City of Newark, NJ Chapter 41:4 Permitted Uses by District

[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023. Chapter history includes Ord. No. 6PSF-C, 2-4-2015 as amended by Ord. No. 6PSF-B, 8-7-19; Ord. No. 6PSF-C, 1-9-19; Ord. No. 6PSF-AB (s), 08-19-2021. Amendments noted where applicable.]

§ 41:4-0 Use Categories.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

The following list groups all Principal Uses listed in the Use Charts that follow into Use Categories in order to ease identification of which Principal Use applies to a specific proposed development. Each Use Category (listed in bold type) contains a variety of similar and related Principal Uses (listed in non-bold type).

Each Principal Use listed has a specific definition found in Chapter 41:2.

Use Categories - Principal Uses

ANIMALS (PETS)

Animal Boarding or Kennel, Pet Shop, Animal Shelter, Pound

Animal Grooming & Animal Daycare

Veterinary Clinic, Office & Veterinary Hospital

ANTENNAS

Commercial Antenna & Microwave Dishes

AUTOMOTIVE SERVICES, SALES AND REPAIR

Automobile Repair & Tire Repair Automobile Paint & Body Repair Automobile Sales and Rentals

Automobile Car Wash

Commercial, Industrial Truck & Bus Services Gasoline Station

Operation Facilities for Bus/Taxicab/Ambulance/Limousine Truck Terminal

Vehicle Towing Facility

AVIATION

Airport

Heliport

COMMUNITY FACILITIES

Community Center

Places of Worship

DAY CARE FACILITIES

Child Care Centers

EDUCATION & CULTURAL

Business, Specialized or Vocational Schools Colleges & Universities

(Galleries included under Retail Sales, General)

Museum

Primary & Secondary Schools

ENTERTAINMENT & NIGHTLIFE

Banquet Hall/Catering Hall/Event Space

Bars, Cigar/Hookah

Bars, Taverns & Lounges

Nightclubs, Discotheques & Cabarets

Private Clubs (including Motorcycle Clubs)

Sexually Oriented Businesses

FOOD & DRINK

Animal Cafe

Brewery

Convenience Retail

Distillery

Emergency Food Distribution Center, Food Pantry, Soup Kitchen

Fish, Meat and Poultry Market

Fresh Food Market

Liquor Store

Live Animal Market

Supermarket

Take-Out Restaurant

Sit-Down Restaurant

Wholesale Bakeries

FUNERAL

Cemeteries

Crematorium, Animal

Funeral Home/Mortuaries

GOVERNMENT USES

Governmental (Non-Municipal Uses)

Municipal Uses

MANUFACTURING

Artist Live/Work Studio (Nuisance Producing)

Cannabis Manufacturer

Flex Space, Light Industrial

Laundry Facility, Commercial/Wholesale

Manufacturing, Light

Manufacturing, Heavy

Manufacturing, Medium

Research & Development

MEDICAL & SOCIAL SERVICE

Emergency Food Distribution Center, Food Pantry,

Homeless Shelter

Hospital/Medical Institution

Medical Clinic or Emergency Care Facility

Methadone Maintenance Clinic

Soup Kitchen Medical Offices

Substance Abuse Treatment Centers (does not include Methadone Maintenance clinics)

OFFICE

Co-Working, Incubator, Shared Office

Office

OUTDOOR STORAGE

Materials Salvage or Junk Facility

Outdoor Storage

Outdoor Storage, Chemical

PARKING

Parking Garage, Commercial Vehicle

PERSONAL SERVICES

Body Art Studio

Personal Service Establishment

Massage Facility

RECREATIONAL

Fitness Centers

Passive Recreation Park

Active Recreation Park

Theater

RESIDENCES & LODGING

Single-Family Dwellings

Two-Family Dwellings

Three-Family Dwellings

Four-Family Dwellings

Town Houses

Low-rise Multi-Family Dwellings

Mid-rise Multi-Family Dwellings

High-rise Multi-Family Dwellings

Dwelling above commercial

Adult Family Care Home

Artist Live/Work Space (Nuisance Producing)

Assisted Living Facilities

Community Residences for Developmentally Disabled, Persons with Head Injuries and Terminally Ill Persons, and Community Shelters for Victims of Domestic Violence

Dormitories

Hotels

Nursing Homes

Rooming and Boarding House/Single Room Occupancy

Short-Term Rental

RETAIL (NO FOOD)

Cannabis Retailer/Microbusiness/Delivery

Check-Cashing Establishments & Bail Bond Agencies

Cigar/Tobacco/Vape Retail Sales

Consumer Repair

Consignment Stores

Department Store

Dry Cleaning and Laundry Establishment

Financial, Insurance, Real Estate, or Securities Brokerage Consumer Services

Exterminator/Pesticide Application Business

Furniture and Appliance Stores, Used

Gun, Ammunition/Weapons Dealers

Heavy Retail and Service

Laundromat

Large Format Retail and/or Shopping Center

Pawn Shops

Pet Shop

Resale or Thrift Shops

Retail Sales, General Consumer Goods

SIGNAGE

Billboards

UTILITIES

Electrical or Gas Switching Facility, Power Distribution, or Substation

Power Generation Facilities

Solar Energy System (ground mounted, roof mounted, over parking lots and structured parking)

Telephone Switching Facility

Wind Energy System, Large

URBAN AGRICULTURE

Cannabis Cultivator

Community Garden

Market Garden

Urban Farm

WAREHOUSING & DISTRIBUTION

Data Center

Cannabis Distributor

Self Storage

Truck Terminal

Truck, Tractor, Trailer, and Heavy Vehicle Parking or Storage

Warehousing, Wholesaling & Distribution Categories

WASTE & RECYCLING

Materials Salvage or Junk Facility

Recycling Center

Waste Transfer Station

§ 41:4-1 Permitted Uses in Residential Districts.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

