The purpose of this chapter is to promote and protect public health, safety, general welfare and amenity. Effective site planning, development design, and landscaping can accomplish the following objectives.

A.

Promote the most desirable use of land and arrangement of development in the city to conserve the value of land and buildings and thereby protect the city's tax revenues;

B.

Improve the physical environment through the provision of amenities such as open space, street trees, and live vegetation;

C.

Preserve the character and scale of existing development and control new development in conformity with the existing character of the area;

D.

Provide a transition between and a reduction in the environmental, aesthetic, and other impacts of one type of land use upon another;

E.

Promote safe and efficient pedestrian and traffic circulation patterns;

F.

Lessen the transmission of noise, dust, pollution and glare from one lot to another;

G.

Improve air quality through production of oxygen and reduction of dangerous carbon monoxide;

H.

Through shading, provide cooling of air and land to offset radiational heating;

I.

Minimize the negative impacts of stormwater runoff to enhance and protect surface and groundwater quality; and promote effective flood management;

J.

Control damaging impacts of sheet runoff and resultant surface water contamination;

K.

Through vegetation root systems, stabilize ground water tables and play an important and effective part in soil conservation, erosion control, flood control, and absorption of pollutants.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.01 (part))

Each of the uses regulated herein may be allowed only in the districts so designated in this zoning code and shall be subject to the conditions specified herein in addition to those specified elsewhere in this zoning code.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03)

New or converted multifamily dwellings are subject to the following conditions:

A.

To be converted to a multifamily dwelling, a building must have:

1.

A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single bedroom apartment;

2.

Six hundred twenty (620) square feet of floor area devoted to living quarters for each two bedroom apartment; and

3.

Seven hundred forty (740) square feet of floor area devoted to living quarters for each three or more bedroom apartments.

B.

New lots and buildings shall be in accordance with the provisions of this zoning code, except that in the R-160 district no livable floor area of an individual dwelling unit shall be higher than thirty (30) feet above the average grade of the dwelling unit. For buildings erected prior to September 26, 1979, where all or a portion of any such building is in excess of the maximum height permitted, rehabilitation may be permitted within the confines of the width and length dimensions of the building to a height not to exceed fifty (50) feet, or the highest portion of the structure presently existing, whichever is less.

C.

For structures of new construction in the R-160 district, at least fifty (50) percent of all dwelling units shall be provided with an entrance directly from the outside.

D.

In R-120, R-160, R-40 and R-40A districts, the setback areas from street lines shall be maintained in a natural state or landscaped, except for necessary ingress and egress, and shall be free of all parking areas.

E.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

F.

Additions to main structures for multifamily purposes is prohibited in the R-60, R-120 and R-160 districts. Conversion of and additions to auxiliary structures in these districts for multifamily purposes is allowed to an extent not in excess of fifty (50) percent of existing auxiliary structure coverage, provided the permitted maximum lot coverage is not exceeded.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.01)

Hospitals, convalescent homes, rest homes and the like are subject to the following conditions:

A.

Each semi-private room must have a minimum area of one hundred sixty (160) square feet and shall not be less than ten feet wide;

B.

Every habitable and occupiable room shall have window openings to the outdoors, with an egress, clear area of not less than one-tenth the floor area and an openable area of not less than fifty (50) percent of the required glass area;

C.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground;

D.

Facilities located in residential districts will not alter the character of the surrounding area within a two hundred (200) foot radius.

E.

Any expansion of convalescent homes and rest homes which existed prior to July 1, 1971, cannot exceed either the height of any existing structures or forty-five (45) feet, whichever is lesser, and shall be permitted a maximum of fifty (50) percent lot coverage, provided, however, such facility shall not contain more than sixty (60) skilled nursing beds and forty (40) assisted living units and accessory uses.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.02)

(Ord. No. 2011-026, § 1, 9-14-2011; Ord. No. 2023-37, § 1, 12-13-2023)

Transient guest facilities and the like are subject to the following conditions:

A.

Each guest bedroom or unit for hire shall have a floor area of at least three hundred (300) square feet.

B.

In those zoning districts where a transient guest facility is allowed by right:

1.

No more than one guest bedroom for each four hundred (400) square feet of lot area.

2.

