Newark City Zoning Code
§ 24
SPECIAL USES.
24.1
Child Care Centers
24.1.1
No portion of a child care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.
24.1.2
Child care centers shall be located adjacent to a street having a pavement width of twenty-seven (27) feet or greater.
24.1.3
Site plan approval by the City Council shall be required for all child care center sites, whether or not a Specific Use Permit is required.
24.1.4
Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
24.1.5
All child care centers shall comply with the following standards:
24.1.5.1
All vehicular entrances and exits shall be clearly visible from the street.
24.1.5.2
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
24.1.5.3
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the City Council if the child care is provided for less than four (4) hours per day for an individual person.
24.1.5.4
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within one hundred (100) feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.
24.1.5.5
No child care center shall be part of a one-family or two-family dwelling.
24.2
Construction Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
24.3
Telecommunication Towers and Antennas
24.3.1
Purpose:
The purpose of this section is to:
24.3.1.1
establish regulations for the siting of towers and antennas;
24.3.1.2
minimize the total number of towers throughout the community;
24.3.1.3
encourage the joint use of new and existing tower sites;
24.3.1.4
encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
24.3.1.5
encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
24.3.1.6
encourage using existing facilities as primary option sites for new antennas; and
24.3.1.7
enhance the ability of the providers of telecommunications services to provide services to the community quickly, effectively, and efficiently.
24.3.2
Definitions:
As used in this subsection:
24.3.2.1
Antenna:
Any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving or [of] electromagnetic waves.
24.3.2.2
FAA:
The Federal Aviation Administration.
24.3.2.3
FCC:
The Federal Communications Commission.
24.3.2.4
City Council:
The city council of the City of Newark.
24.3.2.5
Height:
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.
24.3.2.6
Monopole:
A support structure for an antenna composed of a single spire; guide wires shall not be permitted upon such structures.
24.3.2.7
Tower:
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and similar structures.
24.3.3
Applicability.
24.3.3.1
Generally:
The requirements of this section govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the zoning district in which the tower or antenna is to be located.
24.3.3.2
Exemptions:
Except for the requirements of subsections e. 7. and 8. [24.3.5.7 and 24.3.5.8] below, this section does not apply to:
(a)
antennas or towers located on property owned, leased, or otherwise controlled by the city; provided, a license or lease authorizing the antenna or tower has been approved by the City Council;
(b)
amateur radio and TV antennas, including ham radio and CB’s; however, commercial use shall not be permitted, and the height of the antenna shall not be more than 10 feet higher than the building it is attached to;
(c)
a tower or antenna for which a permit has been properly issued prior to the effective date of this article, which is referred to in this article as a “preexisting tower” or “preexisting antenna”; or
24.3.4
Site Plan:
24.3.4.1
Requirement:
An approval for constructing any telecommunications tower or antenna shall require submission of a site plan to the City Council. A site plan must be approved prior to issuance of a building permit by the City.
24.3.4.2
Factors Considered in Approving Site Plan:
The City Council shall consider the following factors in determining whether to approve a site plan:
(a)
Height of the proposed tower;
(b)
Capability of the tower to structurally accommodate the number of shared users proposed by the applicant as certified by a licensed professional engineer;
(c)
Proximity of the tower to residential structures and residential district boundaries;
(d)
Nature of uses on adjacent and nearby properties;
(e)
Surrounding topography;
(f)
Surrounding tree coverage and foliage;
(g)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(h)
Proposed ingress and egress;
(i)
Availability of suitable existing towers and other structures as discussed in subsection e.1 [24.3.5.1];
(j)
Compliance with this section and other applicable ordinances of the city; and
(k)
Any additional terms and conditions, including design standards, that the City Council deems necessary.
When approving a site plan, the City Council may impose conditions to the extent the City Council concludes that conditions are necessary to minimize any adverse effects of the proposed tower or antenna or adjoining properties. The City Council may also waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the purposes of this section are better served thereby. |
24.3.4.3
Written Report Upon Denial of Site Plan:
The City of Newark shall document in writing any denial of a site plan to place, construct, or modify personal wireless service facilities, stating the reason for denial and including substantial evidence that supports the denial.
24.3.5
Requirements for the Installation of Towers and Antennas:
24.3.5.1
Availability of Suitable Existing Towers or Other Structures:
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(d)
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause electromagnetic interference with the applicant’s proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
Other limiting factors that render existing towers and structures unsuitable.
24.3.5.2
Setbacks and Separation:
The following setbacks and separation requirements shall apply to all towers:
(a)
Towers must be set back a distance equal to the height of the tower from any off-site residential structure.
(b)
Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
(c)
Towers over 90 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 90 feet in height. Distances shall be measured in a straight line between the nearest points on the bases of the towers.
(d)
Only one tower shall be permitted upon each platted lot.
The City Council may reduce the setbacks and separation requirements if the purposes of this section would be better served thereby. |
24.3.5.3
Height Restrictions:
A tower must meet the following height and usage criteria:
24.3.5.4
Security Fencing:
Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
24.3.5.5
Landscaping:
The following requirements shall govern the landscaping surrounding towers.
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
24.3.5.6
Visual Characteristics:
(a)
Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, be maintained with materials, color, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d)
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(e)
Advertisement signs, flags, and banners shall be prohibited from towers.
