The purpose of this section is to provide for the installation, long-term maintenance and protection of trees, vegetation and other landscape elements within the City of Newport recognizing however, that development often times requires the removal of trees and other plant material. When removal is done, the purpose of this section is to require replacement that is attractive, well placed and enhances the overall appearance of the property and the City as a whole. It is further the purpose of this section to:

A.

Aid in air purification and storm water runoff retardation;

B.

Aid in the reduction of noise and glare;

C.

Provide visual buffers;

D.

Enhance the beauty of the city;

E.

Improve property values;

F.

Reduce erosion; and

G.

To protect and enhance the natural beauty, environment and greenspace within the City of Newport to advance economic development, attract residents and promote tourism.

For purposes of this section, the following definitions shall apply. Where no definition is given, the common usage of the word shall be used. If there is a conflict between the definitions contained in this section and the more general definitions contained in the definitions section of this Ordinance, this section shall apply.

Addition. An increase in the gross floor area.

Bayfront. The area of the city defined in the Bayfront Plan section of the City's Comprehensive Plan.

Buffer. The use of landscaping, or the use of landscaping along with berms or fences, that obscure the sight from an abutting property and uses, that at least partially and periodically obstructs view and noise. For purposes of this section, the buffer does not count toward the required landscaping.

City Center. The area of the city defined in Section 14.14.100(C) of this code.

Development. That which is done on a tax lot or parcel of property under one ownership pursuant to any permit issued by the City of Newport Department of Planning and Community Development.

Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Hanging Basket. A basket of flowers or other plant material that is over a public right-of-way or private property and attached to a building, pole, wall, tree or other attachment. In no case shall a hanging basket be less than eight feet above a sidewalk or other pedestrian way or within two feet of a street or driveway.

Landscaped Area. That area within the boundaries of a given lot or other area authorized for landscaping purposes which is devoted to and consists of landscaping.

Landscaping. Material placed in a landscaped area including but not limited to grass, trees, shrubs, flowers, vines and other groundcover, native plant materials, planters, brick, stone, natural forms, water forms, aggregate and other landscape features, provided, however that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic plant material. Landscaping does not include sidewalks, fences, walls, benches or other manufactured materials unless same is incidental to the total area of the landscaped area.

Landscaping Plan. A drawing to scale showing the location, types and density of landscaping.

Maintain or Maintenance. Any activity such as pruning, mulching, mowing, fertilizing, removal and replacement of dead vegetation and other similar acts that promote the life, growth, health or beauty of the landscape vegetation.

Nye Beach. The area of the City defined in the Historic Nye Beach Overlay District section of this Ordinance.

Planter. A decorative container for flowers, bushes, trees and other plant materials including but not limited to window boxes, planter boxes, flower pots and other containers.

Sight obscuring. Landscaping, berms, fences, walls or a combination of all those elements that completely blocks the ability to see through it.

Window or Planter Box. A decorative box, pot, or other container that contains flowers and other plant material that is placed immediately below a window, along a walkway or other location. In no case shall a window or planter box extend more than two feet or 20 percent of the distance from the building to the street curb into the public right-of-way, whichever is less.

(Ordinance No. 1827, September 7, 2000)

The provisions of this chapter shall apply to all new commercial, industrial, public/institutional, and multi-family development, including additions to existing development or remodels.

(Ordinance No. 2182, May 17, 2021; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

The objective of this section is to encourage the planting and retention of existing trees and other vegetation to improve the appearance of off-street parking areas, yard areas and other vehicular use areas; to protect and preserve the appearance, character, and value of surrounding properties, and thereby promote the general welfare, safety and aesthetic quality of the City of Newport; to establish buffer strips between properties of different land uses in order to reduce the effects of sight and sound and other incompatibilities between abutting land uses; to ensure that noise, glare and other distractions within one area does not adversely affect activity within the other area. Prior to the issuance of a building permit, landscaping plans showing compliance with this section are required.

A.

No landscape plan submitted pursuant to this section shall be approved unless it conforms to the requirements of this ordinance.

B.

