A building, structure, or portion thereof hereafter erected shall not exceed the height listed in Table A for the zone indicated except as provided for in Sections 14.10.020, General Exceptions to Building Height Limitations and 14.10.030, Special Exceptions to Building Height Limitations.

A.

The following types of structures or structural parts are not subject to the building height limitations of this code as long as the square footage of said structure or structural part is no greater than five percent of the main building foot print as shown on the site plan, or 200 square feet, whichever is less: chimneys, cupolas, church spires, belfries, domes, transmission towers, smokestacks, flag poles, radio and television towers, elevator shafts, conveyors and mechanical equipment.

B.

No structure or structural part excepted under Subsection (A) from the building height limitations of this code, whether freestanding or attached to another structure or structural part, may exceed the maximum allowable height by more than 25 percent unless approved by the Planning Commission per section 14.10.030.

C.

Standalone antennas, cell towers, electrical transmission towers, telephone or electric line poles and other public utility types of structures or structural parts, where allowed by this Ordinance, are limited in height to 50 feet in R-1, R-2, R-3, R-4, W-1, W-2, and C-2 zones; 100 feet in the P-1, C-1 and C-3 zones; 150 feet in the I-1, I-2 and I-3 zones, except as modified by height buffer provisions of Section 14.18.010 or the airport zone height limitations of Section 14.22.030. A taller structure or structural part referenced under this subsection may be allowed upon the issuance of a conditional use permit per Chapter 14.34 of this code.

D.

A stand-alone structure or portion of a building designed for vertical evacuation from a tsunami where the property upon which the structure or building is located is situated south of the Yaquina Bay Bridge within the "XXL" tsunami inundation area boundary, as depicted on the maps titled "Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport North, Oregon" and "Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport South, Oregon" produced by the Oregon Department of Geology and Mineral Industries (DOGAMI), dated February 8, 2013 (i.e., the tsunami inundation maps), provided:

1.

Evacuation assembly areas shall provide at least ten square feet of space per occupant. Vertical-evacuation assembly areas that are incorporated into a building shall be sized to accommodate the occupant load of the assembly spaces in building plus half of the occupant load of the remainder of the building; for stand-alone structures, the assembly area shall be sized to accommodate the occupant load of nearby building(s) and/or assembly area(s) to which it is associated; and

2.

Ingress/egress to the evacuation assembly area shall be signed in a manner consistent with state and/or federal guidelines for the identification of such facilities; and

3.

Plans and specifications, stamped by an architect or engineer licensed in the State of Oregon, establish that the structure is of sufficient height and has been designed to withstand an earthquake and wave forces attributable to an "XXL" tsunami event as depicted on the tsunami inundation maps; and

4.

An architect or engineer licensed in the State of Oregon is retained by the applicant or land owner to perform structural observations during the course of construction. Prior to issuance of a building permit, the observer shall submit a written statement identifying the frequency and extent of the structural observations to be performed. At the conclusion of the work and prior to issuance of a certificate of occupancy, the structural observer shall submit a statement that the site visits were performed and that any deficiencies identified as a result of those observations were addressed to their satisfaction.

E.

Except as provided in Section 14.10.020(D), no structure or structural part excepted under this section from the building height limitations of this code may be used for human habitation.

(Ordinance No. 2121, October 16, 2017; Ordinance No. 2180, April 5, 2021)

Any person seeking a special exception to the building height limitations of this code shall do so by applying for an adjustment or variance as described in Chapter 14.33 of this code, and consistent with Chapter 14.52, Procedural Requirements.

New communication facilities shall satisfy the following standards:

A.

Building plans for freestanding communication facilities shall be accompanied by a colocation feasibility study that satisfies the following requirements.

1.

Documents that colocation on existing structures within a radius of at least 2,000 feet has been considered and is technologically unfeasible or unavailable. Such documentation shall identify the reasons why colocation is not an option, which may include structural support limitations, safety considerations, lack of available space, failure to meet service coverage needs, or unreasonable economic constraints. Separate documentation shall be provided for each existing communication facility located within a 2,000-foot radius of where the new freestanding facility is proposed; and

2.

Is supported by engineering analysis establishing that the support structure is designed to accommodate collocation of at least two additional providers either outright or through future modification to the structure.

B.

Communication facilities located on historic buildings or sites, as defined in Chapter 14.23, shall be subject to conditional use review for compliance with criteria outlined in Chapters 14.23 and 14.34.

C.

A copy of the applicant's FCC license and/or construction permit shall be submitted, if an FCC license and/or construction permit is required for the proposed facility, including documentation showing that the applicant is in compliance with all FCC RF emissions safety standards.

D.

Freestanding communication facilities that exceed the maximum building height of the zone district, as set forth in Section 14.13.020, Table A, shall be enclosed by security fencing not less than six feet in height.

(Ordinance No. 1839, October 1, 2001; Ordinance No. 1989, January 1, 2010; Ordinance No. 2180, April 5, 2021; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)