City of Newport Zoning Ordinance

The zoning code is adopted and enacted in accordance with the provisions of Title 45, Chapter 24, Section 27 through 72 of the General Laws of Rhode Island as amended in 1991.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code 1260.01)

It is the intent of this zoning code to aid in the implementation of the adopted comprehensive plan for the city. This zoning code and such plan are designed to further the purposes set forth in Title 45, Chapter 24, of the General Laws, and for the promotion with the greatest efficiency and economy of the coordinated development of the city and prosperity of its people, particularly in the following ways, each with equal priority and numbered for reference purposes only:

• • A. Promoting the public health, safety, and general welfare;

  • B. Providing for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs;

  • C. Providing for orderly growth and development which recognizes:

    • 1. The goals and patterns of land use contained in the comprehensive plan of the city adopted pursuant to Title 45, Chapter 22.2 of the General Laws,

    • 2. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution,

    • 3. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands,

    • 4. The values of unique or valuable natural resources and features,

    • 5. The availability and capacity of existing and planned public and/or private service and facilities,

    • 6. The need to shape and balance urban and rural development, and

    • 7. The use of innovative development regulations and techniques;

  • D. Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation;

  • E. Providing for the protection of the natural, historic, cultural, and scenic character of the city or areas therein;

  • F. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space;

  • G. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements;

  • H. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing;

  • I. Providing opportunities for the establishment of low and moderate income housing;

  • J. Promoting safety from fire, flood and other natural or man-made disasters;

  • K. Promoting a high level of quality in design in the development of private and public facilities;

  • L. Promoting implementation of the comprehensive plan of the city adopted pursuant to Title 45, Chapter 22.2 of the General Laws;

  • M. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality;

  • N. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process;

  • O. Providing for procedures for the administration of the zoning code, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications;

  • P. Notwithstanding any provision of this zoning code, structures, buildings, and land may be erected and/or used by the City of Newport, or any agency or department thereof, for public or municipal purposes in any zoning district, and said structures, buildings, and lands so erected or used shall be exempt from the provisions of this zoning code.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.02)

This zoning code is hereby adopted to further the purposes of the comprehensive plan adopted for the city. Any amendment to this zoning code shall be consistent with the policies and goals of the adopted comprehensive plan for the city. In the instance of uncertainty in the construction or application of any section of this zoning code, the zoning code shall be construed in a manner that will further the implementation of and not be contrary to, the goals and policies and applicable elements of the comprehensive plan.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.03)

Nothing in this zoning code shall be deemed to require a change in the plans, construction or designated use of any project or part thereof, for which a valid special use permit, building permit, or certificate of occupancy was lawfully issued prior to the effective date of this zoning code, or any amendment thereto.

Applications for development that are substantially complete and have been submitted for approval to the appropriate review agency prior to the enactment of a new zoning code or amendment will be considered vested under this section and shall be reviewed under the regulations applicable in the zoning code in force at the time the application was submitted. Applications will be considered substantially complete if the application has been placed on the agenda of the zoning board of review, the planning board or the historic district commission or upon the request of the applicant a letter from the zoning officer certifying completeness has been issued. If an application for development under the provisions of this section is approved, development of the property must begin within six months of the issuance of the building permit and in no case shall development be halted for a continuous period of six months after that, unless it can be proven by the applicant that such hiatus in development activity is due to reasons beyond the applicant's control in which case the applicant must petition the director of public works for extension of the building permit. Failure to comply with the time constraints shall constitute the loss of all benefits resulting from being vested in addition to any other requirements as may arise out of such noncompliance.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.12)

• A. Generally. The provisions of this zoning code shall be minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided, and particularly as follows:

  • 1. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located;

  • 2. No building or other structure shall hereafter be erected or altered:

    • a. To exceed the building height or bulk herein permitted,

    • b. To accommodate or house a greater number of families than herein permitted,

    • c. To occupy a greater percentage of lot area than herein permitted,

    • d. To have less setback than herein required, or

    • e. In any other manner contrary to the provisions of this zoning code;

  • 3. No setback or off-street parking or loading space required around or in connection with any building for the purpose of complying with this zoning code shall be included as part of a setback or off-street parking or loading space similarly required for any other building;

  • 4. No setback or lot existing at the time of April 13, 1977 shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks and lots created after this effective date shall meet the minimum requirements established herein.

• B. Prohibited Uses. It is intended that any use not included in this zoning code as a permitted use is prohibited. To assist in the interpretation of such permitted uses, the following uses, the list of which is not intended to be complete, are specifically prohibited: motor vehicle race tracks; drive-in theaters; drive-in restaurants, except in a shopping center in the commercial-industrial (CI) district; carry-out restaurants; junk yards, marine salvage operations; mobile home parks; ammonia, chlorine or bleaching powder manufacture; industrial, processes utilizing the combustion of soil coal; blast furnaces; incinerators, including those in conjunction with any waste to energy plan; board, steam and drop hammers; creosote treatment and manufacture; petrochemical manufacture; distillation of coal, petroleum, refuse, grain, wood or bones; explosive manufacture or storage; glue, size or gelatin manufacture; grain drying; reduction, storage or dumping of slaughterhouse refuse, garbage, dead animals or offal; radioactive materials or waste; rawhides or skin storage, cleaning, curing or tanning; soap manufacture from animal fats: sulfuric, nitric, picric, carbolic or hydrochloric acid manufacture; the open storage of more than one unregistered or inoperable motor vehicle per lot, with the one unregistered or inoperable vehicle per lot not to be stored openly for more than thirty (30) days; casino-type gambling, including, but not limited to, video lottery terminal gambling, as a principal use or accessory use, the renting of buildings or portions thereof for occupancy for lodging accommodations for periods of twenty-nine (29) consecutive days or less with the exception of guest houses, historic guest houses, transient guest facilities and vacation guest facilities as defined in Section 17.08.010 and the rental of rooms as a home occupation pursuant to Section 17.100.130 (l)(9);

