Newark City Zoning Code
Chapter
41:6 Conditional Use Standards
§ 41:6-1 Enumerated; Applications; Procedure.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following are conditional use regulations, and they shall be governed as provided below. Since the uses below may be inimical to the public safety and general welfare if located without due consideration of conditions and surroundings, no permit therefore shall be issued unless an application is first made to the Central Planning Board, which is directed to hear the same in the same manner and under the same procedures as set forth in Section 54 of the Municipal Land Use Law (C.40:55D-67). No application for a conditional use shall be granted by the Central Planning Board if in its judgment such use will be detrimental to the health, safety and general welfare of the community.
§ 41:6-2 Standards for Conditional Uses.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:6-2-1 Accessory Dwelling Units.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Only one ADU structure allowed per property, detached or attached to the principal residence.
2.
ADU shall be subject to review by the Landmarks and Historic Preservation Commission where such review is otherwise required.
3.
ADU shall not be permitted in a basement, cellar, or attic.
4.
The conversion of an existing garage into an ADU shall not be permitted.
5.
ADU shall not be used for short-term rental. The minimum lease duration shall be six months.
6.
Subdivision shall not be allowed to separate ADU from the principal residence.
7.
Common ownership (principal dwelling and ADU) and owner occupancy (principal dwelling or ADU) shall be required.
8.
One off-street parking space shall be required.
9.
A minimum lot area of 5,000 SF shall be required.
10.
Minimum ADU floor area 400 SF or 25% of the floor area of the principal dwelling, but not to exceed 600 SF.
11.
Detached accessory dwelling unit bulk standards:
12.
ADU shall generally match the architectural style, appearance and character of the principal building through the use of similar materials, window, facade and roof design, or to complement the principal building through use of materials and design of equal or better quality.
13.
No trees shall be removed for the construction of ADU.
14.
All other bulk standards (coverage, etc.) in the zone apply.
§ 41:6-2-2 Animal Boarding or Kennel, Pound or Shelter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
2.
Buffers and Fences. Outdoor facilities shall be enclosed within a fence meeting the following requirements:
3.
Noise. Applicants for such uses shall demonstrate compliance with all New Jersey Department of Environmental Protection (NJDEP) State Noise Control Regulations (N.J.A.C. 7:29). The approving board may require additional information and studies as necessary to demonstrate compliance with these standards.
4.
Condition of Approval. The applicant shall agree as a condition of approval that the proposed facility shall:
a.
Obtain a license and comply with all applicable regulations pursuant to Title VI, Animals and Fowl, Chapter 6:1, Domestic Animals, Article 3, Establishments for Dogs, of the Revised General Ordinances of the City of Newark, and N.J.S.A. 4:19 15.1 et seq. A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
b.
Comply with the applicable requirements of N.J.A.C. 8:23A-1.1 et seq. Sanitary Operation of Kennels, Pet Shops, Shelters and Pounds.
c.
Provide a suitable Operation and Maintenance Plan to operate the facility in a clean and sanitary manner, including daily removal of waste and odor and pest control.
d.
Obtain licenses as a Commercial Pesticide Applicator from the State of New Jersey Department of Environmental Protection (NJDEP) pursuant to N.J.A.C. 7:30-1.1 et seq. if the facility engages in the use of pesticides to control pests including but not limited to fleas, ticks, or mites.
§ 41:6-2-3 Animal Crematorium.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. No animal crematorium shall be permitted within 1,000 feet of a residential use.
2.
Condition of Approval. The applicant shall agree as a condition of approval that the proposed facility shall:
a.
Be associated with a veterinarian licensed in the state of New Jersey.
b.
Screen from public view through fencing, landscaping or buildings, all activity relating to the deceased animals, including delivery and storage of the corpse.
c.
Not store deceased animals outside the facility.
d.
Limit the storage of deceased animals to no more than 48 hours.
e.
Place solid waste associated with the animal crematorium on an impervious area and store in a covered container within the building.
f.
Shall restrict activities to the preparation and cremation of small animals only. No animals that were used for research or were not considered a pet will be allowed.
§ 41:6-2-4 Artist Live/Work Studio (Nuisance Producing).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. No live/work studio shall be situated on a higher floor than a non-live/work residential unit.
3.
All odors, vibrations, and noise generated must be contained within the individual live/work unit.
4.
Condition of Approval. The applicant shall agree as a condition of approval that the proposed studio shall comply with all applicable municipal, County, State and Federal safety and environmental regulations.
5.
Additional Requirements. A list of hazardous materials to be utilized in the live/work studio area shall be submitted to the approving board at the time of application. Such list shall be made available to any other tenants of the building upon their request.
§ 41:6-2-5 Assisted Living Facilities and Nursing Homes.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. Assisted living facilities and nursing homes shall be located on a collector or arterial street.
2.
Bulk/Building Requirements. Such facilities shall meet the dimensional requirements according to the most appropriate residential building type based on building height (i.e. Low-Rise Residential, Mid-Rise Residential, etc.). The corresponding building type must be permitted in the zone in which the facility is proposed.
4.
Condition of Approval. The applicant shall agree as a condition of approval that the proposed facility shall:
a.
Obtain a certificate of need pursuant to N.J.A.C. 8:33H-1.1 et seq. and maintain and operate the facility in accordance with the regulations therein;
b.
Obtain all required licenses from the appropriate City, State and Federal agencies which regulate assisted living facilities and nursing homes.
c.
A copy of all licenses and certificates shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
§ 41:6-2-6 Automobile Car Washes.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A car wash shall be completely enclosed for all operations in a building which meets the dimensions of the underlying zoning. Final hand drying operations are permitted to take place in an unenclosed area.
2.
Buffers and Fences. A car wash shall comply with the following requirements for buffers and fences:
3.
Outdoor Storage. A car wash shall comply with the following outdoor storage requirements:
a.
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
4.
On-Site Circulation. A car wash shall comply with the following on-site circulation requirements:
a.
Stacking spaces. The number of required on-site stacking spaces shall be a minimum of 10 spaces if the conveyor line is 120 feet or less in length. Such spaces shall be increased by one space for each additional 10 feet or part thereof that the conveyor line exceeds 120 feet.
b.
The building exit for vehicles that have completed the washing process shall be at least 50 feet from the nearest point of the public sidewalk of the adjacent street.
c.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.
d.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
e.
Car stacking and drying in the public right-of-way is prohibited.
§ 41:6-2-7 Automobile Paint and Body Repair.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. Spray booths are not permitted at any facility located within 1,000 feet of a property used for residential use.
2.
Bulk/Building Requirements. An automobile paint and autobody repair establishment shall be completely enclosed for all operations in a building which meets the bulk standards of the industrial building type.
3.
Buffers and Fences. An automobile paint and autobody repair establishment shall comply with the following requirements for buffers and fences:
4.
Outdoor Storage. An automobile paint and autobody repair establishment shall comply with the following outdoor storage requirements:
a.
Storage areas for vehicles waiting for repair shall be provided on the site and shall not occur in the public right-of-way.
b.
All dismantled vehicles, equipment and parts and accessories thereof shall be stored within a building or behind a solid screen fence no less than six feet high.
c.
Outdoor storage areas shall not be permitted in any required front or side yard.
5.
On-Site Circulation. An automobile paint and autobody repair establishment shall comply with the following on-site circulation requirements:
a.
There shall be sufficient area on site for all vehicle maneuvering and repositioning of inventory.
b.
No vehicles shall stand or be parked in the public right-of-way.
c.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.
d.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
6.
Odor Control. No odors should be noticeable past the property line.
§ 41:6-2-8 Automobile Rental.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Buffers and Fences. An automobile rental establishment shall comply with the following requirements for buffers and fences:
2.
Outdoor Storage. An automobile rental establishment shall comply with the following outdoor storage requirements:
3.
On-Site Circulation. An automobile rental establishment shall comply with the following on-site circulation requirements:
a.
Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site, or maneuvering to park on the site.
b.
No vehicles shall stand or be parked in the public right-of-way.
c.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.
d.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
§ 41:6-2-9 Automobile Repair & Tire Repair.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. An automobile repair shop shall be completely enclosed for all operations in a building which meets the dimensions of the detached commercial building type when in a commercial or mixed-use zone or industrial building type when in an industrial zone.
2.
Buffers and Fences. An automobile repair shop shall comply with the following requirements for buffers and fences:
3.
Outdoor Storage. An automobile repair shop shall comply with the following requirements for outdoor storage:
a.
Storage areas for vehicles waiting for repair shall be provided on the site and shall not occur in the public right-of-way.
b.
All dismantled vehicles, equipment and parts and accessories thereof shall be stored within a building or behind a solid screen fence no less than six feet high. Such fence shall be least 15 feet from the right-of-way and property.
c.
Outdoor storage areas shall not be permitted in any required yard.
4.
