Newport City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE I
GENERAL PROVISIONS
Sections
- § 1-1 TITLE.
- § 1-2 AUTHORIZATION.
- § 1-3 EFFECTIVE DATE.
- § 1-4 APPLICABILITY AND JURISDICTION.
- § 1-4.1 BONA-FIDE FARM EXEMPTION (G.S. § 160D-903(c)).
- § 1-5 PURPOSE AND INTENT.
- § 1-6 CONSISTENCY WITH ALL ADOPTED PLANS AND POLICIES.
- § 1-6.1 IMPLEMENTATION OF PLAN.
- § 1-6.2 AMENDMENTS TO THIS ORDINANCE AND THE CORE CAMA LAND USE PLAN.
- § 1-7.1 LITERAL INTERPRETATION.
- § 1-7.2 RULES OF LANGUAGE AND CONSTRUCTION.
- § 1-8.1 CONFLICT WITH STATE OR FEDERAL REGULATIONS.
- § 1-8.2 CONFLICT WITH LOCAL REGULATIONS.
- § 1-8.3 CONFLICT WITH PRIVATE AGREEMENTS AND CONTRACTS.
- § 1-9 OFFICIAL ZONING MAP.
- § 1-10.1 EFFECT ON VALID BUILDING PERMITS AND VESTED RIGHTS.
- § 1-10.2 OTHER APPROVALS GRANTED PRIOR TO THE EFFECTIVE DATE.
- § 1-10.3 APPLICATIONS IN PROCESS PRIOR TO THE EFFECTIVE DATE.
- § 1-10.4 VIOLATIONS CONTINUE.
- § 1-11 SEVERABILITY.
ARTICLE II
ADMINISTRATION
Sections
- § 2-1.1 ADMINISTRATIVE BODIES.
- § 2-1.2 ORGANIZATION.
- § 2-2.1 ORGANIZATION.
- § 2-2.2 POWERS AND DUTIES.
- § 2-3.1 AUTHORITY AND ESTABLISHMENT.
- § 2-3.2 MEMBERSHIP.
- § 2-3.3 QUORUM.
- § 2-3.4 TERMS.
- § 2-3.5 POWERS AND DUTIES.
- § 2-3.6 VOTING.
- § 2-4.1 AUTHORITY AND ESTABLISHMENT.
- § 2-4.2 MEMBERSHIP.
- § 2-4.3 QUORUM.
- § 2-4.4 POWERS AND DUTIES.
- § 2-4.5 VOTING.
- § 2-5.1 APPOINTMENT.
- § 2-5.2 POWERS AND DUTIES.
- § 2-5.3 TECHNICAL REVIEW COMMITTEE.
- § 2-6 SUMMARY OF REVIEW AND APPROVAL AUTHORITY.
ARTICLE III
REVIEW AND APPROVAL PROCEDURES
Sections
- § 3-1 PURPOSE AND INTENT.
- § 3-2 NO CONSTRUCTION TO COMMENCE WITHOUT A PERMIT.
- § 3-2.1 INSPECTIONS OF WORK IN PROGRESS.
- § 3-2.2 EXPIRATION OF BUILDING PERMITS.
- § 3-3.1 AUTHORITY TO FILE APPLICATION.
- § 3-3.2 APPLICATION CONTENT.
- § 3-3.3 FEES.
- § 3-3.4 SUBMISSION AND REVIEW SCHEDULE.
- § 3-3.5 APPLICATION SUBMISSION.
- § 3-3.6 DETERMINATION OF COMPLETENESS.
- § 3-3.7 FINAL APPROVAL BY THE ORDINANCE ADMINISTRATOR.
- § 3-3.8 PREPARATION OF STAFF REPORT.
- § 3-3.9 PUBLIC HEARINGS.
- § 3-3.10 PUBLIC NOTIFICATION.
- § 3-3.11 CONDITIONS OF APPROVAL.
- § 3-3.12 DEFERRAL OF APPLICATION.
- § 3-3.13 CHANGES TO APPLICATION AFTER NOTICE OF PUBLIC HEARING.