The height of such a facility may vary from the established building height for the district for the purpose of enclosing such items as HVAC equipment, elevator penthouses, or other appurtenances usually required to be above the roof level and not intended for human occupancy provided:

a.

That the elevation of the finished ceiling of the highest habitable space does not exceed forty-eight (48) feet from the existing grade; and

b.

That the design of the facility will be reviewed and approved through the development plan review process with a recommendation from the historic district commission; and

c.

The property owner may meet the parking requirements of this zoning code by creating additional parking within an adjacent city-owned public parking facility. The ability to create the additional parking within adjacent city-owned public parking areas is conditioned on the property owner meeting the performance requirements established in Chapter 17.88, of this zoning code, and the approval of a parking agreement by the city council.

C.

There shall not be more than one guest bedroom for each one thousand five hundred (1,500) square feet of lot area in those zoning districts where a transient guest facility is allowed by special use permit.

D.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

E.

Transient guest facilities of ten (10) or more units, operated as time-share properties under the provisions of Rhode Island General Law Title 34, Chapter 41, may have stoves and similar cooking appliances within each unit.

F.

Time-share properties under the provisions of Rhode Island General Law Title 34, Chapter 41, shall only be permitted in those zoning districts where hotels are permitted as a matter of right or by special use permit; i.e., GB, WB and CI.

G.

Each transient guest facility is required to have a manager who is in charge and manages such rentals. This manager is not required to reside on the property of the transient guest facility.

(Ord. 2003-31 § 2, 2003; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.03)

(Ord. No. 2024-32, § 1, 9-25-2024)

Gasoline filling stations are subject to the following conditions:

A.

Such facilities shall be in accordance with the dimensional requirements specified in this zoning code, except that no such facility shall be located on any lot which is less than twenty thousand (20,000) square feet in area or which has a frontage of less than one hundred (100) feet.

B.

All pump islands and other service appliances shall be located at least fifteen (15) feet from any lot line.

C.

Only minor and emergency repairs and customary services, such as tire and chain service, are permitted outside of a building on a lot used for a gasoline filling station. Body or fender repairs or repainting shall not be considered emergency repairs and in no case shall work be done outside which involves considerable noise, dust, paint or lacquer spray mist or other objectionable characteristics.

D.

When located on a corner lot, ingress and egress shall be located at least forty (40) feet from the intersection of the street line with the corner radius.

E.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.04)

The manufacture, processing, assembly or storage of goods and the commercial storage of fuel or bottled gas, when located in a waterfront business district (WB), are subject to the following conditions:

A.

The lot on which the facility is to be located shall be adjacent to Newport Harbor.

B.

It shall be clearly demonstrated that the facility is dependent upon the harbor.

C.

Such facility shall be in accordance with the dimensional requirements specified in this zoning code, except that setback from the water shall not be required.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.05)

Editor's note— Ord. No. 2024-25, § 1, adopted August 28, 2024, repealed § 17.100.080, Former § 17.100.080 pertained to accessory uses and derived from § 1264.03.06 of the prior code; Ord. 65-94 (part), adopted 1994; Ord. 2000-4 (part), adopted 2000; Ord. 2001-26 § 2 (part), adopted 2001.

Restaurants are subject to the following conditions:

A.

A victualing house license application must be received by the city council prior to consideration by the zoning board of review of any special use permit application for a restaurant.

B.

For standard and fast-food restaurants, the consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, shall be posted as being prohibited and such prohibition shall be strictly enforced by the restaurateur.

C.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

D.

No carry-out restaurant shall be permitted either by right or by special use permit in any part of the city.

E.

Fast food restaurants must maintain the property so that it is litter free.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.07)

(Ord. No. 2023-37, § 1, 12-13-2023)

Notwithstanding other provisions of this zoning code to the contrary, arcades shall not be permitted within two hundred (200) feet of any building housing a Class A, B, C or D liquor license, a school, or any church or house of worship.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.08)

Temporary housing for yachting organizations is subject to the following conditions:

A.

A determination must first be made by the chief of inspection that the residence is adequate as to living quarters;

B.

Any needed parking shall be provided onsite;

C.

A certificate of occupancy shall be issued upon the approval of the division of inspection;

D.