On-site Circulation. An automobile repair shop shall comply with the following requirements for on-site circulation:
a.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.
b.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
c.
There shall be sufficient area on site for all vehicle maneuvering.
d.
Cars shall not be maneuvered or repositioned in the public right-of-way.
§ 41:6-2-10 Automobile Sales.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. All such establishments shall have a fully enclosed sales building which meets the dimensions of the detached commercial building type when in a commercial or mixed-use zone or industrial building type when in an industrial zone with a showroom area accommodating at least three automobiles. Vehicle service or repair may be performed as an accessory use, but only within a totally enclosed building.
2.
Buffers and Fences. An automobile sales establishment shall comply with the following requirements for buffers and fences:
3.
Outdoor Storage. An automobile sales establishment shall comply with the following requirements for outdoor storage:
4.
On-site circulation. An automobile sales establishment shall comply with the following requirements for on-site circulation:
a.
There shall be sufficient area on site for all vehicle maneuvering and repositioning of inventory. No vehicles shall stand or be parked in the public right-of-way. All vehicle service must be performed on-site.
b.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.
c.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
§ 41:6-2-11 Billboards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. A billboard facility shall comply with the following locational requirements:
a.
No such billboard facility can be erected such that any part of the structure is in or is positioned to be within the direct line of sight from any school, park, historic district, historic structure, residentially zoned district, or any portion of the City of Newark within the area bordered by Interstate 280 at the north, Dr. Martin Luther King, Jr. Boulevard at the west, East and West Kinney Streets at the south, the Northeast Corridor Railroad right-of-way and the Passaic River at the east.
b.
No such billboard facility can be erected within 1,000 feet (measured in a straight line) of the border with any facility or district listed above.
c.
No billboard shall be located closer than 1,000 feet (measured in a straight line) from another such billboard.
2.
Bulk/Design Requirements. A billboard facility shall comply with the following bulk/design requirements:
a.
No such billboard facility shall exceed a height of 40 feet from grade at its highest point for a freestanding unit or unit mounted on a building wall. Any billboard mounted on a building rooftop may not project more than 20 feet above the height of the building's roof.
b.
No such billboard facility shall be allowed to obscure or cover any building's windows, doorways, architectural trim, nor shall it be located within five feet of such a building feature.
c.
The maximum permitted advertising area showing in one general direction (within 45°) shall not exceed 650 square feet for a single billboard or combination of billboards.
3.
Landscaping. A billboard facility shall comply with the following landscaping requirements:
a.
No trees or other landscaping features can be removed or substantially reduced in size in any way to accommodate the visibility of the billboard.
b.
Visual impact on the surrounding areas shall be minimized through the use of landscaping, berming, and grading at the base of the unit. Dense all-season or evergreen landscaping shall be installed at the base of any freestanding billboard structure, and digital billboards are prohibited.
4.
Submission Requirements. Any application for conditional use review for a billboard must include the same information as would be required for a site plan review to be deemed complete.
5.
Condition of Approval. A billboard facility shall comply with the following requirements:
a.
The billboard operator or owner shall comply with the Roadside Sign Control and Outdoor Advertising Act as contained in N.J.S.A. 27:5-5 et seq. as well as all other regulations, statutes, or laws relating to billboards.
b.
Condition of Approval. All billboards in the City of Newark must be properly maintained for safety and aesthetic value. Any billboard facility that has signs of disrepair including, but not limited to, graffiti, rust, peeling paint, rotten wood, broken supports or boards, or other signs of disrepair for a period of more than 30 days is not being properly maintained and is defined to be abandoned. Any billboard that is not in use for more than 120 days is also defined to be abandoned. Any abandoned billboard facility loses its preexisting nonconforming status and must be removed by its owner or operator. The only exception to the preceding sentence applies to billboards within jurisdiction of the Federal Highway Beautification Act (23 USC 131) in which case removal may be required by State and/or Federal transportation authorities.
c.
All billboard operators are required to comply with all other ordinances and regulations that pertain to billboard licenser placement and operations.
6.
Additional Requirements. Any existing billboard for which structural changes are made must comply with all standards and conditions in this statute or the billboard must be removed. The only exception to the preceding sentence applies to billboards within jurisdiction of the Federal Highway Beautification Act (23 USC 131), in which case removal may be required by State and/or Federal transportation authorities.
§ 41:6-2-12 Child Care Centers ("Day Care Centers").
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A child care center shall comply with the following bulk/building requirements:
a.
A standalone child care center shall conform to the Detached Commercial building bulk and area requirements.
2.
Pick-up and Drop-off. All such facilities shall provide either one of the following:
a.
Off-street parking spaces reserved for parents walking their children into and out of the child care facility, sufficient to accommodate the drop-off or pick-up at peak times of use; or
b.
A safe on-site pickup and delivery area separate from the off-street parking area and access driveway so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway or aisle; or
c.
An area within the public right-of-way signed and designated for short-term pick-up and drop-off only during peak hours, subject to approval by the Division of Traffic and Signals and/or City Council.
3.
Condition of Approval. The applicant shall agree as a condition of approval:
a.
To obtain a license pursuant to N.J.S.A. 30:5B-1 et seq. Child Care Center Licensing Act, and Chapter 122 Manual of Requirements for Child Care Centers (N.J.A.C. 10:122-1.1 et seq.). A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
b.
To comply with applicable facility requirements pursuant to N.J.S.A. 30:5B-1 et seq. Child Care Center Licensing Act, and Chapter 122 Manual of Requirements for Child Care Centers (N.J.A.C. 10:122 1.1 et seq.) and applicable provisions of City and State health and construction codes.
§ 41:6-2-13 Commercial Antennas & Microwave Dishes.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
General Standards.
a.
No permit shall be issued for the erection or installation of a commercial antenna except upon site plan approval unless the installation qualifies as a collocation at an existing site (for Commercial Antennas & Microwave Dishes Collocation see Section 41:4-6-4).
b.
The antenna project design is required to be structurally sound. The antenna project is to be certified to not create any hazard to the general public and any inhabitants or occupants of the site in question or any sites in the vicinity thereof.
c.
The antenna project including mountings, wiring, and equipment placed on structures other than buildings shall be camouflaged in the most concealing manner possible and hidden from public view. This includes mountings on billboards or other existing non-building structures.
d.
Any antenna installation on a structure that is or was constructed exclusively for the mounting of antennas, such as a tower, shall meet the following requirements for the antennas and the structure:
i.
The structure shall not exceed a height of 100 feet unless it can be demonstrated by the applicant, to the satisfaction of the reviewing board, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and is necessary for the co-location of at least three other carriers on the tower.
ii.
The structure and site must be at least 500 feet from any residential district boundary; a school; a Historic District; a public park; or a place of worship. Such structure must also be out of view from any Historic District or landmark.
iii.
All electronic equipment for such antennas shall be kept inside a structure on the same site as the antenna structure. This housing structure shall be less than 15 feet tall and be clad in wood siding, brick, or other appropriate material.
iv.
The site must be landscaped with densely planted, mature evergreens that are a minimum of 15 feet tall to screen all structures including equipment storage buildings and tower bases, to the greatest extent possible, from public view and fenced by means of a concealing fence constructed of a long-lasting material, such as PVC pickets, brick wall, or board and batten panels; and the equipment housing structure shall have Less than 360 square feet of floor area per telecommunications operator. Chain link fencing of any form even with privacy slats shall not ever be used.
v.
Structures for elevating antennas above ground level, as well as the antenna units, wiring, mounting devices, and accompanying hardware shall be designed to blend with the surrounding area's architecture, environment, and landscaping through the use of structure coloring and camouflaging to disguise the antenna for the public's aesthetic benefit. Appropriate camouflage could include designing the tower to resemble a tree, church steeple, or other like structure.
vi.
The structure shall not have any lighting or signage other than safety warnings and lighting that would be required by the FAA. In such case, strobe lighting shall never be used unless specifically required by the FAA.
vii.
The applicant shall be responsible for all maintenance of its antennas additional hardware, accompanying landscaping, camouflage, paint, cables, cable trays, conduits, and mounting hardware.
e.
Any antennas proposed to be mounted on an existing building or structure not initially constructed for the mounting of antennas shall meet the following requirements:
i.
Antennas may only be mounted on a building that is taller than 55 feet, and they may only be mounted on the part of the building that is higher than 45 feet above grade.
ii.
No antenna shall be mounted higher than the building parapet, stair or elevator shaft/penthouse, chimney, smokestack or other part of the structure upon which it is being mounted. The only exception to this shall apply when the applicant can provide evidence to the Central Planning Board that appropriate broadcasting and reception service is not possible without a higher mounting configuration such as a mounting on poles or posts. In such cases, the antenna units must be set back at least eight feet from the exterior edge of the part of the building upon which they are being mounted; the antennas and poles must be mounted on a flat surface; and the mountings cannot be more than 12 feet tall measured from the edge of the surface upon which they are being mounted.
iii.
