Newark City Zoning Code

The City Master Plan pursuant to N.J.S.A. 40:55D-28 subdivision ordinance and site plan review pursuant to the provisions of the ordinances of the City of Newark and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

The Official Map in accordance with the provisions of the ordinances and N.J.S.A. 40:55D-32 et seq.

The zoning ordinance, including conditional uses, pursuant to this Chapter.

Municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Municipal Council, pursuant to N.J.S.A. 40:55D-29 et seq.

Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to the Board's ancillary powers.

Participate in the preparation and review of programs or plans required by State or Federal law or regulations.

Assemble data on a continuing basis as part of a continuous planning process.

Perform other such advisory duties as are assigned to it by ordinance or resolution of the Municipal Council.

Central Planning Board Review in Lieu of Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a use variance, the Central Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:

Whenever relief is requested pursuant to this Subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Central Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance.

Prior to the adoption of a development regulation, revision or amendment thereto, the Central Planning Board shall make and transmit to the Municipal Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulation which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and other matters as the Board deems appropriate. The Municipal Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Central Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Central Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Municipal Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Central Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.