Recurring problems related to parking and traffic in the surrounding neighborhood, complaints as to noise, or other disturbances, shall be cause for revocation of the certificate of occupancy.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.09)

Major recreational events are subject to the following conditions:

A.

A special event license must be issued for the event before any land is used for the event or preparations for the event.

B.

Those responsible for the event must be in compliance with the conditions and requirements of the special event license at all times, including post-event clean-up and restoration work.

C.

Signage for the event must not obstruct traffic by foot or vehicle or create a dangerous situation because of the sign's size or location. Permission must be granted in the special event license for any signs placed on public property.

(Ord. No. 2024-02, § 6, 1-10-2024)

A.

With the exception of household pets, no livestock, poultry or other animals are to be kept on any lot of less than three acres in size except as may be otherwise provided for under Sections 17.100.130(H) and 17.100.130(J) for the keeping of chicken hens.

B.

Household pets are defined as those pets living with one or more persons or a family in a structure or a portion thereof providing independent living facilities, including permanent provisions for living, sleeping, eating and sanitation, and containing a separate means of ingress and egress. The structure or portion thereof providing the independent living facilities shall not include outside areas or accessory structures such as garages, stables, sheds, coops or the like. Household pets shall include only domestic animals which are habituated to live with people within their household unit and which are not otherwise tamed to do so.

C.

Any building used for housing livestock and poultry or the storage of fertilizer or manure is to be located not less than one hundred (100) feet from any property or street line, except as may otherwise be provided for under Section 17.100.130(I).

(Ord. 2000-4 (part), 2000)

(Ord. No. 2013-013, § 1, 9-11-2013)

Home occupations are subject to the following conditions:

A.

The use must be clearly incidental and subordinate to the use of the dwelling unit for residential purposes, and must occupy not more than twenty-five (25) percent of the floor area within the dwelling unit;

B.

No more than one nonresident employee is authorized;

C.

There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the lot of the conduct of such business except for a sign as allowed by Chapter 17.76 of this zoning code;

D.

Traffic, including traffic by commercial delivery vehicles, shall not be generated in greater volumes than would normally be anticipated in a residential neighborhood;

E.

Required parking shall be provided on site;

F.

No hazard or nuisance shall be created to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists;

G.

There shall be no retail sales or the display of goods on the premises;

H.

The following are conditions for the keeping of chicken hens, subject to the issuance of a special use permit pursuant to subsection J herein.

1.

The keeping of chicken hens pursuant to this section shall be primarily for the purpose of raising chicken hens and collecting the eggs produced thereof; this section shall not be construed to allow for the slaughter and sale of any chicken hens or their eggs for any purpose.

2.

Any building used for housing of chicken hens or manure must meet the setbacks required under Sections 17.100.080(B) and (C) from any property or street line.

3.

The keeping of chicken hen(s) pursuant to this Section shall be permitted in residential zones only.

4.

There shall not be more than one hen per eight hundred (800) square feet of total lot area, with a maximum of six on any lot.

5.

No person shall keep any rooster.

6.

All chicken hens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:

a.

The hen house must be covered, predator resistant, and well-ventilated;

b.

The hen house must provide a minimum of two square feet per chicken and shall be no more than eight feet in height and a maximum of sixty-four (64) square feet in area;

c.

The hen house must be kept clean, dry, free from decaying food, dirt, dirty water and fecal matter and sanitary at all times; manure must be composted in enclosed bins;

d.

The hen house must be located upon a permeable surface that prevents waste run-off;

e.

The hen house and fenced outdoor enclosure must meet the setbacks required under Section 17.100.080(B) and (C);

f.

The fenced outdoor enclosure must adequately contain the chicken hens; such enclosure shall be securely enclosed and designed to prevent the chicken hens from escaping and predatory animals from gaining access;

g.

The fenced outdoor enclosure must be kept clean, free from decaying food, dirty water and fecal matter and sanitary at all times; must have proper food, water and accessible shelter; and manure must be composted in enclosed bins, at all times;

h.

The hen house must provide the chicken hens with adequate protection from the elements and inclement weather and chicken coops must provide for the chicken hens' good health and prevent any unnecessary or unjustified suffering; and

i.

The owner of the hen(s) must be a resident of the property on which they are located.

