Newport City Zoning Code

In order to implement the comprehensive plan and achieve an orderly development pattern that protects the health, safety, and general welfare of the city, its residents, and business community, and minimizes development impacts on the environment, the city is hereby divided into the following zoning districts:

(1)

Residential and open space districts.

a.

OS, open space district.

b.

RE, residential estates district.

c.

R-1A, river residential district.

d.

R-1, low density single-family residential district.

e.

R-2, urban mixed residential district.

(2)

Mixed-use, business, and industrial districts.

a.

MX-1, downtown mixed-use district.

b.

MX-2, transit oriented mixed-use district.

c.

MX-3, general mixed-use district.

d.

B-1, business park/office/warehouse district.

e.

B-2, general business district.

f.

I-1, light industrial district.

g.

I-2, general industrial district.

h.

I-S, industrial storage district.

(3)

Planned unit developments (PUD).

(4)

Special overlay districts.

a.

Shoreland management district.

b.

Critical area overlay district.

c.

Floodplain management district.

1.

Floodway.

2.

Flood fringe.

d.

Bluffland area overlay district.

e.

Conservation residential overlay district.

f.

River redevelopment overlay district.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The location and boundaries of the districts established by this article shall be set forth in a map known as the "City of Newport Zoning Map" hereafter referred to as the zoning map. The map and all notations, references, and data shown thereon are incorporated by reference into this article. It shall be the responsibility of the zoning administrator to maintain the zoning map, and amendments shall be recorded on the map within 30 days after official publication of the amendments. The official zoning map shall be kept on file in the city hall.

(b)

Boundary lines. Wherever any uncertainty exists as to the boundary of any use district as shown on the zoning map incorporated, the following rules shall apply:

(1)

Where district boundary lines are indicated as following streets, alleys, railroads, or similar rights-of-way, they shall be construed as following the centerlines thereof;

(2)

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed to be such boundaries;

(3)

Where a lot of record at the effective date of this Code that is held in one ownership is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this section shall not apply if it increases the area of the less restricted portion of the lot by more than 20 percent.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The following table lists the regulated uses and their corresponding permissibility in each zoning district of the city:

P = Permitted.

C = Conditional.

PUD = Planned unit development required.

P/C = Permitted or conditional based on use criteria.

* = See specific criteria for use in division 3 of this article.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Land uses. The only uses which can be made of land or structures are those uses listed in the land use table and defined in this article. If there is a conflict between the land use table and this article, then this article governs.

(b)

Land uses not listed. Any land use which is not listed in this article is specifically prohibited. Any person seeking to establish whether a use which is not specifically listed is included in an existing use may ask the zoning administrator for an opinion. The zoning administrator's decision will establish whether the proposed use is permitted under any of the existing uses in this chapter. The zoning administrator shall consider functional similarities between uses listed in this chapter and the proposed use, including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is a permitted use, permitted accessory use, conditional use or interim use. If the zoning administrator determines that the proposed use is not permitted under any existing use, that conclusion shall be stated in the written determination.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The minimum lot size for agritourism uses shall be two acres.

(b)

The agritourism use shall be a subordinate use to the agricultural and/or single-family residential use of the property.

(c)

Agritourism uses may be permitted by an interim use permit (IUP) on properties in the residential estates (RE) district. The application for the IUP shall include all items that the city requires for an IUP, including the following:

(1)

A detailed site plan that includes the entire property where the agritourism use is proposed drawn to an appropriate scale showing the property boundaries, existing buildings, existing driveway access and parking areas, existing septic system and well, existing screening from adjacent properties; and proposed buildings, parking location, size and surface, and driveways, area(s) where the agritourism use will be operated, setbacks, proposed sanitary and drinking water facilities, and proposed fencing and screening.

(2)

A detailed written description of current activities and uses on the property and proposed activities and uses, including proposed hours and frequency of activities, size of groups, and general natural of proposed activities.

(d)

The property owner shall provide for adequate facilities, including sanitary facilities and drinking water, for the agritourism use. If the activities will require the use of the existing or a new on-site septic system, the owners shall provide evidence from Washington County that the existing and/or proposed septic system is adequate to serve the proposed use. The proposed parking areas shall meet the ordinance requirement for an improved surface that is durable and dustless, unless otherwise approved by the city engineer.

