The City of Newport Comprehensive Plan recognizes that lands designated "Destination Resort" shall be subject to and implemented by a Planned Destination Resort ("PDR") overlay zone. The requirements set forth in this section shall be applicable to all destination resort lands and, except where otherwise provided, are in addition to the applicable underlying zones. Application of the PDR overlay zone to specific properties is accomplished through Comprehensive Plan and Zoning Map amendments. Approval of a map amendment for a site signifies its suitability for development as a destination resort subject to the requirements of this section.

The purpose of the PDR overlay zone is to enhance and diversify the recreational opportunities in the City of Newport through the development of destination resorts that complement the natural and cultural attractiveness of the area without significant adverse effect to environmental and natural features, cultural or historic resources and their settings, and other significant resources. The PDR overlay zone provides for the development of destination resorts as recreational developments which provide visitor-oriented accommodations and recreational facilities for resort visitors and residents, consistent with the Comprehensive Plan.

It is the intent of this section to establish procedures and standards for developing large scale destination resorts while ensuring that all applicable land use requirements are achieved and available resources are used productively and efficiently.

The following uses shall be permitted outright provided they are part of, and are intended to serve persons at, a destination resort pursuant to this section, and are approved in a final development plan.

A.

Visitor-oriented accommodations designed to provide for the needs of visitors of the resort:

1.

Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time share units and similar transient lodging facilities;

2.

Convention and conference facilities and meeting rooms;

3.

Retreat centers;

4.

Restaurants, lounges, and similar eating and drinking establishments; and

5.

Other visitor oriented accommodations compatible with the purposes of this section.

B.

Developed recreational facilities designed to provide for the needs of visitors and residents of the resort:

1.

Golf courses and clubhouses;

2.

Indoor and outdoor swimming pools;

3.

Indoor and outdoor tennis courts;

4.

Recreational and health facilities;

5.

Marinas, docks, and boating facilities;

6.

Equestrian facilities;

7.

Shelters for ocean side activities;

8.

Wildlife observation shelters;

9.

Theaters;

10.

Adult recreation facilities;

11.

Family recreation facilities;

12.

Fishing facilities; and

13.

Walkways, bike paths, jogging paths, equestrian trails;

14.

Other recreational facilities compatible with the purposes of this section.

C.

Residential dwellings:

1.

Single-family dwellings;

2.

Two-family, cottage clusters, and multi-family dwellings;

3.

Town houses;

4.

Time-share projects; and

5.

Other residential dwellings compatible with the purposes of this section.

D.

Commercial services and specialty shops designed to provide for the visitors of the resort:

1.

Specialty shops, including but not limited to delis, clothing stores, book stores, and specialty food shops;

2.

Gift shops;

3.

Barber shops/beauty salons;

4.

Automobile service stations;

5.

Craft and art studios and galleries;

6.

Real estate offices;

7.

Grocery stores; and

8.

Other commercial services which provide for the needs of resort visitors and are compatible with the purposes of this section.

E.

Open space areas:

1.

Wildlife observation areas;

2.

Parks;

3.

Lakes;

4.

Golf courses; and

5.

Any land which is not part of the area for or accessory to visitor-oriented accommodations, developed recreational facilities and residential dwelling;

6.

Other open space areas compatible with the purposes of this section.

F.

Facilities necessary for public safety and utility service within the destination resort or the city, notwithstanding any limiting provision of this subsection to the contrary.

G.

Other uses permitted in the underlying zone compatible with the purposes of this section.

(Ordinance No. 1507, December 21, 1987; Ordinance No. 1790, July 6, 1998; Ordinance No. 2182; May 17, 2021)

The following accessory uses shall be permitted provided they are ancillary to the destination resort:

A.

Transportation-related facilities;

B.

Emergency medical facilities;

C.

Storage structures and areas;

D.

Kennels as a service for resort guests only;

E.

Heliports providing service to the destination resort only, if determined not to interfere with aeronautical operations at the Newport Municipal Airport; and

F.

Other accessory uses necessary to accomplish the purposes of this section.