7.

No hen house (coop) shall be built onto any shared fence.

8.

No chicken hens may be kept or raised within any dwelling unit or otherwise roam freely on or off the property, other than in approved enclosures.

9.

All feed must be stored securely.

10.

No person shall place food in the open for the feeding of any chicken hen(s) except in such containers as will prevent the scattering of such food upon the ground. After such feed, such food shall not be allowed to remain where it is accessible to rodents or other animals.

11.

All chicken hens must be confined within the hen house between the hours of 9:00 p.m. and 7:00 a.m.

12.

No chicken hen may be slaughtered on the premises.

I.

The following uses are permitted home occupations provided they do not violate any of the provisions outlined above:

1.

Dressmaking, sewing and tailoring,

2.

Telephone answering,

3.

Photography studio,

4.

Tutoring,

5.

Home cooking and preserving,

6.

Home crafts,

7.

Studios for artists or craftsmen,

8.

Offices for doctors, dentists, attorneys, real estate agents, insurance agents, accountants, stock brokers, engineers, architects, landscape architects, musicians, writers, data programming and/or processing and the like,

9.

Rental of two guest bedrooms or less to no more than a total of four persons in an owner-occupied dwelling unit while the owner is present, with said dwelling unit being also the principal residence of the owner of said dwelling unit; only one such use shall be permitted on a lot. Such owner must have at least a fifty (50) percent individual ownership interest in the property.

J.

The following shall be considered a special use and be granted or denied by the zoning board of review only upon the issuance of a special use permit upon consideration of those standards contained in subsection H of this section:

1.

The keeping of six or fewer chickens.

K.

The following are prohibited as home occupations:

1.

Barber shops and beauty parlors excluding single operator hairdresser,

2.

Animal hospitals,

3.

Dancing studios,

4.

Restaurants,

5.

Nursery schools,

6.

Automobile repair or paint shops,

7.

Convalescent or nursing home,

8.

Private clubs,

9.

Undertakers' establishments,

10.

Gunsmith shop,

11.

Catering;

L.

Any proposed home occupation that is neither specifically permitted or prohibited shall be considered a special use and be granted or denied by the zoning board of review upon consideration of those standards contained in subsection G of this section;

M.

All home occupations must be registered with the zoning administrative officer for the City of Newport.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.12)

(Ord. No. 2013-013, § 1, 9-11-2013; Ord. No. 2020-06, § 1, 6-24-2020; Ord. No. 2024-25, § 2, 8-28-2024)

A.

No such use shall be conducted on any lot which is less than one acre in size or has a lot width of less than two hundred (200) feet.

B.

No such use shall be located within the required setbacks.

C.

Any structures utilized in conjunction with such use shall not cover more than two percent of the lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.13)

Emergency low income housing facilities are subject to the following conditions:

A.

Such a facility is to be located in a building which is more than forty (40) years old as of April 13, 1977;

B.

The facility is located in a building that is within a historic district;

C.

The facility is sponsored by a nonprofit entity, whose primary purpose is to provide housing to low and moderate income, elderly and/or handicapped persons, which qualifies for exemption from federal income taxation;

D.

The living units, which are a combination of dwelling units and rooms, are to be reserved for elderly, low and moderate income, and/or handicapped persons;

E.

The facility is located in a building which as of February 10, 1988 had in excess of one hundred (100) living units;

F.

Upon completion, the emergency low income housing facility will contain fewer living units than it had prior to the conversion;

G.

The facility is located in a building which covers more than ninety-five (95) percent of the lot on which it is situated and it need provide no additional parking as a result of the conversion;

H.

Such a facility shall not be subject to the density restrictions or floor area requirements set forth in the zoning code.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.14)

Nonprofit multifamily housing facilities for elderly and/or handicapped persons are subject to the following conditions:

A.

Such a facility is to be located on land acquired from the city, the housing authority of Newport, or the redevelopment agency of Newport by deed which contains a right of reverter to the grantor, in the event that the property is not used for the purposes of this section.

B.

The facility is to be owned and operated by a nonprofit corporation which qualifies for exemption from federal income taxation.

C.

The dwelling units are to be reserved for elderly persons and/or handicapped persons of low and moderate income as those persons are defined in the housing regulations of U.S. Department of Housing and Urban Development.