• C. Setbacks. No structure shall extend within less than the minimum distances of any front line, side line or rear line as specified in this zoning code, except as follows or as otherwise provided:

  • 1. Belt courses, canopies cornices, eaves, marquees pilasters, bay windows, stairs less than thirty (30) inches above grade, mechanical equipment (excluding condensers), and similar architectural features may project three feet into the area required for setback from a street or other line;

  • 2. Fences, walls, and posts may be located without reference to setbacks, provided there is compliance with height limitations and other applicable sections of this zoning code;

  • 3. Athletic equipment may not be located within five feet of a side or rear line or within fifteen (15) feet of a front line;

  • 4. Outdoor lighting facilities greater than ten feet in height shall not extend within ten feet of any front line;

  • 5. In the case of a portion of a lot in a nonresidential district, which portion is contiguous to a railroad right-of-way, no setback from such a contiguous side or rear lot line is required;

  • 6. The setback from the front line can be decreased from that required by a particular zoning district provided that such reduced setback may be no less than the front setback of either structure on the adjoining lots. This provision is applicable only when a lot is bounded on one or both side by another lot. A lot entirely bounded by streets must comply with the standard setback provision as required;

  • 7. Setbacks applicable to accessory uses are as provided for in Chapters 17.96, 17.100 and 17.104;

• D. Height of Structures. Except as otherwise provided, no structure shall exceed the maximum height specified in this zoning code. Such regulations shall not apply to spires, belfries, cupolas, flagpoles, water tanks, ventilators, farm silos, elevator penthouses, chimneys or other appurtenances usually required to be above the roof level and not intended for human occupancy, provided that such structures are incidental to a permitted use located on the same property, and except that for buildings which are located in a general business district and which were erected prior to the date of April 13, 1977, where all or a portion of any such building is in excess of the maximum building height permitted in this zoning code, rehabilitation and alteration of such building is 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 lower.

• E. Dwellings Units. Whenever in this Code the terms "single-family dwelling(s)," "two family dwelling(s)'" or "multifamily dwelling(s)" are used in district use regulations, the term "family" used therein shall have the same meaning as "household" and the term "dwellings" shall have the same meaning as "dwelling unit," as these terms are defined in Section 17.08.010.

• F. Outside Storage in Nonresidential Districts. Except as otherwise provided in nonresidential districts, outside storage, including storage of merchandise, supplies, machinery and other materials and the outside manufacture, processing or assembling of goods, but excluding areas for parking of registered motor vehicles in daily use, shall not extend into the area required for setback from any line and shall be enclosed by buildings, fences, walls, embankments or evergreen shrubs or trees so as to screen the storage area from view from any other lot or from any street.

• G. Site Development in Nonresidential District. Except as otherwise provided site development in nonresidential districts shall be as follows:

  • 1. Off-Street Parking and Loading. All off-street parking and loading shall conform to the standards specified in this zoning code.

  • 2. Driveways. There shall be not more than one driveway entering any lot from any one street if such lot has a frontage of less than one hundred (100) feet. For other lots, there shall be not more than two driveways entering from any one street, except that there may be one additional driveway for each additional three hundred (300) feet of lot frontage in excess of three hundred (300) feet. Driveways shall not exceed thirty (30) feet in width at the street line unless greater width is required by the state. Driveways shall intersect with the street line at an angle of about ninety (90) degrees.

  • 3. Landscaping. All areas not used for structures, off-street parking and loading, outside storage and vehicular and pedestrian ways, shall be suitably landscaped with trees and/or shrubs, lawns or other suitable landscape development features and suitably maintained. Along and adjacent to any residential district boundary line, there shall be a screen consisting of existing vegetation, evergreen planting or wooden fencing, depending on the uniqueness of the property, which screen shall be of sufficient density and height to effectively screen the nonresidential use from the adjacent residential district.

• H. Wetlands. Except as otherwise provided in the R-60, R-120 and R-160 districts, no main structure shall be located within one hundred (100) feet of the mean high water level of tidal waters or within one hundred (100) feet of a wetland so designated by the State Department of Environmental Management and no septic system or any part thereof shall be located within two hundred (200) feet of the mean high water level of tidal waters or within two hundred (200) feet of a wetland so designated by the State Department of Environmental Management.

• I. Off-street Parking and Loading. It is the intent of the off-street parking and loading provisions to ensure that off-street parking and loading spaces are provided to accommodate the motor vehicles of all persons normally using or visiting a use or structure at any one time. For any permitted use, to include changes from one permitted use to another permitted use, such spaces shall be provided in accordance with the standards hereinafter specified and as amended. However, if the existing and proposed uses are permitted by right and the change of use is occurring within a structure that exists at the time of the adoption of this amendment, (Ord. No. 2010-25), and the new use requires an equal or less amount of off-street parking as required under other provisions of this Code, then such additional spaces shall not be required. All spaces required to be provided by this zoning code shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use of land or structures for which such spaces are herein required.

• J. Damage or Destruction. For any existing conforming or legally nonconforming building or use which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired within one year, off-street parking or loading facilities need not be provided within such period of reconstruction, re-establishment or repair; except that parking or loading shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this zoning code for equivalent new uses or construction.

In those instances where the building official certifies that the condition of the building is structurally unsound and a hazardous safety situation to the general public exists, the preceding approval process need not be followed.

• K. Decks on Residential Properties. Decks on residentially-zoned properties and on non-residentially-zoned properties that have been approved for residential and/or guest house use must follow the following dimensional requirements. For purposes of this section, "second floor deck" means a deck with a surface level greater than five feet above grade, but no greater than fifteen (15) feet above grade, and "third floor deck" means a deck with a surface level greater than fifteen (15) feet above grade but no greater than twenty-five (25) feet above grade.