(e)

The property and agritourism use shall have a direct access from a public roadway.

(f)

All parking for the agritourism use shall be provided within the site and shall meet the ordinance requirements. No parking shall occur on public roadways.

(g)

The maximum number of participants in each agritourism activity shall be 50 persons.

(h)

No amplified sound shall be permitted for agritourism activities.

(i)

Signs must conform to the requirements for the zoning district.

(j)

The agritourism use shall conform to all local, state, and federal requirements for the use.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, a conditional use permit is required for any use up to 10,000 square feet. Uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Antennas and towers are permitted in specific locations and with certain specific standards as identified in article IV, division 2 of this chapter.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In MX districts, a conditional use permit is required for one or both of the following:

(1)

A craft brewery with more than 15,000 square feet of floor area to ensure size and design compatibility with the particular location.

(2)

A craft brewery that manufactures more than 5,00 barrels of malt liquor a year in order to ensure operational and design compatibility with the particular location.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In MX, business, and industrial districts, a conditional use permit may only be issued with the following criteria:

(1)

Applicability. The standards within this subsection shall apply to the following uses:

a.

Cannabis cultivation.

b.

Cannabis events.

c.

Cannabis manufacturing.

d.

Cannabis mezzobusiness.

e.

Cannabis microbusiness.

f.

Cannabis sales.

g.

Cannabis testing facility.

h.

Cannabis wholesaling.

i.

Lower-potency hemp edible manufacturing.

j.

Lower-potency hemp edible sales.

(2)

Buffers.

a.

Any cannabis business must be setback 1,000 feet from schools as established by M.S.A. § 342.13(c).

b.

Any cannabis business must be setback 500 feet from a day care as established by M.S.A. § 342.13(c).

c.

Any cannabis business must be setback 500 feet from a residential treatment facility as established by M.S.A. § 342.13(c).

d.

Any cannabis business must be setback 500 feet from an attraction within a public park that is regularly used by minors, including a playground or athletic field.

(3)

Development standards.

a.

License, security, and hours of operation.

1.

Cannabis and hemp businesses must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes.

2.

The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the office of cannabis management.

3.

Cannabis businesses are limited to retail sales of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00 a.m. to 10:00 p.m. seven days a week.

b.

Outdoor uses, storage, and screening.

1.

Outdoor operations are prohibited. All operations, including but not limited to cultivation, manufacturing, storage, and sales must occur within a fully enclosed building or facility.

2.

Outdoor storage beyond the daily parking of vehicles is prohibited.

3.

All mechanical, odor suppression equipment, and trash enclosures must be screened.

c.

Odor.

1.

Cannabis businesses and hemp businesses shall install and maintain enhanced ventilation systems designed to prevent detection of cannabis or hemp odor and shall be ventilated from any adjoining use, parcel, public or private street, drive, and/or right-of-way, park or building units, as approved by the city. All ventilation systems shall be operated to ensure all odors cannot be detected by a person with a normal sense of smell at an adjoining use or property boundary, whichever is most restrictive.

2.

An odor maintenance plan must be submitted to the city and approved by the city.

3.

At the city's discretion, the applicant may be required to provide plans that show appropriate odor control systems.

d.

Lighting.

1.

All site lighting must meet city Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building.

2.

The specifications of all light fixtures must be provided to the city with the application for a conditional use permit.

3.

A photometric plan must be submitted to the city with the application for a conditional use permit indicating light measure at the property line.

4.

Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles at any time.

e.

Water and wastewater.

1.

Cannabis and hemp businesses growing, processing, or manufacturing cannabis or hemp products shall be designed to significantly minimize the use of water on the site, and must include water capture systems, grey-water systems, or other equally effective water conservation measures.

2.

Management of wastewater shall be approved by the city and in accordance with the office of cannabis management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply.

f.

Signs.

1.

Signs shall be in compliance with the office of cannabis management and this Code. Whenever a more restrictive standard exists, the more restrictive standard shall apply.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In business and industrial districts, a cannabis event may only be permitted as follows:

(1)

License or permit required for cannabis events. A license or permit is required to be issued and approved by the city prior to holding a cannabis event.

