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Newport City Zoning Code

CHAPTER 14

11 - REQUIRED YARD, SETBACKS, AND SOLID WASTE/RECYCLABLE MATERIALS STORAGE AND ACCESS REQUIREMENTS9


Footnotes:
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(Ordinance No. 2182, May 17, 2021; Ordinance No. 2213, July 17, 2023)


14.11.010 - Required Yards

A building, or portion thereof, hereafter erected shall not intrude into the required yard listed in this chapter for the zone indicated.

(Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

14.11.020 - Required Recreation Areas

All multi-family dwellings, hotels, motels, manufactured dwelling parks, and recreational vehicle parks shall provide for each unit/space a minimum of 50 square feet of outdoor area landscaped or improved for recreation purposes exclusive of required yards such as a patio, deck, or terrace. This landscaping requirement can be combined into a single active or passive recreational area accessible to all occupants of the property.

(Ordinance No. 2222, September 16, 2024)

14.11.030 - Garage Setback

The entrance to a garage or carport shall adhere to the required setbacks listed in Section 14.13.020, Table A, and be set back at least 20 feet from the access street for all residential structures. Within rights-of-way, the boundary of the access street is the curb line or, where curbs are absent, the edge of the asphalt or other boundary of the travel surface.

(Ordinance No. 2222, September 16, 2024)

14.11.040 - Yards for Group Buildings

A.

In case of group buildings on one lot, parcel, or tract including institutions and dwellings, the yards on the boundary of the lot, parcel, or tract shall not be less than required for one building on one lot or parcel in the district in which the property is located.

B.

The distance between group buildings and property lines interior to a tract shall satisfy yard requirements that apply to a lot or parcel in the district in which the property is located, except as provided in Section 14.11.050(D).

C.

In the case of dwelling units rearing on side yards, the required side yards shall be increased two feet in width for each dwelling unit rearing thereon.

D.

No court serving a group of dwelling units shall be less than 25 feet in width.

E.

In the R-3 and R-4 zones where multi-family dwelling units are in a continuous row on an interior lot, parcel, or tract rearing on one side yard and fronting upon another side yard, the side yard on which the multi-family dwelling rears shall not be less than eight feet. The side yard on which the multi-family dwelling fronts shall not be less than 18 feet in width.

14.11.050 - General Exceptions to Required Yard

A.

Front Yards. In the event a front yard less than the minimum has been legally established on one or both of the adjacent lots, the minimum front yard for an interior lot may be reduced to the average of what has been established for the adjoining front yards.

B.

Projections into Yards. Every part of a required yard shall be open from the ground to the sky, unobstructed except for the following:

1.

Accessory building in the rear yard as provided in Chapter 14.16.

2.

Ordinary building projections such as cornices, eaves, belt courses, sills, or similar architectural features may project into side yards not more than 12 inches or into front and rear yards not more than 24 inches.

3.

Chimneys may project into any required yard not more than 16 inches.

4.

Uncovered balconies or fire escapes may project into any required yard not more than one foot.

5.

Uncovered terraces may project or extend into a required front yard not more than five feet or into a required side yard not more than one foot or into a required court not more than six feet. The regulations contained in this paragraph shall not apply to paved parking or driveway areas at ground level.

C.

Dwelling Units Above Stores. Yards are not required for dwellings above businesses unless the dwelling area exceeds 50 percent of the floor area of the business or dwelling.

D.

Buildings on a Tract. Required yards shall apply to the boundary of the tract. In cases where a single building or group of buildings do not meet the yard requirements that would apply to property lines interior to the tract were they to be developed as single lots or parcels, a deed restriction, in a form approved by the City, shall be recorded stating that the property upon which the building or buildings is located cannot be sold or otherwise transferred. This restriction shall remain in effect until the interior property lines are eliminated or yard requirements that would apply to the property as a single lot or parcel are met.

E.

No-Build Easements. In circumstances where a recorded no-build easement exists along a common property line, the easement area shall be construed as being a portion of the easement holder's required yard, provided no portion of a building extends beyond the property line.

F.

Any person seeking an exception to required yard limitations of this chapter 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.

(Ordinance No. 2011, February 18, 2011; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

14.11.060 - Solid Waste and Recyclable Enclosure and Access Requirements

A.

Applicability. The standards in this subsection shall apply to the construction of new multi-family, commercial, institutional, and industrial buildings, unless an alternative approach is approved in writing by the solid waste and recycling service provider.

B.

Enclosure Requirements. Solid waste, recycling, and compostable receptacles stored outside shall be situated within one or more enclosures that satisfy the following requirements:

1.

Receptacles must be shielded from public view by a minimum six-foot high solid fence or wall unless the receptacle(s) exceed six feet in height, in which case the fence or wall shall be at least six inches taller than the receptacle(s).

2.

The enclosed area shall contain sufficient space to accommodate solid waste, recycling, and compostable receptacles, with at least two feet of clearance around drop boxes and compacters.

3.

Gate openings for drop box or compactors must be a minimum of ten feet in width. Gates for enclosures containing only carts or tubs may be a minimum of four feet in width. For multi-family and mixed use developments, enclosures for drop boxes or compactors shall include a separate pedestrian gate that is at least three feet in width.

4.

Enclosures for drop boxes and compactors shall be located on a level concrete pad that is a minimum of six inches in thickness, and shall be placed at least five feet from a combustible wall, opening, or combustible roof eave.

C.

Access Standards.

1.

Vehicle access to the front of a drop box or compactor pad shall be at least 50 feet in length and ten feet in width with a minimum of 18 feet of vertical clearance (23 feet above the enclosure itself).

2.

At least one accessible pedestrian route shall be provided between an accessible building and the enclosure to ensure adequate access for disabled persons. Such route shall conform to design standards listed in the Oregon Structural Specialty Code.

3.

Enclosures shall be located within 150 feet of the entrance to the accessible building(s) that they serve as measured along the accessible path of travel.