- § 3-3.14 WITHDRAWAL OF APPLICATION.
- § 3-3.15 NOTIFICATION FOR DECISION TO APPLICANT.
- § 3-3.16 LAPSE OF APPROVAL.
- § 3-3.17 EXAMINATION OF APPLICATION AND SUPPORTING DOCUMENTS.
- § 3-4 STANDARDS, PROCEDURES, AND REQUIREMENTS FOR DEVELOPMENT APPLICATIONS.
- § 3-4.1 ZONING MAP AMENDMENT.
- § 3-4.2 CONDITIONAL ZONING DISTRICT CLASSIFICATION.
- § 3-4.3 UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT.
- § 3-4.4 SPECIAL USE PERMIT.
- § 3-4.5 VARIANCE.
- § 3-4.6 APPEALS OF ADMINISTRATIVE DECISIONS.
- § 3-4.7 SITE-SPECIFIC VESTING PLANS.
- § 3-4.8 CONCEPTUAL SITE PLAN.
- § 3-4.9 SITE PLAN.
- § 3-4.10 LAND DEVELOPMENT PERMIT.
- § 3-4.11 CERTIFICATE OF COMPLIANCE .
- § 3-4.12 SUBDIVISIONS.
ARTICLE IV
ENFORCEMENT
Sections
- § 4-1 PURPOSE AND INTENT.
- § 4-2 COMPLIANCE REQUIRED.
- § 4-3.1 VIOLATIONS GENERALLY.
- § 4-3.2 SPECIFIC VIOLATION.
- § 4-4 RESPONSIBLE PERSONS.
- § 4-5.1 RESPONSIBLE PERSONS.
- § 4-5.2 COMPLAINTS REGARDING VIOLATIONS.
- § 4-5.3 ENFORCEMENT PROCEDURES.
- § 4-6 REMEDIES AND PENALTIES (G.S. § 160D-404(c)).
- § 4-6.1 CIVIL PENALTY.
- § 4-6.2 STOP WORK ORDER.
- § 4-6.3 REVOCATION OF PERMIT.
- § 4-6.4 INJUNCTION.
- § 4-6.5 ORDER OF ABATEMENT.
- § 4-6.6 EQUITABLE REMEDY.
- § 4-6.7 CRIMINAL PENALTIES.
- § 4-6.8 EXECUTION OF COURT DECISIONS.
- § 4-6.9 DENY OR WITHHOLD PERMITS.
- § 4-7 CUMULATIVE PENALTIES.
- § 4-8 CONTINUING VIOLATIONS.
ARTICLE VII
DISTRICT REGULATIONS
Sections
- § 7-0 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS.
- § 7-1a R-20 RESIDENTIAL AGRICULTURAL DISTRICT.
- § 7-1b R-20A RESIDENTIAL SINGLE-FAMILY DISTRICT.
- § 7-1c R-20MH RESIDENTIAL SINGLE-FAMILY, MANUFACTURED HOME (MOBILE HOME) DISTRICT.
- § 7-2 R-15 RESIDENTIAL SINGLE-FAMILY DISTRICT.
- § 7-3 R-8 AND R-10 HIGH DENSITY RESIDENTIAL DISTRICTS.
- § 7-4 R-15D RESIDENTIAL TOWNHOUSE DISTRICT.
- § 7-7.1 RO RESIDENTIAL OFFICE DISTRICT.
- § 7-7.2 NB-1 NEIGHBORHOOD BUSINESS DISTRICT.
- § 7-7.3 CD COMMERCIAL DOWNTOWN DISTRICT.
- § 7-7.4 CH COMMERCIAL HIGHWAY DISTRICT.
- § 7-7.5 LI LIGHT INDUSTRIAL DISTRICT.
- § 7-7.6 IW INDUSTRIAL WAREHOUSE DISTRICT.
ARTICLE VIII
ACCESSORY USES
Sections
- § 8-1 HOME OCCUPATIONS.
- § 8-2 ACCESSORY STRUCTURES.
- § 8-2.1 SIZE OF ACCESSORY STRUCTURES.
- § 8-2.2 LOCATION OF ACCESSORY STRUCTURES.
- § 8-3 SWIMMING POOLS.
- § 8-4 STABLES AND KENNELS.
- § 8-5 ANIMALS PROHIBITED AS ACCESSORY USES.
- § 8-6 COMPANION UNIT.
- § 8-7 YARD OR GARAGE SALES.
- § 8-8 FALLOUT SHELTERS.
- § 8-9 PHOTOVOLTAIC SYSTEMS (SOLAR PANELS) AND OTHER SOLAR DEVICES.
- § 8-10 OTHER INNOVATIVE ENERGY SYSTEMS.
ARTICLE IX
PROVISIONS FOR SPECIAL USES
Sections
- § 9-1 GENERAL RESTRICTIONS.
- § 9-2 ADDITIONAL RESTRICTIONS AND REVOCATION OF PERMITS.
- § 9-3 USES WHICH MAY BE PERMITTED.
- § 9-3.1 CEMETERY.
- § 9-3.2 GOLF COURSE.
- § 9-3.3 CONVALESCENT, NURSING HOME, REST OR CARE HOME.
- § 9-3.4 CHILD DAY CARE.
- § 9-3.5 CONDOMINIUM.
- § 9-3.6 MANUFACTURED HOME PARKS (MOBILE HOME PARK).
- § 9-3.6.1 PARK DEVELOPMENT STANDARDS.
- § 9-3.6.2 MANUFACTURED HOME LOT DEVELOPMENT STANDARDS.
- § 9-3.6.2.1 LOT SIZE.
- § 9-3.6.2.2 SETBACK REQUIREMENTS.
- § 9-3.6.3 OTHER STANDARDS.
- § 9-3.6.4 SIGNS.
- § 9-3.7 LODGES.
- § 9-3.8 PUBLIC UTILITY BUILDINGS AND USES.
- § 9-3.9 SCHOOLS.
- § 9-3.10 LANDING STRIPS FOR AIRCRAFT AND HELIPORTS.
- § 9-3.11 DRIVE-IN THEATERS.
- § 9-3.12 FAMILY CARE HOME.
- § 9-3.13 LAND APPLICATION OF SEWAGE AFFLUENT.
- § 9-3.14 MINING, BORROW PITS.
- § 9-3.14.1 SPECIAL REQUIREMENTS.
- § 9-3.14.2 FACTORS RELATING TO APPROVAL.
- § 9-4.1 ANTI-SKID ROW REGULATIONS.
- § 9-4.2 PRINCIPAL PERMITTED USES.
- § 9-4.3 PROXIMITY RESTRICTIONS.
- § 9-4.4 APPLICATION TO EXISTING ESTABLISHMENTS.
- § 9-5.1 DEFINITIONS.
- § 9-5.2 PROCEDURE.
- § 9-5.3 APPLICATION REQUIREMENTS.
- § 9-5.4 APPROVAL PROCEDURE.
- § 9-5.5 COMPLIANCE.
- § 9-5.6 OPERATION PERMIT.
- § 9-5.6.1 PERIODIC INSPECTION.
- § 9-5.7 LOCATION AND GENERAL REQUIREMENTS.
- § 9-5.8 DEVELOPMENT STANDARDS.
- § 9-5.9 RULES.
- § 9-6 TALL STRUCTURES; GENERAL.
- § 9-6.1 WIND ENERGY FACILITIES (SPECIAL USE).
- § 9-6.1a APPLICATION AND ADMINISTRATIVE REQUIREMENTS.
- § 9-6.1b MINIMUM SETBACK REQUIREMENTS.
- § 9-6.1c LOCAL ENVIRONMENTAL ISSUES.
- § 9-6.1d LIABILITY INSURANCE.
- § 9-6.1e REAL PROPERTY VALUE PROTECTION REQUIREMENT.
- § 9-6.1f SECURITY AND SAFETY OF WEFs.
- § 9-6.1g RESERVATION OF AUTHORITY TO INSPECT WEFs.
- § 9-7 WIRELESS TELECOMMUNICATIONS SERVICES (WTS) DEVELOPMENT REQUIREMENTS.