Table 4-1: Residential Districts
P = Permitted - = Not Permitted C = Conditionally Permitted
Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted.
	R-1	R-2	R-3	R-4	R-5	R-6
Principal Uses
Single-Family Dwelling	P	P	P	P	-	-
Two-Family Dwelling	-	P	P	P	-	-
Three-Family Dwelling	-	P	P	P	-	-
Four-Family Dwelling	-	-	P	P	-	-
Town House, Dwelling	-	-	P	P	-	-
Low-Rise Multi-Family Dwellings	-	-	C	P	P	P
Mid-Rise Multi-Family Dwellings	-	-	-	-	P	P
High-Rise Multi-Family Dwellings	-	-	-	-	-	P
Active Recreation Park	P	P	P	P	P	P
Assisted Living Facilities & Nursing Homes	-	-	-	C	C	C
Child Care Center, Standalone	-	C	C	C	C	C
Commercial Antennas and Microwave Dishes, Collocation	P	P	P	P	P	P
Community Centers	-	P	P	P	P	P
Community Gardens	P	P	P	P	P	P
Community Residences for the Developmentally Disabled, Persons with Head Injuries and Terminally III Persons and Community Shelters for Victims of Domestic Violence, Adult Family Care Home	P	P	P	P	P	P
Ground Floor Use in a mixed-use building for Child Care Center; Community Center; Commercial Recreation (Small Scale); Convenience Retail; Dry Cleaning and Laundry Pick-Up/Drop-Off Establishment; Finance, Insurance Real Estate, or Securities Brokerage; Gallery; Consumer Services; Fresh Food Market; Governmental (Non-Municipal) Use; Medical Office; Municipal Use; Offices; Personal Services Establishment; Shared Kitchen; Sit-Down Restaurant; Take-Out Restaurant; or General Consumer Goods Retail Sales.	-	-	C	P	P	P
Municipal Uses	P	P	P	P	P	P
Passive Recreation Park	P	P	P	P	P	P
Places of Worship	C	C	C	C	C	C
Primary and Secondary Schools	C	C	C	C	C	C
Urban Farm (See Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Accessory Uses
Accessory Dwelling Unit	C	-	-	-	-	-
Automotive Lifts (see Section 41:4-6, Additional Standards)	-	-	P	P	P	P
Cold frame	P	P	P	P	P	P
Commercial Antennas & Microwave Dishes, Building-Mounted	-	-	-	-	-	C
Composting (See Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Family Day Care Homes (see Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Greenhouse	P	P	P	P	P	P
Home Occupation (see Section 41:1-6, Additional Standards)	P	P	P	P	P	P
Hoop house	P	P	P	P	P	P
Outdoor Storage, Portable Storage Units	P	P	P	P	P	P
Parking, Structured	-	-	-	P	P	P
Parking Garage, Private Residential	P	P	P	P	P	P
Private Sports Courts (see Section 41:4-6 Additional Standards)	P	P	P	P	P	P
Sheds and Other Accessory Storage Structures (See Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Short-Term Housing (see Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Solar Energy Systems	P	P	P	P	P	P
Swimming Pools, Private	P	P	P	P	P	P
Wind Energy Systems, Small	C	C	C	C	C	C

