Newark Municipal Code § 17.09.030 Development standards

The specific purposes of the employment districts are to:

A. Designate adequate land for businesses, professional offices, and industrial growth consistent with the general plan to maintain and strengthen the city's economic resources;

B. Provide a range of employment opportunities to meet the needs of current and future residents; and

C. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses and protect areas where such uses now exist.

Additional purposes of each employment district are as follows:

PO professional office. This district reserves area for local-serving professional and administrative office uses such as finance, insurance, and real estate businesses, legal and other professional services, banks, personal services, business support activities, and dental and medical services. These uses may form a transition between retail and residential uses, or a buffer between arterial streets and residential areas. Residential uses are only permitted as a component of a planned development. This district implements the office commercial general plan land use designation.

BTP business and technology park. This district provides locations for advanced technology research and development, manufacturing, and related support facilities in large or campus-like environments with high quality building design, landscaping, and aesthetic amenities, including business parks, industrial parks, technology parks, and other master planned industrial subdivisions. Complementary uses which support the employee population, such as hotels, restaurants, office buildings, childcare facilities, and business services are allowed. This district implements the special industrial general plan land use designation.

LI limited industrial. This district is intended to meet the needs of a variety of light industrial and commercial service uses. It serves as a transition between heavier industrial activities and residential neighborhoods. Typical uses include light manufacturing, warehousing, auto repair, and general services. Limited office, recreation, assembly, and retail uses are allowed where appropriate in a light industrial setting. This district implements the limited industrial general plan land use designation.

GI general industrial. This district is intended to accommodate the broadest range of industrial uses. It includes industrial buildings and complexes, distribution, warehouses, manufacturing and assembly, and other uses that are often characterized by outdoor storage, noise, odors, hazardous materials handling, and heavy truck activity. Non-industrial uses such as retail stores, free-standing office buildings, and assembly uses are not allowed. This district implements the general industrial general plan land use designation.

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

Table 17.09.020, Land Use Regulations-Employment Districts, prescribes the land use regulations for employment 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 17.09.020: LAND USE REGULATIONS-EMPLOYMENT 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)

Table 17.09.030, Development Standards-Employment Districts, prescribes the development standards for employment districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this title.

TABLE 17.09.030: DEVELOPMENT STANDARDS-EMPLOYMENT DISTRICTS

Additional Development Standards.

A. BTP District: Setbacks for Loading Dock Areas. In the BTP district, loading docks shall be set back a minimum of one hundred fifty feet from an arterial street unless an alternative noise barrier wall is approved through design review.

B. GI District: Maximum Height. In the GI district, maximum height is as follows:

1. Within four hundred feet of a residential district boundary: One hundred feet.

2. More than four hundred feet but less than six hundred feet from a residential district boundary: One hundred fifty feet.

3. More than six hundred feet but less than one thousand feet from a residential district boundary: Two hundred feet.

4. One thousand feet or more from a residential district boundary: Five hundred feet or as approved through a conditional use permit.

[Figure: FIGURE 17.09.030.B: GI DISTRICT: MAXIMUM HEIGHT]

FIGURE 17.09.030.B: GI DISTRICT: MAXIMUM HEIGHT

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

A. Hazards and Hazardous Materials.

1. Occupancy Classification. Groups H-1 and H-2 occupancy, as defined in the building code, shall not exceed fifty percent of the total building floor area on any site.

2. Hazardous Materials. The direct use of hazardous materials in fabrication shall not exceed thirty-five percent of the total building floor area on any site.

B. Business, Technology, and Office Parks. Business, technology, and office parks containing eighty thousand square feet or more of floor area shall provide the following:

1. Open space areas equal to ten percent of the site area that provide gathering space or opportunities for active or passive recreation. Open space areas shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.

2. Pedestrian walkways that connect all parts of the park, and connect to any existing or planned pedestrian facilities in adjacent neighborhoods.

3. Stormwater detention facilities incorporated into the site landscaping as a visual amenity.

4. A lighting, landscaping, and signage design concept for common areas.

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

1. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least thirty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than thirty feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

a. Reduction through Conditional Use Permit. The building transparency requirement may be reduced or waived through design review upon finding that:

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

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

[Figure: FIGURE 17.09.040.C.1: BUILDING TRANSPARENCY/REQUIRED OPENINGS, PO DISTRICT]

FIGURE 17.09.040.C.1: BUILDING TRANSPARENCY/REQUIRED OPENINGS, PO DISTRICT

2. Parking Location. In the PO district, parking shall be located at the side or rear of buildings wherever possible.

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

1. Building Construction. Buildings shall be of new construction, and modular offices, relocated or prefabricated metal wall buildings shall not be permitted, except for temporary construction office trailers pursuant to Section 17.26.260, Temporary Uses.

2. Landscape Buffer. The following landscape buffers shall be provided unless the director finds a different landscape buffer requirement is adequate to provide an appropriate transition between the parking area or other use of the site and the right-of-way.

a. Landscaped Setback between Parking Area and Right-of-Way. A landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.

[Figure: FIGURE 17.09.040.D.2.A: LANDSCAPED SETBACK BETWEEN PARKING AREA AND RIGHT-OF-WAY]

FIGURE 17.09.040.D.2.A: LANDSCAPED SETBACK BETWEEN PARKING AREA AND RIGHT-OF-WAY

b. Landscape Buffer Adjacent to Wide Right-of-Way. The first fifty feet of any site depth contiguous to any existing or proposed right-of-way exceeding one hundred feet in width shall be landscaped and shall not be used for off-street parking and loading.

3. Truck Docks, Loading, and Service Areas, BTP District. In the BTP district, truck docks, loading, and service areas shall be set back a minimum of one hundred fifty feet from an arterial.

4. Public Art Plan. In the BTP district, a public art plan may be provided for city council review and approval to assure that the intent of Resolution No. 6582 "Resolution of the City Council of the City of Newark adopting a policy for providing art in public places and private development" is met. The plan shall provide for high quality architecture and for the provision of public art at locations that are of critical aesthetic concern to the city (i.e., gateways and major arterials).

E. Additional Supplemental Regulations, LI and GI Districts. In the LI and GI Districts, a landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.

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