CHAPTER 5 PARKING; LOADING BERTHS.
40:5-1. COMMERCIAL VEHICLE PARKING.

The garaging, storing or parking of commercial vehicles on any properties within the boundaries of any Residence District is prohibited, provided, however, that nothing herein shall prohibit the parking of a commercial vehicle for such reasonable time as may be required in pickup or delivery service to such districts. (R.O. 1966 C.S. § 27:5-1)

40 : 5-2. REQUIREMENTS FOR OFF-STREET LOADING-BERTHS FOR MERCHANDISE , SUPPLIES AND EQUIPMENT.

a. The following off-street loading-berth requirements shall be provided on the premises of new buildings:

1. Business districts:

(a) Hotels and offices: One (1) loading-berth if total gross floor area of building is seventy-five thousand (75,000) square feet two (2) if three hundred thousand (300,000) square feet; and one (1) additional berth for each additional three hundred thousand (300,000) square feet.

(b) Retail sales and services: One (1) loading-berth if total gross floor area of building is thirty-five thousand (35,000) square feet; two (2) if sixty thousand (60,000) square feet.; three (3) if one hundred thousand (100,000) square feet four (4) if two hundred fifty thousand (250,000) square feet and one (1) additional berth for each additional two hundred thousand (200,000) square feet.

(c) Wholesale, manufacturing, storage: One (1) loading-berth if total gross floor area of building is twenty-five thousand (25,000) square feet.; two (2) if fifty thousand (50,000) square feet; three (3) if eighty thousand (80,000) square feet.; and one (1) additional berth for each additional eighty thousand (80,000) square feet.

2. All other districts:

(a) Hotels and offices: Same as Business Districts.

(b) Retail sales and services: One (1) loading-berth if total gross floor area of building is seventeen thousand five hundred (17,500) square feet two (2) if thirty thousand (30,000) square feet three (3) if fifty thousand (50,000) square feet and one (1) additional berth for each additional seventy-five thousand (75,000) square feet.

(c) Wholesale, manufacturing, storage: One (1) loading-berth if total gross floor area of building is twelve thousand five hundred (12,500) square feet two (2) if twenty-five thousand (25,000) square feet three (3) if forty thousand (40,000) square feet and one (1) additional berth for each additional twenty thousand (20,000) square feet.

b. The same requirements shall apply in all cases where a new addition is added to an existing building and the total combined floor area of the new addition and existing building equals or exceeds the minimum as set forth in the schedule for new buildings; provided, however, this shall only apply if the new addition contains a minimum gross floor area as follows:

1. Business districts:

(a) Hotels and offices: Twenty-five thousand (25,000) square feet of gross floor area for new addition.

(b) Retail sales and services: Fifteen thousand (15,000) square feet of gross floor area for new addition.

(c) Wholesale, manufacturing, storage: Ten thousand (10,000) square feet of gross floor area for new addition.

2. All other districts:

(a) Retail sales and services: Seven thousand five hundred (7,500) square feet of gross floor area for new addition.

(b) Wholesale, manufacturing, storage: Five thousand (5,000) square feet of gross floor area for new addition.



(c) Dimensions ofloading-berth space: All loading-berths must be not less than thirty-three (33) feet long, twelve (12) feet wide with head room not less than fourteen (14) feet.

(R.O. 1966 C.S. § 27:5-2)

40:5-3.PARKING SPACE DEFINED.

In all districts for all required off-street parking spaces as defined herein, whether or not the parking space is an enclosed or open area, each parking stall shall be no less than eight and one-half (8.5) feet in width and eighteen and one-half (18.5) feet in length, and the defined area shall be considered one (1) parking space. If a stall is located with one (1) side adjacent to a wall or high curb, an additional one-half (0.5) ft. of width is needed. If walls are on both sides of the parking area, the minimum stall width shall be nine and one-half (9.5) feet.

The stall dimensions are in addition to the required maneuver and access aisles as determined by the Traffic Engineer of the City. In no event shall the overall layout of the off-street parking area be conducive to a back-out maneuver onto a collector or an arterial street.

In any case where a reduction of the required area per parking space is permitted by the Traffic Engineer of the City on the basis of the developer's certification that such space will be fully attended, it shall be set forth in the certificate of occupancy that paid attendants employed by the owners or operators of such spaces shall be available to handle the parking and moving of automobiles at all times when such spaces are in use.

