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Newport City Zoning Code

CHAPTER 17

36.- R-40A RESIDENTIAL DISTRICT

17.36.010.- Legislative intent.

The purpose of the R-40A residential district is the same as that for the R-40 residential district, except that two-family dwellings and multifamily dwellings of new construction are not permitted. With the exception of conversions, the intent of this district is to maintain the single-family nature of the area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.061)

17.36.020. - Use regulations.

A.

The following uses are permitted by right:

1.

Single-family dwellings;

2.

Home occupations;

3.

Churches and places of worship;

4.

Parks, playgrounds and playing fields;

5.

Community residences;

6.

Family day care homes;

7.

Municipal and public service corporation buildings and facilities; community water supply reservoirs; community well houses; water towers, water and sewage treatment facilities, water and sewage pumping stations;

8.

Accessory uses with respect to the foregoing;

9.

Residential scale wind energy system.

10.

Decks, following dimensional standards described in Section 17.04.050(K).

B.

The following uses require a special use permit from the zoning board of review:

1.

Conversions to a two-family dwelling;

2.

Conversions to a multifamily dwelling;

3.

Schools, colleges and universities including fraternity or sorority houses or dormitories for faculty or students;

4.

Libraries;

5.

Museums;

6.

Cemeteries;

7.

Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

8.

Agricultural and horticultural societies;

9.

Schools of limited instruction;

10.

Federal, state and municipal buildings, excluding correctional institutions and hospitals for the mentally ill.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.062)

(Ord. No. 2012-019, § 6, 12-12-2012; Ord. No. 2025-18, § 1, 3-26-2025)

17.36.030. - Dimension requirements.

A.

The minimum lot area shall be forty thousand (40,000) square feet.

B.

The minimum lot width shall be two hundred (200) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.063)

17.36.040. - Setback requirements.

The minimum setback requirements are:

A.

Front line, fifty (50) feet;

B.

Side line, forty (40) feet;

C.

Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.064)

17.36.050. - Lot coverage requirements.

The portion of a lot to be covered by buildings shall not exceed ten percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.064)

17.36.060. - Building height requirements.

Building height shall not exceed thirty-five (35) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.066)

17.36.070. - Density requirements.

A.

For lots of less than forty thousand (40,000) square feet in area which existed prior to April 13, 1977, the maximum allowable density is one single-family dwelling.

B.

Conversion to a two-family dwelling is permitted for buildings which existed prior to April 13, 1977 on lots of less than forty thousand (40,000) square feet in area but more than twenty thousand (20,000) square feet in area which existed prior to April 13, 1977.

C.

Conversion to multifamily dwelling is permitted for buildings which existed prior to April 13, 1977 on lots of less than forty thousand (40,000) square feet in area which existed prior to April 13, 1977. The maximum allowable density is one dwelling unit per ten thousand (10,000) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.067)