Zoneomics Logo
search icon

Newark City Zoning Code

CHAPTER 1261

HB High Intensity Business District

1261.01 PURPOSE.

   The purpose of the High Intensity Business District is to provide for the orderly development of retail, hospitality, and office land uses of limited size.
(Ord. 08-33. Passed 5-4-09.)

1261.02 PERMITTED USES.

   (a)   Uses permitted in Section 1260.02 (MB, LB, GO, CSI).
   (b)   Entertainment, recreation or places of assembly, including, but not limited to:
      (1)   Bowling alley.
      (2)   Pool hall.
      (3)   Movie theatre.
      (4)   Skating rink.
      (5)   Golf driving range or miniature golf.
      (6)   Indoor or outdoor recreation facilities.
      (7)   Bingo hall.
      (8)   Fraternal organization.
      (9)   Swimming pools.
   (c)   Hotels and motels.
   (d)   Tattoo shops.
   (e)   Greenhouses or commercial nurseries.
   (f)   Restaurant or other eating or drinking establishment.
   (g)   Residential uses per Section 1261.14.
   (h)   Flagpoles, television and radio antennas up to twenty-five feet in height.
   (i)   Recycle collection points.
(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)

1261.03 ACCESSORY USES.

   Uses which are customary in the course of or associated with a specified permitted use are allowed.
(Ord. 08-33. Passed 5-4-09.)

1261.04 CONDITIONAL USES.

   (a)   Water towers, observation towers, transmission towers.
   (b)   Flagpoles, television and radio antennas exceeding twenty-five feet in height.
   (c)   Medical marijuana and adult use dispensaries pursuant to the authority and limitations set forth at Chapter 1260: MB Medium Intensity Business, Section 1260.04.
(Ord. 08-33-A. Passed 5-4-09; Ord. 17-43A. Passed 1-2-18; Ord. 24-18-A. Passed 9-16-24.)

1261.05 ACCESSORY STRUCTURES.

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

1261.06 DISTRICT STANDARDS.

   (a)   The gross floor area devoted to business use in this district shall not exceed 15,000 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 thirty-five percent of the lot area, exclusive of any lot area in the floodway.
   (c)   New construction, including additions, shall be reviewed by Planning Commission for compliance with the City's current Development Regulations. These items to be considered in determining compliance include, but are not limited to, the following: roadway improvements, access management or 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 be a maximum of four recycling collection point containers allowed per lot.
(Ord. 08-33. Passed 5-4-09.)

1261.07 HEIGHT RESTRICTIONS.

   No structure shall exceed two stories or thirty-five feet in height.
(Ord. 08-33. Passed 5-4-09.)

1261.08 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
75
30
15
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.)

1261.09 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.)

1261.10 CORNER LOTS.

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

1261.11 LANDSCAPING, BUFFERING, GREEN SPACE.

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

1261.12 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.)

1261.13 OTHER STANDARDS/REGULATIONS.

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

1261.14 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 repaired, altered or enlarged in accordance with Chapters 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.
   (b)   While solely new one-family or multi-family residences are not a permitted use in this district, dwelling units are permitted on a maximum of two upper levels of a building when the use of the story at grade level is a permitted use in this district.
(Ord. 08-33. Passed 5-4-09.)