Wall mounted antennas cannot project horizontally beyond the wall upon which they are being mounted by more than 1.5 feet and they cannot project beyond the site's property line.
iv.
All antenna units and accompanying infrastructure must be painted to match any vertical surface upon which they are being mounted. Pole mounted units shall be painted light blue. A color sample (six copies) shall be provided as part of the application. The exact color must be approved by the Central Planning Board. The applicant must maintain the painting and pigmentation for the duration of the antenna's existence, and the antenna units must be removed if the appearance of the units is not properly maintained.
v.
Antennas must be spaced and positioned on the building in such a way as not to interfere with that wall's architectural design or its decorative features. Antennas must be mounted in such a way that they are evenly spaced along the building's wall and they are evenly spaced from corners or other building features such as windows, brackets or decorative panels. The reviewing board may determine that the antennas are being spaced in a pattern that does not disrupt any repetitive patterns of any wall or parapet's decorative bracketing, paneling, or window placement. All applicants must submit detailed facade drawings and photographs of all building views being affected by the antenna installation. Micro units no larger than two inches in diameter may be placed above the parapet.
vi.
All wiring and/or cable tray devices must be positioned in such a way as not to be visible to the public. The applicant may use external wiring only if it can provide evidence that wiring through the building is not possible for structural reasons. If external wiring is to be used, it can only be mounted on outside walls that are not visible from any public street, park, or plaza. Such wiring and/or wire trays must be painted to match the wall surface upon which they are being mounted, and it must be mounted at an area so as not to interfere with the architectural features of the building. In the instance that the building upon which antenna mounting being proposed does not have any wall area that is not visible from a public street, park, or plaza, wiring must be mounted on the wall that is visible from the street with the least vehicular and pedestrian traffic.
vii.
All equipment must be kept inside the building where the antenna project is proposed to be conducted. If this is not possible, the applicant must present reasoning for this, and the equipment must then be placed inside a structure to be placed on a flat part of the building's roof. The equipment structure must be no taller than 15 feet, set back at least four feet from all front or side edges of the roof or any other roof edge that fronts directly on a public street, built of an exterior construction material with the same appearance as the exterior walls of the building, and it must have no more than 360 square feet of floor area. If equipment were to be placed outside the building or off the roof, it shall be screened and enclosed according to Section 41:6-2-18, Subsection 1.d.iii and 1.d.iv of this Chapter.
f.
Approval of a commercial antenna may be granted by the reviewing board upon finding, after a review of all submitted documents, that there is an existing gap in service that can only be closed by the installation of a new or additional antenna project. The applicant shall provide its plan for communications coverage in the City of Newark. The applicant shall further provide a statement to explain how this application shall address any needs identified by that plan and explain why the applicant's proposal is the best possible method to address those needs. The applicant shall make every attempt to use the highest priority site, as listed as follows, in order from highest priority to lowest priority.
i.
The first priority location shall be co-location on an existing wireless telecommunication tower or other similar existing structure in I-2 or I-3 zones.
ii.
The second priority location shall be an existing building within the C-3 or the I-2 or I-3 zones.
iii.
The third priority location shall be an existing building within the MX-1, MX-2, C-2, or I-1 zones.
iv.
The fourth priority location shall be a new tower in the I-2 or I-3 zones.
g.
The review board may deny or limit approval of a commercial antenna if it reasonably concludes that the number, location, size and elevations of the radiating elements are not required for the proposed operation under FCC license, are intended for rental, lease or sale to other persons for unrelated operations, fails to meet FCC regulations, fails to meet any of the above-mentioned criteria, or generally impairs the visual environment.
h.
Approval of a commercial antenna may be granted upon finding, after a review of the plot plan and all accompanying documents, that:
2.
Submission requirements for all antenna projects whether expressly permitted or only permitted by conditional use approval. All information required in this paragraph shall be provided to the reviewing board staff in advance of any review hearing and shall be required to determine an application to be complete.
a.
The applicant must provide six sets of photographic simulations of the site showing all publicly accessible views of the site as it would appear with the proposed antennas, cable trays, cables, mounting devices, electronic equipment, and accompanying structures and hardware installed.
b.
The applicant must provide six copies of a block diagram showing all streets and buildings along with their land uses within 500 feet of each antenna. These must include the heights of all structures within this distance.
c.
The applicant shall provide a certified statement from a licensed New Jersey professional engineer indicating the projected effective radiated power of all transmitted signals, and the probable radiation pattern with an analysis of any potential of reception interference by electronic receiving devices. This statement must attest to the project and facility's compliance with all Federal and State requirements for human or animal exposure to radio frequency emissions.
d.
The applicant must submit six sets of signed and sealed surveys and plot plans, which shall include appropriate engineering and architectural drawings indicating the number, location, size, and height (with elevations) of all radiating elements and corresponding hardware as they are intended to be mounted on the site and/or building. Drawings shall also provide detailed depictions of all building features, landscaping, and all other property elements affected by the application. The drawings shall also include all views/elevations of the structure upon which the antenna is to be mounted.
e.
The applicant shall provide a statement from a licensed New Jersey professional engineer certifying to the structural integrity of all mounting hardware.
f.
The applicant may be required to submit a fee in escrow to cover the cost of an independent review of any engineering claims made by the applicant.
3.
Removal.
a.
The applicant shall agree to remove any antenna units and accompanying infrastructure if all or part of any such installation becomes obsolete, is unrepaired for an unreasonable period or ceases to be used for its intended purpose for 12 consecutive months.
b.
The Central Planning Board or Zoning Board of Adjustment may, at its sole discretion, require the applicant to provide a demolition bond to the City of Newark for the purpose of assuring the removal of any antenna units and accompanying infrastructure in accordance with the provisions of this section.
c.
The applicant will be responsible for providing written estimates to the City of Newark for the cost to demolish and/or remove any antenna units and accompanying infrastructure. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond including the cost to stabilize or landscape the vacancy.
§ 41:6-2-14 Commercial, Industrial Truck and Bus Services.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A commercial, industrial truck and bus service shall be completely enclosed for all operations in a building which meets the dimensions of the industrial building type. Final hand drying operations are permitted to take place in an unenclosed area.
2.
Buffers and Fences. A commercial, industrial truck and bus service shall comply with the following requirements for buffers and fences:
3.
Outdoor Storage. A commercial, industrial truck and bus service shall comply with the following outdoor storage requirements:
4.
On-Site Circulation. A commercial, industrial truck and bus service shall comply with the following on-site circulation requirements:
a.
Stacking spaces. The number of required on-site stacking spaces shall be a minimum of three spaces per bay. Stacking spaces shall have a minimum width of 10 feet and a minimum length of 45 feet. Stacking or storage shall be prohibited in the public right-of-way.
b.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 35 feet for a two-way driveway and 20 feet for a one-way driveway. Two driveways may be approved if they are each to be one-way.
c.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
d.
Sufficient area must be provided on-site for all vehicle maneuvering and repositioning. Vehicle maneuvering and reposition is prohibited in the public right-of-way.
§ 41:6-2-15 Commercial, Industrial Truck and Bus Wash.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A commercial, industrial truck and bus wash shall be completely enclosed for all operations in a building which meets the dimensions of the industrial building type. Final hand drying operations are permitted to take place in an unenclosed area.
2.
Buffers and Fences. A commercial, industrial truck and bus wash shall comply with the following requirements for buffers and fences:
3.
Outdoor Storage. A commercial, industrial truck and bus wash shall comply with the following outdoor storage requirements:
a.
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
b.
Not more than five vehicles shall be stored outdoors overnight.
c.
Outdoor storage areas shall not be permitted in any required yard.
4.
On-Site Circulation. A commercial, industrial truck and bus wash shall comply with the following on-site circulation requirements:
a.
Stacking spaces. The number of required on-site stacking spaces shall be a minimum of three spaces per bay. Stacking spaces shall have a minimum width of 10 feet and a minimum length of 45 feet. Stacking shall be prohibited in the public right-of-way.
b.
The building exit for vehicles that have completed the washing process shall be at least 50 feet distant from the nearest point of the public sidewalk of the adjacent street.
c.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 35 feet for a two-way driveway and 20 feet for a one-way driveway. Two driveways may be approved if they are each to be one-way.
d.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
e.
Sufficient area must be provided on-site for all vehicle maneuvering and repositioning. Vehicle maneuvering and reposition is prohibited in the public right-of-way.
§ 41:6-2-16 Drive-Through Facilities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A drive-through shall comply with the following bulk/building requirements:
a.
Drive-through may be an accessory use to a principal bank, pharmacy, or take-out restaurant.
b.
Drive-through service windows shall only be located on the side or in the rear of properties which are internal to the block.
c.
Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 50 feet of any residential use or zoned property line.
3.
On-Site Circulation. A drive-through shall comply with the following requirements for onsite circulation:
a.