24.3.5.7
Federal Requirements:
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If applicable federal standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
24.3.5.8
Building Codes; Safety Standards:
To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the city concludes that a tower fails to comply with these codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance with 30 days, the city may remove the tower at the owner’s expense.
24.3.6
Removal of Abandoned Antennas and Towers:
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the antenna or tower shall remove it within 90 days of receipt of notice from the city notifying the owner of the abandonment. If the antenna or tower is not removed within the 90 days, the city may remove the antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
24.4
Residence Hotels
Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 15. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
24.5
Garden (Patio) Homes
24.5.1
Location on Lot:
Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot-wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area.
24.5.2
Front Yard Setback:
The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding four hundred (400) feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be twenty-five (25) feet. A minimum lot depth of sixty-five (65) feet, as measured from front building line to the rear lot line, shall be maintained.
24.5.3
Rear Yard Setback:
The minimum rear yard shall be five (5) feet for a single-story structure and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages or carports.
24.5.4
Side Yard Setback:
The minimum side yard shall be zero (0) feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio) homes are constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden (patio) home. There shall be a minimum of twenty (20) feet from any property line adjacent to a street.
24.5.5
Lot Frontage:
The minimum frontage of any garden (patio) home shall be twenty-five (25) feet on residential streets and thirty-five (35) feet on collector and thoroughfare streets.
24.5.6
Lot Area:
The minimum lot area for any development lot for garden (patio) homes shall be two thousand eight hundred (2,800) feet.
24.5.7
Maximum Length of Structures:
No zero lot line structure shall have an overall length exceeding two hundred and fifty (250) feet.
24.5.8
Maximum Height of Structures:
No structure shall exceed two (2) stories or thirty-five (35) feet in height.
24.5.9
Parking:
Two (2) off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking within six hundred (600) feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
24.5.10
Common Area Maintenance:
To insure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:
(a)
Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent area and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A Homeowners’ Association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
(b)
The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.
24.5.11
Usable Open Space Requirements:
Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%) of the area of a patio home development. Such open space shall have a maximum slope of ten percent (10%) and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
24.5.12
Additional Landscaping:
In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
24.6
Multifamily Residence:
24.6.1
Courts:
Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.
24.6.2
Usable Open Space:
Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in Section 34.2.101), in accordance with the table below:
Number of Bedrooms or Sleeping Rooms | Usable Open Space Requirement |
|---|---|
1 or Less | 600 Sq. Ft. |
Each Additional Bedroom Over 1 | 300 Sq. Ft. |
In those instances where a parcel of land has been zoned for multifamily use with a Specific Use Permit or Planned Development classification and the permitted densities do not conform exactly with those permitted in the MF District, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.
In meeting this requirement, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children’s play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the City Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmental significant and that their preservation would enhance the development.
24.7
Service Stations
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.
24.8
Swimming Pools
It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
24.8.1
No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health departments regulations.
24.8.2
A swimming pool erected below ground or above ground with a depth of two (2) feet or greater may be constructed and operated when:
24.8.2.1
the pool is not located in any required front or side yard abutting a street;
24.8.2.2
a wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates that are lockable at all entrances, completely encloses either the pool area or the surrounding yard area;
24.8.2.3
all lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible for adjacent properties;
24.8.2.4
no broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and
24.8.2.5
the swimming pool is no closer then eight (8) feet from any property line.
24.9
Fencing, Walls, and Screening Requirements
24.9.1
Purpose:
The purpose of fencing, walls, and screening requirements is to encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.
24.9.2
Walls and Screening:
The following are requirements for screening of all Nonresidential (excluding Agricultural District), Multifamily (MF), Manufactured Home District (MH-1) and Manufactured Home Park District (MH-2) Areas:
24.9.2.1
In the event that nonresidential, MF, MH-1, or MH-2 abuts any side or back of a SF, TF or Residential Planned Development District, a solid screening wall of not less than six feet (6') nor more than eight feet (8') in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
24.9.2.2
The owner of the nonresidential, MF, MH-1, or MH-2 property shall be responsible for and shall build the required wall on the property line dividing the property from any SF, TF, or PD residential districts. This construction requirement applies only when MF, MH-1, or MH-2 is adjacent to other residential uses. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct the screening wall.
24.9.2.3
Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced [concrete, or other similar suitable permanent materials, which do not] contain openings. All walls or fence openings shall be equipped with self-latching gates equal in height and screening characteristics to the wall or fence.
24.9.2.4
Alternative equivalent screening may be approved through the site plan approval process, section 30.
24.9.2.5
All required screening walls shall be equally finished on both sides of the wall.
24.9.2.7
In all districts, screening shall be required only for those areas used for open storage. A six (6') foot fence or wall shall be provided and maintained at the property line adjacent to the area to be screened.
24.9.2.8
Refuse storage areas not adjacent to an alley or rear service area which are visible from a public right-of-way for all nonresidential MF, MH-1, and MH-2 uses shall be visually screened by a six-foot (6') masonry wall, or an eight-foot (8') masonry wall for storage containers over 6 yards in volume, on all sides except the side used for garbage pickup service, which side shall provide a gate.
24.9.3
Fences
24.9.3.1
Fences or Hedges in the required front yard of any nonresidential district shall not exceed three feet (3') in height and shall be at least 50% open.
24.9.3.2
No fence shall exceed eight feet (8') in height.
24.9.3.3
Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.
24.9.3.4
All fences require permits.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)