The purpose of this section is to provide some allowance for short-term uses that are temporary in nature, where no permanent improvements are made to the site, and the use can be terminated and removed immediately. Temporary activities include special events as defined in 9.80.010 of the Newport Municipal Code, temporary living quarters, construction trailers, leasing offices, mobile food units, kiosks, storage buildings, and similar structures.

Placement of special events structures is regulated under Chapter 9.80 of the Newport Municipal Code.

A.

Notwithstanding any other restrictions and prohibitions in this code, a recreational vehicle may be used as a temporary living quarters subject to the following conditions:

1.

The individual(s) occupying the recreational vehicle are actively engaged in the construction or repair of a building on the premises; and

2.

Any required building permits have been obtained; and

3.

The recreational vehicle is used as a place of habitation for no more than 24-months, or the date that occupancy is granted, whichever is sooner; and

4.

The recreational vehicle used as the temporary living quarters is self-contained for sanitary sewer; and

5.

The location of the temporary living quarters on the site satisfies the vision clearance requirements as set forth in Section 14.17.

B.

Temporary living situations for non-residential projects may use a job shack or other such structure instead of a recreational vehicle as the living quarters and may have a portable toilet instead of a self-contained unit.

C.

A permit is not required to utilize a recreational vehicle as a temporary living quarters as provided in this subsection.

D.

Notwithstanding the occupancy limit set forth in 14.09.030(A)(3), a recreational vehicle may be used as a place of habitation for up to 60-months in circumstances where the construction or repair of a building is in response to damage from a natural disaster, such as a wildfire, earthquake, flood, or severe storm.

(Ordinance No. 2206, February 21, 2023; Ordinance No. 2216, January 2, 2024)

Notwithstanding any other restrictions and prohibitions in this code, a temporary structure not associated with a special event may be erected subject to the following:

A.

The permit, if approved, shall be issued for a period not to exceed two years. Upon like application and approval, the permit may be renewed for up to an additional one year.

B.

Temporary structures are limited to commercial, industrial, water-related, or water-dependent zoned properties.

C.

No permanent changes will be made to the site in order to accommodate the temporary structure.

D.

Permission is granted by the property owner.

E.

Sanitary facilities will be made available to the site.

F.

The structure does not interfere with the provision of parking for the permanent use on the site.

G.

The structure satisfies the vision clearance requirements of the zoning code.

H.

Approval is obtained from the City Building Official if the structure is to be erected for 180 days or longer.

I.

For temporary structures that are to be placed in one location for 12 or more consecutive months, a bond or cash deposit for the amount required to remove the temporary structure, if not removed in the required time frame, shall be placed in an interest-bearing account in the name of the applicant and the City of Newport. Any bond or cash deposit must be in a form approved by the City Attorney.

Notwithstanding any other restrictions and prohibitions in this code, a mobile food unit, not associated with a special event, may be located within the City of Newport subject to the following:

A.

The lot, parcel or tract upon which the mobile food unit will be placed is zoned for commercial, industrial, or water-related use or it is a residential construction site where ten or more units are being built; and

B.

The lot, parcel or tract upon which the mobile food unit will be placed is located at least 500 feet from the grounds of any elementary or secondary school when said school(s) are in session. For the purpose of this subsection, "in session" is the period of time commencing one-half hour prior to the start of the school day and ending one-half hour after dismissal at the end of the school day; and

C.

The lot, parcel or tract upon which the mobile food unit will be placed is located outside of the Nye Beach or Bayfront parking districts, the geographic boundaries of which are defined in NMC Section 14.14.100, unless the use is a Mobile Food Unit Pod; and

D.

Written consent is obtained from the property owner where the mobile food unit is to be placed; and

E.

The mobile food unit is placed such that it or any associated structure does not occupy required landscaping or obstruct a sidewalk, drive isle, fire lane, clear vision area or accessible parking; and

F.

Ten feet of clearance is maintained between each mobile food unit and between such units and existing or proposed buildings; and

G.