No service shall be rendered, deliveries made, or sales conducted within the front yard. Customers served in vehicles shall be stopped to the side or rear of the drive-through.
b.
All areas associated with the drive-through, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects, shall be located in the side or rear yard of a property to the maximum extent feasible.
c.
Stacking Lanes. Stacking lanes with at least 120 feet of length and 10 feet of width shall be provided for any use having a drive-through establishment. Stacking is prohibited in the public right-of-way.
§ 41:6-2-17 Dry Cleaning and Laundry Establishment.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:6-2-18 Exterminator & Pesticide Application Business.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Condition of Approval. The applicant shall agree as a condition of approval:
a.
Obtain a license from the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:30 1.1 et seq., the Pesticide Control Code. A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
b.
Comply with all rules and regulations pursuant to N.J.A.C. 7:30-1.1 et seq., the Pesticide Control Code.
c.
All storage shall be located internal to a building.
§ 41:6-2-19 Funeral Home & Mortuaries.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. A funeral home or mortuary shall be located on a collector or arterial street.
2.
Bulk/Building Requirements. A funeral home or mortuary shall comply with the following bulk/building requirements:
3.
On-Site Circulation. No off-street parking shall be allowed in the front yard area of the premises.
4.
Parking. One parking space per 1,000 square feet shall be provided.
§ 41:6-2-20 Gasoline Stations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Must comply with N.J.S.A. 34:3A-4 et seq. Retail Gasoline Dispensing Safety and N.J.A.C. 12:196-1.1 et seq., Safe Dispensing of Retail Gasoline.
2.
Gasoline stations may be stand alone uses or may be collocated with automobile repair and tire repair businesses or convenience stores. Gasoline stations with on-site automobile repair and tire repair businesses shall comply with the conditional use standards at Section 41:6-2-9. If there is conflict between the conditional use standards in that sub-section and this sub-section, this sub-section shall control.
3.
Bulk/Building Requirements. Gasoline stations shall comply with the following bulk requirements:
a.
All pits, racks or lifts shall be indoors and shall not be less than 25 feet from any street line.
4.
Area Requirements: Gasoline stations shall comply with the following area requirements:
5.
Outdoor Storage.
a.
Portable signs, outdoor servicing and outdoor storage of tires, automobile parts and accessories shall be prohibited at all times.
b.
Items including basic auto maintenance supplies shall be permitted for sale within gasoline service islands.
c.
Propane cylinders shall be permitted for sale provided they are stored within metal cages that meet OSHA and NFPA regulations.
6.
On-Site Circulation. Gasoline stations shall comply with the following on-site circulation requirements:
a.
Driveways shall cross the sidewalk at right angles and shall not be more than 24 feet wide at any point thereof. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 150 feet. No more than two driveways may be permitted per street frontage.
b.
A landscape strip planted with shrubs and perennials having a width no less than three feet shall be constructed and maintained in good condition along all street property lines and adjacent to driveway openings.
c.
The entire area of the station traversed by motor vehicles shall be hard surfaced.
d.
Pump islands shall not be less than 15 feet from any lot line; however, if the gasoline station abuts a residential zone or residential use that distance shall be 25 feet to allow for the provision of a ten-foot landscaped buffer.
7.
8.
Signage.
b.
Fuel Pump Signage shall be exempt per Section 41:9-2.1.f.
c.
Signage shall be permitted on street-facing sides of the fuel pump canopy, not to exceed 18 square feet per side.
§ 41:6-2-21 Homeless Shelters.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. A homeless shelter shall be located on a collector or arterial street.
2.
Bulk/Building Requirements. Each homeless shelter shall provide a lobby or indoor waiting area for the indoor queuing of its clients sufficient to meet its needs.
3.
A homeless shelter must comply with the Essex County Homeless Plan.
4.
Condition of Approval. The applicant shall agree as a condition of approval to:
a.
Obtain a license pursuant to N.J.A.C. 5:15, Title 5 Community Affairs, Chapter 15 Emergency Shelters for the Homeless. A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
b.
Comply with all of the relevant regulations pursuant to N.J.A.C. 5:15, Title 5 Community Affairs, Chapter 15 Emergency Shelters for the Homeless.
§ 41:6-2-22 Human Crematorium.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Human crematoria are only conditionally permitted within the Cemetery Zone (CEM).
1.
Location. No human crematorium shall be permitted within 1,000 feet of a residential use.
2.
Condition of Approval. The applicant shall agree as a condition of approval that the proposed facility shall:
a.
Be associated with a funeral director licensed in the state of New Jersey.
b.
Screen from public view through fencing, landscaping or buildings, all activity relating to deceased humans, including delivery and storage of the corpse.
c.
Not store deceased humans outside the facility.
d.
Limit the storage of deceased humans to no more than 48 hours.
e.
Place solid waste associated with the human crematorium on an impervious area and store in a covered container within the building.
§ 41:6-2-23 Liquor Stores.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. The applicant shall demonstrate to the approving board compliance with the minimum distance requirements from Title IV, Alcoholic Beverages, of the Revised General Ordinances of the City of Newark.
2.
Condition of Approval. As a condition of approval, the applicant shall agree to:
a.
Obtain a plenary retail distribution license from the Newark Board of Alcoholic Beverage Control in accordance with Title IV, Alcoholic Beverages, of the Revised General Ordinances of the City of Newark, N.J.A.C. 13:2-1.1 et seq. and N.J.S.A. 33:1-1 et seq.
b.
Comply with all applicable regulations for a plenary retail distribution licensee listed in Title IV, Alcoholic Beverages, of the Revised General Ordinances of the City of Newark including, but not limited to, restrictions on hours and days of operation, and restrictions on on-site mercantile or commercial activity other than the sale of non-alcoholic beverages, as accessory beverages to alcoholic beverages.
c.
A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
§ 41:6-2-24 Live Animal Market.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Condition of Approval. As a condition of approval, all applications for a live animal market shall agree to the following conditions:
a.
Comply with all regulations of the United States Department of Agriculture, the State of New Jersey and the City of Newark including Title XIII, Food, Drugs and Cosmetics, Chapter 13:5, Live Poultry and Certain Live Animals (Goats, etc.): Retail and Wholesale; Chapter 13:6, Poultry Killing and Dressing Establishments; and Chapter 13:7, Meat, Meat Products and Meat Establishments, of the Revised General Ordinances of the City of Newark.
b.
Obtain all necessary Federal, State and City licenses and approvals. Copies of such licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
c.
Operate and maintain a live animal market according to the following regulations:
i.
All activities associated with the live animal market must take place within a wholly enclosed building; no outdoor storage of live animals, garbage, or raw materials shall be permitted.
ii.
All animal slaughter shall take place inside a closed building in a confined area to prevent transmission of sound associated with slaughter to the outside. Animals shall not be heard at the public right-of-way or adjacent properties.
iii.
All byproducts must be disposed in compliance with all applicable Federal, State and City regulations. This includes, but is not limited to, all sewage, processed and unprocessed animal parts, manure, entrails, blood, hides and bones.
iv.
Waste shall be disposed of within 48 hours of being produced. Waste shall be stored in airtight containers and shall be confined in fully enclosed structures. Any animal waste from holding areas shall be removed from the site daily and/or stored in a manner to control odor.
v.
A public notice posted by the Health Officer at the public entrance of a premises wherein a live animal market is operated and that results in the immediate closure of the establishment and the discontinuance of all operations, by order of the Health Officer, because of violations of applicable Federal, State, and City regulations, orders, embargoes, or quarantines.
vi.
Animals permitted to be stored alive and slaughtered on-site include chickens, ducks, rabbits, goats and similar small animals. No horses, cows, alpacas, llamas or similar large animals are permitted be kept on the property or slaughtered on-site.
vii.
Animals shall be kept on premises no longer than 24 hours.
viii.
No live animal market shall be permitted within 1,500 feet of a residence.
ix.
Live animals shall not be allowed to run at large upon the licensed premises nor at large on streets, sidewalks or any other area off the licensed premises but shall be kept in suitable enclosures such as cages or crates which shall comply with the following standards:
x.
All animals shall be kept in a clean and sanitary manner at all times. All cages, crates, or enclosures shall be cleaned and disinfected in a manner approved by the Division of Health.
xi.
Cages, crates, and enclosures shall be raised from the floor at least six inches so as to permit flushing and cleaning underneath the same.
xii.
All live animal cages, crates, or enclosures shall be in good repair and constructed of easily cleanable, noncorrosive, and nonabsorbent material.
xiii.
Enclosures shall not be overcrowded with live animals so as to result in injury to the animal or restrict movement of the animal confined therein.
xiv.
No live animal shall be kept in a place in which water, ventilation, food, or any other similar items are not sufficient for the preservation of the health and safe condition of such animal.
xv.