D.

The dwelling units shall contain no more than one bedroom and must have:

1.

A minimum of four hundred (400) square feet of floor area devoted to living quarters for each efficiency apartment;

2.

A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single-bedroom apartment.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.15)

Marinas and facilities for boating instruction are subject to the following conditions:

A.

The sale of fuel and or bottled gas on marinas site located in the waterfront-business district must conform with conditions identified in Section 17.100.070 of this zoning code;

B.

At least twenty (20) percent of the slips in a marina must be reserved for transient boats;

C.

Accessory uses in a marina shall be restricted to the sale of marine supplies and minor repair facilities;

D.

There shall be adequate pump-out facilities for boats.

E.

For boating instruction facilities, all boats and related equipment shall be stored and secured when not in use.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.17)

(Ord. No. 2023-37, § 1, 12-13-2023)

Public charitable corporations qualifying as public service corporations as defined in this zoning code are subject to the following conditions:

A.

Must be exempt from federal income taxation.

B.

Shall only be considered a public service corporation on those properties which the corporation has purchased directly from the city and is located in that portion of the R-60 zoning district which is south of the center line of Narragansett Avenue.

C.

The use of its premises shall be limited to the following:

1.

Museum;

2.

Offices for its administration and employees;

3.

Conferences, meetings, lectures, educational classes and seminars related to its public charitable purposes;

4.

Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;

5.

Luncheon room for employees;

6.

Laboratories for the study and conservation of paintings, fabrics, furniture and other decorative art.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.17)

The lot dimensions may vary in an R-10 zone subject to the following conditions:

A.

The property is directly purchased from the city;

B.

The project area is at least one hundred thousand (100,000) square feet in size.

C.

That at least fifty-one (51) percent of the house lots created are sold to individual households making below the community development maximum limit for income.

D.

The lots in the project are not less than three thousand (3,000) square feet.

E.

The lot widths are not less than fifty (50) feet and any radius lots are fifty (50) feet at the building line.

F.

The setbacks are no less than ten feet on the front line, five feet on the side line, and fifteen (15) feet on the rear line.

G.

The lot coverage does not exceed thirty-five (35) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.18)

Schools, colleges and universities including fraternity or sorority houses or dormitories for faculty or students are subject to the following conditions:

A.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

B.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

C.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.19)

Libraries are subject to the following conditions:

A.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

B.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.20)

Museums are subject to the following conditions:

A.

Must maintain its exemption from federal income taxation.

B.

The use of its premises shall be limited to the following:

1.

Offices for its administration and employees;

2.

Conferences, meetings, lectures, educational classes and seminars related to its museum purposes;

3.

Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;

4.

Luncheon room for employees;

5.

Laboratories for study and conservation;

6.

Residential quarters limited to use by staff.

C.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

D.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.21)

Cemeteries are subject to the following conditions:

A.

Hours of operation shall be limited from seven a.m. to sunset.

B.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

C.

Shall require and receive a proper permit before allowing the interment or entombment of any body as prescribed in Section 8.04.02.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.22)

Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions are subject to the following conditions:

A.

Must maintain its exemption from federal income taxation.

B.

The use of its premises shall be limited to the following:

1.

Museum;

2.

Offices for its administration and employees;

3.

Conferences, meetings, lectures, educational classes and seminars related to its public charitable purposes;

4.

Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;

5.

Luncheon room for employees;

6.

Laboratories for study and conservation;

7.

Residential quarters limited to use by staff.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.23)

Convention or conference centers are subject to the following conditions:

A.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.25)

Shopping centers are subject to the following conditions:

A.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

B.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.26)

Banks and other financial institutions are subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.27)

The manufacture, processing, assembly or storage of goods is subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.28)

Commercial parking lots are subject to the following conditions:

A.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

B.

The facility shall comply with the setback requirements of the district in which it is located.

Neighborhood parking lots are subject to the following conditions:

C.

A neighborhood parking lot shall not be used as an off street loading area.

D.

No commercial motor vehicles shall use a neighborhood parking lot.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.29)

(Ord. No. 2023-37, § 1, 12-13-2023)

Taverns are subject to the following conditions:

A.