§ 41:4-2 Permitted Uses in Commercial & Mixed-Use Districts.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023; amended 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Table 4-2: Commercial & Mixed-Use Districts
P = Permitted - = Not Permitted C = Conditionally Permitted
Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted.
	C-1	C-2	C-3	MX-1	MX-2	MX-3
Principal Uses
Single-Family Dwelling	-	-	-	P	P	-
Two-Family Dwelling	P	P*	-	P	P	-
Three-Family Dwelling	P	P*	-	P	P	P
Four-Family Dwelling	P	P*	-	P	P	-
Town House, Dwelling	P	-	-	P	P	-
Low-Rise Multi-Family Dwellings	P	-	-	P	P	P
Mid-Rise Multi-Family Dwellings	-	-	-	-	C	P
High-Rise Multi-Family Dwellings	-	-	-	-	-	P
Mixed-Use Buildings with Multi-Family Dwellings and Non-Residential Uses	P	P	P	P	P	P
Mixed-Use Buildings with Multi-Family Dwellings and Non-Residential Uses exceeding 5 stories/60 feet in height	-	C	P	-	C	P
Mixed-Use Buildings with Multi-Family Dwellings and Non-Residential Uses exceeding 8 stories/96 feet in height	-	-	-	-	-	C
Single Room Occupancy Dwellings/Boarding/Rooming House	P	P	P	P	P	-
Active Recreation Park	P	P	P	P	P	P
Animal Boarding, Kennel	-	-	C	-	C	-
Animal Cafe	-	P	P	-	P	P
Animal Daycare, Animal Grooming	-	P	P	-	P	P
Artisan and Craft Workspace	P	P	P	P	P	P
Artist Live/Work Studio (Nuisance Producing)	-	-	-	-	C	-
Automobile Car Wash	-	-	C	-	-	-
Automobile Rentals	-	-	C	-	-	-
Automobile Repair and Tire Repair	-	-	C	-	C	-
Automobile Sales	-	-	C	-	-	-
Bail Bond Agency	-	P	P	-	-	-
Bar/Lounge, Cigar or Hookah (See Section 41:4-6, Additional Standards)	-	P	P	-	P	P
Bars, Taverns, Lounges	-	P	P	-	P	P
Billboards	-	-	-	-	-	-
Body Art Studio	-	P	P	-	P	P
Brewery, Limited	-	P	P	-	P	P
Brewery, Restricted	-	P	P	P	P	P
Business, Specialized or Vocational Schools	P	P	P	P	P	P
Cannabis Delivery	C	C	C	C	C	C
Cannabis Retailer	C	C	C	C	C	C
Cannabis Microbusiness	C	C	C	-	-	-
Check-Cashing Establishments	-	-	P	-	-	-
Child Care/Adult Daycare Center	P	P	P	P	P	P
Cigar/Tobacco/Vape Retail Sales Establishment (See Section 41:4-6, Additional Standards)	-	P	P	-	P	P
Commercial Antennas and Microwave Dishes, Collocation	P	P	P	P	P	P
Commercial Antennas & Microwave Dishes, Building Mounted	C	C	C	C	C	C
Commercial Recreation, Large Scale	-	-	P	-	P	P
Commercial Recreation, Small Scale	P	P	P	P	P	P
Community Centers	P	P	P	P	P	P
Community Gardens	P	P	P	P	P	-
Consumer Repair Services	P	P	P	P	P	P
Convenience Retail	P	P	P	P	P	P
Co-Working, Incubator, or Shared Office	P	P	P	P	P	P
Department Store	-	-	P	-	-	-
Dry Cleaning and Laundry Pick-Up/Drop-Off Establishment without on-site dry cleaning	P	P	P	P	P	P
Dry Cleaning and Laundry Establishment	-	-	-	-	-	-
Emergency Food Distribution Center, Food Pantry & Soup Kitchen	-	P	P	-	P	-
Event Space	-	P	P	-	P	P
Finance, Insurance, Real Estate, or Securities Brokerage Consumer Services	P	P	P	P	P	P
Fish, Meat and Poultry Markets	-	P	P	P	P	P
Fitness Center	P	P	P	P	P	P
Flex Space, Light Industrial	-	-	-	-	P	-
Fresh Food Market	P	P	P	P	P	P
Funeral Home or Mortuary	-	C	C	-	C	-
Gasoline Station	-	-	C	-	-	-
Governmental (Non-Municipal) Uses	P	P	P	P	P	P
Gun, Ammunition/Weapons Dealers	-	-	-	-	-	-
Homeless Shelter	-	C	C	-	C	-
Hotels (See Section 41:4-6, Additional Standards)	-	-	P	-	-	P
Hotels, Boutique	-	P	P	P	P	P
Hybrid/Flexible Businesses or Uses (Comprising any combination of permitted uses)	P	P	P	P	P	P
Large Format Retail and/or Shopping Centers	-	-	P	-	-	-
Laundromat	P	P	P	P	P	P
Liquor Stores	-	C	C	-	C	C
Live-Work Space (Non-Nuisance Producing)	P	P	P	P	P	P
Makers Space	-	-	P	P	P	P
Market Gardens	P	P	P	P	P	-
Massage Facility	-	C	C	C	C	C
Medical Clinic or Emergency Care Facility	-	P	P	-	P	P
Medical Marijuana Alternative Treatment Center	-	-	C	-	-	-
Medical Marijuana Safety Compliance Facility	-	-	C	-	-	-
Medical Marijuana Manufacturing Facility	-	-	C	-	-	-
Medical Marijuana Cultivation Facility	-	-	-	-	-	-
Medical Offices	P	P	P	P	P	P
Methadone Maintenance Clinic	-	-	C	-	C	-
Municipal Uses	P	P	P	P	P	P
Museums	-	P	P	-	P	P
Nightclubs, Discotheques & Cabarets	-	C	C	-	-	-
Offices	P	P	P	P	P	P
Pawn Shops	-	-	P	-	-	-
Personal Service Establishment	P	P	P	P	P	P
Pet Shop (See Section 41:4-6, Additional Standards)	-	-	P	-	P	-
Places of Worship	C	C	C	C	C	C
Primary & Secondary Schools	C	C	C	C	C	C
Private Clubs (See Section 41:4-6, Additional Standards)	-	P	P	P	P	P
Research and Development	-	-	-	-	P	P
Retail Sales, General Consumer Goods	P	P	P	P	P	P
Shared Kitchen	-	-	P	P	P	P
Sit-Down Restaurant	P	P	P	P	P	P
Substance Abuse Treatment Center	-	-	C	-	C	-
Supermarket	P	P	P	P	P	P
Take-Out Restaurant	P	P	P	P	P	P
Theaters	-	P	P	-	P	P
Urban Farm (See Section 41:6, Additional Standards)	P	P	P	P	P	-
Veterinary Clinic or Office	P	P	P	P	P	P
Veterinary Hospital	-	-	P	-	-	-
Warehousing, Micro-Fulfillment	-	-	-	-	C	-
Wholesale Bakeries	-	C	C	-	P	-
Accessory Uses
Automotive Lifts (See Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Child Care/Adult Daycare Center	P	P	P	P	P	P
Coldframe	P	P	P	P	P	-
Composting (See Section 41:4-6, Additional Standards)	P	P	P	P	P	-
Donation Bin (See Section 41:4-6, Additional Standards)	P	P	P	P	P	-
Drive-Through Facilities	-	-	C	-	-	-
Emergency Food Distribution Center, Food Pantry, Soup Kitchen	P	P	P	P	P	P
Farm Stand	P	P	P	P	P	-
Greenhouse	P	P	P	P	P	-
Home Occupation (See Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Hoophouse	P	P	P	P	P	-
Indoor Cannabis Consumption Area with Licensed Cannabis Retailer	P	P	P	-	P	P
Massage Facilities	C	C	C	C	C	C
Offices	P	P	P	P	P	P
Outdoor Display Area	P	P	P	P	P	P
Outdoor Storage, Portable Storage Units	-	-	P	-	P	-
Parking, Garage, Private Residential	-	-	-	P	P	-
Parking, Structured	P	P	P	P	P	P
Sidewalk Cafe (accessory to permitted restaurant only, see Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Solar Energy Systems	P	P	P	P	P	P
Wind Energy Systems, Small	C	C	C	C	C	C
NOTES: *Not permitted on a property with frontage on a collector or arterial road.