The following requirements shall govern uses and development in a PDR zone:

A.

The value of important natural features (INF) shall be preserved.

1.

The necessary habitat of threatened or endangered species shall be protected so as not to diminish the necessary features of that habitat. These areas shall be designated as "INF-no change," and no construction or alteration shall be permitted in these areas which would adversely impact the value of the features.

2.

The overall value of other important natural features on the site, such as streams, rivers, riparian vegetation within 100 feet of streams and rivers, and significant wetlands shall be maintained; or, if altered, the developer shall indicate how the overall values are maintained even with construction, alteration, or post construction activities.

These areas shall be designated as "INF-protected". Construction or alteration in an "INF-protected" area shall be permitted only if the developer files a general description with the city Planning Department showing how the overall values of these "INF-protected" features are to be maintained.

This section is not intended to ensure complete in-kind replacement for "INF-protected" features which are altered but is intended to ensure that the overall values of these "INF-protected" features are maintained.

B.

A destination resort shall in the first phase provide for, and shall include as part of the first PDP and FDP, the following minimum requirements:

1.

At least 150 separate rentable units for visitor-oriented lodging must be provided.

2.

Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide seating for at least 100 persons.

3.

The aggregate cost of developing the lodging facilities and the eating establishments and meeting rooms required in subsections (1) and (2) shall be at least $4,000,000 (in 1987 dollars).

4.

At least $2,000,000 (in 1987 dollars) shall be spent on developed recreational facilities.

5.

The facilities and accommodations required by this section must be physically provided or financially assured pursuant to 14.40.160(B) of this section prior to closure of sales, rental, or lease of any residential dwellings or lots, except that the developer may sell undeveloped land for purposes of construction of residential dwellings other than single-family dwellings, duplexes, and triplexes, provided however that no residential dwelling may be occupied until the facilities and accommodations are either physically provided or financially assured as required above.

"Developed recreational facilities" as used in this Chapter 14.40 shall mean built, constructed, or modified land or pre-existing structures for such recreational purposes as set forth in Section 14.40.030(B).

"1987 Dollars" as used in this subsection shall be the construction cost index set forth in the October 29, 1987, issue of Construction Weekly magazine, which had a construction cost value of 4448.09. The construction cost in future years shall be adjusted in accordance with this index to determine compliance with this subsection.

C.

A destination resort shall, cumulatively for all approved FDP's, meet the following minimum requirements:

1.

At least 50 percent of the sum total of the acreage for all approved FDPs, including previously approved FDPs, of the entire destination resort site must be dedicated to permanent open space, excluding yards, streets and parking areas.

2.

Individually owned residential units shall not exceed two such units for each unit of visitor-oriented overnight lodging. Individually owned units may be considered visitor-oriented lodging if they are available for overnight rental use by the general public for at least 48 weeks per calendar year through one or more central reservation and check-in service(s).

D.

The commercial uses permitted in Section 14.40.030(D) shall be limited in type, location, number, dimensions, and scale (both individually and cumulatively) to that necessary to serve the needs of resort visitors. A commercial use is necessary to serve the needs of visitors if:

1.

Its primary purpose is to provide goods or services that are typically provided to overnight or other short-term visitors to the resort, or the use is necessary for operation, maintenance, or promotion of the destination resort; and

2.

That the use is oriented to the resort and is located away from or screened from highways or other major through roadways.

E.

Phasing. A destination resort authorized pursuant to this section may be developed in phases. If a proposed resort is to be developed in phases, each phase shall be described in the manner required by the preliminary development plan. Each individual phase shall meet the following requirements:

1.

Each phase, together with previously completed phases, if any, shall be capable of operating in a manner consistent with the intent and purpose of this section.

2.

All phases of the destination resort taken cumulatively shall meet the minimum requirements of Section 14.40.050(C).

3.

Each phase may include two or more distinct non-contiguous areas within the destination resort.

F.

PDR Density. Maximum allowable PDR residential density shall not exceed 75 percent of the gross density allowed by the underlying residential zoning designation. Only those areas designated "residential" in the CMP shall be considered when calculating the maximum number of allowable residential units.

