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Newark City Zoning Code

CHAPTER 1259

LB Limited Intensity Business District

1259.01 PURPOSE.

   The purpose of the Limited Intensity Business District is to provide for the orderly development of retail and office land uses of limited size. This district may serve as a buffer between residential uses and more intensive commercial uses.
(Ord. 08-33. Passed 5-4-09.)

1259.02 PERMITTED USES.

   (a)   Uses permitted in Section 1258.02, except that for this district only, day care is limited to six clients and assisted living facilities are not permitted (GO).
   (b)   Retail businesses, including, but not limited to:
      (1)   Convenience stores.
      (2)   Meat, grocery or pharmacy stores.
      (3)   Beer, wine, or food carryouts.
      (4)   Card or gift shops.
      (5)   Antique or craft shops.
      (6)   Rental stores with small or large household furnishings.
      (7)   General and specialty merchandising stores.
   (c)   Service establishments involving care of the person or of personal effects for residents of the community on a regular basis, including, but not limited to:
      (1)   Dry cleaning drop-off or pick-up only, no cleaning on site.
      (2)   Barber and beauty shops.
      (3)   Tanning and nail salons.
      (4)   Physical fitness, therapy facility or dance studio.
   (d)   Veterinary office.
   (e)   Bed and breakfast, provided that there shall be no on street parking.
   (f)   Residential uses per Section 1259.14.
(Ord. 08-33. Passed 5-4-09.)

1259.03 ACCESSORY USES.

   (a)   Uses which are customary in the course of or associated with a specified permitted use are allowed.
   (b)   Flagpoles, television and radio antennas for the exclusive use of the property owner.
(Ord. 08-33. Passed 5-4-09.)

1259.04 CONDITIONAL USES.

   Day care facilities and pre-schools, provided that there are no more than forty children.
(Ord. 08-33. Passed 5-4-09.)

1259.05 ACCESSORY STRUCTURES.

   Accessory structures shall comply with Chapter 1274.
(Ord. 08-33. Passed 5-4-09.)

1259.06 DISTRICT STANDARDS.

   (a)   The gross floor area devoted to business use in this district shall not exceed 2,400 square feet. A basement used exclusively as a mechanical space or an abandoned upper floor level is not a part of the gross floor area.
   (b)   The combined square footage of the footprint of all buildings and structures on a given lot shall not be more than fifty percent of the lot area, exclusive of any lot area in the floodway.
   (c)   New construction, including additions, shall be reviewed by the City Engineer for compliance with the City's current Development Regulations. The items to be considered in determining compliance include, but are not limited to, the following: roadway improvements, access management, traffic congestion prevention, storm water management, floodplain management, public utility connections, FAA requirements and landscaping requirements.
   (d)   All uses in this district shall comply with the applicable requirements of Chapter 1296.
   (e)   There shall not be more than one principal building per lot.
   (f)   Existing residential structures being used as a business may be returned to residential use.
   (g)   There shall be no drive thru business conducted in this district.
   (h)   There shall be no outside storage located in this district.
(Ord. 08-33. Passed 5-4-09.)

1259.07 HEIGHT RESTRICTIONS.

   (a)   No structure shall exceed three stories or forty 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.)

1259.08 LOT AREA AND SET BACKS.

   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 Yard1 (ft.)
Rear Yard2 (ft.)
Distance between any two Bldgs (ft.)
All Uses
None
50
30
10
25
25
 
1   Except when adjoining an R-District, then twenty-five.
2   Except when adjoining an R-District, then forty.
(Ord. 08-33. Passed 5-4-09.)

1259.09 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.)

1259.10 CORNER LOTS.

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

1259.11 LANDSCAPING ,BUFFERING, GREEN SPACE.

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

1259.12 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.)

1259.13 OTHER STANDARDS/REGULATIONS.

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

1259.14 RESIDENTIAL USES.

   (a)   In this district, a one-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 enlarged, repaired or altered in accordance with Chapters 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.
   (b)   While solely new one-family residences and related accessory structures are not a permitted use in this district, one dwelling unit is permitted on an upper level of a building when the use of the story at grade level is permitted use in this district.
(Ord. 08-33. Passed 5-4-09.)