§ 41:4-3 Permitted Uses in Industrial, Airport, and Port Area Districts.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023; amended 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Table 4-3: Industrial, Airport, and Port Area Districts
P = Permitted - = Not Permitted C = Conditionally Permitted
Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted.
	I-1	I-2	I-3	EWR	EWR-S	PORT
Principal Uses
Airport	-	-	-	P	-	-
Animal Boarding or Kennel, Animal Shelter, Pound	C	C	-	-	-	-
Animal Daycare, Animal Grooming	P	-	-	-	-	-
Artisan and Craft Workspace	P	-	-	-	-	-
Artist Live/Work Studio (Nuisance Producing)	C	-	-	-	-	-
Automobile Paint and Body Repair	-	C	C	-	C	-
Automobile Rentals	C	C	-	-	P	-
Automobile Repair and Tire Repair	C	C	C	-	C	-
Automobile Sales	C	C	-	-	C	-
Automobile Car Wash	C	C	-	-	C	-
Bail Bond Agency	P	-	-	-	-	-
Billboards	-	-	C	-	C	-
Cannabis Cultivator	C	C	C	C	C	C
Cannabis Delivery	C	C	C	C	C	C
Cannabis Distributor	C	C	C	C	C	C
Cannabis Manufacturer	C	C	C	C	C	C
Cannabis Wholesaler	C	C	C	C	C	C
Check-Cashing Establishment	P	P	-	-	-	-
Child Care Center	-	-	-	-	P	-
Commercial, Industrial Truck and Bus Services	-	C	C	-	C	-
Commercial Antennas & Microwave Dishes, Building Mounted	C	C	C	C	C	C
Commercial Antennas and Microwave Dishes, Collocation	P	P	P	P	P	P
Commercial Antennas & Microwave Dishes, Monopole/Dedicated Structure	-	C	C	-	C	C
Commercial Recreation, Large Scale	P	P	-	-	P	-
Commercial Recreation, Small Scale	P	-	-	-	-	-
Community Center	P	-	-	-	-	-
Convenience Retail	P	P	P	P	P	-
Co-Working, Incubator, or Shared Office	P	-	-	-	P	-
Crematorium, Animal	-	-	C	-	-	-
Data Center	P	P	P	P	P	P
Dry Cleaning & Laundry Establishment	C	C	C	-	C	-
Electrical or Gas Switching Facility, Power Distribution or Substation	-	-	P	P	-	P
Emergency Food Distribution Center, Food Pantry & Soup Kitchen	P	P		-	-	-
Exterminator/Pesticide Application Business	C	C	C	-	-	C
Finance, Insurance, Real Estate, or Securities Brokerage Consumer Services	P	-	-	-	P	-
Fish, Meat and Poultry Markets	P	-	-	-	-	-
Fitness Center	P	P	-	-	P	-
Flex Space, Light Industrial	P	P	-	-	P	-
Gasoline Station	C	C	C	C	C	C
Governmental (Non-Municipal) Uses	P	P	P	P	P	P
Heavy Retail and Service	P	P	-	-	P	-
Heliport	-	-	-	P	-	-
Homeless Shelter	P	-	-	-	-	-
Hotels (See Section 41:4-6, Additional Standards)	P	-	-	P	P	-
Laundry Facility-Commercial/Wholesale	P	P	P	-	P	-
Live Animal Market	C	C	C	-	-	-
Manufacturing, Heavy	-	-	P	-	-	P
Manufacturing, Light	P	P	P	-	P	P
Manufacturing, Medium	-	P	P	-	-	P
Materials Salvage or Junk Facility	-	-	C	-	-	-
Medical Marijuana Alternative Treatment Center	C	-	-	-	-	-
Medical Marijuana Safety Compliance Facility	C	C	C	-	-	-
Medical Marijuana Manufacturing Facility	C	C	C	-	-	-
Medical Marijuana Cultivation Facility	C	C	C	-	-	-
Methadone Maintenance Clinic	C	-	-	-	-	-
Municipal Uses	P	P	P	P	P	P
Nightclubs, Discotheques & Cabarets	P	P	-	-	P	-
Operation Facilities for Bus/Taxicab/Ambulance/Limousine	P	P	P	P	P	-
Outdoor Storage	-	-	C	-	-	P
Outdoor Storage, Chemical	-	-	C	-	-	P
Parking Garage, Commercial Vehicle	-	P	P	-	P	-
Places of Worship	C	-	-	-	-	-
Power Generation Facilities	-	-	C	-	-	-
Recycling Center	-	C	C	-	-	-
Research and Development	P	P	P	-	P	-
Self Storage	P	P	-	-	-	-
Sexually Oriented Businesses	-	C	-	-	-	-
Shipping Container Storage (see Section 41:22)	P	P	P	P	P	P
Sit-Down Restaurant	P	-	-	-	-	-
Solar Energy System	P	P	P	P	P	P
Substance Abuse Treatment Centers	C	-	-	-	-	-
Take-Out Restaurant	P	-	-	-	-	-
Telephone Switching Facility	P	P	P	-	P	-
Truck Terminal	-	C	C	-	-	-
Truck, Tractor, Trailer, and Heavy Vehicle Parking or Storage	-	C	C	C	-	C
Vehicle Towing Facility	-	P	P	-	P	-
Veterinary Clinic or Office	P	-	-	-	-	-
Veterinary Hospital	P	-	-	-	-	-
Warehousing, Cold Storage	-	C	C	C	C	C
Warehousing, Distribution (aka Bulk Break)	-	C	C	C	C	C
Warehousing, High Cube	-	-	C	C	-	C
Warehousing, Last-Mile Fulfillment	-	-	C	C	-	C
Warehousing, Micro-Fulfillment	C	C	C	C	C	C
Warehousing, Traditional	C	C	C	C	C	C
Waste Transfer Station	-	-	-	-	-	-
Wholesale Bakeries	P	P	P	-	P	-
Wholesale Trade	P	P	P	P	P	P
Accessory Uses
Automotive Lifts (see Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Childcare Center	P	-	-	-	P	-
Commercial, Industrial Truck and Bus Wash	-	C	C	-	C	-
Composting (see Section 41:4-6, Additional Standards)	P	P	P	P	P	P
Parking Area, Private	P	P	P	P	P	P
Donation Bin (See Section 41:4-6, Additional Standards)	P	P	P	-	P	-
Drive-Through Facilities	C	-	-	-	C	C
Emergency Food Distribution Center, Food Pantry, Soup Kitchen	P	-	-	-	-	-
Offices	P	P	P	P	P	P
Outdoor Display Area	P	P	P	P	P	P
Outdoor Storage	C	C	C	C	C	C
Outdoor Storage, Chemical	-	C	C	C	C	C
Outdoor Storage, Portable Storage Units	C	C	C	C	C	C
Parking, Structured	P	P	P	P	P	P
Power Plant	-	-	C	-	-	-
Solar Energy Systems	P	P	P	P	P	P
Wind Energy Systems, Small	C	C	C	C	C	C

