The South Beach Open Space Overlay Zone (indicated by the letters "SBOS" on the City of Newport Zoning Map) is intended to implement the South Beach Neighborhood Land Use Plan's Policy No. 4 to encourage the private maintenance of open space in the South Beach neighborhood and the use of ORS 308A tax incentives for private property owners maintaining open space.

The consideration of the designation of property with the South Beach Open Space Overlay Zone shall be processed in the same manner as an amendment to the Comprehensive Plan.

A determination of whether or not to apply the South Beach Open Space Overlay Zone shall be based on the following criteria:

A.

Suitability of the land for the open space zone designation in consideration of any one of the following factors:

1.

The land is designated by the Newport Comprehensive Plan as open space land or potential open space land; or,

2.

The preservation of the land area in its present use would:

a.

Conserve and enhance natural or scenic resources; or,

b.

Protect air or streams or water supply; or,

c.

Promote conservation of soils, wetlands, beaches, or tidal marshes; or,

d.

Conserve landscaped areas, such as public or private golf courses, which reduce air pollution and enhance the value of abutting or neighboring property; or,

e.

Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open space; or,

f.

Enhance recreation opportunities; or,

g.

Preserve historic sites; or,

h.

Promote orderly urban or suburban development; or,

i.

Retain in their natural state tracts of land, on such conditions as may be reasonably required by the City Council.

B.

A weighing of the following factors:

1.

The projected costs and other consequences of extending urban services to the affected property;

2.

The value of preserving the property as open space;

3.

The projected costs and other consequences of extending urban services beyond the affected lot or parcel; and

4.

The projected costs and other consequences, including the projected costs of extending urban services, of expanding the urban growth boundary in other areas if necessary to compensate for any reduction in available buildable lands.

(Ordinance No. 1900, December 4, 2006)

Uses permitted outright within the South Beach Open Space Overlay Zone include:

A.

Uses existing at the time the open space designation is applied.

B.

Low intensity recreational, educational, or scientific uses (including such uses as hiking/bicycle pathways/trails, wildlife viewing platforms, monitoring stations, and other similar types of uses).

C.

Public or private utility infrastructure.