Landscape plans shall be submitted for all development. Said plans shall include dimensions and distances and clearly delineate the existing and proposed building, parking space, vehicular access and the location, size and description of all landscape areas and materials.

C.

Landscaping shall not obstruct the view at the intersection of two or more streets or alleys; or at the intersection of a street and a driveway.

D.

A guarantee of performance bond or escrow agreement shall be required in an amount to be determined by the Planning Director and approved by the City Attorney as to form to ensure satisfactory completion of the landscaping plan as approved if the required landscaping is not installed prior to certificate of occupancy as required by the Building Code.

(Ordinance No. 2182, May 17, 2021)

All new development, except for one and two family residences, shall be required to install landscaping per this section. For purposes of this section, new development shall mean construction upon a vacant lot or a lot that becomes vacant by virtue of the demolition of an existing building. Landscaping shall be provided as follows:

A.

Area. Landscaping shall be ten percent of the total square footage of a lot or parcel.

B.

Location. Landscaping shall be located along a street frontage or frontages.

1.

For commercial and industrial zoned lots south of the Yaquina Bay Bridge that abut US 101, landscaping shall include a minimum 15-foot wide landscape buffer.

C.

Exceptions. The right-of-way between a curb and a property line, not counting any sidewalk, driveway or other hard surfaces, may be used and counted toward the required landscaping as long as it has been determined by the Planning Director that the right-of-way is not needed for future street expansion. A developer may also plant a street tree within the sidewalk and it shall count toward meeting landscaping requirements subject to approval by the Planning Director and the City Engineer. A window or planter box may also be used to meet landscaping requirements at a ratio of 1 to 1. If the developer chooses to exercise this option, he or she shall enter into an agreement that the landscaping in the right-of-way is to be maintained as landscaping.

D.

Landscaping and Screening for Parking Lots. The purpose of this subsection is to break up large expanses of parking lots with landscaping. Therefore, all parking areas or each parking bay where a development contains multiple parking areas shall comply with the following provisions:

1.

A minimum of ten percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. This ten percent landscaping requirement includes landscaping around the perimeter of parking areas as well as landscaped islands within parking areas. Such landscaping shall consist of canopy trees distributed throughout the parking area. A combination of deciduous and evergreen trees, shrubs, and ground cover plants is required. At a minimum, one tree per 12 parking spaces on average shall be planted over and around the parking area.

2.

All parking areas with more than 20 spaces shall provide landscape islands with trees that break up the parking area into rows of not more than 12 contiguous parking spaces. Landscape islands and planters shall have dimensions of not less than 48 square feet of area and no dimension of less than six feet, to ensure adequate soil, water, and space for healthy plant growth;

3.

All required parking lot landscape areas not otherwise planted with trees must contain a combination of shrubs and groundcover plants so that, within two years of planting, not less than 50 percent of that area is covered with living plants; and

4.

Wheel stops, curbs, bollards or other physical barriers are required along the edges of all vehicle-maneuvering areas to protect landscaping from being damaged by vehicles. Trees shall be planted not less than two feet from any such barrier.

5.

Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers, consistent with applicable nursery standards.

6.

The edges of parking lots shall be screened to minimize vehicle headlights shining into adjacent rights-of-way and residential yards. Parking lots abutting sidewalk or walkway shall be screened using a low-growing hedge or low garden wall to a height of between three feet and four feet.

7.

The provisions of this section do not apply to areas for the storage and/or display of vehicles.

(Ordinance No. 2199, August 15, 2022; Ordinance No. 2196, November 7, 2022)

For purposes of this section, addition means any development that increases the floor area of a building. Remodel is any work requiring a building permit. For additions and remodels, landscaping shall be provided as follows:

A.

Area. If the subject development after completion complies with the requirements for new development, no additional landscaping is required. If the subject development does not comply with the requirement for new development, landscaping shall be installed when there is a substantial improvement to the development.

In the case where a second addition or remodel is commenced within one year of the first addition or remodel, the two projects shall be counted as one with regard to determining whether or not the threshold for substantial improvement is met.