  • i. First Floor "Ground-Level" Decks. Allowed by-right, following standard setbacks for main buildings and lot coverage limitations, per the dimensional standards in Section 17.12.040 based on the zoning district in which the property is located.

  • ii. Second Floor Decks and Balconies.

    • a. Decks. Allowed following standard setbacks for main buildings per the dimensional standards in Section 17.12.040 based on the zoning district in which the property in which the property is located. Limited to one hundred (100) square feet in total size.

    • b. Balconies. Only allowed to project no greater than four feet from the exterior wall of the house, following standard setback requirements. Limited to forty (40) square feet in total size.

  • iii. Third Floor Decks and Balconies.

    • a. Decks. Only allowed over existing portions of the building, and must be in-set three feet from exterior edge of the floor below and following standard setbacks for main buildings per the dimensional standards in Section 17.12.040 based on the zoning district in which the property in which the property is located. Limited to thirty (30) square feet in total size.

    • b. Balconies. Only allowed to project no greater than three feet from the exterior wall of the house, following standard setback requirements. Limited to twenty-four (24) square feet in total size.

  • iv. Above the Third Floor. No decks or balconies are allowed above the third floor of any residential structure, including any "roof" decks.

  • v. Existing Decks. Decks or balconies in existence prior to the passage of this Code are allowed to be retained and repaired, but any modification to such decks or balconies must comply with the standards established above.

(Ord. 2003-40 § 1, 2003; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.16)

(Ord. No. 2010-25, § 1, 6-23-2010; Ord. No. 2012-011, § 1, 6-13-2012; Ord. No. 2014-019, § 1, 8-27-2014; Ord. No. 2019-35, § 1, 10-9-2019; Ord. No. 2020-06, § 1, 6-24-2020; Ord. No. 2024-14, § 1, 7-24-2024; Ord. No. 2025-12, § 1, 3-26-2025)

For the purpose of this zoning code, certain words and terms shall have the meanings listed below. Doubts as to the precise meaning of other words and terms shall be determined by the zoning board of review with reference to the General Laws and Webster's Third New International Dictionary, respectively.

"Abutter" means one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

"Accessory dwelling unit (ADU)" means a residential living unit on the same lot where the principal use is a legally established single-family dwelling, two-family dwelling or multi-family development. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

"Accessory family dwelling unit" means a dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

"Accessory use" means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall be restricted to the same lot as the principal use, and shall not be permitted without such principal use.

"Adaptive reuse" means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.

"Advanced manufacturing" is the use of best practices, low or zero-pollution technology to improve products or processes, often integrating new technologies in both products and processes.

"Affiliate" means, with respect to a specific owner: (a) such owner's parents or parents-in-law (blood or adoptive), spouse, children or grandchildren (blood or adoptive) or any blood relative residing with such owner; (b) a trustee of a trust for the benefit of such owner or of any person identified in the immediately preceding clause; or (c) a corporation, partnership, firm, business or entity of which the majority of the voting interest is owned by such owner or any person identified in clause (a) and (b) above; or (d) a person who is an officer, director, stockholder (fifteen (15) percent or more), trustee, employee, or partner of any entity or person referred to in clauses (a), (b) and (c) above.

"Aggrieved party" means:

• • 1. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of either the zoning officer or the planning board or the zoning board of review or any official of the city involved in the enforcement of this zoning code; or

  • 2. Anyone requiring notice pursuant to this zoning code.

"Agricultural land" means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

"Applicant" means an owner or authorized agent of the owner submitting an application or appealing an action of the zoning officer, planning board or the zoning board of review or any official of the city involved in the enforcement of this zoning code.

"Application" means the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the applicable department, board or commission of the city for review, approval, or permitting purposes.

"Arcade" means any premises where the principal use is maintaining coin-operated machines for the general public and is defined as a game room subject to Section 5-2-10 of the General Laws of the State of Rhode Island, as amended.

"Blue economy" is the sustainable use of ocean resources for economic growth, improved livelihoods, and jobs, while preserving the health of the ocean ecosystem.

"Buffer" means land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy. Not all structures are buildings.

"Building envelope" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

"Building height" For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a one hundred (100) year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation;

• • 1. The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

  • 2. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one hundred (100) year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

"Building line" means a line parallel to the street line at a distance equal to the required setback or a greater distance.

"Carry out restaurant." See "restaurants."

"Casino type gambling" means the operation or conducting of any games played with cards, roulette wheels, dice, slot machines, video lottery terminals, mechanical, electro-mechanical or electronic amusement devices or machines for money, property, checks, credit or any representative of value including, without limiting the generality of the foregoing, baccarat, faro, monte, poker, keno, black jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, klondike, chuck-a-luck, wheel of fortune, chemin de fer, pai gow, beat the banker, and panguingui and similar games of chance for the return of money, cash or prizes or anything that could be redeemed for money, cash or prizes. This definition does not apply to any such games of chance operated by charitable organizations licensed under Rhode Island General Laws Title 11, Chapter 19 as amended.

"Cellar" is a story of a building that has at least four feet of its story below abutting principal streets.

"Clubs for outdoor recreation" means an incorporated or unincorporated association for active recreational activities operated for the benefit of its members and not open to the general public. Active recreation activities include but are not limited to tennis, swimming, boating, golf, and shuffleboard.

"Cluster" means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used are but not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where zoning code provisions include incentive bonuses for certain types or conditions of development.

"Combined use lot" means for purposes of Chapter 17-76 titled "Signs," a combined use lot shall be, either a parcel of land or no more than three contiguous lots under common ownership, containing no less than seven hundred fifty thousand (750,000) square feet of land and located in the commercial-industrial district.