(2)

Registration and application procedure. A registration fee, as established in the city's fee schedule, shall be charged to applicants for cannabis events.

(3)

Application submittal and review. The city shall require an application for cannabis events.

(4)

An application for a cannabis event shall fill out an application form, as provided by the city. Said form shall include, but is not limited to:

a.

Full name of the property owner and applicant;

b.

Address, email address, and telephone number of the applicant;

c.

A site plan including the location of the event, the set-up, location of parking, dates of the proposed event, hours of operation, lighting, signage, and any other information deemed necessary by the city.

(5)

The applicant shall include with the form:

a.

The application fee as established in the city's fee schedule.

b.

A copy of the OCM cannabis event license application, submitted pursuant to M.S.A. § 342.39, subd. 2.

(6)

The application shall be submitted to the city for review. If the city determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies.

(7)

Once an application is considered complete, the city shall inform the applicant as such, process the application fees, and forward the application to the city council for approval or denial.

(8)

The application fee shall be non-refundable once processed.

(9)

The application for a license for a cannabis event shall meet the following standards:

a.

Must be licensed by the state and in compliance with the standards set by the office of cannabis management.

b.

Cannabis events may only be held at approved cannabis cultivation, cannabis mezzobusiness, cannabis microbusiness, and cannabis retail locations.

c.

Cannabis events must last no more than four consecutive calendar days.

d.

Unless approved by the city council, no cannabis event may take place outdoors.

e.

The applicant must provide a security plan to be reviewed and approved by the city administrator or referred, at their discretion, to the city council for approval.

f.

No more than one cannabis event may be conducted at a single location in a calendar year.

g.

Hours of operation for a cannabis event are limited to 10:00 a.m. to 5:00 p.m.

(10)

A request for a cannabis event that meets the requirements of this section shall be approved.

(11)

A request for a cannabis event that does not meet the requirements of this section shall be denied. The city shall notify the applicant of the standards not met and basis for denial.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In MX districts, a conditional use permit may only be issued with the following qualifying criteria:

(1)

Parcels must be one acre or larger.

(2)

Parcel must front a public street with the functional classification minor collector or minor arterial.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In MX districts, a conditional use permit is required for one or both of the following:

(1)

A distillery with more than 15,000 square feet of floor area to ensure size and design compatibility with the particular location.

(2)

A distillery that manufactures more than 5,00 barrels of liquor a year in order to ensure operational and design compatibility with the particular location.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX districts, a conditional use permit is required for any use exceeding 2,500 square feet.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, a conditional use permit is required for any use up to 50,000 square feet. Uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All home occupations shall meet the following requirements:

(1)

The number of employees shall be limited to one person in addition to family members residing within the home.

(2)

The area within the dwelling used by the home occupation shall not exceed 20 percent of the dwelling's livable floor area.

(3)

On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling.

(4)

Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling.

(5)

Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case shall customer vehicles be parked on public or private roads.

(6)

Only one sign shall be permitted. Such sign shall be a non-illuminated nameplate of not more than three square feet in area, and shall be attached to the entrance of the dwelling and, in the case of a rural home occupation; it may be attached to the dwelling or the accessory structure.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In business districts, a conditional use permit may only be issued with the following qualifying criteria:

(1)

Parcels must be one acre or larger.

(2)

Parcel must front a public street with the functional classification minor collector or minor arterial.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Multi-family residential uses in the R-2 district shall require a PUD and a minimum ten-acre parcel area, unless the proposed use is adjacent to an existing multi-family use.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Outside storage for commercial, industrial, and multi-family uses with over five units. All outside storage of equipment, materials, or vehicles shall be completely screened from the eye-level view of adjacent residential property and public streets, and from the public front and office sides of business and industrial uses, subject to the following conditions and exceptions:

(1)

Temporary, daily parking of vehicles, for a period of no more than 48 consecutive hours, for employees or patrons of a business, need not be screened in the side and rear yards adjacent to other business or industrial uses, but shall be completely screened from residential uses. In front yards, all such vehicles need to be screened to a height of three feet. Any vehicle parked for more than 48 consecutive hours shall be completely screened from the eye-level view of adjacent residential property and public streets, and from the public front and office sides of business and industrial uses.

(2)

Exterior storage. No materials, product, or equipment shall be stored outside of an enclosed building except for daily display (during store hours) of merchandise.