B.

Location. Landscaping shall be located along a street frontage or frontages.

1.

For commercial and industrial zoned lots south of the Yaquina Bay Bridge that abut US 101, landscaping shall include a minimum 15-foot wide landscape buffer.

C.

Exceptions. The right-of-way between a sidewalk and a property line may be used and counted toward the required landscaping as long as it has been determined by the Planning Director that the right-of-way is not needed for future street expansion. If the developer chooses to exercise this option, he or she shall enter into an agreement that the landscaping in the right-of-way is to be maintained as landscaping. In addition, window boxes may be substituted for surface landscaping. The calculation shall be one square foot of window box accounts for three square feet of surface landscaping as required in Subsection A of this section. A developer may also plant a street tree within the sidewalk and it shall count toward meeting landscaping requirements subject to approval by the Planning Director and the City Engineer.

(Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

Development in the Historic Nye Beach Design Review District shall follow the same landscaping requirements as Section 14.19.080 (City Center and Bayfront) of Chapter 14.19 if landscaping requirements are not specified elsewhere. If landscaping is required under a permit issued under the design review design guidelines or design standards, then the permit requirements shall be the applicable landscaping requirements. If the permit requirements specify landscaping requirements that are to be implemented in conjunction with, or in addition to, the landscape requirements of this section, then the landscaping requirements of the permit shall be implemented in conjunction with, or in addition to, the requirements of landscaping specified in Section 14.19.080 (City Center and Bayfront) of Chapter 14.19.

(Ordinance No. 1865, December 1, 2003)

Because the City Center and Bayfront areas were platted and built on very small lots and many of the existing buildings are located on or near the property lines, a strict area landscaping requirement is difficult to obtain and places an undue burden on the property owner. Those areas shall therefore be subject to this section rather than Sections 14.19.050 and 14.19.060 of this ordinance.

A.

New Development. The requirement for new development, defined as building on a vacant lot, shall be ten percent of the lot area. In lieu of the ten percent, hanging baskets or window/planter boxes may be substituted for surface landscaping, or any combination thereof. The calculation for square footage may be up to one square foot of hanging basket, planter box or window box for every three feet of otherwise required landscaping.

B.

Additions. Landscaping shall be required at a rate of ten percent of the area of the addition. In lieu of the ten percent, hanging baskets or window/planter boxes may be substituted for surface landscaping, or any combination thereof. The calculation for square footage may be up to one square foot of hanging basket, planter box or window box for every three feet of otherwise required landscaping.

C.

Remodels. Landscaping shall be required per Section 14.19.060 except that in lieu of providing surface landscaping, window/planter boxes or hanging baskets may be substituted at a rate of one square foot of window/planter box or hanging basket for every ten square feet otherwise required.

Landscaping required by this section, whether existing prior to January 1, 1999, or not, shall be reasonably maintained based on the time of year and kept free of weeds and garbage. Failure to maintain required landscaping may be found to be a violation and subject to penalties contained in Chapter 14.54 of this code.

Variances to the requirements of this section shall be subject to the processes and criteria contained in Chapter 14.33, Adjustments and Variances, and Chapter 14.52, Procedural Requirements. As a condition of approval, the Planning Commission may require a bond to assure satisfactory completion of the required landscaping. The Planning Commission may also approve, in lieu of providing a strict landscaping area, window or planter boxes in numbers and size to comply with the intent of this section or a reduction of up to 25 percent of the required landscaping when the Commission finds that the architectural character of the building is of such quality to justify the reduction. The Commission may also waive up to 25 percent of the area requirement if the developer puts in an automatic sprinkling system to water the landscaping. The required parking may be reduced up to ten percent of the number ordinarily required by this code if the parking spaces lost is put into landscaping. The site plan prepared by a registered surveyor as required by Section 14.33.040 is not required for a variance under this section. If there is a neighborhood design review process, that process supersedes the requirements in this section and, if the design review committee finds that the landscaping is consistent with their review, supersedes the need for a variance otherwise required by this section.

(Ordinance No. 1989, January 1, 2010)