Ample supply of food and clean water shall be provided for all live animals. Troughs, bowls, or similar containers used for food and water shall be kept clean, in good repair, and placed in such a manner so as to prevent contamination of food and water kept therein. No animal feed shall be scattered on floors. All spillage of feed shall be promptly removed.
xvi.
All parts of the premises shall be kept in a sanitary condition at all times.
xvii.
The flooring of live animal markets shall be composed of material that is impervious to moisture and shall be properly graded to prevent pooling of liquid or waste and permit adequate drainage to floor drains. All floors shall be kept clean and in good repair.
xviii.
Walls and ceilings in animal poultry storage rooms, equipment washing rooms, rooms used for plucking, rooms used for slaughtering, and rest rooms shall be comprised of moisture-proof, and washable material. All walls shall be kept clean and in good repair.
xix.
All rooms within the premises shall be properly lighted and ventilated. Mechanical ventilation of sufficient capacity to keep all rooms free of excessive heat and obnoxious odors shall be provided and shall ventilate to open air. Such systems shall be maintained in a clean manner and in good repair and shall be designed and operated so as to prevent noxious odors from entering adjacent properties. No odors shall be permitted beyond the property line or in the public right-of-way.
§ 41:6-2-25 Low-Rise Multi-Family Dwellings in the R-3 Zone.
§ 41:6-2-26 Massage Facilities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Condition of Approval. Each masseuse shall be certified/licensed by the State of New Jersey pursuant to N.J.A.C. 13:37A, Board of Massage and Bodywork Therapy Rules and shall comply with all applicable regulations contained therein. Proof of masseuse certification shall be submitted with conditional use application.
2.
Additional Requirements. Accessory massage services shall comply with the following additional requirements:
§ 41:6-2-27 Material Salvage Facility/Junk Yard.
§ 41:6-2-28 Methadone Maintenance Clinic.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Bulk/Building Requirements. A methadone treatment facility shall have an internal waiting area of minimum 250 square feet.
2.
Area Requirements. Minimum lot size of 20,000 square feet.
3.
Additional Requirements. A methadone maintenance clinic shall comply with the following additional requirements:
a.
Any proposed methadone treatment facility shall include an operational narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, an MD or a DO, shall be on duty at the facility during the methadone treatment facility's hours of operation.
b.
Prior to occupancy, any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable City, County, State and Federal regulations for the whole structure.
c.
A state license to dispense methadone shall be obtained.
§ 41:6-2-29 Mixed-Use Building in the C-2 Zone Exceeding Five Stories/60 Feet in Height.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Mixed-use buildings in the C-2 Zone shall be permitted up to eight stories and 96 feet in height, with a minimum lot area of 150 square feet per dwelling unit when the following conditional use standards are met:
1.
A green roof equal to 65% or greater of the total Usable Roof Area shall be provided. If solar panels are provided, 50% or greater of the total Usable Roof Area shall be green roof.
2.
Outdoor amenity space with an area equal to 100 square feet per dwelling unit shall be provided for tenant use. At least 50% of the required amenity space shall be in common areas. The remainder shall be permitted in private balconies, terraces, patios, or similar areas.
§ 41:6-2-30 Mixed-Use Building in the MX-2 Zone Exceeding Five Stories/60 Feet in Height.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Mixed-use buildings in the MX-2 Zone shall be permitted up to eight stories and 96 feet in height, with a minimum lot area of 150 square feet per dwelling unit when the following conditional use standards are met:
1.
Minimum lot area of 10,000 square feet.
2.
Maximum lot coverage by building of 80%.
3.
Maximum lot impervious coverage of 85%.
4.
A minimum ten-foot step-back shall be provided from the front facade beginning with the sixth floor.
5.
A green roof equal to 65% or greater of the total Usable Roof Area shall be provided. If solar panels are provided, 50% or greater of the total Usable Roof Area shall be green roof.
6.
Outdoor amenity space with an area equal to 100 square feet per dwelling unit shall be provided for tenant use. At least 50% of the required amenity space shall be in common areas. The remainder shall be permitted in private balconies, terraces, patios, or similar areas.
7.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
8.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage.
§ 41:6-2-31 Mid-Rise Multi-Family Building in the MX-2 Zone Exceeding Five Stories/60 Feet in Height.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Mid-Rise Multi-Family buildings in the MX-2 Zone shall be permitted up to eight stories and 96 feet in height, with a minimum lot area of 200 square feet per dwelling unit when the following conditional use standards are met:
1.
Minimum lot area of 10,000 square feet.
2.
Maximum lot coverage by building of 70%.
3.
Maximum lot impervious coverage of 75%.
4.
A minimum ten-foot step-back shall be provided from the front facade beginning with the sixth floor.
5.
A green roof equal to 65% or greater of the total Usable Roof Area shall be provided. If solar panels are provided, 50% or greater of the total Usable Roof Area shall be green roof.
6.
Outdoor amenity space with an area equal to 100 square feet per dwelling unit shall be provided for tenant use. At least 50% of the required amenity space shall be in common areas. The remainder shall be permitted in private balconies, terraces, patios, or similar areas.
7.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
8.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage.
§ 41:6-2-32 Mixed-Use Building in the MX-3 Zone Exceeding Eight Stories/96 Feet in Height.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Mixed-use buildings in the MX-3 Zone shall be permitted up to 145 feet in height, with a minimum lot area of 150 square feet per dwelling unit when the following conditional use standards are met:
1.
Provide open spaces (greens, squares, plazas, courts and pocket parks/playgrounds) equal to 10% of total lot area with public access directly from the sidewalk at ground level or from the public right of way. Open space must meet landscaping and other design requirements as listed in this ordinance.
2.
A green roof equal to 65% or greater of the total Usable Roof Area shall be provided. If solar panels are provided, 50% or greater of the total Usable Roof Area shall be green roof.
3.
Outdoor amenity space with an area equal to 100 square feet per dwelling unit shall be provided for tenant use. At least 50% of the required amenity space shall be in common areas. The remainder shall be permitted in private balconies, terraces, patios, or similar areas.
4.
A minimum ten-foot step-back from all street-facing facades shall be provided beginning with the eighth floor.
5.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
6.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage.
7.
Install appropriate gray water recycling system so that onsite gray water is reused for landscaping maintenance and other non-potable systems.
8.
All new electrical or electronic appliances provided by the developer, owner or management Company shall meet ENERGY STAR® compliant requirements.
§ 41:6-2-33 Nightclubs, Discotheques and Cabarets.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. A nightclub, discotheque or cabaret shall be located on a collector or arterial street.
2.
Bulk/Building Requirements. A nightclub, discotheque or cabaret shall comply with the following bulk/building requirements:
a.
Such uses shall be required to provide vestibules at all entrances and exits used by patrons for other than emergency egress to minimize noise emanating from such an establishment.
b.
Such uses shall provide adequate ventilation within the building such that doors and/or windows are not left open for such purposes resulting in noise emission from the building.
c.
Such uses shall not have any outdoor public address or outdoor music system.
3.
Noise. Applicants for such uses shall demonstrate compliance with all New Jersey Department of Environmental Protection (NJDEP) State Noise Control Regulations (N.J.A.C. 7:29). The approving board may require additional information and studies as necessary to demonstrate compliance with these standards.
§ 41:6-2-34 Outdoor Storage.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. Outdoor storage areas shall not be permitted in any required front or side yard.
2.
Buffers and Fencing. Outdoor storage areas shall be enclosed by a wall or fence of minimum six feet in height. Materials stored shall not be visible above fence.
3.
Additional Requirements. The regulations of this section shall not apply to automobile car washes, automobile paint and autobody repair, automobile rental, automobile repair shop, and automobile sales.
§ 41:6-2-35 Outdoor Storage, Chemical.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Condition of Approval. The applicant shall agree as a condition of approval to comply with all City, State, and Federal laws, regulations, and ordinances and obtain all necessary permits and licensures shall be secured prior to the start of operation. A copy of all licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
2.
Additional Requirements. Outdoor chemical storage shall comply with the following additional requirements:
a.
A list of substances to be handled at the development must be furnished to the City of Newark Code Enforcement Officer, Fire Division, Police Division and any local emergency response teams that may be called upon to provide emergency service.
b.
An emergency response plan shall be submitted to the City of Newark Police Division, Fire Division and the Office of City Planning for review and inclusion in department files for the proposed property. Information shall include spill prevention and clean up, taking into account topography and runoff.
c.
A spill containment system must be employed as required by State and Federal law.
d.
Plans showing any underground piping, storage facilities, and related appurtenances as they involve chemical or petroleum products must be submitted.
e.
Any above-ground piping must be designed to prevent line breakage due to collision.
f.
All containers and piping must be constructed of corrosion resistant materials.
g.
The emission of odorous matter from any property in such concentrations at any point along the boundaries of said property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
h.
No chemicals or other hazardous materials or wastes shall be deposited upon a parcel in any zoning district in such form or manner that they may be transferred off the parcel by natural causes or forces.
i.
