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Newark City Zoning Code

CHAPTER 1240

General Regulations

1240.01 CONFORMANCE REQUIRED.

   Except as hereinafter specified, no land, building, structure or premises, shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located. Such regulations shall include, but not be limited to: the use of buildings, structure or land, including performance standards for the control of any "dangerous and objectionable elements," as defined in Chapter 1296; the height, size or dimensions of buildings or structures; the size or dimension of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.
(Ord. 08-33. Passed 5-4-09.)

1240.02 ADDITIONAL USES.

   Uses other than those specifically set forth in this Code as permitted uses in a district may be allowed therein, provided that, in the judgment of the Zoning Inspector, such other uses are of similar character to those uses set forth in the Code and will have no adverse influence or more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district (see Section 1234.07(a)). In making this determination, the Zoning Inspector will consider the volume and time of day that the use generates automobile traffic and customers, as well as the similarity of the proposed use to the permitted use. When the Zoning Inspector is uncertain as to the proper classification of a use not included within the provisions of this Code, he may ask the Board for an interpretation in accordance with Section 1234.06.
(Ord. 08-33. Passed 5-4-09.)

1240.03 ADDITIONAL PROHIBITED USES.

   Uses which are not specifically prohibited in a district, but are similar to and of the same character as any use specifically prohibited in a district shall also be prohibited in that district. In making this determination, the Zoning Inspector will consider the volume and time of day that the use generates automobile traffic and customers, as well as the similarity of the proposed use to the prohibited use. When the Zoning Inspector is uncertain as to the proper classification of a use not included within the provisions of this Code, he may ask the Board for an interpretation in accordance with Section 1234.06.
(Ord. 08-33. Passed 5-4-09.)

1240.04 CONDITIONAL USE AND SPECIAL EXCEPTION APPROVAL; TIME LIMIT.

   Where the Board has granted a conditional use or special exception and the premises have not been occupied in a manner consistent with the grant or construction has not begun on any structure within twelve months of the grant, the conditional use or special exception shall be void and no force or effect. Thereafter, a new application for conditional permit shall be filed with the Board before such use can be established or construction on such structure undertaken. (See Section 1234.07(d))
(Ord. 08-33. Passed 5-4-09.)

1240.05 SETBACK MEASUREMENTS.

   Except as noted elsewhere in this Code, setback distances are measured from the property line to the wall or other supporting element of the structure including, but not limited to posts supporting a floor (including porches and decks) roof or story above. In the case of a sign, see Chapter 1294. For modifications to the required setbacks see Chapters 1270 and 1271.
(Ord. 08-33. Passed 5-4-09.)

1240.06 FRONTAGE MINIMUM REQUIRED.

   Except as permitted by other provisions of this Code, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts a public way for at least forty feet.
(Ord. 08-33. Passed 5-4-09.)

1240.07 CONVERSION OF DWELLING.

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Code, and only when the resulting occupancy will comply with the requirements of this Code.
(Ord. 08-33. Passed 5-4-09.)

1240.08 TRUCKS IN R-DISTRICTS.

   No truck or similar motor vehicle which exceeds a gross vehicle weight rating (GVWR) of 12,000 pounds shall be parked in an R-District on property of which the primary use is residential, except such vehicle may be parked in a fully enclosed garage or similar structure.
(Ord. 08-33. Passed 5-4-09.)

1240.09 TRAVEL TRAILERS AND MOTOR HOMES.

   No person shall occupy a travel trailer, motor home, or similar type vehicle as a living unit, rooming unit, sleeping unit, or a dwelling unit, unless the vehicle is located in a campground or similar park, which has been approved for such use. The parking or storage of an unoccupied vehicle of this type is permitted outside an approved campground or similar park.
(Ord. 08-33. Passed 5-4-09.)

1240.10 PERFORMANCE STANDARDS; COMPLIANCE.

   Compliance with performance standards under Chapter 1296 is required of every use.
(Ord. 08-33. Passed 5-4-09.)

1240.11 CORNER LOTS.

   No structure shall be erected within twenty-five feet of the point of intersection of the improved road surface in any district on any corner lot. For purposes of this section, a lot on the corner of any two public rights-of-way with vehicular traffic shall be considered a corner lot. Additionally, a corner lot shall comply with the minimum front yard requirement established for the district in which the lot is located for each street bordering the corner lot. The applicant may determine which yard opposite a street will be the rear yard.
(Ord. 08-33. Passed 5-4-09.)

1240.12 REQUIRED AREA OR SPACE CANNOT BE REDUCED.

   No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum area required by this Code, unless approved by the Board. No part of a yard, court, parking area, or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this Code, shall be shared as part of a yard, court, parking area or other space for a separate building or structure, unless approved by the Board.
(Ord. 08-33. Passed 5-4-09.)

1240.13 UNSAFE BUILDINGS.

   Nothing in this Code shall prevent the structural rehabilitation or restoring to a safe condition of any part of a building or structure declared unsafe by a proper authority.
(Ord. 08-33. Passed 5-4-09.)

1240.14 ZONING PERMITS ISSUED PRIOR TO ENACTMENT.

   Nothing herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which zoning permits have been issued prior to the enactment of this Code.
(Ord. 08-33. Passed 5-4-09.)

1240.15 EASEMENTS.

   The City is not responsible for researching recorded utility or other easements in the zoning permit review process. Any building or structure placed in a recorded easement becomes the risk and responsibility of the owner.
(Ord. 17-04. Passed 4-17-17.)