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

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

Business districts shall be established to accomplish the general purpose of this article and the comprehensive plan and for the following specific purposes:

(1)

To group compatible uses to promote prosperity and public convenience;

(2)

To provide an adequate supply of suitable land for businesses and professional services to meet the needs of the community and provide employment opportunities and significant tax base;

(3)

To promote a high quality of business and commercial development and design that produces a positive visual image and minimizes the effects of traffic congestion noise, odor, glare, and similar problems.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The B-1, Business Park/Office/Warehouse 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 basee.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

Editor's note— Ord. No. 2021-03, adopted March 18, 2021, changed the title of § 36-228 from "Specific intent of the Business Park/Office/Warehouse District" to read as herein set out.

The B-2, General Business 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.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

Editor's note— Ord. No. 2021-03, adopted March 18, 2021, changed the title of § 36-229 from "Specific intent of the General Business District" to read as herein set out.

The industrial districts shall be established to accomplish the general purpose of this article and the comprehensive plan and the following specific purposes:

(1)

To provide employment opportunities.

(2)

To group industrial uses in locations accessible to rail and highways, so that the movement of raw materials, finished products, and employees can be carried on efficiently.

(3)

To separate traffic, noise, and other obtrusive characteristics of intense industrial activity from the more sensitive commercial, residential, and open space areas of the city.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the I-1, Light Industrial District shall be 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.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the I-2, General Industrial District shall be 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.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the I-S, Industrial Storage District shall be to provide areas bordering city limits and areas adequately buffered with open land to permit storage of petroleum products and other similar storage uses.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The mixed-use districts shall be established to accomplish the general purposes outlined in the comprehensive plan and to foster a development pattern that encourages a mix of supportive residential and commercial uses and supports a multi-modal transportation system that services all users. These districts will integrate places to live, shop, work and play. The mixed-use districts are intended to help shape the city's downtown and small-town identity and encourage a variety of housing types in proximity to businesses, services and jobs.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the MX-1, Downtown Mixed-Use District shall be 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.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the MX-2, Transit-Oriented Mixed-Use District is 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.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the MX-3, General Mixed- Use 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. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

The specific intent of the MX-4, Mixed Use Buffer District is to provide for a mix of residential, commercial, and office uses that provide a transition area and buffer between industrial uses and nearby residential and mixed-use districts. The uses in the district must be compatible in type, location, and scale with nearby residential and mixed-use districts.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

For lots and structures in nonresidential districts:

(1)

Nonresidential district requirements.

* 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 section 36-8, 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.

(2)

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:

* 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.

(3)

Densities in the MX-2 District.

a.

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

b.

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

c.

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

(4)

Additional requirements in the MX-4 District. All nonresidential uses in the MX-4 District, except park and open space uses, shall be set back from the common boundary with residential zoning districts and from existing residential uses in the MX-4 District by a minimum of 300 feet.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021)

(a)

Uses in the Mixed-Use Districts.

P = Permitted use.

C = Permitted with a conditional use permit.

N = Not permitted.

I = Interim use permit.

PUD = Permitted with a planned unit development.

* See section 36-242, qualifying criteria, for uses in nonresidential and mixed use districts.

(b)

Business and industrial district uses.

P = Permitted use.

C = Permitted with a conditional use permit.

N = Not permitted.

I = Interim use permit.

* See section 36-242, qualifying criteria, for uses in nonresidential and mixed use districts.

(Ord. of 02-20-2020(2); Ord. No. 2021-03, 3-18-2021; Ord. No. 2022-03, 5-19-2022; Ord. No. 2024-02, § 1, 3-7-2024)

(a)

Brewery, craft. 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 5,000 barrels of malt liquor a year in order to ensure operational and design compatibility with the particular location.

(b)

Contracting Offices. In MX districts, a conditional use permit may be 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. 2022-03, 5-19-2022)