(R.O. 1966 C.S. § 27:5-3)

40:5-4. REQUIREMENTS FOR OFF-STREET PARKING.

a. In any new building of the type described below, provision shall be made on the premises, either in the open or enclosed, for the off-street parking of automobiles by providing parking space for the same according to the following schedule:

1. One-Family Dwelling:

First Residence: two (2) minimum, four (4) maximum

2. One-Family, Two-Family, or Three-Family Dwellings or a Residential Component with Less Than Three (3) Dwelling Units in a Mixed-Use Building in the Second Residential, Third Residential, Fourth Residential, First Business, Second Business, Third Business, Fourth Business, or First Industrial District: A minimum of one (1) space per dwelling unit is required. However, the following exceptions apply:

(a) For dwelling sites located within one thousand two hundred (1,200) feet (measured in a straight line) of a station for light rail train, PATH train, Bus-RapidTransit (a unique system operated by NJ Transit or its successor/assignee that is different from standard local or express bus service), or commuter rail service, parking shall not be required.

(b) For sites that only have frontage on a commercial row, parking shall not be required.

(c) For sites that only have frontage on a collector or arterial street if they have less than fifty (50) feet of width or less than five thousand (5,000) square feet, parking shall not be required.

3. Multiple Family Dwelling with Four (4) or More Units or the Residential Component of Mixed-Use Structure That Has Four (4) or More Dwelling Units: Minimum of three (3) for every two (2) dwelling units in all districts.

4. Multiple Dwelling Senior Citizen: Minimum of one (1) for every three (3) or less dwelling units in all districts.

5. Hotels: Minimum of one (1) for every four (4) guest rooms.

6. Auditoriums, Theaters, Stadiums, Sports Arenas: Minimum of one (1) for each ten (10) seats to be used by spectators. Hotels, auditoriums, theaters and stadiums and sports arenas shall provide the required parking spaces either within the building or on the premises in open space, or within a radius of eight hundred (800) feet of the building to be served.

7. Churches: Minimum of one (1) for every four (4) seats to be used by attendants.

8. Industrial Plants and Warehouses:

(a) Industrial Plants: One (1) for every four (4) employees.

(b) Warehouses: Three (3) for each one thousand (1,000) square feet of building floor space up to three thousand (3,000) square feet however, for building with more than three thousand (3,000) square feet of floor space one (1) additional parking space for each additional five hundred (500) square feet of floor space in excess of the three thousand (3,000) square feet referred to herein.

9. Medical or Dental Offices:

(a) Any residential building, any portion of which shall be converted for use as a medical or dental office, shall provide, on the premises, either in the open or enclosed, spaces for off-street parking with a minimum of five (5) automobiles for each professional practitioner in the building.

(b) Any medical or dental office buildings constructed, shall provide, on the premises, either in the open or enclosed, off-street paved parking with a minimum of five (5) automobiles per practicing physicians, surgeon, or dentist or a paved parking space at least equal in area to the area of the floor of the medical office building, whichever shall be greater.

10. Public dance halls or discotheques: Minimum of one (1) for every thirty (30) square feet of total floor area, within a radius of eight hundred (800) feet from the building to be served.

11. Commercial or Retail Establishments: Any commercial or retail establishment as permitted in any of the business districts, shall provide, on the premises, either in the open or enclosed, a minimum of three (3) parking spaces for the first one thousand (1,000) feet of net commercial or retail sales area and one (1) parking space for each additional five hundred (500) square feet of net commercial or retail sales area. However, the following exceptions apply:

(a) For sites that only have frontage on a commercial row, parking shall not be required.

(b) For sites that only have frontage on a collector or arterial street if they have less than fifty (50) feet of width or less than five thousand (5,000) square feet, parking shall not be required.

b. Additional Regulations for Off-Site Parking Spaces:

1. When the parking spaces required by this section are provided off the site, the following additional regulations shall apply and shall continue so long as the premises are used for such purpose, except that in lieu of the area originally designated, other equal area may be substituted from time to time:

(a) Such parking spaces shall be in the same possession by lease or ownership as the use to which they are an accessory.

(b) Such spaces shall conform to all regulations of the district in which they are located.

2. Parking Placement Requirements for One-Family, Two-Family, or Three-Family Dwellings.

(a) All parking spaces shall be inside the structure or located at the rear or at one (1) side of that structure.

(b) One-site parking is prohibited in front of a structure or forward of a street facing facade of that structure.

(c) Only tandem parking arrangements of up to two (2) spaces deep are allowable in one-, two-, or three-family dwellings.

(d) In multifamily structures with four (4) or more dwelling units, tandem parking arrangements can only be used if both spaces are assigned to the same dwelling unit.