G.

Dimensional Standards. The minimum lot area, width, frontage and yard requirements and building heights otherwise applying to residential dwellings in the underlying zone(s) do not apply within a planned destination resort. The Planning Commission shall require conditions, covenants, and restrictions for the planned destination resort that govern the minimum lot area, width, frontage and yard requirements, and building heights within the resort.

H.

Applicability of Other City Ordinances. Provisions of this section shall take precedence over other city ordinances that would otherwise disallow certain uses or activities authorized by this section upon a finding by the City Council that it is compatible with the purposes of the destination resort. The finding shall specifically designate the affected ordinance(s) or portions thereof.

I.

All subsequent development of any property zoned PDR shall be in substantial conformance with the applicable CMP.

J.

No building permit or building occupancy permit shall be issued for any structure or use to be located within "Destination Resort" lands unless the structure and use complies with the requirements of the FDP and Section 14.40.050(D).

K.

No structure or use shall be permitted within an area designated as "buffer area" in the CMP, except to the extent as permitted in the CMP. The "buffer area" shall contain natural vegetation, fences, berms, and landscaped areas as indicated in the applicable PDP.

The authorization and development of a planned destination resort pursuant to this section shall be submitted in three steps: A conceptual master plan (CMP) application, a preliminary development plan (PDP) application for each phase of development, and a final development plan (FDP) application for each phase of development.

The CMP provides the framework for development of the destination resort and is intended to ensure that the destination resort meets, or will cumulatively meet, the requirements of this section, whether developed all in one FDP or throughout the build-out period.

A.

The CMP application shall include:

1.

Illustrations and graphics identifying:

a.

The location and total number of acres to be developed as a planned destination resort;

b.

The subject area and all land uses adjacent to the subject area;

c.

The topographic character of the site;

d.

Types and general location of proposed development uses, including residential and commercial uses;

e.

Major geographic features;

f.

Proposed methods of access to the development, identifying the main vehicular circulation system within the resort and an indication of whether streets will be public or private;

g.

Major pedestrian, equestrian, and bicycle trail systems;

h.

Important natural features of the site, including habitat of threatened or endangered species, streams, rivers, and significant wetlands and riparian vegetation within 100 feet of streams, rivers and significant wetlands.

The areas designated as important natural features should be clearly illustrated and labeled either "INF-no change" or "INF-protected." (See Section 14.40.050(A) for development restrictions relating to areas designated as important natural features.)

i.

The location and number of acres reserved as open space, buffer area, or common area. Areas designated as "open space", "buffer area" or "common area" should be clearly illustrated and labeled as such; and

j.

Proposed overall density.

2.

An explanation of:

a.

The natural characteristics of the site and surrounding areas, including a description of resources and the effect of the destination resort on the resources; methods employed to mitigate adverse impacts on natural resources or to overcome site limitations; analysis of how the overall values of the natural features of the site will be preserved, enhanced or utilized in the design concept for the destination resort; and a proposed resource protection plan to ensure that important natural feature values will be protected and maintained in compliance with 14.40.050(A). Resources to be addressed include:

i.

Compatibility of soil composition for proposed development(s) and potential erosion hazard;

ii.

Geology, including areas of potential instability;

iii.

Slope and general topography;

iv.

Drainage patterns, including major drainage ways;

v.

Areas subject to flooding;

vi.

Other hazards or development constraints;

vii.

Vegetation;

viii.

Water areas, including streams, lakes, ponds, and wetlands;

ix.

Fish and wildlife habitats; and

x.

Important natural features.

b.

How the proposed destination resort will meet the minimum requirements of Section 14.40.050(B) and (C);

c.

Design guidelines and development standards defining visual and aesthetic parameters for: and

i.

Building character;

ii.

Landscape character;

iii.

Preservation and removal of vegetation; and

iv.

Siting of buildings.

d.

Proposed method of providing all utility systems, including the location and sizing of the utility systems;

e.

Proposed order and schedule for phasing, if any, of development;

f.