§ 41:4-4 Permitted Uses in Other Districts.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

Table 4-4: Other Districts
P = Permitted - = Not Permitted C = Conditionally Permitted
Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted.
	INST	PARK	CEM
Principal Uses
Single-Family Dwelling	-	-	-
Two-Family Dwelling	-	-	-
Three-Family Dwelling	-	-	-
Town House, Dwelling	P	-	-
Low-Rise Multi-Family Dwellings	P	-	-
Mid-Rise Multi-Family Dwellings	P	-	-
High-Rise Multi-Family Dwellings	P	-	-
Single Room Occupancy Dwellings	P	-	-
Dwellings in a mixed-use building	P	-	-
Active Recreation Park	P	P	-
Animal Cafe	-	-	-
Animal Daycare, Animal Grooming	-	-	-
Artisan and Craft Workspace	P	-	-
Bar/Lounge, Cigar or Hookah (See Section 41:4-6, Additional Standards)	-	-	-
Body Art Studio	-	-	-
Brewery, Limited	-	-	-
Brewery, Restricted	-	-	-
Business, Specialized or Vocational Schools	P	-	-
Cannabis Delivery	C	-	-
Cannabis Retailer	C	-	-
Cemeteries	-	-	P
Child Care/Adult Daycare Center	P	-	-
Colleges and Universities	P	-	-
Commercial Antennas & Microwave Dishes, Building Mounted	C	-	-
Commercial Antennas & Microwave Dishes, Collocation	P
Commercial Recreation, Large Scale	P	-	-
Commercial Recreation, Small Scale	P	-	-
Community Centers	P	P	-
Community Gardens	P	P	-
Consumer Repair Services	P	-	-
Convenience Retail	P	-	-
Co-Working, Incubator, or Shared Office	P	-	-
Dormitory	P	-	-
Dry Cleaning and Laundry Pick-Up/Drop-Off Establishment without on-site dry cleaning	P	-	-
Emergency Food Distribution Center, Food Pantry & Soup Kitchen	P	-	-
Event Space	P	-	-
Fitness Center	P	-	-
Fresh Food Market	P	-	-
Funeral Home or Mortuary	-	-	P
Governmental (Non-Municipal) Uses	P	P	P
Homeless Shelter	C	-	-
Hotels (See Section 41:4-6, Additional Standards)	P	-	-
Human Crematorium	-	-	P
Hybrid/Flexible Businesses or Uses (Comprising any combination of permitted uses)	P	-	-
Laundromat	P	-	-
Live-Work Space (Non-Nuisance Producing)	P	-	-
Makers Space	P	-	-
Market Gardens	P	P	-
Medical Clinic or Emergency Care Facility	P	-	-
Medical Marijuana Alternative Treatment Center	C	-	-
Medical Marijuana Safety Compliance Facility	C	-	-
Medical Offices	P	-	-
Municipal Uses	P	P	P
Museums	P	-	-
Offices	P	-	-
Passive Recreation Park	P	P	P
Personal Service Establishment	P	-	-
Places of Worship	C	-	C
Primary & Secondary Schools	C	-	-
Research and Development	P	-	-
Retail Sales, General Consumer Goods	P	-	-
Shared Kitchen	P	-	-
Sit-Down Restaurant	P	-	-
Take-Out Restaurant	P	-	-
Theaters	P	-	-
Accessory Uses
Automotive Lifts (See Section 41:4-6, Additional Standards)	P	-	-
Child Care/Adult Daycare Center	P	-	-
Coldframe	P	P	-
Columbarium	-	-	P
Composting (See Section 41:4-6, Additional Standards)	P	P	-
Crematorium (Animal or Human)	-	-	C
Donation Bin (See Section 41:4-6, Additional Standards)	P	-	-
Emergency Food Distribution Center, Food Pantry, Soup Kitchen	P	-	-
Farm Stand	P	P	-
Greenhouse	P	P	-
Home Occupation (See Section 41:4-6, Additional Standards)	P	-	-
Hoophouse	P	P	-
Indoor Cannabis Consumption Area with Licensed Cannabis Retailer	P	-	-
Maintenance Buildings	P	P	P
Massage Facilities	C	-	-
Mausoleum	-	-	P
Offices	P	P	P
Outdoor Storage, Portable Storage Units	P	-	P
Parking, Structured	P	-	-
Place of Worship	-	-	P
Sidewalk Cafe (accessory to permitted restaurant only, see Section 41:4-6, Additional Standards)	P	-	-
Solar Energy Systems	P	P	P
Tombstones and Monuments	-	-	P
Wind Energy Systems, Small	C	C	C

