Newark Municipal Code § 17.08.030 Development standards

The specific purposes of the commercial and mixed use districts are to:

A. Provide for the orderly, well-planned, and balanced development of commercial and mixed-use districts;

B. Designate adequate land for a full range of local- and regional-serving retail and commercial services consistent with the general plan to maintain and strengthen the city's economic resources;

C. Provide appropriately located areas for a range of commercial uses that provide for a variety of good and services for residents, employees, and visitors;

D. Provide opportunities for a mix of complementary uses that may combine residential and non-residential uses or combine a variety of non-residential uses on the same site; and

E. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

Additional purposes of each commercial and mixed use district are as follows:

NC neighborhood commercial. This district is intended to provide areas for smaller-scale neighborhood shopping centers which provide goods, services, and businesses to meet the day-to-day needs of surrounding residential neighborhoods. These areas should be developed and maintained to provide convenient, walkable shopping destinations for nearby residents. This district implements the neighborhood commercial general plan land use designation.

CMU commercial mixed use. This district is intended to support a combination of office, residential, and retail uses, with an emphasis on specialty commercial uses such as antique stores, boutiques, galleries, cafes, and restaurants. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level retail shops or services. This district implements the commercial mixed use general plan land use designation.

CR commercial retail. This district is intended to support a pedestrian-oriented retail environment that encourages pedestrian activity. This district provides a variety of uses including, but not limited to, grocery, personal service, neighborhood serving retail, and entertainment. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Parcels may include multiple land uses as individual buildings or within each building. This district implements the community commercial general plan land use designation.

CC community commercial. This district provides locations for services and businesses which meet the comparison shopping needs of the city's residents and workers. Such centers may include supermarkets, home improvement stores, variety stores, pharmacies, restaurants, and similar uses which serve the community. Larger-scale commercial uses such as hotels and office buildings are acceptable. Community commercial areas are generally not appropriate for residential use, although housing may be considered as a component of planned developments within these areas in the event a shopping center is reused. This district implements the community commercial general plan land use designation.

RC regional commercial. This district is intended to support the large scale shopping facilities. It includes a broad array of goods and services, including department stores, retail shops, restaurants, entertainment facilities, and similar uses which draw patrons from throughout Newark and the surrounding region. Uses such as hotels and corporate office buildings are acceptable. Housing at densities greater than thirty units per acre may be included if such housing is a component of a planned development which is primarily oriented around regional retail uses. This district implements the regional commercial general plan land use designation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Table 17.08.020, Land Use Regulations-Commercial and Mixed Use Districts, prescribes the land use regulations for commercial and mixed use districts. Use classifications are defined in Chapter 17.45, Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.08.020: LAND USE REGULATIONS-COMMERCIAL AND MIXED USE DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019; Ord. No. 532, § 4(Exh. B), 10-14-2021)

Table 17.08.030, Development Standards-Commercial and Mixed Use Districts, prescribes the development standards for commercial and mixed use districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this title.

TABLE 17.08.030: DEVELOPMENT STANDARDS-COMMERCIAL AND MIXED USE DISTRICTS

Additional Development Standards.

A. Reserved.

B. Required Building Location, CMU District. The following building location requirements apply in the CMU district.

1. Build-to Line. Buildings shall be located within ten feet of street-facing property lines for at least sixty percent of the linear street frontage.

2. Corner Build Area. Buildings shall be located within ten feet of the property line within thirty feet of the street corner.

3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, outdoor dining/seating area, or with landscaping.

4. Exceptions. These requirements may be modified or waived through design review upon finding that:

a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or

b. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

[Figure: FIGURE 17.08.030.B: REQUIRED BUILDING LOCATION, CMU DISTRICT]

FIGURE 17.08.030.B: REQUIRED BUILDING LOCATION, CMU DISTRICT

C. Open Space. Where required, open space, unoccupied by main or accessory structures and open and unobstructed to the sky, shall be provided in accordance with the following standards:

1. Configuration. Required usable open space may consist of a single area or several adjacent or separate areas. All occupants shall have access to and use of one or more of such areas.

