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Newton City Zoning Code

§ 320-1

Title and purpose; applicability and intent.

A. 
Title and purpose. This chapter shall be known and may be cited as the Form-Based Code Zoning Ordinance of the Town of Newton.
B. 
Applicability.
(1) 
Provisions of this Code are activated by "shall" when required; "should" when recommended; and "may" when optional.
(2) 
The provisions of this Code, when in conflict, shall take precedence over those of other codes, ordinances, regulations and standards except the local health and safety codes.
(3) 
Chapter 240, Land Subdivision and Site Plan Review, shall continue to apply to development applications where appropriate. In the case of conflicting provisions, the provisions of the Form-Based Code Zoning shall apply. The requirements of this chapter shall not be construed to eliminate the need for an applicant or property owner to obtain approvals from other agencies with jurisdiction, such as the county or the State of New Jersey.
(4) 
Where in conflict, numerical metrics shall take precedence over graphic metrics.
C. 
Intent. The intent and purpose of this Code is to enable, encourage and qualify the implementation of the following policies:
(1) 
The community:
(a) 
That neighborhoods and regional centers should be compact, pedestrian-oriented and mixed-use.
(b) 
That neighborhoods and regional centers should be the preferred pattern of development and that districts specializing in a single use should be the exception.
(c) 
That ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive.
(d) 
That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips.
(e) 
That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.
(f) 
That appropriate building densities and land uses should be provided within walking distance of transit stops.
(g) 
That civic, institutional, and commercial activity should be embedded in downtowns, not isolated in remote single-use complexes.
(h) 
That schools should be sized and located to enable children to walk or bicycle to them.
(i) 
That a range of open space including parks, squares, and playgrounds should be distributed within neighborhoods and downtowns.
(2) 
The block and the building:
(a) 
That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places.
(b) 
That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas.
(c) 
That the design of streets and buildings should reinforce safe environments, but not at the expense of accessibility.
(d) 
That architecture and landscape design should grow from local climate, topography, history, and building practice.
(e) 
That buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods.
(f) 
That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-government.
(g) 
That civic, historic and landmark buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the Town.
(h) 
That the preservation and renewal of historic buildings should be facilitated, to affirm the continuity and evolution of society.
(i) 
That the harmonious and orderly evolution of urban and suburban areas should be secured through form-based codes.
(3) 
The transect:
(a) 
That municipalities should provide meaningful choices in living arrangements as manifested by distinct physical environments.
(b) 
That the Transect Zone descriptions on Table 1[1] shall constitute the intent of this Code with regard to the general character of each of these environments.
[1]
Editor's Note: See § 320-2B.
(4) 
User instructions:
(a) 
Locate your parcel on the Transect Zoning Map and identify the parcel and transect zone or special district that your parcel is located in.
(b) 
Identify frontage type, building type and permitted uses for the transect or special district for you parcel. Refer to the parking and landscaping standards for this chapter as well as site plan and subdivision standards in Chapter 240.