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Newark City Zoning Code

CHAPTER 1252

TFR Two-Family Residence District

1252.01 PURPOSE.

   The purpose of this residential district is to provide an area for two-family residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve.
(Ord. 08-33. Passed 5-4-09.)

1252.02 PERMITTED USES.

   (a)   Two-family dwellings and twin-single dwellings.
   (b)   Day care in the home of the provider for not more than six.
   (c)   Boarding house or bed and breakfast for up to two lodgers.
   (d)   Public parks.
   (e)   Assisted living facilities with a gross floor area not exceeding 6,000 square feet.
(Ord. 08-33. Passed 5-4-09.)

1252.03 ACCESSORY USES.

   (a)   Uses which are customary in the course of or associated with a permitted or conditional use are allowed.
   (b)   Flagpoles, television and radio antennas for the exclusive use of the property owner.
   (c)   Within any dwelling the occupant may have an office provided there are(is):
      (1)   No visible signs of any type.
      (2)   No goods of any type sold or exchanged from inventory on site.
      (3)   No customers coming to the dwelling.
      (4)   No employees working at the dwelling other than members of the occupant's immediate family.
      (5)   Not more than one delivery per day in addition to the regular daily mail delivery from the U.S. Postal Service.
      (6)   No parking or storage of vehicles related to the business, which exceed a gross vehicle weight rating (GVWR) of 12,000 pounds.
      (7)   No more than one vehicle related to the business may be parked outside an enclosed structure.
      (8)   No space used for the office shall be outside the dwelling.
(Ord. 08-33. Passed 5-4-09.)

1252.04 CONDITIONAL USES.

   The following uses are permitted as conditional uses when authorized by the Board in accordance with the provisions of Chapter 1234.
   (a)   Home business.
(Ord. 08-33. Passed 5-4-09.)

1252.05 ACCESSORY STRUCTURES.

   Accessory structures including, but not limited to garages, sheds or pools customarily used in the course of or associated with a permitted or conditional use; as permitted in accordance with Chapter 1274.
(Ord. 08-33. Passed 5-4-09.)

1252.06 DISTRICT STANDARDS.

   (a)   All uses in this district shall comply with the applicable requirements of Chapter 1296.
   (b)   The following activity is prohibited on a lot in this district:
      (1)   The sale or display for sale of more than five vehicles in any twelve-month period.
      (2)   The long-term parking or storage of vehicle(s) associated with a business.
      (3)   The repeated repair of vehicles, which are not owned by the occupant of the property.
      (4)   The repeated sale of merchandise, other than a sale licensed by the City, which has not been approved by the Board.
      (5)   The providing of a service on a repeated basis not approved by the Board.
   (c)   In accordance with the Development Regulations of the City, the Planning Commission shall review and approve all such developments.
   (d)   In calculating the gross acreage of the entire property being platted, any acreage located in the floodway shall be excluded.
   (e)   The maximum density on a single acre of the development may be exceeded by clustering lots, provided the maximum density of the gross acreage of the entire development does not exceed the maximum density allowed by this Code.
   (f)   The maximum density per gross acre for subdivisions in which the original parcel being platted or subdivided exceeds one acre shall be:
      (1)   Two-Family – 3 lots per gross acre.
      (2)   Twin-Single – 6 lots per gross acre.
(Ord. 08-33. Passed 5-4-09.)

1252.07 HEIGHT RESTRICTIONS.

   (a)   No principle building or structure shall exceed three stories or forty feet in height. No accessory buildings or structure shall exceed one and one-half stories or twenty feet in height.
   (b)   Flagpoles, television and radio antennas shall not exceed the height of existing buildings on the property by more than four feet.
(Ord. 08-33. Passed 5-4-09.)