§ 41:4-5 Nonconforming Uses.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

§ 41:4-5-1 Continuation.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

Any lawful nonconforming use or structure existing on the effective date of the zoning ordinance, or at the time of the effective date of any amendment or supplement thereto making it a nonconforming use or structure, may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof, in accordance with this Title, except that any lawful nonconforming use subject to condition or conditions or limitation as to term of duration, shall continue subject to any condition or conditions, and only for and to the end of the term or duration for which such nonconforming use was granted.

§ 41:4-5-2 Variance Provisions.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

No existing building or premises devoted to a nonconforming use as permitted by this Title, shall be enlarged, extended, reconstructed or structurally altered, unless a variance for such expansion has been granted by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(2).

§ 41:4-5-3 Discontinued Use.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

No nonconforming use which shall have been discontinued for a period exceeding 12 months shall be resumed, nor shall it be replaced by any other nonconforming use.

§ 41:4-5-4 Partial Destruction.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Partial destruction shall be defined as damage to a building, structure or property such that at least 50% of the structure remains as calculated either by area, volume, or value.

2. In the event of a partial destruction, of a structure devoted to a nonconforming use, the owner shall, within 90 days after such event, give notice in writing to the Uniform Construction Code Official of his/her intention to restore or repair the structure, and within 90 days after date of notice, commence and diligently proceed to the completion of the work.

§ 41:4-5-5 Provisions Concerning Definitions.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

In the construction of any definition in this Title, in its application to a nonconforming use, the definition shall be deemed a clarification of the applicable definition heretofore contained in any preexisting ordinance.

§ 41:4-5-6 Exceptions.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

Non-conforming one-, two-, and three-family residential structures shall be permitted to continue in any zone. Any expansion or modification of such use that can be undertaken in conformance with the applicable bulk standards shall be permitted without variance relief. Any expansion not in conformance with zoning requirements shall be considered an expansion of a non-conforming use.

§ 41:4-6 Additional Standards.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

The following standards shall apply to certain permitted uses and buildings as indicated. Each of the standards enumerated in this section shall be considered a zoning requirement. Deviations from these standards shall require variance relief pursuant to N.J.S.A. 40:55D-70.c.

§ 41:4-6-1 Automotive Lifts.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. General Automotive Lift Standards.

a. Automotive lifts shall be used only as expressly provided in this section and as part of an approved site plan.

b. Automotive lifts shall comply with the applicable automotive lift requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23).

c. The applicant shall certify that any permitted automotive lift shall comply with the most current ANSI/ALI ALOIM "Safety Requirements for the Operation, Inspection, and Maintenance of Automotive Lifts" and provide a plan for ongoing operation, inspection and maintenance.

d. Automotive lifts shall comply with noise limitations set forth in Title XX, Chapter 20:3 of the Revised General Ordinances of the City of Newark, known as the "Noise Control Ordinance of the City of Newark."

e. Automotive lifts shall be exempt from the parking dimension requirements of Chapter 41:8, Requirements for Off Street Parking and Loading Areas.

2. Usage Standards.

a. Automotive lift usage in residential buildings or mixed-use buildings with a residential component.

i. Automotive lifts shall not be permitted in in conjunction with any exclusively residential building or mixed-use building with a residential component containing six or fewer residential dwelling units.

ii. Exterior automotive lifts shall not be permitted as part of any development that contains residential units.

b. Automotive lift usage in non-residential buildings or nonresidential use in mixed-use buildings.

i. Automotive lifts may be in used in conjunction with permitted non-residential buildings for any parking required or permitted in the building or at the site.

ii. Exterior automotive lifts shall only be permitted in the I-1, I-2, I-3, EWR, EWR-S, PORT, and INST Districts.

c. Exterior automotive lifts shall be operated only by a valet or an attendant employed by the owner or tenant of the building/facility.

d. Interior automotive lifts shall be permitted to be operated without a valet using a mobile app, kiosk, or other similar device. Where a valet or attendant is not present at all times, an emergency back-up power system shall be provided, and a service contact shall be available 24/7.

e. Where permitted, automotive lifts proposed to serve any use in a historic district shall only be located within a fully enclosed building.

3. Exterior parking lifts shall not exceed 24 feet in height.

§ 41:4-6-2 Cemeteries.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Within a cemetery, the following activities, structures, and buildings shall be permitted:

a. Internment of the dead and related activities associated therewith.

b. Places of worship as an accessory use.

c. An office strictly related to activities of the cemetery or a residence to be used exclusively for an employee involved in caretaking, security or other activities of the cemetery.

d. Erection of tombstones and monuments.

e. Accessory maintenance buildings related to the operation of the cemetery not to exceed a height of 20 feet.

f. Mausoleums and columbaria subject to the following requirements:

i. There shall be only one mausoleum and one columbarium per cemetery;

ii. Family mausoleums shall not be limited in number.

iii. All mausoleums and columbaria must be constructed in accordance with the requirements of Federal, State and local building codes, including fire prevention and health codes.

iv. No mausoleum or columbarium shall be constructed without written approval from the New Jersey Department of Community Affairs of plans and specifications and without a building permit from the City Construction Official.

g. Crematories are subject to the conditional use requirements at Section 41:6-2-22.

