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Newark City Zoning Code

§ 25

SPECIFIC USE PERMIT.

25.1 
General Provision
25.1.1 
As permitted under the provisions of this ordinance, a property owner may petition the City for a specific use of property, as authorized by the zoning district in which the property is located. Such petition shall be considered by the City Council after proper notice and a public hearing.
25.1.2 
An application for a Specific Use Permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and locations of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; visual screening such as walls, landscaping, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to minimum distance of two hundred (200) feet.
25.1.3 
After proper notice and a public hearing, the City Council may grant a permit for a specific use of property as authorized by the zoning district in which the property is situated. The City Council may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.
25.2 
Specific Use Permit Regulations
25.2.1 
In recommending that a specific use permit for the premises under consideration be granted, the City Council shall determine whether such use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration.
25.2.2 
The City Council shall authorize issuance of a Specific Use Permit only after determining that the proposed use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration.
25.2.3 
The City Council shall authorize issuance of a Specific Use Permit only after determining that adequate provisions have been made for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
25.2.4 
No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit, as attached to the site plan drawing (or drawings) and approved by the City Council. No public hearing is necessary for site plan approval.
25.2.5 
Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation.
25.2.6 
When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses.
25.2.7 
No Specific Use Permit shall be granted for any establishment that derives seventy-five percent (75%) or more of the establishment’s gross revenues from the on-premise sale of alcoholic beverages; unless that such establishment meets the following conditions:
a. 
Such establishment must be located in a Light Manufacturing/Industrial District “M-1” or Manufacturing/Industrial District - Heavy “M-2” zoned district; zoned district; [sic]
b. 
Such establishment shall not be located within one thousand five hundred (1,500) feet of a church, public or private school, public hospital, day care center, child care facility, public park or recreational facility;
c. 
Such establishment shall meet the following parking requirements:
i. 
One (1) parking space is required for every three (3) seats or for every one hundred (100) square feet of floor area, whichever is greater;
ii. 
All driveways, approaches and surfaces of parking areas must be constructed of concrete, hot mix asphalt paving, or other hard surface material approved by the City Council;
iii. 
Safety barriers, protective bumpers or curbing shall be provided to prevent encroachment onto adjoining public or private property;
iv. 
The location and traffic direction of all access drives, and internal circulation patterns, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety; and
v. 
Lights must be provided to illuminate any parking facility or paved area, and shall be designed to reflect away from adjoining public or private property.
d. 
The exterior building wall construction of such establishment must be one hundred percent (100%) masonry, exclusive of all windows, doors, roofs and glass construction material;
e. 
Such establishment must meet all fire protection requirements of all applicable codes, including fire suppression/sprinkler system requirements;
f. 
No pole signs shall be permitted;
g. 
No illuminated, moving, flashing or neon signs shall be permitted in any windows or otherwise visible from the right-of-way;
h. 
No signs advertising or depicting alcohol or tobacco shall be visible from the right-of-way;
i. 
All required state licenses or permits must be valid and in effect;
j. 
All sales and consumption must be within permanent walls of the establishment covered by a roof; no outside consumption of an alcoholic beverage is permitted.
k. 
No amplified music or loudspeakers outside the building is permitted;
l. 
Such establishment must be at least four thousand (4,000) square feet in size and must meet all applicable codes;
m. 
A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and n. The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 3, adopted 4/22/10)