3. Driveway Width and Placement Standards for One-Family, Two-Family, and Three-Family Dwellings.

(a) The maximum driveway width at the lot line and for its full length in the front yard shall be ten (10) feet, and the garage opening width on a building's front facade shall be no wider than ten (10) feet.

(b) The following exception to requirement in paragraph (a) above is available only for 3-family dwellings if the lot is narrower than forty (40) feet: the maximum width for the driveway at the lot line and for its fill length in the front yard shall be eighteen (18) feet, and the garage opening width on a building's front facade shall be no wider than eighteen (18) feet.

(c) For corner lots, the following exception to requirement in paragraph (a) above is permitted provided all parking is located inside the principal building: On the longer facade of a new dwelling, the driveway width and garage door opening width is permitted to be up to sixteen (16) feet wide for a 2-family dwelling and twenty-four (24) feet wide for a 3-family dwelling.

(d) Driveway openings from the street shall not be permitted on commercial rows or arterial streets if the site has less than fifty (50) feet of width or less than five thousand (5,000) square feet.

(e) Distance Between Driveways: Minimum eighteen (18) feet between driveways at the lot line, but driveway pairs are allowed provided that there is less than eight (8) feet at the lot line between the driveways in the pair.

(R.O. 1966 C.S. 27:5-4; Ord. 6 S+A, 5-21-86 § 1; Ord. 6 S+FJ, 5-3-89; Ord. 6 S+FB, 12-21-00 § 1; Ord. 6 S+FC, 2-20-02 § 5; Ord. 6 S+FA, 6-4-08 § 1)

40:5-5. EXTENSION OF ACCESSORY PRIVATE PARKING.

In any Third Residence District, Fourth Residence District and Business and Industrial Districts where the depth of the district does not exceed one hundred (100) feet, measured from the street frontage line to the rear district boundary, and where the rear boundary of such districts abuts a more restricted district, any accessory private parking area as defined herein may be extended across the district boundary into a more restricted district or zone, provided that

a. Such extension across the district boundary into a more restricted district is used exclusively as an accessory off-street private parking area, as defined herein.

b. In order to minimize adverse effects on the character of the surrounding area, such an accessory private parking area located in a more restricted district than the principal use shall be limited to a maximum size of filly (50) car spaces, as defined herein.

c. In order to draw a minimum of vehicular traffic to and through local streets in nearby residential areas, access driveways to such private parking shall not be more than one hundred thirty (130) feet distant from the front lot line of the principal use, and in no case shall such access driveways be located less than twenty-five (25) feet from a residential lot.

d. All such private parking areas must be surfaced with a hard surface, dustless material at least three (3) inches thick.

e. All lighting of such private parking areas must be deflected away from adjacent residential lots.

f. In order to protect adjacent uses, all such private parking areas shall provide along all property lines adjoining such uses either:

1. A strip of land at least four (4) feet wide densely planted with shrubs or trees at least four (4) feet high at the time of planting and which may be expected to form a year-round dense screen; or

2. A wall, barrier or fence at least six (6) feet high, solid or perforated, provided that not more than fifty (50%) percent of the face is open.

g. In addition, each driveway shall have an appropriate gate, chain or closing device in order to close the parking area when not in use. (R.O. 1966 C.S. § 27:5-5)

40:5-6. STRUCTURED PARKING FACILITIES.

In the Central Business District and on arterial roadways, the ground floor/street level of all structured parking facilities must be designed to encourage and complement pedestrian-scale activity. Facilities must be designed so that the only openings at the street level are those to accommodate vehicle entrances/exits and pedestrian access to the structure. The remainder of the street level frontage or a minimum of fifty (50%) percent of the length of the street level must be occupied retail space.

All parking garages must be designed such that the exterior wall lines are horizontal, level and parallel and of such design to preclude the visibility of vehicles utilizing the facility.

The front yard requirement for structured parking facilities shall be a minimum of ten (10) feet. A minimum of fifty (50%) percent of the required front yard shall be landscaped.

(Ord. 6 S+FA, 12-21-94; § 1; § 27:5-6)

40:5-7. DRIVEWAY WIDTHS.

The width of any driveway or curb cut for residential uses in any zone other than one-family, two-family, or three-family dwellings, which are regulated by Section 40:54b.3, shall not exceed twenty (20) feet. (Ord. 6 S+FE, 10-03-95 § 4; § 27:5-7; Ord. 6 S+FA, 6-4-08 § 1)

40:5-8. AUTOMOTIVE LIFTS.

a. General Automotive Lift Standards.

