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Newport City Zoning Code

ARTICLE IV

RESIDENTIAL AND OPEN SPACE DISTRICTS2


Footnotes:
--- (2) ---

Editor's note— Ord. No. 2021-10, adopted June 17, 2021, changed the title of Art. IV from "Residential districts" to read as herein set out.

Editor's note— Ord. of 02-20-2020(1), repealed Art. IV, §§ 36-206—36-211, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from 1997 Code, §§ 1340.01—1340.03, 1340-05; Ord No. 2016-13, adopted Dec. 15, 2016; Ord. No. 2019-01, adopted Jan. 17, 2019; and Ord. No. 2020-03, adopted May 21, 2020.


Sec. 36-206.- Purpose.

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. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021)

Sec. 36-207. - Purpose of zoning districts.

(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 multifamily 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 of Newport or any other public body. All improvements within these districts must be consistent with the Newport Comprehensive Land Use Plan.

(Ord. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021)

Sec. 36-208. - Residential lot area, depth, width, coverage, setbacks and heights.

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

RE † R-1A R-1 R-2 OS
Minimum Lot Area Per Unit (sq. ft.)
Dwellings, single-family Unsewered
areas:
2 acres 
 (87,120 sq. ft.) 
 Sewered
area:
Use R-1
district
standards 		15,000 sq. ft. 7,800 sq. ft. 7,200 sq. ft. N/A
Dwellings, duplex — — — 6,000 sq. ft. N/A
Dwellings, townhome
or quadhome 		— — — 3,650 sq. ft. N/A
Dwellings, multi-family 2,200 sq. ft.
(up to 20
units per
developable
acre) 		N/A
Other uses 2 Acres 1 Acre 1 Acre 1 Acre 1 Acre
Minimum Lot Depth
in Feet 		200 150 130 120 N/A
Minimum Lot Width
in Feet

Interior lot/(corner lot)
Dwellings,
single-family 		160/(200) 100/(120) 60/(75) 50/(60) N/A
Dwellings, two family — — — 60/(80) N/A
Dwellings, more than
two family 		— — — N/A N/A
Other permitted uses 160/(200) 100/(120) 60/(75) 50/(60) N/A
Minimum front yard
in feet** 		40 30 30 20 20
Minimum side yard in feet
Dwellings, single-family
or two family 		20/(40) 10/(30)* 10/(30)* SF 5ft; 2-family or corner lot 10ft
Dwellings, more than two family — — — 20/(40) N/A
Dwellings and garages, more than two-family if adjacent to RE, R-1A or R-1 district or an existing or future arterial or collector roadway N/A N/A N/A 50 N/A
Garages or accessory structures**,
single and 2-family 		20/(40) 5/(30) 5/(30) 5/(20) N/A
Other permitted uses 20 30 30 20 10/(30)*
Minimum rear yard in feet
Dwellings, single-
family or two family 		50 30 30 25 N/A
Dwellings, more than two family — — — 30 N/A
Garages or accessory structures* 20 5 5 5 sq. ft./
30 MF 		N/A
Other uses 50 40 40 25 25
Maximum lot coverage, impervious surfaces, single family dwelling units 20 percent 20 percent 35 percent (25 percent in Shoreland District
***) 		50 percent N/A
Maximum lot coverage, impervious surfaces, dwellings, more than 2 family N/A N/A N/A 60 percent N/A
Maximum building height in feet 35 ft. 35 ft. 35 ft. 40 ft. 40 ft.
Public sewer required No Yes Yes Yes No

 

† 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 section 36-328.

(Ord. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021; Ord. No. 2022-04, § 3, 6-16-2022)

Sec. 36-209. - Uses in the residential districts.