Mobile food unit service windows are to be oriented to pedestrians (i.e., no drive thru windows) and if directed toward a public right-of-way shall maintain a minimum five foot separation from the right-of-way; and

H.

Electrical connection(s) are placed on the ground and covered with a cable protection ramp or equivalent where crossing drive isles or pedestrian paths; and

I.

Any power generating equipment separate from and external to the mobile food unit is located at least ten feet from other mobile food units and buildings and is fully screened from view; and

J.

Signage associated with each mobile food unit is limited to that which is permanently affixed to the vehicle in accordance with NMC 10.10.070, and one portable a-frame sign that complies with the parameters outlined in NMC 10.10.060(E); and

K.

Awnings, if any, are fully attached to the mobile food unit and located entirely on the subject lot, parcel, or tract; and

L.

Each mobile food unit is limited to a single piece of outdoor cooking equipment situated no less than ten feet from the unit and any building; and

M.

A minimum of one trash receptacle per mobile food unit is located on the lot, parcel, or tract with at least ten feet of separation between the receptacle(s) and combustible fuel tanks; and

N.

Mobile food units parked for more than two hours or that provides customer seating shall be situated within 500 feet of an accessible restroom with handwashing facilities; and

O.

The permit for a mobile food unit other than a mobile food unit pod, if approved, shall be issued for a period not to exceed two years. Upon like application and approval, the permit may be renewed for additional two-year intervals.

In addition to complying with the provisions of Section 14.09.050, a mobile food unit pod may be located within the City of Newport subject to the following:

A.

The mobile food units include a sheltered common customer seating area that conforms with the following parameters:

1.

Has a maximum of 50 percent of the structure enclosed with walls or sides. Membrane structures may be fully enclosed; and

2.

Are not more than 15-feet in height.

B.

Each mobile food unit is connected to city sanitary sewer service, water, and a permanent power source located on the lot, parcel, or tract; and

C.

Existing uses on the lot, parcel or tract upon which the mobile food unit pod is to be located possess off-street parking that satisfies the requirements of Chapter 14.14; and

D.

One off-street parking space is provided for each mobile food unit plus one space for every 150 square feet of seating; and

E.

The lot, parcel, or tract shall be landscaped in accordance with Chapter 14.19; and

F.

Areas occupied by customers are illuminated when mobile food units operate during hours of darkness, with fixtures that are downward directed and shielded to prevent glare on abutting properties; and

G.

Use of generators is prohibited; and

H.

Review and approval shall be subject to a Type I decision making procedure as set forth in Chapter 14.52.

Permits authorized by this section are not transferable to another person or location unless approved by the Community Development Director.

Unless otherwise provided, placement of temporary structures is subject to review and approval by the Community Development Director as a ministerial action.

In addition to a land use application form with the information required in Section 14.52.080, applications for temporary uses shall include the following:

A.

A site plan, drawn to scale, showing:

1.

The proposed location of temporary structures, mobile food units, seating areas, and amenities, as applicable.

2.

Existing buildings.

3.

Existing parking.

4.

Access(es) to the parking areas.

5.

Any additional structures, seating areas, and amenities associated with the use.

6.

The location and size of trash receptacles.

7.

Utilities.

8.

Existing signs and signs associated with the use.

9.

Building elevations or photos of proposed temporary structures or mobile food units.

10.

The location of an accessible restroom with handwashing facilities, if applicable.

B.

A signed agreement stating that the applicant is aware of the limitations and conditions attached to the granting of the permit and agrees to abide by such limitations and conditions.

C.

A description of the types of items sold or services rendered, if applicable.

D.

A valid copy of all necessary permits required by State or local health authorities, and other required licenses or permits, such as business license or sign permit obtained by the applicant and maintained on site.

Prior to the issuance of any permit, the Fire Marshal shall inspect and approve any temporary structure to assure conformance with the provisions of the Fire Code.

Construction trailers located on the site upon which construction is to occur that are used during the course of the construction project are exempt from the process outlined in this section and may be permitted at the time of building permit approval provided said structures comply with the building code and the vision clearance requirements of the zoning code.