How the destination resort has been sited or designed to avoid or minimize adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses and potential conflicts between the destination resort and adjacent uses within 200 feet of the boundaries of the CMP. The application shall explain how any proposed buffer area will avoid or minimize adverse effects or conflicts; and

g.

Proposed method of provision of emergency medical facilities or services and public safety facilities or services.

3.

Proposed covenants, conditions, and restrictions (CC&R's) which shall include, at a minimum, provisions for:

a.

Use, improvement and maintenance of all common open space areas which may be accomplished through a homeowners or business owners association;

b.

The availability of private security patrol;

c.

Architectural control over all residential dwellings and the establishment of residential design review committee;

d.

Limitations on the nature and extent of individual business advertising so that all commercial uses are publicized as an integral part of the resort and are oriented toward the resort;

e.

Dimensional standards for all residential dwellings; and

f.

The ability of the city to enforce those provisions of the CC&R's which are designated as a requirement for approval of the CMP and which may not be amended without City Council approval. Such designated portions of the CC&R's shall be considered a part of the zoning requirements of this section, and non-enforcement shall not result in waiver of the right to subsequently enforce.

A.

The applicant shall submit 25 copies of the CMP to the Planning Director, Planning Commission, and City Council for study.

B.

Within 30 days of receipt of the CMP application, the Planning Director must determine if the application is complete. If the application is incomplete, the Planning Director shall notify the applicant which portion of the application is incomplete. The applicant shall be given 30 days within which to submit any additional information necessary to complete the application.

C.

An applicant's proposed CMP may be approved only if the CMP and the land uses proposed therein comply with the requirements of this section, including but not limited to Subsections 14.40.030, 14.40.020, 14.40.050, and 14.40.070.

D.

The Planning Commission and City Council shall consider the CMP at their respective public hearings pursuant to Chapter 14.52, Procedural Requirements, except that notice shall be published at least once a week for two successive weeks prior to each hearing.

E.

The Planning Commission shall recommend to the City Council approval, disapproval, or modification and approval of the CMP and attach any conditions it finds are necessary to carry out the purposes of this section.

F.

The City Council must take final action on the CMP application within 120 days after the CMP application is complete.

G.

Approval of the CMP by the City Council shall give the applicant the right to proceed with submission of the preliminary development plan.

H.

An applicant may submit an application for the CMP and an application for a preliminary development plan for the first phase of the development at the same time, and the Planning Commission and City Council may consider both at a public hearing pursuant to the procedures of this section.

(Ordinance No. 1989, January 1, 2010)

A.

Any substantial as determined by the Planning Director, proposed to an change approved CMP shall be considered in the same manner as the original CMP. An insubstantial change may be approved by the Planning Director. Substantial change to an approved CMP, as used in this section, means an alteration in the type, scale, location, phasing, or other characteristics of the proposed development such that the findings of fact upon which the original approval was based would be materially affected. The Planning Director shall provide written notice by mail to the members of the City Council as to the nature of the proposed change, and the decision of the Planning Director as to whether the change is substantial, or whether the Director has referred the issue to the Planning Commission, as provided in Subsection (B) below.

B.

The Planning Director may refer to the Planning Commission the decision as to whether a change in the CMP is substantial. The Planning Commission shall render a determination on all such referrals unless the City Council, within 14 days from the date of the notice by the Planning Director, in the manner provided below, elects to review the Planning Director's decision to refer the issue to the Planning Commission. The Planning Director shall notify by mail the members of the City Council as to the decision of the Planning Commission.

C.

The decision of the Planning Director or the Planning Commission shall be final, unless within 14 days a majority of the City Council members then present and voting elect to have the issue considered by the City Council. In such event, the City Council shall thereafter consider the issue at a public meeting. The developer shall be notified of the date, time, and place of the public meeting, and the developer shall have an opportunity to submit written or oral testimony on the issue at the public meeting.

A PDP shall be provided for each development phase of the destination resort. Completion of construction of a phase shall not be a prerequisite to approval of subsequent PDP's.

A.