A victualing house license application must be received by the city council prior to consideration by the zoning board of review of any special use permit application for a restaurant.

B.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.30)

Commercial recreation facilities are subject to the following conditions:

A.

Shall not be conducted on any lot which is less than ten thousand (10,000) square feet in size or has a lot width of less than two hundred (200) feet.

B.

Shall not be located within the required setbacks.

C.

Any structures utilized in conjunction with such use shall not cover more than the allowable lot coverage for the applicable district.

D.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for the district in which the project is located.

E.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.31)

Guest houses are subject to the following conditions:

A.

Each room or unit of new construction for hire shall have a floor area of at least three hundred (300) square feet.

B.

The design of the facility shall be reviewed and approved through the development plan review process with a recommendation from the historic district commission, where appropriate.

C.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

D.

For new construction or renovations resulting in the upgrading of new service, all utilities shall be installed underground.

E.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.32)

Undertakers establishments are subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Shall require and receive a proper permit before allowing the interment or entombment of any body as prescribed in Section 8.04.020.

C.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.33)

Schools of limited instruction are subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.34)

Two-family dwellings are subject to the following conditions:

A.

To be converted to a two-family dwelling a building must have:

1.

A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single bedroom dwelling;

2.

Six hundred twenty (620) square feet of floor area devoted to living quarters for each two bedroom dwelling; and

3.

Seven hundred forty (740) square feet of floor area devoted to living quarters for each three or more bedroom dwelling.

B.

New lots and buildings shall be in accordance with the provisions of this zoning code and the minimum floor area requirements of the building codes, except that in the R-160 district no livable floor area of an individual dwelling unit shall be higher than thirty (30) feet above the average grade of the dwelling unit. For buildings erected prior to September 26, 1979, where all or a portion of any such building is in excess of the maximum height permitted, rehabilitation may be permitted within the confines of the width and length dimensions of the building to a height not to exceed fifty (50) feet, or the highest portion of the structure presently existing, whichever is less.

C.

For structures of new construction in the R-160 district, at least fifty (50) percent of all dwelling units shall be provided with an entrance directly from the outside.

D.

In R-120, R-160, R-40 and R-40A districts, the setback areas from street lines shall be maintained in a natural state or landscaped, except for necessary ingress and egress, and shall be free of all parking areas.

E.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

F.

Additions to main structures for two family purposes is permitted in the R-60, R-120 and R-160 districts. Conversion of and additions to auxiliary structures in the R-60, R-120 and R-160 districts for two-family dwellings is prohibited.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1264.03.35)

Vacation guest facilities are subject to the following conditions:

A.

Each single bedroom unit for hire shall have a floor area of at least five hundred (500) square feet devoted to living space except that units without kitchens shall be permitted with a minimum floor area of four hundred (400) square feet.

B.

Two bedroom units shall have a minimum floor area of six hundred twenty (620) square feet devoted to living space.

C.

Three bedroom units shall have a minimum floor area of seven hundred forty (740) square feet devoted to living space.

D.

No unit shall have more than three bedrooms.

E.

In those districts where a vacation guest facility is allowed by right (general business and commercial-industrial) the following may occur:

Provided that the property owner agrees to maintain not less than twenty (20) percent of: (1) the total lot area where the facility is located, or (2) the total lot area of two contiguous lots where such facilities are located, as a naturally landscaped area, i.e. lawn, walkways, trees and/or shrubbery without pavement, the parking requirements for the facility or facilities may vary from the established standards in Chapter 17.104 as follows:

1.

For each one-bedroom unit and for each room that can be converted into a one-bedroom unit by locking it out from the other rooms in the unit, one space is required;

2.

For each unit with two or more bedrooms, one and one-half spaces are required.

F.

There shall not be more than one unit for each one thousand two hundred (1,200) square feet of lot area. Contiguous lots with similar facilities can be measured together to determine the number of units for meeting this standard.

G.

For new construction or renovations resulting in the up-grading of service, all utilities shall be installed underground.

H.

During the course of the development plan review for a vacation guest facility the conceptual design of the exterior of the facility shall be presented to the historic district commission for recommendations on compatibility with the surrounding area in accordance with Section 17.80.060.

