It is the purpose of this section to recognize the value of the natural resources as identified on the Ocean Shorelands Map contained in the Comprehensive Plan and not addressed by other sections of this Ordinance, more specifically, significant habitat, park and outstanding natural areas, and public access points. This section, in conjunction with the various underlying zones, implements the Natural Features policies contained in the City of Newport Comprehensive Plan.

For purposes of this section, the following definitions shall apply:

Natural Resources. A significant habitat, park, and outstanding natural area or public access point as inventoried on the Ocean Shorelands Map contained in the Comprehensive Plan.

Ocean Shorelands. Land with the Ocean Shorelands Boundary as shown on the Ocean Shorelands Map in the Comprehensive Plan.

Planning Director. The Planning Director for the City of Newport or designate.

Any permitted use or conditional use authorized in the underlying zone may be permitted, subject to the applicable provisions of this Ordinance and the additional provisions of this overlay zone.

Upon receipt of a request for a land use action or a building permit for property within the Ocean Shorelands, the Planning Director shall determine which natural resource is applicable. Applicants requesting approval of land use actions or building permits within areas subject to the provisions of this section shall submit, along with any application, a detailed site plan and written statement demonstrating how the proposed activities will conform to applicable standards in the section.

Upon acceptance of the application, the Community Development Department shall process the request in accordance with a Type II Land Use Action decision process consistent with Chapter 14.52, Procedural Requirements.

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

The following standards for the applicable natural resource shall be used in considering the findings required in Section 14.38.040:

A.

Significant Habitat.

1.

No residential, commercial, or industrial development shall be allowed within the boundaries of a significant habitat.

2.

Development proposed adjacent to a significant habitat shall be located no closer than 50 feet from the habitat area.

3.

Low intensity structural developments such as hiking trails, platforms for wildlife viewing, or similar types of educational, scientific, or recreational uses may be permitted within the boundaries of the significant habitat or the 50-foot setback area under the following conditions:

a.

Such development shall not act as a barrier to fish or wildlife.

b.

Such development shall not result in major disturbances or displacement of fish or wildlife.

c.

Such development shall not alter a water course.

d.

Such development shall not result in a permanent destruction of wetland vegetation.

B.

Park and Outstanding Natural Area.

1.

Residential, commercial, or industrial development is prohibited within a Park and Outstanding Natural Area boundary.

2.

Development proposed adjacent to a Park and Outstanding Natural Area shall be located no closer than 25 feet from the Park and Outstanding Natural Area.

3.

The setback area required in (2), above, shall comply with the following:

a.

Natural vegetation shall be maintained whenever possible.

b.

If natural vegetation cannot be maintained, it shall be replaced within one year after issuance of a final occupancy permit. A bond may be required by the Planning Director to cover the cost of such replacement.

C.

Public Access Points. Public access points shall be retained or replaced if sold, exchanged, or transferred.

(Ordinance No. 1344, November 7, 1983; Ordinance No. 1681, August 16, 1993; Ordinance No. 1989, January 1, 2010; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)