Planning and Development Department

Rezonings (Municipal Code: Chapter 32)


Application Procedure


If you wish to use your property for a use not permitted by the Zoning Code in a particular District, you need a Rezoning. Applications for Rezonings are obtained in the Planning Department, where questions regarding regulations and procedures can be answered. Zoning Codes may be found on the City's website and Zoning maps may be purchased in the City Secretary's Office.

Rezoning applications should be submitted to the Director of the Planning Department and usually include:
  • A completed application form.
  • A copy of your property deed.
  • 25 copies of a property survey drawn by a professional engineer.
  • 25 copies of a development plan (may be combined with Item No. 3).
In addition, the Planning Director may request that other documents and materials be furnished by the petitioner to assist the Planning Commission and City Council in evaluating the land use decisions related to the proposed Rezoning. Please consult the Planning Department at 302-366-7030.

Review & Approval Process


The Planning Department and city staff evaluate the proposed rezoning in light of compatibility with the surrounding neighborhood, existing conditions in the area, long-range planning studies, the Zoning Code, traffic, and the city's capability to provide sewer, water and electric, and other services.

The application, development plan, and city staff evaluation are then forwarded to the Planning Commission and the Rezoning proposal is placed on the Commission's agenda. In preparation for the Commission hearing, all property owners within 300 feet of the property being considered for Rezoning are notified of the meeting by certified mail 10 days prior to the hearing.

Public Presentation


During the Planning Commission meeting, the applicant has an opportunity to make a public presentation of the Rezoning proposals, while adjacent owners have an opportunity to comment on the Rezoning. The Commission's recommendation is then forwarded to City Council.

In order to approve a Rezoning Ordinance, the proposal must receive two readings before City Council with a public hearing at the second reading, and receive a majority vote of all Council members. Adjacent property owners receive 15 days notice of the time and place of the public hearing. If Council approves the Rezoning Ordinance, the Official City Zoning Map is changed.

Note: If the owners of 20% or more of either the area included in the zoning change, or within 100 feet of the area should file a signed "protest" opposing the Rezoning, a three-fourths majority vote of Council (6 of 7 members) is necessary to approve the Rezoning Ordinance.

Rezoning application fees are governed by City Ordinance.

Annexations (Municipal Code: Chapter 32)


Application Procedures


The City Charter gives Council the power to annex any lands contiguous (at any point) to Newark's boundaries, whenever requested to do so by the owners of two-thirds or more of the area proposed to be annexed. Council approval is in the form of an Ordinance which provides for the Zoning and Municipal voting district of the annexed territory. There is no filing fee for Annexation petitions.

Information and forms for Annexations are available in the Planning Department. Annexation proposals should be submitted to the Department and must include:
  • A completed Annexation petition.
  • A copy of the property deed.
  • A cover letter.
  • Twenty-five copies of a site plan and location map.
The cover letter should be signed by all parties requesting Annexation, and state the petitioner's intended use of the land to be annexed. The site plan, drawn to scale, should show:
  • Existing city boundary and present county zoning of the area to be annexed.
  • Location of property owned by petitioner(s).
  • City zoning classification(s) desired by the petitioner for the land owned by him.
  • Location of the property contained in each proposed Zoning classification.
  • Layout of all existing and proposed buildings and adjacent land uses.
  • A data column comparing the proposed use with requirements of the City Zoning Code.

Other Documents


The Planning Director may request that other documents and materials be furnished by the petitioner to assist the Planning Commission and City Council in evaluating the land use decisions related to the proposed annexation.

This information may include some or all of the studies listed under re-zonings in this summary.

Review & Approval Process 


When all required documents have been received in the Planning Department, the Director and City staff review the petition and supporting materials and make recommendations regarding the proposal to the Planning Commission. Property owners within 100 feet of the subject property are notified of the proposal by certified mail 10 days prior to the scheduled Planning Commission hearing, at which time the petitioner may discuss and answer questions regarding the proposal. Usually the Planning Commission holds one hearing and forwards its recommendations to City Council.

In order to adopt an Annexation Ordinance, it must receive two readings before City Council with a public hearing at the second reading, and receive a majority vote of all Council members.