No containers shall be visible from the public right-of-way and shall be screened from view.
§ 41:6-2-36 Places of Worship.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. A place of worship shall be located on a collector or arterial street. Places of worship are not permitted on ground floors in mixed-use buildings in C-1, C-2, or C-3 zones.
2.
Buffers and Fencing. No off-street parking facility, including a driveway or other circulation aisle, shall be located closer than 15 feet to any residential property line or residential zoning district boundary to allow for the provision of a ten-foot wide landscaped buffer that shall have a height at planting of no less than six feet.
3.
Permitted Accessory Uses. The following are permitted accessory uses to places of worship:
a.
Banquet halls, cafeteria or kitchen facilities, classrooms, libraries, youth services, and other similar uses which are customarily accessory to places of worship are permitted accessory uses;
b.
With the exception of housing for clergy, no housing or dormitories, whether for temporary or permanent occupancy, shall be permitted as accessory uses.
§ 41:6-2-37 Power Generation Facilities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Prior to an application being deemed complete, the applicant shall abide by the application requirements of the NJDEP Environmental Justice Rules as outlined in N.J.A.C. 7:1C and complete the public participation process outlined in N.J.A.C. 7:1C-4.
2.
The applicant shall provide a summary of the public hearing held in the City of Newark pursuant to N.J.A.C. 7:1C-4 and a record of comments received during the sixty-day public comment period.
3.
The applicant shall provide the Board with a response to each comment received during the public participation process.
4.
As a condition of approval, the applicant shall comply with all NJDEP permitting requirements, including the Environmental Justice Permit per N.J.A.C. 7:1C.
§ 41:6-2-38 Primary and Secondary Schools.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Outdoor Storage. Buses, vans and other delivery vehicles shall be garaged during nighttime hours.
2.
Pick-up and Drop-off. All such facilities shall provide either one of the following:
a.
Off-street parking spaces reserved for parents walking their children into and out of the child care facility, sufficient to accommodate the drop-off or pick-up at peak times of use; or
b.
A safe on-site pickup and delivery area separate from the off-street parking area and access driveway so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway or aisle; or
c.
An area within the public right-of-way signed and designated for short-term pick-up and drop-off only during peak hours, subject to approval by the Division of Traffic and Signals and/or City Council.
d.
No driveway shall open into a street or road within 50 feet of an intersection of such street or road with another street or road.
§ 41:6-2-39 Recycling Center.
§ 41:6-2-40 Sexually-Oriented Businesses.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The term "sexually-oriented businesses" refers to business types including, but not limited to, establishments commonly referred to as a "Go-Go Establishment," "Go-Go Bar," "adult video store," "adult DVD store," "adult newsstand," or "adult bookstore." This term also refers to a commercial establishment which as one of its principal business purposes offers for sale, rental, or display for any form of consideration any one or more of the following: performances, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, compact discs, slides or simulated display or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" as defined in N.J.S.A. 2C:33-12.2 et seq. or "specified anatomical areas" as defined in N.J.S.A. 2C:33-12.2 et seq.; or any other type of establishment that can meet the definition of a "sexually-oriented business" as defined or described in Federal, State or local statutes including, but not limited to, N.J.S.A. 2C:33-12.2 et seq. For the purposes of this definition, "principal purpose" means the commercial establishment:
a.
Has at least 10% of its merchandise in inventory consisting of said items; or
b.
Has at least 20% of the wholesale value of its displayed merchandise consisting of said items; or
c.
Has at least 20% of the retail value of its displayed merchandise consisting of said items; or
d.
Maintains at least 10% of its interior business space for the sale or rental of said items; or Regularly features of said items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "xxx" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way; or
e.
Regularly features performances where "specified sexual activities" or "specified anatomical areas" as defined in this paragraph are displayed; or
f.
Maintains an adult arcade, which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
2.
No sexually-oriented business shall be permitted unless it complied with all Federal, State, or local statutes including but not limited to N.J.S.A. 2C:33-12.2 et seq. and N.J.S.A. 2C:34-7 et seq.; is entirely in the Second Industrial Zoning District or Third Industrial Zoning District; and is not located within 1,000 feet, measured in a straight line from the property line of the site of the sexually-oriented business, of:
a.
Another sexually-oriented business;
b.
A hospital;
c.
Any building or structure used partially or wholly for residential purposes, provided that the area is zoned for residential purposes;
d.
A nursing home;
e.
A place of worship including a church or cemetery;
f.
A school;
g.
A daycare or child care center;
h.
Any parcel zoned for residential use.
3.
Signage Requirements. A sexually oriented business shall comply with the following signage requirements:
a.
Furthermore, no sexually oriented business can have outdoor signage other than a single wall mounted sign on one and only one facade of the structure used by said sexually-oriented business with the following limitations for the entire sign including its text area, logo area, surface area, and area for mounting hardware.
b.
No sign area shall have more than two feet of height;
c.
The top of the sign shall be no more than 16 feet above the average grade at the base of the wall upon which the sign is mounted, and the top of the sign shall be below the first floor cornice line of the structure;
d.
No sign area shall be more than 25 square feet and shall not extend beyond the width of the building;
e.
No sign shall cover more than 10% of the surface area of the wall upon which it is mounted;
f.
No sign shall project more than six inches from the wall surface upon which it is mounted, nor shall such sign project into any public right-of-way area;
g.
Internal illumination is prohibited for the sign;
h.
No sign shall be within the line of site of a Federal or State highway.
§ 41:6-2-41 Substance Abuse Treatment Facilities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location. Outpatient substance abuse treatment facilities shall only be located on collector or arterial roads.
3.
Condition of Approval. The applicant shall agree as a condition of approval to:
a.
Obtain any required licenses pursuant to N.J.A.C. 10:161B-1.1 et seq. Standards for Licensure of Outpatient Substance Abuse Treatment Facilities. A copy of the licenses shall be placed on file with the Newark Office of Uniform Construction Code (UCC) prior to the issuance of a certificate of occupancy.
b.
Comply with all maintenance and operation standards for such a facility pursuant to N.J.A.C. 10:161B-1.1 et seq.
c.
Operate the facility a maximum of eight hours per day between the hours of 7:00 a.m. and 7:00 p.m. from Monday through Friday The facility hours of operation on Saturday, Sunday and holidays shall be a maximum five hours per day between the hours of 9:00 a.m. and 2:00 p.m.
§ 41:6-2-42 Truck Terminal.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Environmental Justice and Cumulative Impacts Statement Full Form shall be submitted for review by the Environmental Commission and Board.
2.
If a building is constructed on site:
3.
Where yard trucks/yard jockeys/spotter trucks/terminal tractors or other similar on-site vehicles are used to move goods or trailers around the site, they shall be zero-emission or electric vehicles.
4.
Where abutting a residential district, a landscape buffer shall be provided along the boundary with the adjoining residential district. Such buffer shall contain deciduous and evergreen trees or shrubs sufficient to create a year-round barrier with a minimum width of 30 feet.
5.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
6.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage. Plantings within a required buffer strip shall count toward the required number of trees. Upon a submission of documentation from the New Jersey Department of Environmental Protection that demonstrates there are environmental conditions, including but not limited to a physical cap, on the site that will prevent trees from being planted, this conditional use requirement can be waived if 100% of the total Usable Roof Area includes a green roof.
§ 41:6-2-43 Truck, Tractor, Trailer, and Heavy Vehicle Parking/Storage.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
2.
The Environmental Justice and Cumulative Impacts Statement Full Form shall be submitted for review by the Environmental Commission and Board.
3.
If a building is constructed on site:
4.
Where yard trucks/yard jockeys/spotter trucks/terminal tractors or other similar on-site vehicles are used to move goods or trailers around the site, they shall be zero-emission or electric vehicles.
5.
On-Site Circulation. A Truck, Tractor, and Trailer Parking or Storage facilities shall com-ply with the following on-site circulation requirements:
a.
Stacking spaces. The number of required onsite stacking spaces shall be a minimum of three spaces per bay. Stacking spaces shall have a minimum width of 10 feet and a minimum length of 45 feet. Stacking or storage shall be prohibited in the public right-of-way.
b.
Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 35 feet for a two-way driveway and 20 feet for a one-way driveway. Two driveways may be approved if they are each to be one-way.
c.
Driveways shall be at least 10 feet from any side lot line and 50 feet from the intersection of street lines.
d.
Sufficient area must be provided on-site for all vehicle maneuvering and repositioning. Vehicle maneuvering and repositioning is prohibited in the public right-of-way.
6.
Buffers and Fences. A truck, tractor and trailer parking lots shall be shielded to protect motorists on the adjacent or adjoining residential properties from resulting glare. Parking lots shall comply with the following requirements for buffers and fences:
a.
A fence of five feet maximum shall be provided along all property boundary lines, including along public street frontages where only decorative fencing not to exceed five feet in height may be used.
b.