1. Automotive lifts shall be used only as expressly provided in this section and as part of an approved site plan.



2. Automotive lifts shall comply with the applicable automotive lift requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23).

3. Automotive lifts shall comply with noise limitations set forth in Title 20, Chapter 3 of the Municipal Code of the City of Newark, known as the "Noise Control Ordinance of the City of Newark."

4. Automotive lifts shall be exempt from the parking dimensions requirements of Sections 40:5-3; 40:5-5(d); and 38:10-38b, c, and e (Off Street Parking and Loading Requirements) of Newark's Municipal Code.

5. Definitions. For the purposes of this section, the term "automotive lift" shall have the following meaning:

Equipment designed to deposit motor vehicles in a parking space or to serve as the mechanism to provide a parking space by moving motor vehicles vertically and/or horizontally above floor level on pallets or platforms equipped with tracks, channels or similar devices to hold the vehicle's wheels, not the vehicle frame or designated support points, in place while the vehicle is being moved vertically or horizontally.

b. Usage Standards.

1. Automotive Lift Usage in Residential Buildings or Residential Use in Mixed-Use Buildings.

(a) Automotive lifts shall not be permitted in the First and Second Residence Districts, the First Business District, or in conjunction with any exclusively residential building with six (6) or fewer residential dwelling units.

(b) Where permitted per Section 40:5-8b,1(a) above, automotive lifts proposed to serve any use in an historic district shall only be located within a fully enclosed building.

(c) Where permitted per Section 40:5-8b.1(a) above, automotive lifts proposed to serve any use outside of or any residential use within the Fourth Business District shall only be located within a fully enclosed building.

(d) Where permitted, automotive lifts may be used to satisfy minimum off-street parking requirements set forth in Section 40:5-4 of this chapter.

(e) Where automotive lifts are utilized in enclosed garages for the purpose of satisfying minimum parking requirements, at least one (1) parking space for each residential dwelling unit in the building in which it is located shall be provided in a manner that would not require the moving of another vehicle. Otherwise, a 24-hour, 7-day a week valet attendant is required. Automotive lifts may be used to satisfy the remaining parking requirements, or parking in excess of the minimum required standards.



(f) Permitted automotive lifts within residential buildings shall be operated only by a valet or an attendant employed by the owner or operator of the building or by an owner or resident of a dwelling unit within the building whose parking space is specifically assigned to use that automotive lift.

2. Automotive Lift Usage in Non-Residential Buildings or Nonresidential Use in Mixed-Use Buildings.

(a) Only in Third and Fourth Residence Districts; Second, Third and Fourth Business Districts; First, Second and Third Industrial Districts, automotive lifts may be in used in conjunction with permitted non-residential or mixed use buildings for any parking required or permitted in the building or at the site.

(b) Allowed automotive lifts within nonresidential buildings or serving the non-residential uses of a mixed use building shall be operated only by a valet or an attendant employed by the owner or tenant of the building. Automotive lifts serving residential portions of a mixed use building shall be subject to the restrictions in Section 40:5-8b.1 of this chapter.

(c) Automotive lifts within open air parking lots or in unenclosed parking facilities shall only be permitted in the Fourth Business District except within a historic district and shall comply with the following requirements:

(1) Any unenclosed parking facility containing automotive lifts shall be appropriately screened. Screening may be provided by the placement of adjacent buildings, solid fencing, walls, maintained hedges, frees or other landscaping, or by any combination thereof Any fence or wall shall be constructed of durable and visually attractive materials consistent with the architectural character of the surrounding area. The Central Planning Board shall determine whether appropriate screening provisions have been made.

(2) All screening shall be at least six (6) feet taller than the floor of the uppermost lift structure when located at its highest possible position.

c. Height Standards. Any automotive lift system used for a parking area shall be limited by the height standards of the zoning district in which the parking lot is located. But no automotive lift shall exceed thirty-five (35) feet in height from the floor of the enclosed space in which it is located or from at grade if the unit is not enclosed.

d. Automotive Lift Design Standards.

1. For all automotive lifts, the standards enumerated in the New Jersey Uniform Construction Code (N.J.A.C. 5:23-12) shall apply.

2. The applicant shall certify that any permitted automotive lift shall comply with the most current ANSI/ALI ALOIM "Safety Requirements for the Operation, Inspection, and Maintenance of Automotive Lifts" and provide a plan for ongoing operation, inspection and maintenance.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A)