[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-C, 1-9-19. Amendments noted where
applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
For the purpose of limiting and restricting to specified districts,
and regulating therein buildings and structures according to their
construction and the nature and extent of their use, and the nature
and extent of the use of land, and to regulate and restrict the height,
number of stories, and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population, and the location
and use and extent of use of buildings and structures and land, for
trade, industry, residence or other purposes excluding municipally
owned and operated or municipally operated buildings and related premises
used for governmental purposes, the City of Newark is hereby divided
into districts, of which there shall be 22 in number, as more specifically
set forth in the Zoning Maps which can be found in Appendix 41:A2:
R-1
Detached Single-Family Residential
R-2
One- to Three-Family Residential
R-3
One- to Four-Family and Town House Residential
R-4
Low-Rise Multifamily Residential
R-5
Mid-Rise Multifamily Residential
R-6
High-Rise Multifamily Residential
C-1
Neighborhood Commercial and Residential
C-2
Community Commercial and Residential
C-3
Regional Commercial
I-1
Light Industrial
I-2
Medium Industrial
I-3
Heavy Industrial
MX-1
Mixed Use, Residential/Commercial
MX-2
Mixed Use, Residential/Commercial/Industrial
MX-3
Mixed Use, Residential/Commercial (High Density)
EWR
Airport
EWR-S
Airport Support
PORT
Port
INST
Institutional
PARK
Park
CEM
Cemetery
RDV/SD
Redevelopment Zones and Special Districts
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The boundaries of the districts set forth above shall be as
shown and delineated on the "Newark Zoning Maps," declared to be part
of this Chapter.
The Newark Zoning Maps may be found in Appendix 41:A2.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Where uncertainty exists with respect to the boundaries of the
various districts as shown on the map accompanying and made a part
of this Title, the following rules shall apply:
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Where the district boundaries are either streets or alleys,
unless otherwise shown, and where the districts designated on the
map accompanying and made a part of this Title are bounded approximately
by streets or alley lines, the center line of the street or alley
shall be construed to be the boundary of such district.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The district boundaries are, unless otherwise indicated, either
street lines or parcel lines. Where a parcel consolidated, subdivided,
or otherwise altered to be split between zoning districts, the portions
of the parcel in each zone shall be subject to the applicable controls.
Where uncertainty exists about the extent of the zone within a parcel,
the zoning officer shall make a determination as to the appropriate
location of the zone line.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Except as otherwise provided in this Title:
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
No building, structure or land shall be used for, nor shall
any building or structure be erected, converted, enlarged, reconstructed,
or structurally altered for any use which does not comply with all
district regulations established by this Title for the district in
which the building, structure, or land is located.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The yard regulations and the lot area per unit provisions required
by this Title shall be considered minimum regulations for each and
every building or structure existing on the effective date of the
zoning ordinance and for any building or structure thereafter erected
or structurally altered. No land required for yards, or lot area per
unit provisions for any building or structure hereafter erected or
structurally altered, shall be considered as a yard or for a lot area
for any other building or structure.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any indoor living space that could be converted to an additional
dwelling unit shall be considered as an additional dwelling unit for
all zoning, building, or land development regulation purposes. Such
an indoor space shall be defined as having 250 or more square feet
and having direct access to the structure's common stairwell,
hallway, or lot. Such spaces are typically labeled as recreation rooms,
storage rooms, home offices, dens, or a combination of such rooms.
If, however, this space contains the dwelling unit's only entranceway,
or consists of a dwelling unit's only living room, dining room,
or kitchen, it shall not be considered an additional dwelling unit.
If this space consists of a commercial or live/work area required
because it fronts on a commercial row or is proposed as permitted
commercial space, it shall not be considered an additional dwelling
unit.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Whenever lands or territory shall hereafter be acquired by annexation,
the lands or territory shall be deemed to be zoned as it was prior
to annexation in the municipality from which it was acquired.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any parcel of land that existed at the time of adoption of this
Ordinance[1] in the R-1, R-2, R-3, or R-4 Zone having an area or width
less than the minimum required for the smallest permitted building
type in the zone shall be considered an existing undersized residential
lot, if at the time of, and since the adoption of this Ordinance,
the owner did not own any adjoining property.
When a property qualifies as an existing undersized residential
lot, variance relief for insufficient lot width or lot area shall
not be required in the following circumstances:
In the R-1 Zone, a one-family building may be constructed without
need for variance relief on a qualifying undersized lot with an area
less than 5,000 square feet and/or a width less than 50 feet if all
zoning and bulk requirements other than lot area and lot width can
be met.
In the R-2, R-3, or R-4 Zone, a one- or two-family building may be
constructed without need for variance relief on a qualifying undersized
lot with an area less than 2,500 square feet and/or a width less than
25 feet if all zoning and bulk requirements other than lot area and
lot width can be met.