Adjacent property owners receive 15 days notice of the time and place of the public hearing. If Council approves the Annexation Ordinance, the Official Zoning Map is changed to include the annexation area.

Note: If the owners of 20% or more of either the area included in the Annexation or within 100 feet of the area file a "protest" opposing the Annexation, a three-fourths majority vote of Council (6 of 7 members) is necessary to approve the Annexation Ordinance.

Special Use Permits (Municipal Code: Chapter 32)


The Municipal Zoning Code regulates all land uses within each zoning district. Some uses, however, are permitted only if City Council reviews and issues a "Special Use Permit." These conditionally permitted uses are listed within each Zoning District category in the Zoning Code.

If you intend to use your property for a use which the Code lists as requiring a Special Use Permit, you should submit to the City Secretary's Office the following:
  • Completed application form.
  • Twenty-five copies of a plot plan of the property prepared by a registered engineer or surveyor, showing existing and proposed structures and the relationship of your plot to neighboring lots.
  • A letter of transmittal addressed to the Mayor and Members of Council containing statements discussing the use in terms of its effect on the health or safety of persons residing or working in the neighborhood of the proposed use; whether or not it is detrimental to the public welfare or injurious to property or improvements in the neighborhood; and whether or not it conflicts with the purposes of the Comprehensive Development Plan of the City.
Application forms are available in the City Secretary's Office and the Planning Department. Please consult with the Planning Department for guidance in preparing the necessary documents. The Planning Department and City staff will then review the plot plan and supporting materials and make recommendations to City Council.

Public Hearing & Permit Approval


Your Special Use Permit application will be advertised and a public hearing scheduled before City Council within one month of your filing date. Council may grant approval, approval with conditions, or deny the application. If approval is granted, you may apply for Building Permits if needed.

Special Use Permits expire if construction or operation does not begin within one year of Council approval.

Fees for Special Use Permits are governed by City Ordinance.

Subdivisions (Municipal Code: Chapter 27)


Subdivision occurs when any land, residential and non-residential, is divided into two or more lots, either by deed of sale, lease, or simple boundary adjustment. Such changes must be approved according to the provisions outlined in the Subdivision and Development Regulations of the City of Newark.

Subdivision approval also is required when a single lot multi-family structure or condominium is proposed, or when a commercial or industrial property containing more than two businesses on a single lot is developed. All new storm sewer, sanitary sewer, and water main construction must also be approved in accordance with the Subdivision Regulations.

Regulation Compliance


Applicants for subdivision approval should familiarize themselves with the regulations found in Chapter 27 of the Municipal Code, found here. Those seeking paper copies may purchase them via the City Secretary’s office. These regulations are a comprehensive description of the requirements and procedures pertaining to division and development of land in the city limits.

The regulations include design standards for roads, parking lots, drainage and sanitary sewers, and address erosion and sediment control, water service, and community assets. Flow charts at the back of the Regulations provide an overall perspective of the review and approval process. Application forms are available in the Planning Department.

Classifications


All subdivision of land within the city is classified into three types: administrative, minor, and major. These categories are defined as follows:
  • Administrative Subdivisions: The adjustment of property lines or straightening of boundaries which does not create additional building lots. See Subdivisions Regulations Section 27-19 for a detailed description of submission requirements and process.
  • Minor Subdivision: The division of land into 5 or less residential lots upon which building can occur involving no new streets; or the adjustment of property lines to permit expansion of an existing structure; or the division of a parcel of land for commercial or industrial uses where no new streets or other improvements are involved. See the Subdivision Regulations Section 27-20 for a detailed description of submission requirements and review process.
  • Major Subdivision: The division of parcels of land into 6 or more lots upon which building can occur; or divisions which create new streets regardless of the number of lots; or multi-family developments of 6 or more families regardless of the number of lots; or commercial, business, or industrial developments regardless of the number of lots where new streets or other public improvements are created. See the Subdivision Regulations Section 27-21 for a detailed description of the submission requirements and review process.
Fees for subdivision applications are governed by City Ordinance.

Additional Information


For more information, please contact the Planning Department at 302-366-7000.