"Commercial indoor recreation" means a recreational activity, excluding arcades, which may be viewed or participated in by patrons, for which an entry or user fee is charged, and which takes place inside a building.

"Commercial outdoor recreation" means a recreational activity, excluding arcades, which may be viewed or participated in by patrons, for which an entry or user fee is charged, and which takes place out of doors or in temporary structures, such as pavilions or tents.

"Commercial parking lot" means a parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any compensation is charged independently of any other use of the premises.

"Commercial scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of greater than ten kilowatts and not exceeding one hundred (100) kilowatts for onsite consumption (not precluding net metering).

"Common ownership" means either:

• • 1. Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or

  • 2. Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

"Community benefit agreement" is a planning board condition of approval in the form of a binding written agreement negotiated between the city solicitor and an applicant and approved by the city council. The city solicitor shall engage the community benefits committee in accordance with the North End Urban Plan to determine the extent to which any proposal does in fact create a benefit that meets the needs of the community with the consequences of the impact defining the need. The agreement shall provide in detail the benefits that the applicant will provide to the community as a condition of approval of its development application as well as a projected timetable when such benefits will be provided.

"Community impact report" is a detailed, written report that evaluates the costs and benefits to the city, to the local community, which is defined as the comprehensive plan designated neighborhood, and to the neighbors within the notice area of a proposed project. The report's components include, but are not limited to, fiscal impacts on the city, as well as the impacts of the proposed development on employment, housing affordability, neighborhood needs and services, property taxation, property values, noise, odors, compatibility of uses, lighting and dark skies, environmental sustainability and resilience, connectivity, accessibility, and safety of mobility options.

"Community residence" means a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance-use-disorder-treatment facilities. The does include, but is not limited to, the following:

• • 1. Whenever six or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L, Chapter 24 of Title 40.1. All requirements pertaining to this zoning code are waived for these community residences;

  • 2. A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to R.I.G.L. Chapter 24 of Title 40.1;

  • 3. A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver, and licensed by the state pursuant to R.I.G.L. Chapter 72.1 of Title 42;

  • 4. A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

"Comprehensive plan" means the comprehensive land use plan prepared by the Newport planning board with technical assistance from the Newport planning department as adopted by the city council and to which all zoning provisions adopted shall be in compliance.

"Conservation land" means any parcel or area of undeveloped land conserved in its natural state for perpetuity through deeds or other legal means.

"Convalescent homes and rest homes" is housing consisting of state-licensed nursing homes and state-licensed assisted living facilities providing housing and services primarily to the elderly. Such facilities shall contain common use areas, which may include common dining and recreation areas. Expansion of such facilities which existed prior to July 1, 1971, is permitted by right on the same property or adjacent parcels under common ownership at the time of passage of the ordinance codified in this section.

"Co-working space" is a facility where people assemble in a neutral space to work independently on different projects, or in groups on the same projects. Unlike a typical office, people in a coworking space generally are not working for the same company.

"Day care" or "day care center" means any other day care center which is not a family day care home.

"Day care" or "family day care home" means any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

"Day care center" means day care for five or more unrelated persons at the same time in a nonresidential structure, or for more than twelve (12) unrelated persons at the same time in a residential structure other than the provider's.

"Demolition" means the razing or removal of greater than fifty (50) percent of the gross area of a structure (including structural floor and roof decking as well as exterior skin and framing). This definition is applicable to all principal structures outside of any local historic district. Gross area comprises the aggregate of wall surface areas, floor surface areas and roof surface areas. Hazardous materials, window assemblies, and non-structural roofing materials are excluded from the calculation of gross area.

Density, Residential. "Residential density" means the number of dwelling units per lot.

"Development" means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

"Development plan review" means design or site plan review of a development of a permitted use. See Chapter 17.88, Development plan review.

"Dormitory" means a structure used for housing for persons generally unrelated to each other by blood or marriage, containing not more than one kitchen or dining facility and affiliated with a school, college or university by contract or otherwise.

"Drainage system" means a system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding.

"Drive-in restaurant." See "restaurants."

"Dwelling unit" means a structure or portion of a structure, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

"Established grade." For the purposes of building height, established grade is calculated as the mean of the highest and lowest points within the building envelope (as defined within the zoning code), upon the natural topography on site prior to any development, filling grading, or other land disturbance. Established grade is calculated through examination of topographical maps reposited with the city engineer. Final determination of established grade is made by the city building official.

"Established museum parking" means parking incidental to a museum use, including the parking of cars and/or buses, motor coaches, and other motor vehicles, on lots used in whole or in part for the parking of any motor vehicles incidental to that museum use as of November 9, 1994.

"Extractive industry" means the extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

"Family" means a person or persons related by blood or marriage, or other legal means.

"Fast food restaurant." See "restaurants."

"Floodplains" or "flood hazard area" means an area that has a one percent or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 U.S.C. 4011 et seq.].

"Governmental employee parking lots" means a parcel of land or portion thereof the principal use of which is parking personal motor vehicles of employees of any agency of government.

"Green economy" is defined as low carbon, resource efficient and socially inclusive. In a green economy, growth in employment and income are driven by public and private investment into such economic activities, infrastructure and assets that allow reduced carbon emissions and pollution, enhanced energy and resource efficiency, and prevention of the loss of biodiversity and ecosystem services.

"Gross square footage" means the floor space area contained by the outer perimeters of a building.

"Groundwater" means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and consolidated rock fractures. The zone of materials filled with groundwater is called the "zone of saturation."

