Title 17 - Zoning#

Chapter 17.01 - General Provisions#

17.01.010 - Title.#

Title 17 of the Newark Municipal Code shall be known and cited as the "Newark zoning ordinance," "zoning ordinance of the City of Newark," "zoning ordinance," or "ordinance."

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

17.01.020 - Authority.#

The Newark zoning ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

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

17.01.030 - Purpose.#

The purpose of this title is to implement the city's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this title is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B. Achieve the arrangement of land uses depicted in the Newark general plan, consistent with the goals and policies of the general plan.

C. Enhance the appearance of the city.

D. Preserve and enhance the quality of life and character of residential neighborhoods.

E. Promote economic growth and the creation of jobs.

F. Promote and support a multi-modal transportation system.

G. Facilitate the appropriate location of community facilities, institutions and parks and recreational areas.

H. Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

I. Define duties and powers of administrative bodies and officers responsible for implementation of this title.

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

17.01.040 - Relationship to general plan.#

This title implements the goals and policies of the Newark general plan by regulating the use of land and structures within the city. This title and the general plan shall be consistent with one another. Any permit, license or approval issued pursuant to this title must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this title and the general plan, the general plan shall prevail.

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

17.01.050 - Applicability.#

A. Applicability to Property. This title shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Newark and to property for which applications for annexation and/or subdivisions have been submitted to the City of Newark, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City of Newark or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Newark.

B. Minimum Requirements. The provisions of this title shall be minimum requirements for the promotion of the public health, safety, and general welfare.§ Where this title provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this title, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the Newark city council, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this title and any other city ordinance, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.§

E. Private Agreements. This title shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this title imposes greater restriction than imposed by an easement, covenant, or agreement, this title shall control. The City of Newark shall not be responsible for monitoring or enforcing private agreements.

F. Prior Ordinance. The provisions of this title supersede all prior zoning ordinances codified in Title 17 of the Newark Municipal Code and any amendments. No provision of this title shall validate any land use or structure established, constructed or maintained in violation of the prior zoning ordinance, unless such validation is specifically authorized by this title and is in conformance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Building Permit. Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the building code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the planning division.

2. Previously Approved Land Use Authorization. This zoning ordinance shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.

3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the planning division as complete for processing prior to the adoption of this title or any applicable amendment shall be processed according to the requirements of this zoning ordinance or the prior ordinance upon written request from the project applicant. The written request shall be made no later than thirty days after the effective date of this zoning ordinance and at least one action must be taken by the review authority within two hundred ten days of the effective date of this title.

H. Application During Local Emergency. The city council may authorize a deviation from a provision of this title during a local emergency declared and ratified under the Newark Municipal Code. The city council may authorize a deviation by resolution without notice or public hearing.

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

17.01.060 - Responsibility for administration.#

The zoning ordinance shall be administered by the Newark city council, planning commission, zoning administrator, and community development department as established in Chapter 17.30, Planning Authorities.

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

17.01.070 - Severability.#

If any section, subsection, paragraph, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Newark city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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

17.01.080 - Fees.#

The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

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