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Newport City Zoning Code

CHAPTER 14

16 - ACCESSORY USES AND STRUCTURES11


Footnotes:
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(Ordinance No. 2055, June 17, 2013)


14.16.010 - Purpose

The provisions of this section are intended to establish the relationship between primary and accessory structures or uses and to specify development criteria for accessory structures or uses.

14.16.020 - General Provisions

A.

Accessory uses and structures are those of a nature customarily incidental and subordinate to the primary use of a property. Typical accessory structures include detached garages, sheds, workshops, greenhouses, gazebos, and similar structures that, with the exception of accessory dwelling units, are not intended for habitation by people. The Community Development Director, or the Director's designee, shall determine if a proposed accessory use is customarily associated with, and subordinate to, a primary use and may at his/her discretion elect to defer the determination to the Planning Commission. A determination by the Planning Commission shall be processed and authorized under a Type III decision making procedure as provided by Chapter 14.52, Procedural Requirements.

B.

An accessory use or structure includes a single tent, not more than 120 square feet in size, used to camp free of charge in the backyard of a lot, parcel, or tract with an occupied dwelling unit.

C.

An accessory use or structure shall be subject to, and comply with, the same requirements that apply to the primary use except as provided in this section.

(Ordinance No. 2206, February 21, 2023; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

14.16.030 - Accessory Use or Structure on a Separate Lot or Parcel

An accessory use or structure may be located on a lot or parcel that is separate from the primary use provided:

A.

The lot or parcel upon which the accessory use or structure is to be located is contiguous to the property containing the primary use; and

B.

The subject lots or parcels are under common ownership and within the same zone district; and

C.

A deed restriction, in a form approved by the city, is recorded stating that the property on which the accessory use or structure is to be located cannot be sold or otherwise transferred separate from the lot or parcel containing the primary use. This restriction shall remain in effect until a primary use is situated on the same lot or parcel as the accessory building or the accessory building is removed.

14.16.040 - Development Standards (Excluding Accessory Dwelling Units)

Accessory buildings and structures, except for Accessory Dwelling Units, shall conform to the following standards:

A.

The maximum floor area of the accessory structure in a residential zoning district shall not exceed 1,500 square feet or 65 percent of the total floor area of the primary structure, whichever is less.

B.

The maximum height of an accessory building in a residential zoning district shall not exceed that of the primary structure.

C.

Accessory buildings shall not extend beyond the required front yard setback lines of adjacent lots or parcels.

D.

Regardless of the setback requirements, a rear yard in a residential zone district may be reduced to five feet for a one-story detached accessory building provided the structure does not exceed 625 square feet in size and 15 feet in height.

14.16.050 - Development Standards - Accessory Dwelling Unit Standards

Accessory Dwelling Units shall conform to the following standards:

A.

Accessory Dwelling Units are exempt from the housing density standards of residential zoning districts.

B.

A maximum of one Accessory Dwelling Unit is allowed for each detached single-family dwelling on a lot or parcel.

C.

Accessory Dwelling Units may be a portion of the primary dwelling, attached to a garage, or a separate free-standing unit.

D.

The maximum floor area for a freestanding Accessory Dwelling Unit shall not exceed 800 square feet or 75 percent of the area of the primary dwelling, whichever is less.

E.

The maximum floor area for an Accessory Dwelling Unit that is a portion of a primary dwelling or attached to a garage shall not exceed 800 square feet or 75 percent of the area of the primary dwelling, whichever is less. However, an Accessory Dwelling Unit that results from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the Accessory Dwelling would be more than 800 square feet.

F.

The maximum height of an Accessory Dwelling Unit detached from the primary dwelling shall not exceed that of the primary dwelling. An Accessory Dwelling Unit attached to the primary dwelling is subject to the height limitation of the residential zone district within which it is located.

G.

Accessory Dwelling Units shall not extend beyond the required front yard setback lines of the adjacent lots or parcels.

(Ordinance No. 2152, November 4, 2019; Ordinance No. 2182, May 17, 2021)

14.16.060 - Conditional Use Approval of Accessory Dwelling Units

If one or more of the standards of this chapter cannot be met, an owner may seek approval of an Accessory Dwelling Unit as a Conditional Use, pursuant to Chapter 14.34. A Conditional Use Permit may allow relief from one or more of the standards of the Chapter, but does not excuse the owner from complying with the standards that can be satisfied.