For the purpose of limiting and restricting to specified districts, and regulating therein buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the use of land, and to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use and extent of use of buildings and structures and land, for trade, industry, residence or other purposes excluding municipally owned and operated or municipally operated buildings and related premises used for governmental purposes, the City of Newark is hereby divided into districts, of which there shall be 22 in number, as more specifically set forth in the Zoning Maps which can be found in Appendix 41:A2:

The boundaries of the districts set forth above shall be as shown and delineated on the "Newark Zoning Maps," declared to be part of this Chapter.

The Newark Zoning Maps may be found in Appendix 41:A2.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Title, the following rules shall apply:

Where the district boundaries are either streets or alleys, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Title are bounded approximately by streets or alley lines, the center line of the street or alley shall be construed to be the boundary of such district.

The district boundaries are, unless otherwise indicated, either street lines or parcel lines. Where a parcel consolidated, subdivided, or otherwise altered to be split between zoning districts, the portions of the parcel in each zone shall be subject to the applicable controls. Where uncertainty exists about the extent of the zone within a parcel, the zoning officer shall make a determination as to the appropriate location of the zone line.

Except as otherwise provided in this Title:

No building, structure or land shall be used for, nor shall any building or structure be erected, converted, enlarged, reconstructed, or structurally altered for any use which does not comply with all district regulations established by this Title for the district in which the building, structure, or land is located.

The yard regulations and the lot area per unit provisions required by this Title shall be considered minimum regulations for each and every building or structure existing on the effective date of the zoning ordinance and for any building or structure thereafter erected or structurally altered. No land required for yards, or lot area per unit provisions for any building or structure hereafter erected or structurally altered, shall be considered as a yard or for a lot area for any other building or structure.

Any indoor living space that could be converted to an additional dwelling unit shall be considered as an additional dwelling unit for all zoning, building, or land development regulation purposes. Such an indoor space shall be defined as having 250 or more square feet and having direct access to the structure's common stairwell, hallway, or lot. Such spaces are typically labeled as recreation rooms, storage rooms, home offices, dens, or a combination of such rooms. If, however, this space contains the dwelling unit's only entranceway, or consists of a dwelling unit's only living room, dining room, or kitchen, it shall not be considered an additional dwelling unit. If this space consists of a commercial or live/work area required because it fronts on a commercial row or is proposed as permitted commercial space, it shall not be considered an additional dwelling unit.

Whenever lands or territory shall hereafter be acquired by annexation, the lands or territory shall be deemed to be zoned as it was prior to annexation in the municipality from which it was acquired.

Any parcel of land that existed at the time of adoption of this Ordinance[1] in the R-1, R-2, R-3, or R-4 Zone having an area or width less than the minimum required for the smallest permitted building type in the zone shall be considered an existing undersized residential lot, if at the time of, and since the adoption of this Ordinance, the owner did not own any adjoining property.

When a property qualifies as an existing undersized residential lot, variance relief for insufficient lot width or lot area shall not be required in the following circumstances: