The various districts hereby established and into which the Town of Newport and the extraterritorial jurisdiction are divided are designated as follows:

 

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-21)

   A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations and the adopted Core CAMA Land Use Plan.

(Ord. 2021-02, passed 6-14-21)

   Conditional Zoning Districts shall be established only in accordance with the procedures set forth in § 3.4.2, Conditional Zoning District Classification, and may not contain conditions which are less restrictive than this ordinance or other applicable regulation.

Ord. 2021-02, passed 6-14-21)

   No use shall be permitted within a Conditional Zoning District except pursuant to the conditions imposed as part of the approval. The permitted uses shall be limited to those permitted in the corresponding base zoning district unless otherwise restricted in the conditions set forth in the approval of the Conditional Zoning District.

Ord. 2021-02, passed 6-14-21)

   a.   Base zoning district standards apply. All standards and requirements that apply to the corresponding base zoning district shall also apply to the Conditional Zoning District.

   b.   No less restrictive than base district. Conditions imposed on a conditional zoning district may be no less restrictive than the standards that apply to the corresponding base zoning district.

   c.   Stricter standards adopted. Existing conditions or limitations associated with an approved Conditional Zoning District classification shall become null and void if future amendments to this ordinance require stricter standards than those imposed under the Conditional Zoning District classification.

   d.   Application of conditions. In cases where the ability to implement an approved Conditional Zoning District condition is impossible or impractical (e.g. a condition requiring trees to be preserved when the trees have subsequently died due to natural causes), the Ordinance Administrator shall enforce the condition in a way that most closely meets the condition's original intent.

Ord. 2021-02, passed 6-14-21)

   Each base zoning district shall have a corresponding "parallel" Conditional Zoning District. Conditional Zoning District classifications shall be indicated on the Official Zoning Map by the affix "CD" behind the associated base zoning district. The Conditional Zoning Districts are:

   a.   R8-CD.

   b.   R-10-CD.

   c.   R-15-CD.

   d.   R-15D-CD.

   e.   R-20-CD.

   f.   R-20A-CD.

   g.   R-20MH-CD.

   h.   RO-CD.

   i.   NB-1-CD.

   j.   CD-CD.

   k.   CH-CD.

   l.   LI-CD.

   m.   IW-CD.

Ord. 2021-02, passed 6-14-21)

   a.   General. The Planned Unit Development District (PUD) is a special purpose Conditional Zoning District that is established in order to accommodate a diverse mix of residential and nonresidential uses and structures that function as a cohesive, integrated and unified development. This district encourages innovative development patterns by allowing flexibility in permitted uses, design and layout requirements in conjunction with a conceptual site plan. This district may only be established through the process set forth in § 3-4.2, Conditional Zoning District Classification.

   b.   Planned Unit Development standards.

      (1)   Minimum size. The minimum size for an application for Conditional Zoning District classification to a PUD District is five contiguous acres.

      (2)   Permitted uses. Planned unit developments may contain any use which is permitted by right, by Conditional Zoning District, or by special use permit in the R-20, R-15, R-10, RO, or NB-1 districts.

      (3)   Preservation of environmentally sensitive areas. All areas of wetlands, floodways, and other environmentally sensitive areas must be preserved as open space.

      (4)   Residential density. The overall residential density of the PUD is established by the conceptual site plan as part of the Conditional Zoning District classification.

      (5)   Minimum lot size. Minimum lot sizes in each area of the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification. Where a residential portion of a PUD abuts a platted or developed residential subdivision, the minimum lot size of the adjoining district shall be utilized for all adjoining properties in the PUD.

      (6)   Minimum interior setbacks. Setback requirements within the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification. While no minimum setback is required, if one is provided it must be at least five feet in width.

      (7)   Minimum street setbacks. Minimum street (front yard) setbacks within the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification.

      (8)   Maximum height. Maximum height restrictions within the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification.

      (9)   Open space and recreation facilities. Open space areas and recreation facilities must be provided in accordance with this ordinance.

      (10)   Nonresidential area. Nonresidential areas and adjacent residential areas must be arranged in such a manner that convenient pedestrian access is provided between and within those areas.

      (11)   Parking and loading. Off-street parking and loading areas must be provided in accordance with this ordinance.

      (12)   Street design. All streets must be designed in accordance with this ordinance.

      (13)   Signage.

         (a)   A common signage plan must be included as part of the conceptual site plan. This common signage plan shall specify the size, type, height, setback, location, design, illumination, and number of signs to be allowed in the PUD. All signs included in the common signage plan shall utilize the same coordinated colors, styles, and lettering schemes throughout the development.

         (b)   Signs allowed in residential portions of the PUD may be no less restrictive than the standards set forth for signs in the R-15 district.

         (c)   Signs allowed in nonresidential portions of the PUD may be no less restrictive than the standards set forth for signs in the NB-1 district.

      (14)   Landscaping. Landscaping standards for the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification.

      (15)   Buffering. Buffering standards for the PUD are established by the conceptual site plan as part of the Conditional Zoning District classification.

Ord. 2021-02, passed 6-14-21)