"Guest facilities" means establishments for renting rooms or dwelling units as follows:

• • 1. Guest House. A building in which one or more dwelling units or rooms for sleeping are rented for lodging accommodations for periods of twenty nine (29) consecutive days or less with or without the furnishing of meals and with the owner or a manager who is in charge and manages such rentals residing on the guest house property. In those districts where guest houses are permitted by right, the requirement for the owner or manager to reside on the guest house property shall not apply. No more than a total of five rooms for sleeping, with no more than two guests allowed per room shall be allowed to be rented irrespective of the number of dwelling units or rooms for sleeping that are contained in the building. Only one building on a lot or parcel of land shall be allowed a guest house use.

  • 2. Historic Guest House. A building the sole principal use of which is the rental of no more than eighteen (18) rooms rented on a daily, weekly, or monthly basis, with or without the providing of meals and which: (a) is listed on the National Register of Historic Places; and (b) is in a building which is subject to the jurisdiction of the Newport historic district commission pursuant to Chapter 17.80 of this zoning code; and (c) does not contain any other uses, accessory or otherwise, without being granted by a special use permit;

  • 3. Transient Guest Facilities. Buildings with rooms or units offered to the public for occupancy as lodging accommodations on a day-to-day, or week-to-week basis and dependent on external facilities to the room or unit for the furnishing of meals, including, but not limited to, hotels, motels, inns and time-share properties and units;

  • 4. Vacation guest facilities means facilities of ten or more units with kitchens, designed primarily for occupancy on a day-to-day or week-to-week basis and for not more than thirty-one (31) consecutive days by any one guest or guest family, including time-share properties and time-share units as defined by Rhode Island General Laws Section 34-41.

"Guest House." See "guest facilities."

"Halfway house" means a residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to becoming functional members of society.

"Historic district" means one or more historic properties or sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or properties, and has been registered, or is deemed eligible to be included, on the National Register of Historic Places, or which is within the historic district zoning map as defined in Section 17.80.030 of this zoning code.

"Historic guest house." See "guest facilities."

"Historic site" means any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the National Register of Historic Places.

"Home occupation" means any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

"Household" means one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

• • 1. A family, which may also include servants and employees living with the family; or

  • 2. A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than one person per bedroom and shall not exceed five unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

"Incentive zoning" means the process whereby a developer may be granted additional development capacity in exchange for the developer's provision of a public benefit or amenity as may be specified in this zoning code.

"Infrastructure" means facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

"Kitchen" means an area within a housekeeping unit which contains a cooking facility. A cooking facility can be a stove, oven, microwave oven, toaster oven, hot plate, or other similar appliance.

"Land development project" means a project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including, but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses as provided for in this zoning code.

"Live-work dwelling" is a single unit consisting of both a commercial/office and a residential unit that is occupied by the same person.

"Lot" means either:

• • 1. The basic development unit for determination of lot area, depth, and other dimensional regulations; or

  • 2. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

"Lot area" means the total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

"Lot building coverage" means that portion of the lot that is or may be covered by buildings and accessory buildings. For purposes of determining lot coverage, roof eaves up to thirty-six (36) inches, driveways, above- and below-grade patios, as reflected in Table in 17.78.020, open-air trellises, fences and stone walls, landscaped features, stairs less than thirty-two (32) inches above grade, condensers, generators, and propane tanks shall not constitute a building.

"Lot depth" means the distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

"Lot frontage" means that portion of a lot abutting a street.

"Lot line" means a line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

• • 1. Front. The lot line separating a lot from a street right-of-way or lot line nearest the street;

  • 2. Rear. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

  • 3. Side. Any lot line other than a front or rear lot line.

Lot, Through. "Through lot" means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

"Lot width" means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

"Major recreational event" means an event sponsored by a recognized national or international sporting organization which is intended to draw a total of more than five thousand (5,000) spectators and the duration of which shall not exceed fourteen (14) days.

"Maker-space" is a facility focused on technology and small-scale manufacturing opportunities, such as making furniture, clothing, watches, jewelry or bicycles, but also including uses such as a catering facility, coffee roasting, glass blowing, metal/art fabrication, welding, small machine shop, wholesale bakery or a pottery making facility. This is distinct from the maker and makertech character subdistricts.

"Marijuana retail facility" means any facility that dispenses or sells marijuana, including, but not limited to, retail stores, compassion centers and emporiums/vape lounges.

"Marina" means a waterfront facility containing docks and/or slips and/or piers at which boats are berthed, and/or a basin for mooring boats. Such facilities may provide utilities and offer supplies, and perform minor repairs.

"Maritime museum" means a museum, as defined herein, which specializes in display of collections, objects of interest, and works of art relating to traditional maritime activities, including fishing, yachting, transport, defense, surveillance, and rescue. Maritime museums are a separate and distinct use, which are permitted only in the traditional maritime and waterfront business districts.

"Meteorological tower" means the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms and equipment, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a fixed period of time, providing instantaneous wind information or to characterize wind resources at a fixed location.

"Mixed use" means a mixture of land uses within a single development, building, or tract.

"Mobile home." See "moveable dwellings."

"Modification." Permission granted and administered by the zoning officer of the city, and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements from the zoning ordinance, not to exceed fifteen (15) percent of each of the applicable dimensional requirements.

"Motorized camper." See "moveable dwellings."

"Moveable dwellings" means:

• • 1. Mobile Home. A moveable or portable dwelling built on a chassis, connected to utilities, and designed without a permanent foundation for year-round living.

  • 2. Motorized Camper. A dwelling designed and constructed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, camping, recreational and vacation use.

  • 3. Pick-Up Coach and Pick-Up Camper. A structure designed primarily to be mounted on a pick-up or track chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, camping, recreational and vacation use.

  • 4. Tent Trailer. A folding structure, mounted on wheels to be used as a temporary dwelling for travel, camping, recreational and vacation use.

  • 5. Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, camping, recreational and vacation use.

