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Newark · Building on your lot

Building on your lot in Newark

Newark sets its own fence heights, accessory-structure limits and home-business rules. Fence limits depend on the front yard, nearness to a street side lot line and arterial streets.

Key points

  • Fence height: Newark limits fences to 3 ft in required front yards, 6 ft outside them and over 4 ft from a street side line.
  • Accessory structures: City rule: residential accessory structures are limited to 12 ft; in RS and RL districts, to 30% of the required rear yard.
  • Home businesses: City rule: a general home business may use at most 20% of the home's floor area, with no client visits and no non-resident employees.

Each rule below is marked Newark code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Newark code Newark limits fences to 3 ft in required front yards, 6 ft outside them and over 4 ft from a street side line.

All 9 Newark rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

Newark code City rule: residential accessory structures are limited to 12 ft; in RS and RL districts, to 30% of the required rear yard.

All 4 Newark rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Newark code City rule: a general home business may use at most 20% of the home's floor area, with no client visits and no non-resident employees.

All 8 Newark rules on running a business from home, with the code text →

RV and boat parking

Newark code What Newark's code adds
Parking on the street
  • Must stay hitched; unhitched only up to 4 consecutive hours for pickups or deliveries within 1/2 mile.
    Applies: Applies to trailers and other towed vehicles on a street.
    § 10.24.026 · code text
    trailers and other nonmotorized vehicles may be parked on the street for a period not to exceed four consecutive hours for the purpose of making bona fide pickups or deliveries of goods, wares and merchandise to properties within one-half mile.

Solar panels and EV chargers

Newark code What Newark's code adds
EV charger permit
  • Electronic applications and electronic signatures are accepted.
    § 15.55.040 · code text
    The building official shall allow for electronic submittal of permit applications covered by this article and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by applicant.
  • The building official approves and issues all necessary permits when the application meets the city checklist.
    Applies: Applies to EV charging stations; the application must also meet all applicable laws and health and safety standards.
    § 15.55.040 · code text
    Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city's adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits.

Swimming pools

Newark code A structure or solid fence or wall at least 5 feet high must screen the pool from street and neighbors. A masonry wall or solid fence at least 6 feet high.

All 3 Newark rules on swimming pools, with the code text →

Pets, chickens and bees

Newark code Yes, up to 4 hens without a permit; more requires an animal fancier's permit. At least 40 feet from any parcel line or home on the same parcel.

All 5 Newark rules on pets, chickens and bees, with the code text →

Grading and erosion control

Newark code What Newark's code adds
Grading without a permit
  • Cuts under 2 feet deep, or with no slope both over 5 feet high and steeper than 66.7%.
    Applies: The work must still follow the grading chapter.
    § 15.50.014 · code text
    8. An excavation that (a) is less than two feet (six hundred ten millimeters) in depth or (b) does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (66.7 percent slope).
  • Basement and footing digs under a valid building permit; grading in an isolated, self-contained area the building official approves.
    Applies: Not fill made from the excavation, or an excavation with an unsupported height over 5 feet.
    § 15.50.014 · code text
    B. Exempt Work. A grading permit is not required for the following:

Park and impact fees for new homes

Newark code What Newark's code adds
Exemptions
  • Remodels or additions to a home; a new home replacing one lived in within 2 years; fees paid; council-waived projects.
    Applies: Development impact fees.
    § 3.24.070 · code text
    The following activities and actions are exempt from the requirement to pay the development impact fees:

Outdoor lighting

Newark code What Newark's code adds
Light at the property line
  • No significant direct glare visible beyond the lot lines.
    § 17.24.070 · code text
    No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Affordable units in new housing (inclusionary)

Newark code Affordable rental units must stay affordable for 55 years. Affordable for-sale units must stay affordable for 30 years.

All 5 Newark rules on affordable units in new housing (inclusionary), with the code text →

Group homes and residential care

Newark code What Newark's code adds
Homes for 7 or more
  • A use permit can allow a location other than the standard: arterial frontage and 300 feet from other facilities.
    Applies: Applies to residential care facilities serving 7 or more persons.
    § 17.26.220 · code text
    Unless specifically allowed pursuant to a use permit approval, residential care facilities serving seven or more persons shall be located on a lot with frontage on an arterial and at least three hundred feet from any other residential care facility, day care center, or large family day care home serving seven or more persons.
Distance between homes
  • At least 300 feet from any other residential care facility, day care center or large family day care home.
    Applies: Applies to facilities serving 7 or more persons; a use permit can allow otherwise.
    § 17.26.220 · code text
    Unless specifically allowed pursuant to a use permit approval, residential care facilities serving seven or more persons shall be located on a lot with frontage on an arterial and at least three hundred feet from any other residential care facility, day care center, or large family day care home serving seven or more persons.

Parking spaces required for homes

Newark code Parking must not be in a required front yard or street-facing side yard. 1 space per unit must be in a garage.

All 13 Newark rules on parking spaces required for homes, with the code text →

Home alarm permits and false alarms

Newark code The alarm user must turn off an audible alarm within 1 hour. An audible alarm must shut off automatically within 15 minutes after it starts.

All 4 Newark rules on home alarm permits and false alarms, with the code text →

Trash and recycling carts

Newark code What Newark's code adds
Required collection service
  • Every residence and business must get weekly garbage collection from the city-designated contractor.
    § 8.08.130 · code text
    All residences, including single- and multi-family, and business establishments in the city shall receive weekly garbage collection services from the city-designated contractor.
  • A single-family customer who recycles on their own may apply for an exemption.
    Applies: Conditions apply, including garbage and green waste rules; the community development director decides.
    § 8.08.130 · code text
    An exemption may be granted to this provision to single-family residential customers who elect to do their own recycling provided that:
Where carts are kept
  • Water-tight cans must be kept in the building or on the lot where the building is.
    § 8.08.020 · code text
    at all times keep in the building or on the lot on which the building is located, suitable and sufficient water-tight cans

Other Newark rules on this

Newark's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Do I need a permit for solar panels or an EV charger in Newark?

Newark's code: Electronic applications and electronic signatures are accepted. (§ 15.55.040); The building official approves and issues all necessary permits when the application meets the city checklist. (Applies to EV charging stations; the application must also meet all applicable laws and health and safety standards.) (§ 15.55.040).

What are the grading rules in Newark?

Newark's code: Cuts under 2 feet deep, or with no slope both over 5 feet high and steeper than 66.7%. (The work must still follow the grading chapter.) (§ 15.50.014); Basement and footing digs under a valid building permit; grading in an isolated, self-contained area the building official approves. (Not fill made from the excavation, or an excavation with an unsupported height over 5 feet.) (§ 15.50.014).

What are the outdoor lighting rules for homes in Newark?

Newark's code: No significant direct glare visible beyond the lot lines. (§ 17.24.070).

Can I run a family child care home in Newark?

California law sets this for every city, including Newark: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Where are group homes and residential care homes allowed in Newark?

Newark's code: A use permit can allow a location other than the standard: arterial frontage and 300 feet from other facilities. (Applies to residential care facilities serving 7 or more persons.) (§ 17.26.220); At least 300 feet from any other residential care facility, day care center or large family day care home. (Applies to facilities serving 7 or more persons; a use permit can allow otherwise.) (§ 17.26.220).

When can trash carts go out to the curb in Newark?

Newark's code: Every residence and business must get weekly garbage collection from the city-designated contractor. (§ 8.08.130); A single-family customer who recycles on their own may apply for an exemption. (Conditions apply, including garbage and green waste rules; the community development director decides.) (§ 8.08.130).

General information, not legal advice.

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