Newark Village City Zoning Code
ARTICLE IX
General Business District B-2
§ 170-28 District intent.
The purpose of this district is to support existing business and commercial uses at various locations throughout the Village. The significant number of uses is intended to be comprehensive and signal flexibility for development and redevelopment projects.
§ 170-29 Permitted uses.
A.
Please refer to Chapter 170, Article IV, § 170-8, Schedule of Permitted Land Uses.
B.
Other uses not specifically listed in § 170-8, Village of Newark Schedule of Permitted Land Uses, but deemed by the Zoning Board of Appeals to be similar in nature and compatible with the purposes of the B-2 General Business District. Once a use has been deemed similar in nature and compatible with the purposes of the district, special permit criteria shall be reviewed and a special permit issued, if approved. NOTE: In a B-2 General Business District, adult entertainment shall not be a permitted use.
§ 170-30 Yard, coverage and supplementary regulations.
Yard, coverage and supplementary regulations shall be as follows:
B-2 | |
|---|---|
Lot area minimum | No restrictions |
Lot frontage minimum | No restrictions |
Lot depth minimum | No restrictions |
Front yard minimum | No restrictions |
Rear yard minimum | |
If abutting R-1, R-2, R-3 | 30 feet |
Otherwise | No restrictions |
Side yard minimum | |
If abutting R-1, R-2, R-3 | 20 feet |
Otherwise | No restrictions |
Coverage maximum | 75% |
Building height maximum whichever is less | No restrictions |
Location of driveways | Minimum 100 feet from intersection and minimum 100 feet apart |
Supplementary regulations as set forth in Article XIV | Yes |
§ 170-31 Procedure.
Any new building proposed within the B-2 General Business District must file a site plan application with the Planning Department. Requirements for existing building renovations are outlined in the existing buildings section of this Code.
§ 170-32 Definitions.
As used in this article, the following terms shall have the meanings indicated:
CORNICE
Any molded projection which finishes or crowns the part to which it is attached.
CUT-OFF FIXTURES
Units which have no direct up-light, help eliminate glare, and are more efficient by directing all lighting down to the intended area only.
DECIDUOUS TREES
Trees that lose their leaves seasonally.
FALSE FRONT
A front wall which extends upward beyond the sidewall to create a more imposing facade.
LIGHT TRESPASS
Troublesome light entering areas or premises outside the boundary of the premises to be illuminated.
PILASTER
A column projecting from a wall.
PLANTING AREA
The strip of land adjacent to any parking area that contains landscaping, natural vegetation, or a combination thereof for the purpose of screening and beautifying the parking area.
SIDEWALK
A pedestrian pathway within the public right-of-way.
SIGHT TRIANGLE
The area of visibility required on a corner to allow for the safe operation of vehicles, pedestrians and cyclists in the proximity of intersection streets, sidewalks and bicycle paths.
WALKWAY
A pedestrian pathway that is on private property.
§ 170-33 B-2 design principles.
A.
Mixed-use buildings should be encouraged.
B.
Improve access to/visibility of the Erie Canal.
C.
Improve pedestrian access, scale, safety and streetscapes.
D.
Focus on urban design, creating a uniformity of building design, signage, lighting and landscaping throughout the Village.
E.
Parking should be encouraged to rear and side lots with landscaping as a buffer to soften edges. Curb cuts should be limited.
§ 170-34 Building design standards.
A.
Size and scale.
(1)
Avoid sharp contrasts in scale between adjacent buildings in terms of height, width and mass.
(2)
Structures are preferred at a minimum height of two stories. Other building heights can be approved by the Planning Board with consideration given to:
(a)
Height of adjacent buildings.
(b)
Vistas and views.
(3)
On buildings that front both the Erie Canal and West/East Union, it is encouraged that an historic canal-style building be designed. This type of building would allow for a minimum of two stories fronting along West/East Union.
(4)
New storefronts should respect the typical width of a Village storefront of 25 feet to 35 feet wide. Where a new storefront is intended to be wider than this, it should incorporate vertical architectural elements such as bays, columns, pilasters, piers, etc., to break up the mass.
B.
Facade.
(1)
All building facades are encouraged to use at least two of the following techniques that create horizontal and vertical breaks, such as, but not limited to:
(a)
A vertical architectural element (column, pilaster, etc.).
(b)
Building recesses, offsets or projections.
(c)
Texture and/or material changes.
(d)
Architectural banding.
(e)
Variation in roofline.
(f)
Contrasting window frame or shutters.
(g)
Awnings.
(h)
Canopies.
(i)
Display windows.
(j)
Other architectural details such as tile work and molding.
(2)
Architectural detail should be incorporated into the ground floor in order to create an easily identifiable entrance.
(3)
The front facade shall face a street, small park, plaza, or landscaped walkway that is visible and directly accessible from the street.
(4)
When a building shares frontage on the Erie Canal and East Union/West Union Street, it must provide an entrance at both locations, where practical. The East Union/West Union facade shall be considered the primary facade and the Erie Canal facade as the secondary facade in terms of level of architectural detailing.
(5)
For all buildings above two stories, the ground floor shall be architecturally distinguished from the upper facade with a cornice, canopy, balcony, architectural banding, or some other architectural element.
C.
Windows/transparency.
(1)
The front facade at ground level and any facade facing a public street or the Erie Canal shall be transparent, meaning a person must be able to see five feet into the building. At the discretion of the Planning Board, other types of glazing such as stained glass windows may be approved. Dark or reflective glass at the storefront is to be avoided.
D.
Roofs.
(1)
For multistory buildings it is acceptable to use a false front roof or architectural parapet, particularly to provide screening for mechanical units, or to create variation in the streetscape.
(2)
Roof design should be functional and in scale with the surrounding buildings.
(3)
Rooflines shall be consistent with the building style.
(4)
Flat roofs shall have an articulated cornice, which projects horizontally from the top of the building or a decorative false front.
(5)
Architectural embellishments that are consistent with the building style are encouraged, such as dormers, masonry chimneys, clock towers, cupolas, etc.
(6)
Roofs should not make up more than 25% of the visible facade area of the building.
E.
Materials.
(1)
Natural materials such as brick, stone, wood and stucco are required as the primary facade material and all sides visible from the street or canal. The Planning Board may approve other materials if they maintain the goals of the district. Engineered products such as T-111, oriented strand board (OSB), plywood and similar products are not permitted.
(2)
Exterior materials should be durable and of high quality. On facades that are easily visible from the street(s) or the Erie Canal, synthetic materials that mimic natural materials (such as vinyl siding, dryvit or concrete block) are not appropriate.
F.
Utilities/loading areas.
(1)
Mechanical equipment should be located at the rear of buildings or on the roof and be properly screened (e.g., with a parapet).
(2)
On a building that fronts on both the Erie Canal and West/East Union it is preferred (where practical) that dumpsters be located, if possible, between the buildings. These facilities should be properly screened using landscaping or fencing. The final location of loading areas and dumpsters will be decided by the Planning Board.
G.
Residential units on mixed-use property within the B-2 General Business District:
(1)
For a one-bedroom or a studio apartment: Dwelling units must be at least 600 square feet, however, one apartment or up to 5% of the total number of apartments may be under 600 square feet but not less than 400 square feet. Any uneven percentage calculation should be rounded up to the nearest whole number above.
(2)
For a two-bedroom: Dwelling units must be at least 750 square feet.