"Multifamily dwelling" means a building containing three or more dwelling units.

"Multimodal" is a transportation that considers and accommodates the many ways people travel, including, but not limited to, walking, bicycling, transit, rideshare, and driving with a goal of reducing automobile use and vehicle miles traveled.

"Museum" means a building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for natural, scientific, historical or literary collections or objects of interest, or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.

"Neighborhood parking lot" means a lot set aside for the parking of noncommercial motor vehicles controlled by, and for the exclusive benefit of residential neighbors of the lot.

"NEUP" means the North End Urban Plan which has been approved and adopted by the Newport City Council and incorporated into the City of Newport Comprehensive Land Use Plan.

"Nonconformance" means a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this zoning ordinance and not in conformity with the provisions of this zoning code or amendment. Nonconformance shall be of only two types:

• • 1. Nonconforming by Use. A lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this zoning code shall be nonconforming by use.

  • 2. Nonconforming by Dimension. A building, structure, or parcel of land not in compliance with the dimensional regulations of this zoning code. Dimensional regulations include all regulations of this zoning code, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this zoning code, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

"Nursery school" means a facility operated primarily for educational instruction of pre-school children.

"Ocean technologies" is a sector of the advanced technology industry that focuses on products and services to understand and work in or use of the ocean. This includes, but is not limited to, advanced maritime technology, oceanographic and marine biology research, aquaculture, and ocean related renewable energy research.

"Open space" means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment.

"Overlay district" means a zoning district that is superimposed on one or more zoning districts or parts of zoning districts and that imposes specific requirements in addition to, but not less than, those otherwise applicable for the underlying zoning district.

"Performance standards" means a set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

"Permitted use" means a use by right which is specifically authorized in a particular zoning district.

"Pre-application conference" means a review meeting of a proposed development held between applicants and reviewing officials before formal submission of an application for a permit or for a development approval.

"Principal structure" means the building on a lot where a use is conducted.

"Private garage" means a building or portion of a building used for the housing of noncommercial motor vehicles, and in which no occupation, business or service connected in any way with motor vehicles is carried on.

"Professional and business offices" means offices of doctors, dentists, attorneys, real estate agents, insurance agents, accountants, brokers, engineers, architects, landscape architects, photographers, musicians, offices for data processing, telephone answering services, studios of artists and craftsmen, and the like.

"Public garage" means a building or portion of a building, used for the housing of commercial or noncommercial motor vehicles and in which no repair facilities are provided and no commercial repair work is carried on.

"Public service corporation" means a city or state owned enterprise or corporation providing services essential to the general public convenience or safety (such as Newport Utilities Department, Rhode Island Public Transit Authority.) All projects proposed by a public service corporation must be reviewed and approved by the city administration through the development plan review chapter of this zoning code. In addition, in the case of R.I.P.T.A., any facility that would be permitted must be adjacent to a state highway.

A public charitable corporation incorporated under the laws of the state of Rhode Island exempt from federal income taxation under the provisions of Section 501 (c)(3) of the Internal Revenue Code, may also be considered a public service corporation in those circumstances where the following conditions are met:

• • 1. The corporation owns and manages property that has been purchased by the corporation directly from the City of Newport;

  • 2. The corporation's primary purpose is the preservation and restoration of historic structures; and

  • 3. The standards established in Chapter 17.100.190 of this zoning code are complied with.

"Public utilities — Private electrical services" means any private and/or investor-owned company which engages in the transmission of electricity, or owns, operates, or controls private electric transmission or substation facilities.

"Residential scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of up to ten kilowatts or less for onsite consumption (not precluding net metering).

"Restaurants" means establishments for the serving of foods and beverage are defined as follows:

• • 1. "Carry-out restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation is such that foods, frozen desserts or beverages are usually served in edible containers, or paper, plastic or other disposable containers, and no provision is made for consuming said items on the premises.

  • 2. Drive-in restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design, method of operation or any portion of whose business is such that foods, frozen desserts or beverages are served directly to the customer in a motor vehicle, either by a car-hop or by other means which eliminate the need for the customer to exit the motor vehicle, or where the consumption of food, frozen desserts or beverages within a motor vehicle parked on the premises is allowed, encouraged or permitted.

  • 3. "Fast-food restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either on the premises or off the premises and whose design or principal method of operation is such that customers are normally served their foods, frozen desserts or beverages in edible containers or in paper, plastic or other disposable containers.

  • 4. No type of fast-food or franchise operation, nor the sale of prepackaged food, shall be permitted as an accessory use to any retail use or to any standard restaurant.

  • 5. "Standard restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation is such that customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed. It also means a cafeteria-type operation provided foods, frozen desserts, or beverages are not served in edible containers or in paper, plastic or other disposable containers, and are consumed on the premises.

  • 6. Incidental take-out service of food and/or beverages shall be considered an accessory use to a standard restaurant use provided that the proprietor can demonstrate upon the annual renewal of the victualing license that the incidental take-out constitutes less than twenty-five (25) percent of the annual gross dollar value of the business activity.

"School," "college" and "university" means a public or private institution giving regular educational instruction for eight or more months in a year, but not including a school of limited instruction.

"School of limited instruction" means a public or private institution giving special or limited educational instruction, such as in business, trade, music or dancing, or a training school for delinquents or the mentally impaired.

"Setback line or lines" means a line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

"Service" means a use that provides a personal service that is nonmedical as a primary use and may include accessory retail sales of products related to the service. These may include, but are not limited to hair salons, dry cleaning facilities, tailors, groomers, laundromats and travel agencies.

"Shadow flicker" means visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

"Shopping center" means a group of stores where goods are sold or service is rendered primarily at retail, planned, developed and managed as a unit, located on a lot of at least ten acres.

"Short term rental or short term rentals." See "guest facilities", supra.

