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AN ORDINANCE AMENDING TITLE XLI, ZONING AND LAND USE REGULATIONS, SECTION 4, PERMITTED USES BY DISTRICT, SECTION 5, BUILDING BULK AND DESIGN STANDARDS, AND SECTION 7, OFF-STREET PARKING AND LOADING, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING SECTION 17, STORM DRAINAGE AND SECTION 23, STREET DESIGNATION.
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WHEREAS, the Newark Central Planning Board (the “Central Planning Board”) adopted the Newark360 Master Plan and Land Use Element (“Newark360”) at a duly noticed Public Hearing on September 26, 2022; and
WHEREAS, Newark360 was the culmination of a multi-year planning and public outreach process during which in-person and virtual meetings were conducted throughout the City and during which input was received from thousands of residents and stakeholders; and
WHEREAS, the Municipal Land Use Law, N.J.S.A. 40:55D-62 provides municipalities with the power to adopt or amend zoning ordinances; and
WHEREAS, such zoning ordinances shall be adopted after the Central Planning Board adopts a master plan land use element and housing plan element and all the provisions of the zoning ordinance shall be either substantially consistent with the elements or designed to effectuate the elements; and
WHEREAS, on November 1, 2023, the Municipal Council adopted comprehensive amendments to Title XLI of the Municipal Code of the City of Newark (Zoning and Land Use Regulations) to replace the former Ordinance as a continuation of the Newark360 process and designed to effectuate the policy statements and recommendations contained therein; and
WHEREAS, after working with the new Ordinance amendments for several months, it has been determined that it will be beneficial to the City to modify several of the amended standards to continue to encourage beneficial development within the City; and
WHEREAS, the Department of Economic and Housing Development proposed an amendment to Sections 4, 5 and 7 and proposed new Sections 17 and 23 to Title XLI of the Municipal Code of the City of Newark (Zoning and Land Use Regulations) as shown in Exhibit A, B and C.
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-64, sought the recommendations of the Central Planning Board relative to these issues; and
WHEREAS, the Central Planning Board, at its August 12, 2024, Special Meeting, confirmed that the proposed amendment is substantially consistent with the City’s Master Plan, as well as its goals and objectives related to sustainable economic development, in accordance with the provisions of N.J.S.A. 40:55D-62.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK THAT:
Section 1: Title XLI of the Municipal Code of the City of Newark entitled “Zoning and Land Use Regulations” is hereby amended as shown in Exhibit A, B and C.
Section 2: This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
Section 3: The provisions of this Ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this Ordinance shall be declared invalid, illegal, or unconstitutional, the remaining provisions shall continue in full force and effect.
SECTION 4. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends the Newark Zoning and Land Use Regulations by amending Section 4: Permitted Uses by District, Section 5: Building Bulk and Design Standards, Section 7: Off-Street Parking and Loading, and adding two (2) new sections, Section 17: Storm Drainage and Section 23: Street Designation.