- § 9-7.1 BOARD OF ADJUSTMENT REVIEW/APPROVAL.
- § 9-7.2 DEVELOPMENT STANDARD.
- § 9-7.2.1 SETBACKS.
- § 9-7.2.2 FENCING.
- § 9-7.2.3 BUFFER AND SCREENING.
- § 9-7.2.4 LIGHTS.
- § 9-7.2.5 SIGNS, OUTDOOR ADVERTISING.
- § 9-7.2.6 REMOVAL OF ABANDONED OR DAMAGED TOWERS.
- § 9-7.3 EXCEPTIONS TO BOARD OF ADJUSTMENT REVIEW/APPROVAL.
- § 9-8 OUTDOOR ENTERTAINMENT DEVELOPMENT STANDARDS.
- § 9-8.1 MINIATURE GOLF COURSE DEVELOPMENT STANDARDS.
- § 9-8.2 AMUSEMENT PARK RIDES AND THEME PARKS.
- § 9-8.3 LARGE SCALE RECREATIONAL FACILITIES.
- § 9-9 SOLAR FARM FACILITIES (SPECIAL USE).
- § 9-9.1 DEVELOPMENT STANDARDS.
- § 9-9.2 GATES, LOCKS AND OTHER SAFETY REQUIREMENTS.
- § 9-9.3 SETBACK.
- § 9-9.4 EVERGREEN VEGETATIVE BUFFER.
ARTICLE XI
GENERAL AND SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
Sections
- § 11-1 WALLS AND FENCES.
- § 11-1.1 HAZARDOUS LOCATIONS.
- § 11-2 STRUCTURES EXCLUDED FROM HEIGHT LIMITATIONS.
- § 11-3 SUBSTANDARD LOTS OF RECORD.
- § 11-3.1 ADJOINING LOTS.
- § 11-3.2 LOTS NOT MEETING SIZE REQUIREMENTS.
- § 11-3.3 SIDE YARD REQUIREMENTS.
- § 11-5 SEDIMENTATION AND STORM WATER MANAGEMENT.
- § 11-6 OUTDOOR MERCHANDISE DISPLAY.
- § 11-7 HABITABLE TRAILERS.
ARTICLE XII
LANDSCAPING AND BUFFERING
Sections
- § 12-1.1 ADMINISTRATIVE AND GENERAL REQUIREMENTS.
- § 12-1.2 APPLICATION AND PERMITTING.
- § 12-1.3 VISIBILITY AT INTERSECTIONS.
- § 12-1.4.1 RESTRICTIONS.
- § 12-1.4.2 PROHIBITED PLANTS.
- § 12-1.5 REQUIREMENT CONFLICTS.
- § 12-1.6 WAIVER OF SCREENING REQUIREMENTS AND OTHER EXCEPTIONS.
- § 12-1.7 LANDSCAPING INSTALLATION.
- § 12-1.8 EROSION AND SEDIMENTATION CONTROL CRITERIA.
- § 12-1.9 MAINTENANCE RESPONSIBILITY.
- § 12-2. BUFFERS AND SCREENING.
- § 12-2.1 INCREASE IN BUFFERING.
- § 12-3.1 WHERE LANDSCAPE MATERIALS ARE REQUIRED.
- § 12-3.2 EXISTING DEVELOPED SITES.
- § 12-4 RESIDENTIAL LANDSCAPING OTHER THAN MULTI-FAMILY OR PUD DEVELOPMENT.
- § 12-5.1 PARKING LOTS.
- § 12-5.2 STREET FRONTAGE REQUIREMENTS.
- § 12-5.3 SHRUBS, BERMS, WALLS AND FENCES.
- § 12-5.3.1 SHRUBS.
- § 12-5.3.2 BERMS.
- § 12-5.3.3 WALLS AND FENCES.
- § 12-5.4 BUILDING FOUNDATION PERIMETER PLANTING.
- § 12-5.4.1 SHRUBS.
- § 12-5.5 OUT OF DOORS DISPLAY AREAS.