"Single-family dwelling" means a building containing one dwelling unit.

"Site plan" means the development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

"Site restoration plan" means detailed drawings with topographic lines showing existing and proposed vegetation and required grading or backfilling.

"Special use" means a use so identified under a zoning use district and which is allowed only pursuant to a special use permit (formerly referred to as a "special exception") issued by the zoning board of review.

"Special use permit" means authorization granted by the zoning board of review to allow a special use on the property. The granting of a special use permit precludes the applicant from carrying out any uses on the property allowed by right under the zoning use district, until the special use permit is either cancelled or abandoned.

"Standard restaurant." See "restaurants."

"Story" is that part of a facade between the surface of one floor more than thirty-three (33) percent of the building area and the ceiling immediately above. It must be at least seven feet six inches high. A cellar does not count as a story.

"Street line" means the dividing line between the street and the lot.

"Structure" means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

"Substandard lot of record" means any lot lawfully existing at the time of adoption or amendment of this zoning code and not in conformance with the dimensional and/or area provisions of this zoning code.

"System height" means the vertical distance from established grade to the tip of the wind generator at the maximum height.

"Tavern" means an establishment whose principal business is the sale of alcoholic beverages where consumption occurs on the premises.

"Temporary accessory use for a major recreational event" means a use of property not more than fourteen (14) days to support a major recreational event on other property in the City of Newport, in one or more ways that are subordinate to and reasonably necessary for the success of the event and are associated with or sanctioned by the major recreational event sponsor. Such temporary accessory uses, which may be located in existing buildings or in tents or other temporary structures, include, but are not limited to, welcome and hospitality centers, including food service to volunteers of the major recreational event; equipment storage; media sites; parking areas; passenger drop-off and pick-up areas; and facilities for communications, security, and medical needs; provided that event preparation and restoration activities on properties adjacent to the major recreational event site are permitted for no more than one hundred forty (140) days.

"Tent trailer." See "moveable dwellings."

"Theater" means a building used for the showing of motion pictures or live stage performances.

"Tower" means the monopole, guyed monopole or lattice structure that supports a wind generator."

"Transient guest facilities." See "guest facilities."

"Travel trailer." See "moveable dwellings."

"Two-family dwelling" means a building containing two dwelling units.

"Unified development review" is the process by which a zoning ordinance may provide that review and approval of dimensional variances, use variances and/or special-use permits for properties undergoing review by the planning board or commission as land-development or subdivision projects pursuant to RIGL §45-23-36, be conducted and decided by the planning board.

"Use" means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

"Utility scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of greater than one hundred (100) kilowatts especially for sale or distribution into the power grid.

"Vacation guest facilities." See "guest facilities."

"Variance" means permission granted by the zoning board of review to depart from the literal requirements of this zoning code. An authorization granted by the zoning board of review for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is not permitted by this zoning code. There shall be only two categories of variance, a use variance or a dimensional variance.

• • 1. Use Variance. Permission to depart from the use requirements of this zoning code where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this zoning code.

  • 2. Dimensional Variance. Permission to depart from the dimensional requirements of this zoning code, under the applicable standards set forth in RI General Laws § 45-24-41 and Zoning Ordinance Chapter 17.108, Variances and modifications.

"Video lottery terminal gambling" means gambling by the use of any electronic computerized video game machine that upon the insertion of cash, is available to play a video game authorized by the lottery commission, and which uses a video display and microprocessor in which, by chance, the player may receive free games or credits that can be redeemed for cash. This definition shall include any game or device that is commonly known as a video game of chance or a video gaming machine or that is commonly known as or considered to be a video gambling machine, except a video device authorized by the lottery commission to permit the sale of tickets by retailers in a game authorized under Title 42, Chapter 61 of the Rhode Island General Laws if all of the following apply:

• • 1. The device does not determine whether the player has won a prize;

  • 2. The device does not indicate whether the player has won a prize other than verifying that the player's ticket or some or all of the player's symbols or numbers on the player's ticket have been selected in a chance drawing, or by verifying that the player's ticket has been randomly selected by a central system computer at the time of purchase;

  • 3. Any game that is similar to a game listed in the preceding categories.

"Waters" means all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands.

Wetland, Coastal. "Coastal wetland" means any salt marsh bordering on the tidal waters of this state, whether or not the tide waters reach the littoral areas through natural or artificial water courses, and such uplands contiguous thereto, but extending no more than fifty (50) yards inland therefrom, as the executive director of the coastal resources management council shall deem reasonably necessary to protect those salt marshes.

Wetland, Freshwater. "Freshwater wetland" includes but is not limited to, marshes; swamps; bogs; ponds; rivers; river and stream flood plains and banks; areas subject to flooding or storm flowage; emergent or submergent plant communities in any body of fresh water including rivers or streams and that area of land within fifty (50) feet of the edge of any bog, marsh, swamp or pond.

"Wind generator" means the blades and associated mechanical and electrical conversion components mounted on the tower whose purpose is to convert kinetic energy of the wind into rotational energy to generate electricity.

"Workforce housing" is housing that is affordable to workers, and close to their jobs. It is ownership as well as rental housing that can be reasonably afforded by a moderate to middle income workforce and located in acceptable proximity to multimodal transportation options or job opportunities. It is generally accepted to be housing that is affordable to households earning up to one hundred twenty (120) percent of the area median income (AMI).

"Yachting organization" means the crew, support staff, and families of a yacht temporarily housed in the city for, any race sponsored by a local yacht club, or organized by a national sailing organization, including related training.

"Zoning certificate" means a document signed by the zoning officer, as required by this zoning code, which acknowledges that a use, structure, building, or lot either complies with or is legally nonconforming to the provisions of this zoning code or is an authorized variance, or modification therefrom.