(Ord. 2000-4 (part), 2000: Ord. 12-96 § 1 (6), 1996: prior code § 1264.03.37)

Golf courses are subject to the following conditions: a minimum of eighty (80) acres of contiguous land area in single ownership shall be required to establish a new golf course use.

(Ord. 2000-4 (part), 2000: Ord. 98-51 § 2, 1998)

Governmental employee parking lots are subject to the following conditions:

A.

Lots shall not be used between the hours of twelve (12) midnight and six o'clock a.m.

B.

No commercial motor vehicles shall use the lot.

(Ord. 2000-4 (part), 2000)

Federal, state, and municipal buildings are subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. No. 2023-37, § 1, 12-13-2023)

Automobile repair shops are subject to the following conditions:

A.

All repair, service, and sales operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.

B.

Vehicle services establishments shall provide or preserve a landscape buffer. The buffer shall be a minimum of six feet in height and the plants spaced to provide a continuous screen at maturity.

C.

No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.

D.

No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.

(Ord. No. 2023-37, § 1, 12-13-2023)

Agricultural and horticultural societies are subject to the following conditions:

A.

All equipment shall be stored within an enclosed structure.

B.

All chemicals, such as fertilizers or pesticides, shall be stored indoors.

(Ord. No. 2023-37, § 1, 12-13-2023)

Theaters are subject to the following conditions:

A.

For new construction or renovations resulting in the upgrading of service, all utilities shall be installed underground.

B.

Except where and to the extent that the applicant owns an abutting property or properties, all off-street parking and loading zone spaces must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located.

C.

All exterior mechanical systems must conform to the setback requirements for an accessory structure or accessory use for the district in which the project is located and must be permanently screened as not to be visible from off premises.

(Ord. No. 2023-37, § 1, 12-13-2023)

Commercial scale energy systems in the Innovation Hub are subject to the following conditions:

A.

Commercial scale energy systems shall comply with Chapter 17.90, Wind Energy Systems and shall be exempt from the requirements of the second through sixth sentences of that section. Sections 17.90.060 and Section 17.90.080 do not apply to this zone.

(Ord. No. 2023-37, § 1, 12-13-2023)

Day care centers and nursery schools are subject to the following conditions:

A.

The applicant shall provide proof of state licensing.

B.

There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces.

C.

The parking plan shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(Ord. No. 2023-37, § 1, 12-13-2023)

Drive-through facilities are subject to the following conditions:

A.

All drive-through facilities shall provide the minimum number of spaces for stacking of waiting vehicles as determined in accepted traffic practices and standards.

B.

Stacking spaces provided shall not impact on site circulation or traffic on adjoining streets.

C.

Drive-through facilities shall not be accessed by an adjoining neighborhood street.

D.

Speakers used for ordering and other service shall be located so as not to disturb or interfere with abutting properties.

(Ord. No. 2023-37, § 1, 12-13-2023)

Parking structures and multimodal transportation centers are subject to the following conditions:

A.

On the ground level facade where interior parking spaces are visible, a decorative fence and landscape material is required to screen the parking spaces. The fence shall be a minimum of five feet tall and landscape shall be a minimum of two feet tall at time of planting.

B.

Facade design and screening shall mask any visible interior circulation and create the appearance of horizontality along any abutting streets.

C.

For parking structures with roof top parking, a five-foot parapet wall shall be provided around the parking area.

(Ord. No. 2023-37, § 1, 12-13-2023)

Horse-riding academies and boarding stables for horses are subject to the following conditions:

A.

Exterior exercise areas shall be completely enclosed with a fence at least four feet tall.

B.

All overnight boarding operations shall be located indoors.

C.

Where the use abuts a residential use or zoning district, there shall be a one hundred-foot setback from each such lot line abutting a residential use or zoning district.

(Ord. No. 2023-37, § 1, 12-13-2023)

Day camps for children and youth are subject to the following conditions:

A.

There shall be a designated drop-off area located near a designated entrance point, with a queuing lane that does not impact traffic on adjoining streets.

B.

Where the use abuts a residential use or zoning district, there shall be a fifty-foot setback from each such lot line abutting a residential use or zoning district.

C.

Limited to seasonal use.

(Ord. No. 2023-37, § 1, 12-13-2023)