2. All permanent structures in a cemetery shall adhere to the following area and bulk restrictions:

a. Maximum height: 20 feet.

b. Minimum front yard setback: 30 feet.

c. Minimum side yard setback: 15 feet.

d. Minimum rear yard setback: 30 feet.

§ 41:4-6-3 Cigar Bars/Lounge and Cigar/Tobacco/Vape Retail Establishments.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Cigar bars and cigar lounges are regulated pursuant to N.J.S.A. 26:3D-55 et seq., "New Jersey Smoke-Free Air Act" and N.J.A.C. 8:6 et seq. which states that smoking is prohibited in an indoor public place or workplace including cigar bars and cigar lounges.

2. A cigar bar or cigar lounge is exempt from the provisions of the New Jersey Smoke Free Air Act if the following conditions are met:

a. The cigar bar or cigar lounge in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines; and

b. The cigar bar or cigar lounge is registered with the local Board of Health in the City of Newark in which the bar or lounge is located. The registration shall remain in effect for one year and shall be renewable only if:

i. In the preceding calendar year, the cigar bar or lounge generated 15 or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and

ii. The cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004.

§ 41:4-6-4 Commercial Antennas and Microwave Dishes - Collocation.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. An application to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan review provided the application meets the following requirements:

a. The wireless communications support structure (either building-mounted or free-standing) shall have been previously granted all necessary approvals by the city;

b. The proposed colocation shall not increase:

i. The overall height of the wireless communications support structure by more than 10' of the original height of the wireless communications support structure.

ii. The width of the wireless communications support structure.

iii. The square footage of an existing equipment compound to an area greater than 2,500 square feet.

c. The proposed collocation complies with the final approval of the wireless communications support structure and all conditions attached thereto, including the integrity of any screening or camouflaging measures, and does not create a condition for which variance relief would be required.

§ 41:4-6-5 Composting (Accessory Use).

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. No compost area may exceed five cubic yards in size. Any compost area must be placed at least three feet from any property line.

2. Organic waste must be generated on site.

3. All compost must be used on site.

4. Compost and raw materials shall not produce odor or attract mosquitos.

5. A rat, insect, rodent, bird and/or pest control such as screening or netting must be provided.

6. Surface water control to prevent composting materials from sitting in ponded surface water must be provided.

7. Compost must be turned at regular intervals to aid in physical breakdown until composting is complete.

8. Compost material shall not contain sewage.

§ 41:4-6-6 Donation Bin (Accessory Use).

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

The placement and/or use of a clothing bin shall be regulated, and the use and location of bins shall be subject to the following requirements:

1. Donation bins shall only be located in nonresidential zoning districts. Exempt from this requirement shall be fire departments or divisions, first aid rescue squads, houses of worship, many of which are located in residential zones, provided that no clothing bin located on any fire, first aid squad facility, place of worship or school property shall be closer than 250 feet from an adjacent residential dwelling.

2. Donation bins shall not be in the public right-of-way.

3. The location of donation bins on real property shall be consistent with any existing site plan approval for the premises. If it is not, the applicant shall be required to obtain a waiver of site plan approval. If a site plan waiver is not obtained, then the applicant shall apply for a revised site plan to the appropriate Land Use Board.

4. No more than two receptacles shall be located within any complex.

5. Each donation bin shall not exceed six feet in depth, eight feet in width and six feet in height.

6. The clothing bin shall be located in such a manner that it will not interfere with pedestrian and/or vehicular traffic circulation or otherwise cause a traffic hazard by virtue of any obstruction that it may create by its placement.

7. The receptacles shall be located in a clearly visible and well-lighted area to permit inspection and enforcement.

8. The donation bin may be placed in parking stalls only if the site exceeds its minimum parking requirement.

9. No donation bin shall be placed in a required buffer area or within three feet of a property line, or in a sight triangle or fire zone.

10. No donation bin shall be placed in a parking space designated as handicapped parking or for EVSE.

11. No clothes shall be stored outside the donation bin.

12. The person placing, using or employing a donation bin shall maintain the bin and the area surrounding the bin such that there shall be no accumulation of clothing or other donations outside the bin.

13. The bin shall be emptied no less than once a week and the area immediately surrounding shall be maintained in a clean and sanitary condition, and the clothing bin should remain in good working order and painted.

§ 41:4-6-7 Family Day Care Home.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. The use shall be registered with the New Jersey Department of Children and Families as a family day care home and for which a certificate of registration has been issued pursuant to the "Family Day Care Provider Registration Act, "P.L. 1987, c. 27 (C.30:5B- 16 et seq.). The facility shall be in compliance with all State and City regulations including Chapter 126, Manual of Requirements for Family Child Care Registration (N.J.A.C. 10:126-1 et seq.) issued by the State of New Jersey Department of Children and Families.

2. The family day care provider shall be a resident of the home in which the service is to be provided.

3. There shall be no change in the appearance of the dwelling or premises, or any visible evidence of the conduct of a family day care home.

4. There shall be no storage of equipment, vehicles or supplies associated with the family day care home outside the dwelling.

§ 41:4-6-8 Home Occupations.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Home occupations shall be conducted entirely within the principal dwelling unit or an accessory structure.

2. A maximum of one home occupation shall be permitted per dwelling unit.

3. The area of the principal structure associated with the operation of a home occupation shall not exceed 20% of the gross floor area of the dwelling unit.