2. Type of Open Space. Required open space shall be provided as private or common open space.

a. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence.

b. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, tennis courts, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.

3. Minimum Dimensions.

a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

b. Common Open Space. Minimum dimension of twenty feet.

4. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

5. Location.

a. Required open space shall not be located in a required front or street side setback.

b. No portion of required open space shall be used for driveways of off-street parking and loading facilities or as access to more than one dwelling unit.

c. Open space may be located on the roof of buildings or required off-street parking facilities.

6. Accessibility.

a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other access way qualifying as an egress facility from a habitable room.

7. Screening. Required private open space shall be screened by a solid fence or visually solid fence not less than six feet in height when located at ground level and by a solid railing or visually solid railing not less than forty-two inches in height when located on a balcony or balconies.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

A. Minimum Dimensions of Leasable Area. Each individual lease space shall have a minimum width of thirty feet and a minimum depth of sixty feet. Modifications to these requirements may be granted where the review authority finds that site constraints are such that meeting the minimum leasable space dimensions is infeasible and the proposed leasable spaces are adequate to accommodate quality retail establishments.

B. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side lot line shall include windows, doors, or other openings for at least fifty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than thirty feet without an opening.

1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multi-level garages are not required to meet the ground-floor transparency requirement.

3. Reductions through Design Review. The building transparency requirement may be reduced or waived through design review upon finding that:

a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

[Figure: FIGURE 17.08.040.B: BUILDING TRANSPARENCY/REQUIRED OPENINGS]

FIGURE 17.08.040.B: BUILDING TRANSPARENCY/REQUIRED OPENINGS

C. Exterior Building Materials and Colors.

1. A unified palette of quality materials shall be used on all sides of buildings.

2. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through design review.

D. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, no more than one hundred twenty-five percent of the straight line distance.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk "bulb-outs" or bus "pull-outs" may be required at potential bus stops serving commercial centers (building floor area over twenty-five thousand square feet) to provide adequate waiting areas for transit users and safety for passing motorists.

5. Interior Pedestrian Walkway Design.

a. Walkways shall have a minimum clear unobstructed width of six feet, shall be hard-surfaced, and paved with permeable materials.

b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least twenty feet from an intersection curb return or pedestrian cross walk. New curb cuts shall not be permitted on Thornton Avenue, between the Union Pacific Railroad tracks and Olive Street, except in the case of interior lots or where sites are not accessible from any public right-of-way.

F. Additional Supplemental Regulations, CMU District. The following additional supplemental regulations apply in the CMU district:

1. Required ground floor commercial area shall be no less than fifteen percent of the gross lot area of the site.

2. Building Articulation. Any building with a dimension over one hundred twenty-five feet wide shall be broken down to read as a series of buildings no wider than one hundred twenty-five feet each.

3. Building Orientation.

a. Buildings shall be oriented to face public streets.

b. Building frontages shall be generally parallel to streets.

c. Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony and deck locations shall be directed away from window areas of adjoining residences (on-site or off-site).

4. Building Entrances.

a. The primary building entrance shall face a public sidewalk.

b. Building entrances shall be emphasized with special architectural and landscape treatments.

c. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.

d. All building and dwelling units located in the interior of a site shall have entrances from a sidewalk that is designed as an extension of the public sidewalk and connect to a public sidewalk.

[Figure: FIGURE 17.08.040.B.F.4: BUILDING ENTRANCES]

FIGURE 17.08.040.B.F.4: BUILDING ENTRANCES

5. Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever possible. Above ground parking may not be located within forty feet of a street facing property line. Exceptions may be granted through design review upon finding that:

a. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;

b. The site is small and constrained such that underground parking or surface parking located more than forty feet from the street frontage is not feasible.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)