The purpose of the SBTOZ is to promote development in the South Beach area of Newport in a way that maintains an efficient, safe, and functional transportation system. This section implements the Trip Budget Program for South Beach established in the Newport Transportation System Plan to ensure that the planned transportation system will be adequate to serve future land use needs.

The boundary of the SBTOZ is shown on City of Newport Zoning Map.

The provisions of this section shall apply to development that has the effect of increasing or decreasing vehicle trips to a property that is within the city limits. Any conflict between the standards of the SBTOZ and those contained within other chapters of the Newport Zoning Ordinance shall be resolved in favor of the SBTOZ.

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.

Primary Trip. A trip made for the specific purpose of visiting the generator. The stop at the generator is the primary reason for the trip. The trip typically goes from origin to generator and then returns to the origin. Primary trips do not include "passby" or "diverted linked" trips as those terms are defined in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

Transportation Analysis Zone (TAZ). A geographical area used in transportation planning modeling to forecast travel demands.

Trip. A single or one-direction vehicle movement with either the origin or destination inside the area being studied as specified in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

Trip Budget Program. The program for tracking the number of vehicle trips attributed to new development as described in Chapter 14.43 of the Newport Zoning Ordinance and Transportation System Plan element of the Newport Comprehensive Plan.

Proposed development on parcels within the SBTOZ may not generate more PM peak hour trips than are budgeted for the TAZ in which the parcel is located, except as provided in Section 14.43.100.

A.

Documentation that this requirement is met can be provided through the submittal of a Trip Assessment Letter, pursuant to 14.43.080.A, or a Traffic Impact Analysis, if required by 14.45.010.

B.

The PM peak hour trip generation is determined through the latest edition of the ITE Trip Generation Manual. The following uses are required to calculate primary trips only, as defined in 14.43.050.C:

1.

Personal service oriented uses.

2.

Sales or general retail uses, total retail sales area under 15,000 square feet.

3.

Repair oriented uses.

The Community Development Director shall maintain a ledger which contains the following:

A.

For each TAZ, the total number of vehicular PM peak-hour trips permitted to be generated by future development projects.

B.

The balance of unused PM peak-hour trips within each TAZ.

C.

The balance of unused PM peak-hour trips in the Trip Reserve Fund.

D.

For each TAZ, where applicable, the number of trips allocated from the Trip Reserve Fund.

E.

For each TAZ, where applicable, the number of additional trips authorized as a result of mitigation performed in accordance with recommendations contained in a Traffic Impact Analysis approved by the City of Newport, pursuant to Chapter 14.45.

F.

The percentage of the total trips that have been allocated within each TAZ.

A.

Proposed development that would increase or decrease the number of vehicle trips being generated to or from a property must submit a Trip Assessment Letter that demonstrates that the proposed development or use will not generate more PM peak-hour trips than what is available in the trip budget for the TAZ in which it is located. A Trip Assessment Letter shall be prepared and submitted:

1.

Concurrent with a land use that is subject to a land use action; or

2.

If no land use action is required, than prior to issuance of a building permit.

B.

Upon request by the applicant, the City shall develop and provide applicant with a Trip Assessment Letter.

C.

The latest edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE) shall be used as the standard by which to determine expected PM peak hour vehicle trips, unless a specific trip generation study that is approved by the City Engineer indicates an alternative trip generation rate is appropriate.

D.

A copy of the Trip Assessment Letter will be provided to ODOT prior to City action on the proposal.

E.

A Trip Assessment Letter shall rely upon information contained in a Traffic Impact Analysis, where such analysis has been prepared pursuant to Chapter 14.45 of this Ordinance.

Trips are allocated by TAZ in the SBTOZ. The trip totals for each TAZ, available for future allocation within the SBTOZ, can be obtained from the Community Development Department.

A.

Trips may not be transferred from one TAZ to another.

B.

Total number of trips allocated to any TAZ may be exceeded only through:

1.

The allocation of trips from the Trip Reserve Fund, pursuant to 14.43.100, or

2.

Mitigation of the expected impacts of the proposed development, supported by a Traffic Impact Analysis (Chapter 14.45).

C.

City shall allocate trips to proposed development by deducting them from the Trip Budget Ledger if trips available in the Trip Budget Ledger meet or exceed the number of trips identified in the Trip Assessment Letter.

D.

Except as otherwise provided in this subsection, City shall deduct trips from the Trip Budget Ledger at such time as a land use decision is approved and is to treat those trips as vested so long as that land use decision is valid. In the event a land use decision expires, the City shall add the trips back to the Trip Budget Ledger.

1.

For a tentative (preliminary) plat that does not include phases, trips shall be vested so long as the application for final plat is submitted within the time established by the Subdivision Ordinance;

2.

For a tentative (preliminary) plat that includes phases the total vesting period for all phases shall not be greater than ten years;

3.

For a final plat, trips shall vest for a period of ten years from the date the plat is recorded;

4.

City shall not deduct trips from the Trip Budget Ledger at such time as a land use decision is issued for a property line adjustment, partition plat, or minor replat; and

5.

An applicant seeking approval of a tentative or final plat may elect to have the City not deduct trips from the Trip Budget Ledger at such time as a land use decision is approved. In such cases the land use decision shall note that use of the resulting lots may be limited to available trips within the TAZ as documented in the Trip Budget Ledger.

E.

For development that is not subject to a land use decision, the City shall deduct trips from the Trip Budget Ledger at such time as a Trip Assessment Letter is submitted or requested by the applicant. The number of trips deducted is to be documented in writing as vested with the development for a period of six months or until such time as a building permit is issued, whichever is shorter. If a building permit is not obtained within this timeframe than the City shall add the trips back to the Trip Budget Ledger. City implementation of this subsection shall be a ministerial action.

The Trip Reserve Fund total is maintained by the Community Development Department.

A.

Development proposals that require trips from the Trip Reserve Fund to satisfy the requirements of this section are subject to a Type III review process.

B.

Trips from the Trip Reserve Fund may be used to satisfy the requirements of this section for any permitted land use type, provided all of the following criteria is met:

1.

There are insufficient unassigned trips remaining in the TAZ to accommodate the proposed types of use(s);

2.

The proposal to use trips from the Trip Reserve Fund to meet this section is supported by a Transportation Impact Analysis, pursuant to Chapter 14.45; and

3.

There are sufficient trips available in the Trip Reserve Fund to meet the expected trip generation needs of the proposal.

Notice of a proposal to allocate trips from the Trip Budget and notice of the subsequent decision is not required. The City will provide notice of an application for approval of trips from the Trip Reserve Fund in a manner consistent with that of a Type III notice procedure.

A.

A comprehensive reassessment of the Trip Budget Program will occur no later than ten years from the effective date of this ordinance.

B.

The Trip Budget Program shall be evaluated for compliance with the provisions of ORS 660-012 prior to, or concurrent with, changes in the comprehensive plan land use designations within the SBTOZ.

C.

A reevaluation of the Trip Budget Program is required when 65 percent of the total trips in any given TAZ have been committed to permitted development.

1.

A 65 percent Review will be initiated by the City and coordinated with ODOT. A 65 percent Review must be initiated no later than 6 months from the time the threshold is reached.

2.

The 65 percent Review will be completed within 12 months from initiation, or pursuant to a schedule that is part of a work program previously agreed upon by both the City and ODOT. Prior to completion, applicants can propose mitigation and potentially obtain approval of proposed development, pursuant to ORS 660-012-0060.