The PDP application shall include:

1.

Identification of the area to be included within the phase. A phase may include two or more distinct, non-contiguous areas within the destination resort.

2.

Text or graphics explaining and illustrating:

a.

How the phase complies with the CMP and contributes to the cumulative, integrated destination resort;

b.

The use, location, size, and design or proposed alteration, if permitted, of all important natural feature values (both "INF-no change" and "INF-protect"), "open space", "buffer areas" and "common areas" included in the phase;

c.

The use and general location of all buildings, other than residential dwellings, and the proposed density of residential development by location;

d.

Preliminary location of all sewer, water, storm drainage, and other utility facilities, and the materials, specifications and construction methods for the water and waste water systems;

e.

Preliminary location and widths of all roads, streets, parking, pedestrian ways, equestrian trails, and bike paths;

f.

Methods to be employed to buffer and mitigate the potential adverse effects on adjacent resource uses and properties;

g.

Building elevations of visitor-oriented accommodations, recreational facilities, and commercial services sufficient to demonstrate the architectural character of the proposed development; and

h.

How all commercial uses meet the requirements of 14.40.050(D), and the size or floor area of the commercial uses.

i.

Preliminary location of any emergency medical facilities and public safety facilities.

B.

When a phase includes a residential subdivision, a preliminary subdivision plat consistent with the requirements set forth in the Subdivision Ordinance shall be submitted with the PDP, and the procedures of this PDR Section shall be applicable.

A.

Each PDP application shall be submitted to the Planning Director, who shall, within 30 days of its receipt, determine whether the application is complete. If the application is incomplete, the Planning Director shall notify the applicant which portions of the PDP application are incomplete. The applicant shall be given 30 days within which to submit any missing information.

B.

The Planning Commission shall consider each PDP at a public hearing pursuant to Section 14.52.

C.

An applicant's proposed PDP may be approved only if the PDP and the land uses proposed therein substantially comply with the approved CMP and comply with the requirements of this section, including but not limited to Subsections 14.40.030, 14.40.020, 14.40.050, and 14.40.070.

D.

The Planning Commission shall approve, disapprove, or modify and approve the PDP and attach any conditions it finds are necessary to carry out the purposes of this section.

E.

The Planning Commission must take final action on each PDP application within 120 days after the PDP application is complete.

F.

Planning Commission approval of a PDP shall give the applicant the right to proceed with submission of an FDP for that approved phase.

G.

Any person having standing (as defined in Chapter 14.52) may appeal the decision of the Planning Commission in the manner provided in Section 14.52. A majority of the City Council present and voting at a regular or special City Council meeting within 14 days from the date of the decision by the Planning Commission may elect to review the decision of the Planning Commission. Review of the Planning Commission's decision by the City Council shall not be considered an appeal, and no appeal fee shall be required.

(Ordinance No. 1989, January 1, 2010)

A.

Any substantial change, as determined by the Planning Director, proposed to an approved PDP shall be considered in the same manner as the original PDP. An insubstantial change to the PDP may be approved by the Planning Director. Substantial change to an approved PDP as used in this section means:

1.

A change from a more restricted use to a less restricted use;

2.

A substantial change in the location, width, or size of a major street;

3.

Any increase in the intensity or density of a land use or a substantial change in the location or amount of land devoted to specific land use;

4.

Any substantial change in the location or maintenance costs of utilities or streets that would materially affect future street or utility plans of the city; or

5.

Any other change that would result in a change in the character of the development.

The Planning Director shall provide written notice by mail to the members of the City Council as to the nature of the proposed change, and the decision of the Planning Director as to whether the change is substantial, or whether the Director has referred the issue to the Planning Commission, as provided in Subsection (B) below.

B.

The Planning Director may refer to the Planning Commission the decision as to whether a change in the PDP is substantial. The Planning Commission shall render a determination on all such referrals unless the City Council, within 14 days from the date of the notice by the Planning Director in the manner provided below, elects to review the Planning Director's decision to refer the issue to the Planning Commission. The Planning Director shall notify by mail the members of the City Council as to the decision of the Planning Commission.