- § 12-5.5.1 INTERIOR COVERAGE REQUIREMENTS.
- § 12-5.5.2 TREES.
- § 12-5.5.3 PLANTINGS WHICH MAY NOT COUNT TOWARD MEETING INTERIOR COVERAGE REQUIREMENTS.
- § 12-5.5.4 STREET FRONTAGE REQUIREMENTS.
- § 12-5.5.5 EXCEPTIONS FOR THE STREET FRONTAGE REQUIREMENTS.
- § 12-5.5.6 TREES.
- § 12-5.5.7 SHRUBS, BERMS, WALLS AND FENCES.
- § 12-5.6 DUMPSTERS AND TRASH RECEPTACLES AREA.
- § 12-5.6.1 SOLID FENCE OR WALL.
- § 12-5.6.2 PLANTS.
- § 12-5.7 LOADING DOCKS.
- § 12-5.7.1 SOLID FENCE OR WALL.
- § 12-5.7.2 EVERGREEN PLANTS.
- § 12-6 FREESTANDING SIGN LANDSCAPING.
ARTICLE XIII
OFF-STREET PARKING AND ACCESS REQUIREMENTS
Sections
- § 13-1 GENERAL PROVISIONS.
- § 13-2 PROHIBITION OF REDUCTION IN SIZE AND NUMBER OF SPACES.
- § 13-3 REQUIRED BICYCLE SPACES.
- § 13-4 ACCESSIBLE HANDICAPPED PROVISIONS.
- § 13-5 MINIMUM OFF-STREET PARKING TABLE.
- § 13-6 OFF-STREET LOADING AND UNLOADING.
- § 13-6.1 SPACES APPROPRIATE TO FUNCTION.
- § 13-6.2 DESIGN OF LOADING SPACES.
- § 13-7 PARKING DESIGN CRITERIA.
- § 13-8 DEVELOPMENT AND MAINTENANCE OF PARKING SPACES.
ARTICLE XIV
SIGNS
Sections
- § 14-0 DEFINITIONS.
- § 14-1 PURPOSE AND INTENT.
- § 14-2 GENERAL PROVISIONS.
- § 14-2.1 SIGN PROGRAM.
- § 14-2.2 TRAFFIC SAFETY.
- § 14-2.3 SIGN SAFETY.
- § 14-3.1 ADMINISTRATION.
- § 14-3.2 FILING PROCEDURE.
- § 14-4 MAINTENANCE.
- § 14-5 PROHIBITED SIGNS.
- § 14-5.1 SETBACK REQUIREMENTS.
- § 14-6 ILLUMINATION.
- § 14-7 NONCONFORMING SIGNS.
- § 14-8.1 TEMPORARY SIGNS WHICH DO NOT REQUIRE A PERMIT.
- § 14-8.2 ROADSIDE “PICK YOUR OWN” SIGNS.
- § 14-8.3 SIGNS ON VEHICLES.
- § 14-8.4 PUBLIC INTEREST SIGNS PERMITTED IN ALL DISTRICTS.
- § 14-9 TEMPORARY SIGNS, IN OTHER THAN RESIDENTIAL ZONES, WHICH REQUIRE A PERMIT.
- § 14-10 PERMANENT SIGNS WHICH REQUIRE A PERMIT.
- § 14-11 ON-PREMISES PERMANENT FREESTANDING SIGNS.
- § 14-11.1 COMMERCIAL ZONE ALONG TWO LANE, 35 AND 45 MPH ROADS.
- § 14-11.2 COMMERCIAL ZONE ALONG A 55 MPH ROAD.
- § 14-11.3 SHOPPING CENTERS.
- § 14-11.4 INDUSTRIAL PARK SIGN.
- § 14-11.5 SPECIAL USE SIGN.
ARTICLE XV
GENERAL PROVISIONS
Sections
- § 15-1 INTERPRETATION AND APPLICATION.
- § 15-2 ZONING AFFECTS ALL LAND AND BUILDINGS.
- § 15-3 ONLY ONE PRINCIPAL USE UPON ANY LOT.
- § 15-4 REDUCTION OR CHANGE IN LOT SIZE.