Use* RE R-1A R-1 R-2 OS
Residential uses
Single family
detached, one dwelling per lot 		P P P P N
Single family
detached, more than one dwelling unit per lot 		N N N C N
Two family residences N N N C N
Multi-family (three units or more per building) N N N PUD* N
Homes for handicapped or infirm including group homes or halfway houses but not containing more than six unrelated persons P P P P N
Nursing homes N N N N N
Assisted living, memory care and similar facilities N N N N N
Planned unit developments (PUDs) - Minimum 10-acre area required for PUDs PUD PUD PUD PUD* N
Manufactured single-family dwelling P P P P N
Mobile homes C N N N N
Commercial and Mixed Use
Agricultural operations and buildings, row crops, tree farming, and keeping of domestic farm animals in compliance with Code requirements P N N N N
Churches, synagogues, temples and associated facilities except schools C P P P N
Commercial greenhouse operation C N N N
Country club and golf course C C C C N
Historic site P P P P P
Horseback riding, stables I N N N N
Kennel for more than six animals I N N N N
Live-work building C C C C N
Medical clinics N N N C N
Mixed-use (dwelling unit above ground floor commercial or other use) N N N C N
Open space, public or private C C C P P
Private athletic fields or courts C C C C C
Public facilities including government offices, emergency facilities, public works facilities, schools, libraries, museums, art galleries, and other municipally owned or operated facilities C C C C P
Public utility C C C C C
Short-term residential unit rental(s) not in owner-occupied unit(s)-(further discussion) N N N N N
Accessory uses
Accessory structures in accordance with § 36-163 P P P P P
Accessory renewable energy system, including ground source heat pump, solar energy system, or wind-energy system in complaince with Article X P P P P P
Agritourism Use I N N N N
Bed and breakfast within a single-family residence C C C C N
Common property to a milti-family complex or a PUD N N N C N
Day care facilities in single-family homes with 14 or fewer children being attended to P P P P N
Day care facilities in single-family homes with more than 14 children being attended to C C C C N
Day care facilities in multi-family buildings N N N C N
Gazebo, arbor and play equipment in public or private areas P P P P P
Home occupation in accordance with § 36-163(c)(2) P P P P N
Parking lot, as an accessory use N N N P P
Short-term home rental within single family residence N N N N N
Swimming pool P P P P P

 

P = Permitted use.

C = Permitted with a conditional use permit.

I = Permitted with an interim use permit.

N = Not permitted.

PUD = Permitted with a planned unit development.

* Multifamily residential uses in the R-2 District shall require a PUD and a minimum 10-acre parcel area, unless the proposed use is adjacent to an existing multifamily use.

(Ord. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021)

Sec. 36-210. - Credits and allowances for multiple dwellings.

The following lot area credits and allowances shall be applied for multiple dwellings in the R-2 and Mixed-Use district but in no event shall the minimum lot area with allowances be less than 3,000 square feet per dwelling unit in the R-2 district based on the following schedule:

(1)

For each parking space provided within or beneath a principal structure, subtract 300 square feet; or if ⅓ or more of the required parking spaces is in a covered or underground parking structure the city may grant a density bonus of ten percent;

(2)

If the site upon which the multiple dwelling is being constructed is adjacent to a site zoned for a commercial use, subtract 300 square feet;

(3)

If the adjacent site is zoned R-1 or R-1A, add 300 square feet per unit for that portion of the multiple dwelling site within 150 feet of the R-1 or R-1A district;

(4)

If the total lot coverage is less than 20 percent, subtract 150 square feet per unit;

(5)

For each unit containing more than two bedrooms, add 300 square feet.

(Ord. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021)

Sec. 36-211. - Additional requirements for residential development in the R-2 district.

All multi-family residential development in the R-2 district shall utilize the planned unit development (PUD) process in accordance with section 36-259, and planned unit developments (PUDs) shall be a minimum ten acres in size, based on the gross developable area of the parcel(s), which is defined as the total area of the parcel(s) excluding existing public streets or highways).

(Ord. of 02-20-2020(1); Ord. No. 2021-10, 6-17-2021)