1252.08 LOT AREA AND SETBACKS.

   The following minimum requirements shall apply, except as provided in Chapters 1270 and 1271.
Use
Lot Area (sq. ft.)
Lot Frontage (ft.)
Front Yard (ft.)
Side Yard (ft.)
Rear Yard (ft.)
Two-Family
1 & 1 ½ stories
10,000
80
20
8
40
2 or more stories
10,000
80
20
10
40
Twin-Single
1 & 1 ½ stories
5,000
40
20
8
40
2 or more stories
5,000
40
20
10
40
Assisted Living 1
1 to 3 stories
9,000
100
25
15
45
 
1   For assisted living facilities the minimum lot area shall be increased 750 square feet for each bedroom exceeding the first three.
(Ord. 08-33. Passed 5-4-09.)

1252.09 OFF-STREET PARKING AND LOADING.

   Off-street parking and loading spaces shall be provided in accordance with Chapter 1290.
(Ord. 08-33. Passed 5-4-09.)

1252.10 CORNER LOTS.

   Corner lots shall meet the requirements of Section 1240.11.
(Ord. 08-33. Passed 5-4-09.)

1252.11 LANDSCAPING, BUFFERING, GREEN SPACE.

   Landscaping, buffering, and green space shall be provided in accordance with Chapter 1292.
(Ord. 08-33. Passed 5-4-09.)

1252.12 PUBLIC AND PRIVATE ROADWAYS.

   (a)   Front yard setbacks from public and private roadways shall be modified in accordance with the thoroughfare maps maintained in the office of the City Engineer.
   (b)   Lots with no legal access to an adequate public right-of-way shall obtain approval from the Planning Commission for the proposed access prior to issuance of a zoning certificate. Approval of a lot split by the Planning Commission is evidence of an acceptable legal access.
(Ord. 08-33. Passed 5-4-09.)

1252.13 OTHER STANDARDS OR REGULATIONS.

   Deed restrictions and covenants may establish additional restrictions.
(Ord. 08-33. Passed 5-4-09.)

1252.14 RESIDENTIAL USES.

   (a)   In this district, a single-family dwelling and related accessory structures on a single lot or parcel in existence at the time of the adoption of this Code may be repaired, altered or enlarged in accordance with Chapters 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.
   (b)   Construction of a new single-family dwelling on a lot-of-record may be per Chapter 1242 as determined by the Zoning Inspector.
(Ord. 08-33. Passed 5-4-09.)

1252.15 TWIN-SINGLE DWELLINGS.

   (a)   Purpose. The purpose of a twin-single dwelling is to combine two one-family dwellings in a single structure, separated by a party wall, which is constructed across a property line.
   (b)   Definitions.
      (1)   FIRE WALL: A fire resistance rated wall, which restricts the spread of fire. The wall shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall. The wall shall be continuous from foundation to two feet eight inches above the roof surface, except as provided in A. or B. below. Firewalls shall be made smoke-tight at their junction with exterior walls. In exterior wall construction employing studs, the firewall shall extend through the stud space to the exterior sheathing.
         A.   NONCOMBUSTIBLE ROOFS: The wall is permitted to terminate at the underside of the roof deck where the roof is of noncombustible construction and is properly firestopped at the wall.
         B.   COMBUSTIBLE ROOFS: The wall is permitted to terminate at the underside of the roof deck where all of the following conditions are met.
            1.   The wall is properly firestopped at the deck.
            2.   The roof sheathing or deck is constructed of approved noncombustible materials, or fire-retardant treated wood, for a distance of four feet on either side of the wall.
            3.   Combustible material does not extend through the wall.
            4.   The roof covering has a minimum of Class C. rating.
      (2)   PARTY WALL: A masonry or concrete two-hour rated firewall on an interior lot line used or adapted for joint service between two buildings. Each wall built as a part of a twin-single and placed on the dividing line between lots, and any wall replacing the same, shall be built as a party wall. There shall be no windows, doors, openings or other penetrations in the party wall.
      (3)   TWIN-SINGLE DWELLING: A structure with two single-family dwellings. The one-family dwellings are separated by a party wall. The structure is located so that each single-family dwelling is entirely on its own lot. Only a single one-family dwelling may be erected or maintained on any lot. Each one- family dwelling shall be attached to another one-family dwelling. The one- family dwellings may have common roofs, siding or both.
   (c)   Detached Accessory Structures. Detached accessory structures shall comply with Chapter 1274.
(Ord. 08-33. Passed 5-4-09.)