C.

The decision of the Planning Director or the Planning Commission shall be final, unless within 14 days a majority of the City Council members then present and voting elect to have the issue considered by the City Council. Review of the Planning Commission's decision by the City Council shall not be considered an appeal, and no appeal fee shall be required. In such event, the City Council shall thereafter consider the issue at a public meeting. The developer shall be notified of the date, time, and place of the public meeting, and the developer shall have an opportunity to submit written or oral testimony on the issue at the public meeting.

D.

Any person having standing (as defined in Chapter 14.52) may appeal the decision of the Planning Commission in the manner provided in Section 14.52.

(Ordinance No. 1989, January 1, 2010)

A.

Within one year following the approval of each PDP, the applicant shall file with the Planning Commission an FDP containing, in final form, the information required in the PDP. In its discretion (at the request of the applicant) and for a good cause, the Planning Commission may extend for six months the period for filing of the FDP.

B.

When a phase includes a residential subdivision, a final subdivision plat consistent with the requirements set forth in the Subdivision Ordinance shall be submitted with the FDP, and the procedures of this section shall be applicable.

A.

If the Planning Director, in his/her reasonable discretion, finds evidence of a substantial change from the PDP, the Planning Director shall advise the Applicant to submit an application for amendment of the PDP in accordance with Section 14.40.110.

B.

The Planning Commission shall determine whether the FDP is consistent with the PDP, whether all areas which are either protected or limited from development as shown on the PDP are appropriately mapped, and may approve, disapprove, or modify and approve the FDP, and may attach any reasonable conditions to an FDP.

C.

The decision of the Planning Commission shall be final, unless within 14 days a majority of the City Council members then present and voting elect to have the issue considered by the City Council. Review of the Planning Commission's decision by the City Council shall not be considered an appeal, and no appeal fee shall be required. In such event, the City Council shall thereafter consider the issue at a public meeting. The developer shall be notified of the date, time, and place of the public meeting, and the developer shall have an opportunity to submit written or oral testimony on the issue at the public meeting.

D.

Any person having standing (as defined in Chapter 14.52) may appeal the decision of the Planning Commission in the manner provided in Section 14.52.

(Ordinance No. 1989, January 1, 2010)

No building permits shall be issued except within an area contained in an approved FDP, and no construction shall be undertaken in that area except in compliance with the provisions of the FDP. The following requirements shall apply to the administration of a FDP:

A.

The building official, in reviewing plans submitted for building permits, shall note the issuance on the FDP.

B.

After the building permits have been issued, the use of the land and the construction, modification, or alteration of buildings or structures within the destination resort shall be governed by the approved FDP.

C.

No change shall be made in development contrary to the approved FDP without approval of an amendment to the plan except as follows and as determined by the Planning Director:

1.

Insubstantial modifications of existing buildings or structures, or in the location of buildings or structures, are allowed if they are consistent with the purposes and intent of the FDP.

2.

A building or structure that is totally or substantially destroyed may be reconstructed without a final development plan amendment if it is in compliance with the purpose and intent of the FDP.

D.

An amendment to an FDP may be approved if it is required for the continued success of the destination resort, if it is appropriate because of conditions that have occurred since the FDP was approved, or because there have been changes in the development policy of the city as reflected by the Comprehensive Plan or related land use regulations, provided that the amendment is consistent with the purpose and general requirements of this section.

A.

The Planning Commission shall assure that streets, utilities, developed recreational facilities, and visitor-oriented accommodations required by the FDP are physically provided or are guaranteed through surety bonding or substantial financial assurances prior to closure of sale of individual lots or units.

B.

Financial assurance or bonding to assure completion of the streets and utilities, developed recreational facilities, and visitor-oriented accommodations in the FDP may be required pursuant to procedures of Section 3-6-1 of the Newport Subdivision Ordinance.

If substantial construction of an FDP has not taken place within one year from the effective date of an FDP, the approval shall expire and be void. The Planning Commission may grant extensions to the deadline for substantial construction of an approved FDP.