record stores.
  21. Computers, sales and service.
  22. Drug stores and pharmacies.
  23. Farm supplies (except implements).
  24. Florist shops.
  25. Floor covering and tiles stores.
  26. Food stores, including grocery, convenience and specialty (coffee, fudge, etc.).
  27. Furniture stores.
  28. Gift shops.
  29. Handmade crafts.
  30. Hardware stores.
  31. Hearing aid stores.
  32. Herbs, spices and kitchen specialties.
  33. Hobby shops.
  34. Ice cream stores or stands.
  35. Jewelry stores.
  36. Ladies apparel stores.
  37. Leather goods and luggage stores.
  38. Linen and bath shops.
  39. Men’s apparel stores.
  40. Millinery and haberdasheries.
  41. Musical instrument sales and repairs.
  42. Office supply stores.
  43. Orthopedic and medical appliance sores.
  44. Paint and wallpaper sales.
  45. Pewter and silver stores.
  46. Physical culture and health services.
  47. Pottery shops.
  48. Retail, mail-order stores.
  49. Sewing machine sales and services.
  50. Shoe stores.
  51. Special import stores.
  52. Sporting goods.
  53. Sports card stores.
  54. Tack shops.
  55. Tobacco shops.
  56. Toy stores.
  57. Variety and notion stores (dime stores).
  58. Woodcraft shops.
  59. Yarn and needlework shops.
2. Business Services.
  1. Artists and design studios.
  2. Banks and financial institutions (excluding drive-up).
  3. Beauty and barber shops.
  4. Brokerage houses.
  5. Business schools.
  6. Catering services.
  7. Chambers of commerce.
  8. Charitable organizations.
  9. Civic associations.
  10. Clothing and costume rental stores.
  11. Clubs and lodges, private, fraternal or religious.
  12. Coin and philatelic sales.
  13. Commercial or trade schools (dance studios, music schools or martial arts).
  14. Credit agencies.
  15. Currency exchanges.
  16. Data processing centers.
  17. Delicatessens.
  18. Dry cleaning shops.
  19. Employment agencies.
  20. Furniture repair.
  21. Furrier shops, storage and conditioning.
  22. General repair shops.
  23. Gift wrapping and mailing services.
  24. Interior decorating shops.
  25. Laundries.
  26. Lawn mower repair.
  27. Libraries.
  28. Locksmiths.
  29. Merchants’ associations.
  30. Newspaper offices.
  31. Pawn shops.
  32. Photocopying and printing.
  33. Photographic and art studio.
  34. Plumbing, heating, electrical and showroom shops (no outside storage allowed).
  35. Picture framing.
  36. Radio and television: service, repair and studios.
  37. Real estate offices.
  38. Restaurant and eating places (without drive-through, entertainment or dancing).
  39. Security and commodity brokers.
  40. Shoe repair shops.
  41. Tailor or dressmaker shop.
  42. Taxidermists.
  43. Travel agency.
  44. Upholstery stores.
  45. Video rentals.
  46. Brew pubs
3. Professional Offices.
  1. Accounting, auditing, and bookkeeping offices.
  2. Attorney and law offices.
  3. Business and management consultants.
  4. Engineering and architectural services
  5. Insurance agencies.
  6. Investment companies.
  7. Land surveyors.
  8. Landscape architects.
  9. Professional consultants.
4. Medical Offices.
  1. Chiropractor’s offices.
  2. Dentist’s offices.
  3. Doctor’s, surgeon’s and/or physician’s offices.
  4. Opticians.
  5. Ophthalmologists.
  6. Osteopath’s offices.
  7. Podiatrist’s offices.
5. Residential.
  1. Apartments above the ground floor.
6. Existing residential uses until such time as the property is converted to a business use.
Special Uses. Procedures and standards for special uses are set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
1. Residential.
  1. Single Family homes.
  2. Townhomes, condominiums and apartments on the first floor.
  3. Apartments below the ground floor if half of the basement height is above grade.
2. Roadway Oriented.
  1. Automobile repair shops.
  2. Automobile service stations.
  3. Automobile body shop.
3. Retail – Pet Shops.
4. Business Services.
  1. Animal clinics (veterinarians).
  2. Banks and financial institutions, drive-up.
  3. Bed and breakfast guest houses.
  4. Blueprint and processing shops.
  5. Day care centers and nursery schools.
  6. Game rooms.
  7. Golf cart sales and service
  8. Hotels/motels.
  9. Museums
  10. Pet grooming facilities.
  11. Restaurants, with live entertainment and dancing.
  12. Theaters and auditoriums, indoor or outdoor.
  13. Tire and battery sales and service.
  14. Undertaking establishments, funeral parlors and mortuaries.
5. Institutional.
  1. Police and fire stations
  2. Post office and post office sub-stations.
  3. Public service or municipal garages.
  4. Public utilities as defined in Section 21.801 H, above.
  5. Municipal buildings
  6. Places of worship
Lot Requirements.
1. Minimum Lot Size – None.
2. Minimum Lot Width – None.
Yard Requirements – Where a rear or interior side yard of a business abuts a residential or institutional use, not less than twenty (20) feet of transition yard shall be provided.
Height Limitations – Three (3) stories and/or forty-five (45) feet.
Maximum Lot Coverage – All of a lot may be occupied by any principal structure, together with all impervious surfaces and accessory buildings.
Floor Area Ratio – Maximum FAR is 2.0
Off-Street Parking and Loading – Off-street parking and off-street loading may be reduced below that specified in Article 21-15, Off-Street Parking and Loading, of this Zoning Ordinance, if it can be demonstrated, as part of a special use permit, that conveniently located parking exists in the B-1 District to serve the proposed permitted or special use.