(3)

Any outside storage or display of vehicles for sale, rent, or lease shall be by conditional use permit only as governed by this chapter and shall include only operable new vehicles or operable used vehicles in good working order and of good appearance.

(4)

Open storage of any kind shall be prohibited in any required front, side, or rear yard setback. Overnight storage of perishable goods shall be allowed only within a completely enclosed permanent structure.

(b)

Outside storage for single, two, three and four family dwellings. All outside storage is subject to the following conditions and exceptions:

(1)

All waste, refuse, garbage and containers shall be kept in a building or in a fully screened area, except as allowed before a scheduled collection.

(2)

All non-operating vehicles or equipment shall be kept within a fully enclosed building.

(3)

No exterior storage shall be allowed in the front yard, except parking of operable vehicles, on concrete, blacktop, or similar durable hard surface free of dust.

(4)

All exterior storage in the street side yard of a corner lot shall be fully screened from the street and adjacent properties.

(5)

No more than four vehicles including passenger cars, trailers, recreational vehicles, recreational equipment, truck, bus, off-road vehicles, or similar may be parked or stored in any yard area on a residential property at any one time, subject to the following conditions and exceptions:

a.

Vehicles, recreational vehicles, and equipment parked on a trailer shall by counted as one vehicle.

b.

One class I commercial vehicle may be parked on a residential property at any time.

c.

Class II commercial vehicles are prohibited from being parked or stored on any residential property.

d.

Off-road motor vehicles are prohibited from being parked or stored in the front yard and shall be screened from public view or parked or stored in an enclosed structure.

e.

Up to two items of recreational equipment, as defined and regulated in section 32-39, shall not count towards the total vehicles stored on a property if completely screened, as defined in section 36-1, from the public right-of-way and abutting properties.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Residential care facilities are licensed under the Minnesota Department of Health. Uses within residential districts must continue to appear as a single-family residence in every way. No signage or other improvements to commercialize the site are permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, a conditional use permit is required for any use up to 10,000 square feet. Uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, a conditional use permit is required for any pre-K through 12, college, and vocational schools and associated facilities up to 50,000 square feet. Uses over 50,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the MX-2 district, a conditional use permit is required for any use up to 10,000 square feet. Uses over 10,000 square feet are not permitted.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In MX districts, a conditional use permit is required for one or both of the following:

(1)

A winery with more than 15,000 square feet of floor area to ensure size and design compatibility with the particular location.

(2)

A winery that manufactures more than 5,000 cases of wine a year in order to ensure operational and design compatibility with the particular location.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The residential and open space districts and district standards are established to carry out the intent and purposes of the comprehensive plan and to protect public health, safety, convenience, and public welfare.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

RE, residential estates district. This district shall be intended for low-density single-family residential areas without public utilities and to preserve lands in their natural state or in agricultural uses pending the proper timing for the economical provision of utilities and orderly development. A lot or parcel of land located in a residential estates (RE) zone served by municipal sewer and water facilities shall be treated as a low-density single residential (R-1) district parcel and shall be required to meet all requirements of the R-1 district.

(b)

R-1A, river residential district. This district shall be intended to provide areas for low-density single-family development along and near the Mississippi River where public utilities are available.

(c)

R-l, low density single-family residential district. This district shall be intended to provide areas for low-density single-family dwelling development where public utilities are available.

(d)

R-2, urban mixed residential district. This district shall be intended to provide areas for a variety of housing types at urban densities including single-family and multi-family residential uses in areas served by municipal sewer and water services.

(e)

OS, open space district. This district is designed to provide areas for public parks, open spaces and public buildings and facilities. Public parks and open space may be owned or operated by the city or any other public body. All improvements within these districts must be consistent with the Newport Comprehensive Land Use Plan.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The following minimum requirements shall be required in all residential districts:

Footnotes:

†

A lot or parcel in the RE district that is located adjacent to a public right-of-way or utility easement where a sanitary sewer main exists shall be treated as a low-density single-family residential (R-1) district parcel and shall meet the requirements of the R-1 district and the subdivision ordinance, including the requirement to serve all of the lots created by subdivision of the parcel with municipal sewer and water services.