Buffer areas shall be provided along the entire linear footage of lot lines where a non-residential use or district line abuts a residential use except that where a new residential use is proposed on a lot adjoining an existing non-residential use or district line, the proposed residential use shall provide the buffer.
c.
Buffer areas shall be planted with a combination of evergreens, deciduous trees and shrubs of such species and sizes which will produce within two growing seasons a living screen at least six feet in height. Buffers shall be of a density so as to obscure throughout the full course of the year the glare of automobile headlights or other bright sources of illumination emanating from the premises.
d.
Buffer areas shall be placed so that at maturity they will not protrude across any street or property line and so that a clear sight triangle shall be maintained at off-street intersections and at all points where private accessways intersect a public street.
7.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
8.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage. Plantings within a required buffer strip shall count toward the required number of trees. Upon a submission of documentation from the New Jersey Department of Environmental Protection that demonstrates there are environmental conditions, including but not limited to a physical cap, on the site that will prevent trees from being planted, this conditional use requirement can be waived if 100% of the total Usable Roof Area includes a green roof.
9.
Outdoor Storage. No outdoor storage of materials, parking of vehicles or other related activity shall be permitted in the buffer area except for access driveways, directional signs, and permitted signs.
§ 41:6-2-44 Wholesale Trade, Warehousing and Distribution - Including Cold Storage, Distribution (aka Bulk Break), High Cube, Last-Mile Fulfillment, Micro-Fulfillment, and Traditional.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Environmental Justice and Cumulative Impacts Statement Full Form shall be submitted for review by the Environmental Commission and Board.
2.
A minimum of 65% of the total Usable Roof Area of both principal and accessory structures shall include a green roof.
3.
A rainwater capture/harvesting system for irrigation of the green roof, onsite landscaping maintenance, and/or other non-potable uses shall be provided.
4.
Where yard trucks/yard jockeys/spotter trucks/terminal tractors or other similar on-site vehicles are used to move goods or trailers around the site, they shall be zero-emission or electric vehicles.
5.
The site shall be equipped with electric vehicle charging infrastructure for passenger vehicles in accordance with the state model ordinance and all loading docks shall be equipped with electric service equipment for docked vehicle and future electric vehicle charging.
6.
Where abutting a residential district, a landscape buffer shall be provided along the boundary with the adjoining residential district. Such buffer shall contain deciduous and evergreen trees or shrubs sufficient to create a year-round barrier with a minimum width of 30 feet.
7.
One shade tree shall be planted within the right-of-way for every 35 feet of property frontage.
8.
One tree shall be planted on-site for every 25 feet of lot width along the primary lot frontage. Plantings within a required buffer strip shall count toward the required number of trees. Upon a submission of documentation from the New Jersey Department of Environmental Protection that demonstrates there are environmental conditions, including but not limited to a physical cap, on the site that will prevent trees from being planted, this conditional use requirement can be waived if 100% of the total Usable Roof Area includes a green roof.
9.
In the I-1 Zone, Traditional Warehouses shall not exceed 50,000 square feet in floor area.
§ 41:6-2-45 Wholesale Bakeries.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Such facilities must receive all required State, County and City licenses.
2.
Such facilities shall be within completely enclosed buildings.
3.
Lot and Bulk/Building Requirements:
a.
Minimum required lot area: 5,000 square feet.
b.
Minimum required front yard: zero feet.
c.
Minimum required rear yard: 25 feet.
d.
Minimum required side yard: 15 feet.
e.
Minimum distance between any two buildings, other than an accessory building, on the same lot: either 20 feet or a distance equal to not less than 1/3 the combined height of the two walls facing each other, whichever is greater.
4.
Outdoor storage. No structure or storage of materials shall be permitted in any required yard.
5.
Landscaping. Required yards shall be maintained and kept clear of all debris, rubbish, weeds and tall grass.
6.
Accessory use. Accessory retail sales and office space shall not exceed 30% of the gross floor area of the principal and any accessory buildings combined.
§ 41:6-2-46 Wind Energy Systems, Small.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Location, Setbacks and Height.
a.
Ground-Mounted Wind Turbines.
i.
General. A ground-mounted wind turbine shall be set back from all property lines, street right-of-way lines, and overhead utility lines a minimum distance equal to 1.1 times the height of the wind turbine. Turbine setbacks shall be measured from the center of the wind turbine base. With respect to an overhead utility line that provides service only to a single building or a single parcel of land, the setback requirement shall be met if the turbine is placed so that no portion of a rotor blade extends closer than five feet to the utility line.
ii.
Residential. With respect to proximity to residential district lines, a wind turbine, including a wind turbine located in a residential district, shall be set back from residential district lines of adjoining or nearby properties a minimum distance equal to two times the height of the wind turbine in the case of a wind turbine that does not exceed 35 feet in height and is located in a residential district, the wind turbine shall be set back at least 15 feet from all property lines, and no portion of a rotor blade shall extend closer than five feet to any lot line.
iii.
Height. The height of a ground-mounted wind turbine shall be limited by the setback requirements of this section. The height of a rooftop or other building-mounted wind turbine shall not exceed the maximum permitted building height for the property by more than 20%. For a rooftop or other building-mounted wind turbine that exceeds the maximum permitted building height by more than 20%, the reviewing board, after a public hearing, may approve a greater height if the board determines that the placement of the turbine and context of the turbine site will mitigate any significant negative visual or safety impacts on nearby properties.
2.
Lighting, Design and Noise.
a.
Lighting. Wind turbines shall not be illuminated except as required by the Federal Aviation Administration or other applicable authority or by the provisions of Section 41:16-6, Lighting, of the Land Use and Zoning Regulations. If lighting is required, a design that minimizes disturbances to nearby residences shall be utilized.
b.
Structural Design. Wind turbines shall be designed to meet all requirements of the Building Code of the City of Newark and all applicable State and Federal regulations.
c.
Aesthetic Design. Wind turbines shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting safety requirements. To this end, towers shall be monopole rather than lattice design, wherever feasible. With respect to color, wind turbines, shall be white or off-white or unpainted metal, unless other colors are required by Federal regulations or unless another color is approved by the reviewing board as being more effective or more appropriate in a particular instance.
d.
Signs. No signs shall be located on or around a wind turbine except for necessary warning signs or informational signs located at or near ground level. Such signs may include information of an educational nature or information identifying the manufacturer or installer of the wind turbine but shall not include any off-premise advertising or any advertising for businesses or other activities located on the premises. No more than two permitted signs shall be located on or around each wind turbine. The total area of such signs shall not exceed 20 square feet, except that no sign shall exceed four square feet if located on a property in a Residential District, unless that property is occupied by a community facility use, in accordance with the regulations of Chapter 41:9. Signs. Free-standing signs shall not exceed a height of five feet, and the setback of such signs shall be in accordance with the regulations of Chapter 41:9. Signs for the zoning district in which the turbine is located.
e.
Noise. No wind turbine shall produce noise that unreasonably disturbs the quiet, comfort or repose of neighboring inhabitant above that permitted for a residential district.
3.
Application and Approval Process.
a.
Submission of Application. An application to construct or alter a wind energy facility subject to the regulations of this Chapter shall be submitted to the Department of Engineering.
b.
Determination of Compliance. The Department of Engineering shall determine if the application conforms to requirements of this Chapter and other applicable regulations of the City of Newark, except for those provisions that require a determination by the Central Planning Board under provisions of this Chapter.
c.
Referral to Central Planning Board. For proposals subject to approval by the Central Planning Board, the Department of Engineering shall refer the application to the Central Planning Board for review and approval.
d.
Central Planning Board Action. The Central Planning Board shall review any application subject to its approval under provisions of this Chapter and shall determine whether the proposal meets all applicable standards established in this Chapter to ensure appropriate appearance and compatibility with surrounding uses. The Central Planning Board shall take action on the application at a public meeting. The Board may require modifications to the proposal as a condition of approval. The Board may disapprove an application if it determines that the proposed location does not meet the standards set forth in this Chapter and that a suitable alternative location is available.
e.
Permit Issuance. The Department of Engineering shall issue the required permits if it determines that the application conforms to requirements of this Chapter and other applicable regulations of the City of Newark, and if it has been approved by the Central Planning Board where such approval is required.
4.
Contents of Application. All applications subject to the provisions of this Chapter shall be accompanied by the following information, as applicable, in addition to information required for all Building Permit applications.
a.
Ground-Mounted Wind Turbines. In addition to information required by other provisions of the Zoning and Land Use Regulations, the following information shall be submitted with an application for a ground-mounted wind turbine and accessory structures to demonstrate compliance with the provisions of this Chapter.
i.
A site plan of the subject property showing adjoining streets, the proposed turbine and any proposed and existing buildings, fencing, structures, landscaping, driveways, parking, and curb cuts on the subject property, including specifications for all proposed landscaping.
ii.