- § 15-4.1 TOWNHOUSE.
- § 15-5 MAINTENANCE OF OPEN SPACES, PROJECTIONS INTO REQUIRED YARDS.
- § 15-6 STREET ACCESS.
- § 15-7 LOTS WITH MULTIPLE FRONTAGES.
- § 15-8 USES PROHIBITED.
ARTICLE XVI
SUBDIVISIONS
Sections
- § 16-1 GENERAL PROVISIONS.
- § 16-2 SPECIFIC REQUIREMENTS.
- § 16-2.1 ALLEYS.
- § 16-2.2 BLOCKS.
- § 16-2.3 BUFFER STRIPS.
- § 16-2.4 BUILDING SETBACK LINES.
- § 16-2.5 CUL-DE-SAC.
- § 16-2.6 EASEMENTS.
- § 16-2.7 ROAD GRADES.
- § 16-2.8 HORIZONTAL CURVES.
- § 16-2.9 ROAD INTERSECTIONS.
- § 16-2.10 LOTS.
- § 16-2.11 PEDESTRIAN WALKWAYS.
- § 16-2.12 RIGHTS-OF-WAY AND PAVEMENT WIDTHS.
- § 16-2.13 STREETS.
- § 16-3 GENERAL PROVISIONS.
- § 16-4.1 PERMANENT SURVEY REFERENCE MARKERS.
- § 16-4.2 PERMANENT CONCRETE MONUMENTS.
- § 16-4.3 STEEL OR IRON MARKERS.
- § 16-4.4 ELECTRICAL AND TELEPHONE SERVICES.
- § 16-4.5 OPEN SPACE RESERVATION FOR PARKS, PLAYGROUNDS OR RECREATIONAL.
- § 16-4.5.1 PRIVATE OWNERSHIP OF PARKS AND RECREATION AREAS.
- § 16-4.5.2 DULY RECORDED INSTRUMENTS.
- § 16-4.5.3 AREA DEVOTED TO PARKS AND RECREATION.
- § 16-4.5.4 FORMULA FOR AREA SET ASIDE.
- § 16-4.5.5 CRITERIA FOR EVALUATING SUITABILITY.
- § 16-4.5.6 FEES IN LIEU OF LAND SET ASIDE.
- § 16-4.6 PAVING AND STREET IMPROVEMENT.
- § 16-4.7 SEWAGE DISPOSAL.
- § 16-4.8 SIDEWALKS.
- § 16-4.9 STREET LIGHTS.
- § 16-4.10 STREET NAME MARKERS.
- § 16-4.11 TREES AND PRESERVATION OF NATURAL ENVIRONMENT.
- § 16-4.12 SURFACE WATER DRAINAGE AND SEDIMENTATION CONTROLS.
- § 16-4.13 WATER SUPPLY.
- § 16-4.14 HOUSE NUMBERS.
- § 16-4.15 OTHER REQUIREMENTS.
- § 16-5 NO SERVICE OR PERMIT UNTIL FINAL PLAT APPROVAL.
- § 16-6 COMPLIANCE WITH THE LAND DEVELOPMENT AND THOROUGHFARE PLANS, SCHOOL SITES.
- § 16-7 TOWN COSTS WHEN OVERSIZE FACILITIES ARE REQUIRED.
- § 16-8 PENALTY.
- § 16-8.1 TRANSFER OR SELL ILLEGAL SUBDIVISION, CLASS 2 MISDEMEANOR (G.S. § 160D-807).
- § 16-8.2 BUILDING PERMITS DENIED.
APPENDIX A-3
REQUIRED CERTIFICATES
Sections
- Certificate of Ownership and Dedication
- Certificate of Survey and Accuracy
- Certificate of Review Officer
- Certificate of Approval for Recordation
- Certificate of Approval for Proposed Town Streets
- Certificate of Approval for Recordation and Acceptance of Dedications
- Certificate of Approval for Proposed State Streets
- Certificate of Lots Served by Public Water and/or Sewer Systems
- Certificate of Approval of On-Site Sewage Disposal Systems
- Certificate of Exemption