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Newark City Zoning Code

CHAPTER 1255

MFH Multi-Family High Rise

1255.01 PURPOSE.

   The purpose of this residential district is to provide an area for high-rise 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.)

1255.02 PERMITTED USES.

   (a)   Multi-family buildings for any number of families or housekeeping units.
   (b)   Day care in the home of the provider for not more than six.
   (c)   Public parks.
(Ord. 08-33. Passed 5-4-09.)

1255.03 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.)

1255.04 CONDITIONAL USES.

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

1255.05 ACCESSORY STRUCTURES.

   Structures, which are customarily used in the course of or associated with the permitted use of the subject property, are allowed. Such accessory structures shall be for use only by the residents of the subject property and their guests and shall include, but not be limited to the following: garages, laundry facilities, swimming pools, clubhouses, recreation facilities, manager's offices and storage sheds. Accessory structures shall have a setback of 100 feet from any property line. Accessory structures shall comply with Chapter 1274.
(Ord. 08-33. Passed 5-4-09.)

1255.06 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)   For developments with more than one residential building on one lot see Chapter 1284.
(Ord. 08-33. Passed 5-4-09.)

1255.07 HEIGHT RESTRICTIONS.

   (a)   No height limitations on any principal building or structure. No accessory 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.)

1255.08 LOT AREA AND SETBACKS.

   The following minimum requirements shall apply, except as provided in Chapters 1270 and 1271.
 
Use
Lot Area1 (sq. ft.)
Lot Frontage (ft.)
Front Yard (ft.)
Side Yard2 (ft.)
Rear Yard (ft.)
Multi- Family & Other Permitted Uses
100,000
100
35
30
50
 
1   The multi-family buildings shall not cover more than thirty-three percent of the lot. Accessory structures including parking garages shall not cover more than thirty-three percent of the lot. There shall be a minimum of thirty-four percent of the lot open with no building or structure.
2   For buildings or structures exceeding thirty feet in height, the side yard set back shall be one foot additional for each foot of height exceeding thirty feet.
(Ord. 08-33. Passed 5-4-09.)

1255.09 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.)

1255.10 CORNER LOTS.

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

1255.11 LANDSCAPING, BUFFERING, GREEN SPACE.

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

1255.12 PUBLIC AND PRIVATE ROADWAYS.

   (a)   Front yard setbacks from public and private roadways shall be modified in accordance with the thoroughfare maps 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.)

1255.13 OTHER STANDARDS/REGULATIONS.

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

1255.14 RESIDENTIAL USES.

   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.
(Ord. 08-33. Passed 5-4-09.)