An elevation drawing showing the proposed wind turbine and all structures and landscaping shown on the required site plan, indicating the height, color and materials of the tower and all proposed fencing and other structures.
iii.
Where lighting of the wind turbine is proposed, a lighting plan for the proposed wind turbine, indicating the location, color and intensity of the lighting, both as it will appear in daylight and at night, and indicating any mechanisms to prevent glare on adjacent properties and streets and to shield the lighting from residences, to the maximum extent feasible.
iv.
For any wind turbine that will exceed the height limit for buildings on the subject property, a vicinity map showing the subject property and the proposed wind turbine and fencing in the context of all property located within a distance from the turbine equal to three times the height of the turbine, showing within this area, all streets and existing buildings and significant structures and indicating the residential use of any buildings and any property zoned in Residential or Landmarks Districts, such map being marked with topographic contours at five-foot intervals.
v.
For any wind turbine that will exceed the height limit for buildings on the subject property, color photographs showing the current view of the wind turbine site from any adjoining public street or any other street within 200 feet of the proposed wind turbine and from the closest groupings of residential buildings located within an area from the proposed wind turbine equal to three times the height of the proposed structure, plus a second set of color photographs showing the same views with the proposed wind turbine superimposed onto the photographs.
vi.
A statement by an engineer licensed in the State of New Jersey certifying that the proposed wind turbine will meet the noise standard of the Zoning Land Use Regulations with respect to impacts on properties in nearby residential zoning districts.
b.
Rooftop-Mounted Wind Turbines. In addition to information required by other provisions of the Revised General Ordinances, the following information shall be submitted with an application for a wind turbine proposed to be attached to the roof of a building or to another structure and subject to approval by the Central Planning Board under provisions of this Chapter.
i.
An elevation drawing of the building or structure to which the proposed wind turbine will be attached, showing the placement of the wind turbine and indicating the color of the structure and in any enclosures in relation to the color of the surface to which it will be attached and showing the projection of the wind turbine from the structure, marked with all necessary dimensions.
ii.
Color photographs of the building or structure to which the proposed wind turbine will be attached, with the proposed wind turbine superimposed onto such photographs, showing various perspectives from which the wind turbine will be viewed.
iii.
A statement by an engineer licensed in the State of New Jersey certifying that the proposed wind turbine will meet this noise standard of this ordinance with respect to impacts on properties in nearby residential zoning districts.
iv.
Placement and installation shall not interfere with architectural elements of a parapet, cornice, facade, or slate roof.
c.
Maintenance.
i.
Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a wind energy facility shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Certificate of Occupancy for a wind turbine, or not more than 90 days prior to that date, the permit holder for such wind energy facility shall submit to the Director of Engineering an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this Chapter and other applicable governmental regulations.
§ 41:6-2-47 Medical Marijuana Uses (Medical Marijuana Alternative Treatment Center, Medical Marijuana Safety Compliance Facility, Medical Marijuana Manufacturing Facility, Medical Marijuana Cultivation Facility).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
All medical marijuana uses shall be duly licensed by the State of New Jersey in accordance with the CUMMA, its implementing rules, and/or any successor legislation.
2.
All facilities must be designed and operated to prevent pesticides, fertilizers, nutrients, marijuana, and other potential contaminants from being discharged into the public wastewater and/or storm water systems.
3.
A list of all pesticides fertilizers, and any other hazardous materials that are expected to be used in the cultivation process shall be provided with an application and maintained on site.
4.
All facilities must submit an odor management plan with details that demonstrates the mechanism for treating the air with odor absorbing ventilation and exhaust systems such that odors generated in the facility are not detectable by a person of reasonable sensitivity outside the building or in any other unit in the same building if the use only occupies a portion of a building.
5.
All facilities must maintain a secure closed clean environment in the room where marijuana is to be stored; grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and for unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.
6.
All drying, soil mixing, testing, processing and other non-growing activities must take place in a separate room from any growing activities.
7.
All facilities must provide at least one State Certified Security Officer (or more if required by the State) at all times the facility is open to the public. At the time of application for conditional use permit, the applicant must provide an affidavit indicating intention to comply with this provision.
8.
All facilities must be equipped with security cameras covering exterior parking and loading areas, all points of ingress and egress, portions of the building open to the public or used for the storage, cultivation, or processing of marijuana.
9.
All facilities shall install maintain in good working order, and operate a safety and security alarm system that includes a battery backup or generator system in the event of power outage.
11.
No Medical Marijuana Center, Medical Marijuana Alternative Treatment Center (ATC) Medical Marijuana Safety Compliance Center, Medical Marijuana Manufacturing Facility or Medical Marijuana Cultivation Facility shall be located within the following distances from the specified land uses listed below:
a.
Two hundred feet from primary and secondary schools (K-12 including vocational programs, playgrounds, parks State licensed daycare facilities;
b.
Two hundred feet from adult and juvenile correctional facilities college or university either public or private, halfway house or correctional facility, group homes serving persons aged 18 and under a halfway house, transitional housing and state licensed substance use treatment facility;
c.
Marijuana facilities shall not be located within a drug-free school zone.
12.
All medical marijuana uses shall comply with the following signage rules:
a.
External signage shall be limited to black text on a white background.
b.
One wall mounted sign per building facade shall be permitted not to exceed 20 square feet in area.
c.
Signage shall not be illuminated at any time.
d.
Signage shall not displace advertisements for marijuana or a brand name except for purposes of identifying the building by the permitted name.
e.
The price of marijuana shall not be advertised.
§ 41:6-2-48 Licensed Cannabis Businesses (Cultivator, Manufacturer, Distributor, Wholesaler, Retailer, Delivery).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Purpose. The purpose of this Chapter is to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with State law and federal enforcement guidelines, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the City of Newark by establishing minimum land use requirements for cannabis activities. This Chapter recognizes that cannabis activities require land use controls due to the unique federal and State legal regulations applicable to cannabis activity, and the potential environmental and social impacts associated with cannabis activity.
2.
Standards applicable to all licensed cannabis businesses.
a.
Applicants shall submit a completed, pending, or approved State license application.
b.
Applicants shall submit a security management plan that complies with applicable State standards and demonstrates at minimum:
i.
A safety and security alarm system that includes a battery backup or generator system to provide uninterrupted service in the event of a power outage.
ii.
Security cameras that provide coverage for all points of building ingress and egress, portions of the interior open to the public or used for the storage, cultivation, or processing of cannabis, and entire exterior of the premises with an off-site backup recording system and battery backup or generator system.
iii.
Any other information required as part of the State or City licensing application. Where State regulations are more restrictive than the standards in this section, the State regulations shall apply.
c.
Applicants shall submit an odor management plan with details that demonstrate the mechanism for treating the air with odor absorbing ventilation and exhaust systems such that odors generated in the facility are not detectable by a person of reasonable sensitivity outside the building or in any other unit in the same building if the use only occupies a portion of the building.
d.
Applicants shall submit a neighborhood compatibility map showing all land uses within 1,000 feet of the proposed licensed premises that specifically identifies any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the licensed facility to the nearest point of the property line of the enumerated use using a direct straight-line measurement.
e.
Applicants shall submit a waste management plan showing the location of interior and exterior waste storage areas, including any specialized holding areas required for the disposal of cannabis products.
g.
No licensed cannabis business shall be located within the following distances from the specified land uses listed below:
i.
Five hundred feet from primary and secondary schools (K-12), playgrounds, parks State licensed daycare facilities.
ii.
Two hundred feet from adult and juvenile correctional facilities, colleges or universities, either public or private, halfway houses or correctional facilities, group homes serving persons age 18 and under, halfway houses, transitional housing and State licensed substance use treatment facilities.
iii.
Five hundred feet from another marijuana business.
h.
Signage shall comply with the following standards:
i.
External signage shall be limited to black text on a white background.
ii.
One wall mounted sign shall be permitted on the facade where the main entrance is located, not to exceed 20 square feet in area.
iii.
Signage shall not display advertisements for cannabis products or brand names.
iv.
The price of cannabis products shall not be advertised.
3.
Standards applicable to cannabis cultivation businesses.
a.
Applicants shall provide a statement outlining any pesticides, fertilizers, or other potentially hazardous materials that are expected to be used in the cultivation process.
b.
A statement and supporting documentation shall be provided showing that all cultivation facilities shall be designed and operated to prevent pesticides, fertilizers, cannabis, and other potential contaminants from being discharged into the public wastewater and/or storm water systems.
5.
Redevelopment Districts. All redevelopment plans in effect in the City of Newark on the date of adoption of this Ordinance shall conditionally permit licensed cannabis businesses as follows:
a.
Cannabis Cultivator, Cannabis Distributor, Cannabis Manufacturer, and Cannabis Wholesaler shall be permitted in any redevelopment district or sub-district that permits light manufacturing, warehousing, or uses with similar industrial character, subject to the applicable conditional use standards at Section 41:6-2-48.