4. Applicants for home occupation zoning permits shall be the owner of the property or a tenant resident with notarized consent of the property owner to make the application.

5. A maximum of one employee, who does not reside at the property, shall be permitted to work at the home occupation location.

6. Any vehicle associated with the operation of a home occupation shall have a designated on-site parking space in a driveway or garage.

7. No truck deliveries or pick-ups, except for public or private parcel services (i.e. USPS, UPS, FedEx) shall be permitted.

8. A home occupation shall not produce noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, glare, humidity, fumes, electrical interference, waste run-off, or other nuisance outside the dwelling unit or accessory structure.

9. No outdoor storage of goods or material shall be permitted.

10. There shall be no change in the appearance of the dwelling or premises, or any visible evidence of the conduct of a home occupation including any artificial light.

11. Plans with sufficient detail to confirm compliance with the standards herein shall be submitted for review by the Administrative Officer.

§ 41:4-6-9 Hotels.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. A hotel shall not be a permanent or primary residence for its users.

2. A hotel shall not contain a self-service guest laundry.

3. Minimum rental period for each non-meeting room shall be 24 hours, maximum period shall be 11 months.

4. All rooms shall only have access by way of a common lobby and hallway. There can be no direct access to a room from a parking space by way of an outside doorway at the room or direct access to a garage. "Motels" or "motor hotels" shall not be permitted.

5. Outdoor recreational facilities such as swimming pools and tennis courts may be permitted but shall be no closer than 25 feet to the property boundary of a residential use or residential zone boundary, and shall comply with Section 41:16-3, Buffer Areas.

6. No outdoor public address or music system shall be used.

§ 41:4-6-10 Pet Shops.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Applicants wishing to operate a pet store shall obtain a license from the City of Newark pursuant to Title VI Animals and Fowl, Chapter 6:2 Other Animals, Fowl, Article 2 Bird Stores or Pet Shops, of the Revised General Ordinances of the City of Newark.

2. Applicants shall comply with the applicable requirements of N.J.A.C. 8:23A-1.1 et seq. Sanitary Operation of Kennels, Pet Shops, Shelters and Pounds.

§ 41:4-6-11 Private Clubs.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Applicants wishing to operate a social club shall obtain a license from the City of Newark and operate and maintain the social club in accordance with the regulations of Title V, Amusements and Amusement Businesses, Chapter 5:12 Social Clubs, of the Revised General Ordinances of the City of Newark.

2. Motorcycle clubs shall designate an area where motorcycles shall be parked. All motorcycles shall be parked onsite. All activities shall be internal to the building.

§ 41:4-6-12 Sidewalk Cafes.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Eating and drinking establishments wishing to operate an accessory sidewalk cafe shall obtain a license from the City of Newark and operate and maintain the sidewalk cafe in accordance with the regulations of Title XXIX Streets and Sidewalks, Chapter 29:26 Sidewalk Cafes, of the Revised General Ordinances of the City of Newark.

2. No outdoor public address or outdoor music system shall be used.

§ 41:4-6-13 Urban Farms.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. Urban farms must provide a water source from on-site or off-site source.

2. Green houses and hoop houses shall not exceed 15 feet in height and shall be located at least three feet from side and rear property lines.

3. Equipment used for farming and selling shall be kept in enclosed structures.

4. The only animals permitted to live on-site is fowl and rabbits, except for roosters and any animals that make sounds. No fowl or rabbits shall be allowed, under any circumstances, to run at large. They shall be kept confined in a suitable house or coop with an enclosed runway.

5. Compost may be collected on site and may be sold or given away to the public on-site.

6. A 10 square foot sign is permitted to be attached to a building, wall or a fence.

§ 41:4-6-14 Short Term Rental.

[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]

1. The person offering a dwelling unit for short-term rental use must be the owner of the dwelling unit in which the short-term rental activity occurs.

2. All short term rentals must comply with all applicable rules, regulations, and ordinances of the City of Newark and all applicable rules, regulations, and statutes of the State of New Jersey, including regulations governing such lodging uses, as applicable.

3. Any unit to be used for short-term rentals shall obtain a Short-Term Rental Permit and rental Certificate of Occupancy from the City of Newark, Department of Engineering before renting or advertising for rent any short-term rental property.

4. Any unit to be used for short-term rentals shall be registered on an annual basis with the City and shall be required to submit proof of current homeowners' or renters' insurance, as applicable, and a satisfactory inspection report from the Department of Engineering, Office of Code Enforcement certifying that the unit is substantially compliant with State and Municipal fire safety regulations and applicable standards of habitability. The Inspection certificate shall be framed and prominently displayed within the unit on or shall be framed and prominently displayed within the unit on or near the entrance door. Short-term rentals shall not be permitted in a unit with outstanding building code and/or fire code violations.

5. The Department of Engineering, Office of Code Enforcement shall develop a fee schedule for the registration and inspection certification of a unit to be used for short-term rentals. This fee shall be applied to the cost of inspection and administration of the City database of short-term rental units.

6. Any unit used for short-term rentals shall be subject to the applicable City and State lodging and occupancy taxes.

7. No unit shall be rented for more than a cumulative total of 60 days in any one calendar year. This maximum shall be in addition to the restriction of short-term rental stays for no more than 28 consecutive days at any one time.

8. No individual or legal entity shall be permitted to rent more than five units as short-term rentals at any one time.

9. Short-term rental agreements for rent controlled units must be in compliance with the standards and regulations required under the Rent Control ordinance of the City of Newark.

10. Units owned, managed and operated by the City of Newark Housing Authority may not be used for short-term rentals. Tenants receiving U.S. Department of Housing and Urban Development ("HUD") housing vouchers may not engage in short-term rentals.