21.803 B-2, General Commercial

Purpose. The B-2, General Commercial District is intended to provide areas to be used for limited secondary shopping areas for residents of Newark. This district permits most all types of business and commercial enterprises, offices and service establishments. The district will be located outside of the Downtown District at the convergence of, or along major thoroughfares of Newark.
Permitted Uses.
1. All B-1 permitted uses.
2. Garden supply and/or greenhouses (retail sales only).
3. Grocery stores and supermarkets.
4. Department stores
Special Uses. In addition to the special uses listed in the B-1, Downtown Business District, the following may be allowed only as a special use, according to standards and procedures listed in Article 21-4, General Provisions, and Article 21-20, Administration and Enforcement of this Zoning Ordinance:
1. Roadway-Oriented Uses.
  1. Ambulance services.
  2. Automobile car washes.
  3. Automobile rental, sales and service.
  4. Boat dealer (sales, rental and repair).
  5. Camper sales and service.
  6. Drive-in cleaners.
  7. Drive-in theaters.
  8. Drive-in banks.
  9. Drive-in restaurants.
  10. Gas Station/Mini-Mart
  11. Hotels/motels.
  12. Mobile home sales.
  13. Motorcycle sales and service.
  14. Open sales lot.
  15. Recreation vehicle sales or rental.
  16. Shopping centers.
  17. Snowmobile sales and service.
  18. Trailer sales or rental.
  19. Used car lots.
2. Business Service.
  1. Animal shelters.
  2. Auction rooms.
  3. Bottled gas dealers.
  4. Bowling alleys.
  5. Contractor and construction offices.
  6. Farm implements.
  7. Health clubs.
  8. Kennels.
  9. Racquet clubs.
  10. Warehouse and storage.
3. Residential.
  1. Congregate care.
  2. Convalescent centers and nursing homes.
4. Institutional.
  1. Municipal/governmental buildings
  2. Police and fire stations.
  3. Public service or municipal garages.
  4. Public utilities, as defined in Section 21.801 H, above.
5. Planned Developments.
Lot Requirements.
1. Minimum Lot Size – Not less than 30,000 square feet. Lot size shall be increased as necessary to comply with applicable standards of this District.
2. Minimum Lot Width – Not less than one hundred (100) feet.
Yard and Setback Regulations. Every building hereafter erected or enlarged in this District shall provide and maintain a setback according to the following:
1. Setback from Major Roadways – As provided in Section 21.801 G, above.
2. Minimum Front and Corner Side Yards – Not less than thirty five (35) feet from a front or corner side lot line.
3. Minimum Interior Side Yards – Not less than fifteen (15) feet from an interior side lot line.
4. Minimum Rear Yards – Not less than thirty (30) feet from a rear lot line.
5. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Thirty (30) feet.
  2. Rear Yard – Sixty (60) feet.
Maximum Lot Coverage – No more than sixty-five (65) percent of a lot can be occupied with buildings, accessory structures, and impervious surfaces.
Height Limitations – Forty-five (45) feet.
Floor Area Ratio – 1.0

21.804 B-3, Commercial Recreation

Purpose. The B-3, Commercial Recreation District is intended to accommodate those uses whose activities, size, scale, traffic volumes, noise, lights, or physical hazards, such as flying objects or use of weapons, directly impact the community. Uses in this district shall be permitted only as special uses, according to procedures set forth in Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance.
Special Uses.
1. Recreation.
  1. Amphitheaters (outdoor theaters).
  2. Amusement parks.
  3. Archery ranges.
  4. Batting cages
  5. Bowling alleys
  6. Campgrounds.
  7. Drive-in theaters.
  8. Fairgrounds.
  9. Fishing ponds, commercial.
  10. Golf courses.
  11. Golf driving ranges.
  12. Hunt and gun clubs.
  13. Miniature golf courses.
  14. Polo fields.
  15. Racetracks (e.g.: auto, dog, go-kart, harness, horse, motorcycle)
  16. Rifle ranges.
  17. Resorts.
  18. Skating rinks, ice and roller
  19. Sport arenas and stadiums.
  20. Stables, commercial.
  21. Theme parks.
  22. Water parks.
Lot Requirements.
1. Minimum Lot Size – Minimum lot size shall be determined as part of the special use permit.
2. Minimum Lot Width – None.
Yard Requirements (for all improvements except the minimum required landscaping).
1. Minimum Front and Corner Side Yards – Not less than sixty (60) feet from a front or corner side lot line.
2. Minimum Interior Side Yards – Not less than thirty-five (35) feet from an interior side lot line.
3. Minimum Rear Yards – Not less than fifty (50) feet from the rear lot line, or one-half the height of the building, whichever is greater.
4. Transition Yards – Where a side or rear lot line coincides with a side or rear lot line in a residential or institutional use, the interior side or rear yard requirements for a commercial lot shall be increased as follows:
  1. Interior Side Yard – Two hundred fifty (250) feet.
  2. Rear Yard – Two hundred fifty (250) feet.
Height Limitations – To be determined as part of a special use permit.