*

Side setbacks for substandard lot widths in R-1A: ten percent of lot width (25 percent for corner lot, street side). Side setbacks for substandard lot widths in R-1: 15 percent of lot width (33 percent for corner lot, street side).

**

Minimum front setback from the right-of-way of a collector or arterial roadway is 50 feet in all districts.

***

See shoreland management district regulations in article VI of this chapter.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Residential uses located in an OS district as of January 8, 2026, shall be subject to performance standards found in the R-1A zoning district.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Except as otherwise provided, this article applies to all mixed-use, commercial, and industrial districts in the city.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

B-1, business park/office/warehouse district. This district is intended to provide locations for office, warehouse, and related business uses in a business park setting. Some accessory commercial services may also be a part of this land use type to serve the employment base.

(b)

B-2, general business district. This district is intended to provide the opportunity for diverse businesses to take advantage of the city's location and access to major roadway corridors. The district is intended to provide locations for businesses that serve local and regional needs, and may include retail businesses, highway or automobile-oriented businesses, and quasi-industrial and wholesale enterprises that do not need an industrial setting and can be designed or managed to be compatible with surrounding districts.

(c)

I-1, light industrial district. This district is intended to provide areas for the development of research laboratories, small-scale processing, fabricating, storage, manufacturing, and assembly of products. Such uses are non-polluting, not excessively noisy or dirty, limited traffic producers, and do not produce hazardous waste as by-products.

(d)

I-2, general industrial district. This district is intended to provide areas adjacent to major thoroughfares and in areas where public utilities are available for the express use of industrial developments. Designation of industrial districts will help attract industry, stabilizing the tax base and increasing employment in the city.

(e)

I-S, industrial storage district. This district is intended to provide areas bordering city limits and areas adequately buffered with open land to permit storage of petroleum products and other similar storage uses.

(f)

MX-1, downtown mixed-use district. This district is intended to provide sites for small scale retail, commercial, office and service uses, and to support a mix of residential uses. This district will integrate residential uses with pedestrian-oriented commercial uses such as retail stores, professional and financial services, offices, restaurants, coffee shops, floral shops, etc. This district shall serve as the center for financial, commercial, professional, and entertainment activities in Newport. Inclusion of high-density housing close to or above commercial uses in this district will support commercial and entertainment uses.

(g)

MX-2, transit-oriented mixed-use district. This district is intended to encourage a mixture of residential, commercial, office, and civic uses in proximity to the Newport Transit Station at densities and intensities that support and increase transit use. The district is also intended to encourage a safe and pleasant pedestrian environment, maximize access to transit, provide parking in an efficient and unobtrusive manner, and encourage a sense of activity and liveliness at street level.

(h)

MX-3, general mixed-use district. This district is to provide for a mix of residential and commercial uses that provide for a long-term transition from the auto-oriented uses that exist in the district based on past frontage on Highway 61, to uses that are compatible with adjacent residential and mixed-use districts. The city anticipates that commercial uses will cluster on and near Hastings Avenue and the Glen Road interchange, and that over the long-term redevelopment will include a variety of residential and commercial uses.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The following minimum requirements shall be required in all non-residential districts:

Footnotes:

*

Maximum height may be increased upon issuance of a conditional use permit. The setback requirements for increases in height adjacent to single-family residential uses included in this chapter apply.

**

See article IV, division 1 of this chapter for exceptions to front yard setbacks.

***

Structure setbacks for the MX-1 and MX-2 are as noted by the dimensional provisions unless otherwise specifically approved in a development plan as outlined in a planned unit development.

†

Lot coverage permitted on individual sites will be determined based on compliance with the city's stormwater management standards.

(b)

Additional MX-2 (transit-oriented design) district standards. The following requirements apply to all buildings or uses in an MX-2 district, unless otherwise specified:

Footnotes:

*

Maximum height may be increased upon issuance of a conditional use permit. Single-story buildings shall have a footprint of no more than 15,000 square feet.

(c)

Densities in the MX-2 district.

(1)

The maximum residential density in the MX-2 district shall be 50 units per acre.

(2)

The minimum residential density in the MX-2 district shall be 20 units per acre.

(3)

The minimum net FAR (floor area ratio) for residential and non-residential uses in the MX-2 district shall be 0.5 FAR.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)