"Zoning map" means the map or maps which are a part of this zoning code and which delineate the boundaries of all mapped zoning use districts within the physical boundary of the city.

"Zoning code" means an ordinance enacted by the city council of the City of Newport pursuant to Title 45 Chapter 24 of the General Laws of Rhode Island which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city, which includes a zoning map, and complies with the provisions of Title 45 Chapter 24 of the General Laws of Rhode Island.

"Zoning district" means the basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. Each zoning district may include sub districts. Zoning districts may be combined.

"Zoning officer" means person appointed by the city council to perform duties in accordance with Sections 17.112.010 and 17.112.020 of this zoning code.

(Ord. 2006-1 § 1, 2006; Ord. 2004-43 § 1, 2004; Ord. 2004-10 § 1, 2004; Ord. 2003-31 § 1, 2003; Ord. 2003-19 § 1, 2003; Ord. 2000-4 (part), 2000: Ord. 97-50A § 1, 1997; Ord. 12-96 § 1 (1), 1996; Ord. 65-94 (part), 1994: prior code § 1260.04)

(Ord. No. 2011-025, § 1, 9-14-2011; Ord. No. 2012-011, § 1, 6-13-2012; Ord. No. 2012-019, § 1, 12-12-2012; Ord. No. 2013-016, § 1, 10-9-2013; Ord. No. 2018-12, § 1, 11-14-2018; Ord. No. 2019-36, § 1, 10-9-2019; Ord. No. 2020-02, § 1, 2-26-2020; Ord. No. 2020-06, § 1, 6-24-2020; Ord. No. 2021-01, § 1, 1-13-2021; Ord. 2021-22, § 1, 9-8-2021; Ord. No. 2022-10, § 1, 3-23-2022; Ord. No. 2022-13, § 1, 5-11-2022; Ord. No. 2023-33, § 1, 12-13-2023; Ord. No. 2024-02, § 1, 1-10-2024; Ord. No. 2024-15, § 1, 7-24-2024; Ord. No. 2024-24, § 1, 8-28-2024; Ord. No. 2024-34, § 1, 9-25-2024)

For the purposes of this zoning code, the city is hereby divided into the following zoning districts:

 

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.05)

(Ord. 2021-23, § 1, 9-8-2021)

The boundaries of the zoning districts indicated in Section 17.12.010 are shown on the "Official Zoning Map, City of Newport, Rhode Island," effective July 1, 1977, consisting of forty-six (46) plats. Such map and any and all amendments thereto are hereby made a part of this zoning code and are on file in the office of the city clerk. Copies of such plats and all amendments are available with the zoning officer in the department of planning, zoning, development and inspections. Upon publication of this zoning code and map, and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the Division of Planning of the Department of Administration of the State of Rhode Island, and the State Law Library.

(Ord. 2008-45 § 1, 2008; Ord. 2000-4 (part), 2000: Ord. 98-34, 1998; Ord. 65-94 (part), 1994: prior code § 1260.07)

Where uncertainty exists as to boundaries of districts as shown on the official zoning map, the following rules shall apply:

• • A. Boundaries indicated as approximately following the centerlines of rights-of-way shall be construed to follow such lines;

  • B. Boundaries indicated as approximately following recorded lot lines shall be construed as following such lines;

  • C. Boundaries indicated as approximately following the city limits shall be construed to following such lines;

  • D. Boundaries indicated as following railroad lines shall be construed to fall midway between the main tracks;

  • E. Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of the natural change in the shoreline, be construed as moving with the natural actual movement of the shoreline; boundaries indicated as approximately following centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such natural centerlines. In the case of tidal waters, the shoreline shall be construed as the mean high water mark;

  • F. Boundaries indicated as parallel to, or extensions of, features indicated in subsections A and E hereof shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

  • G. Where physical or other features existing on the ground are, at variance with those shown on the official zoning map, the actual location shall govern;

  • H. Where a district boundary line divides a lot which was in single ownership at the time of April 13, 1977, the zoning board of review may permit the extension of this zoning code for either portion of the lot not to exceed thirty (30) feet beyond the district line into the remaining portion of the lot;

  • I. Such lines, limits, etc., mentioned herein above shall be those of record as of April 13, 1977 or thereafter amended.

Where the above rules fail to clarify the status of land in a particular case, the zoning officer shall interpret in such a manner as to carry out the intent and purpose of this zoning code. Appeal from the interpretation of the zoning officer in such cases shall be to the zoning board of review.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.08)

The following Dimensional Standards Table displays the dimensional, setback, lot coverage, and building height requirements set forth for each district in Chapters 17.16 through 17.70.

City of Newport - Dimensional Standards Table

 

* Structures on lots abutting residential zoning district shall maintain a minimum setback of ten feet from abutting res. district
** ;hg;Buildings shall not exceed three stories above the abutting principal streets; Structures on lots abutting a residential zoning district shall not exceed twenty-four (24) feet in height for a distance of thirty (30) feet from the abutting residentially zoned lots with the exception of railroads; The maximum building height for structures located in flood hazard areas shall be thirty (30) feet.
*** ;hg;Accessory Structure Setbacks are described in Section 17.100.080

(Ord. No. 2023-34, § 1, 12-13-2023)

All permitted uses are subject to any and all applicable conditions and standards of this zoning code.

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

The following table of permitted uses establishes the uses that are permitted in each zoning district. Uses marked with a "Y" are permitted by right. Uses permitted in a zoning district requiring a special use permit are marked with an "S". The number next to the letter "S" indicates the specific and objective criteria listed in Chapter 17.109 Special Use Permits associated with that use, that an application for a special use permit must meet. For uses with no SUP Category listed, Chapter 17.96 Performance Standards, Chapter 17.100 Development Standards, Chapter 17.104 Parking and Loading Standards, and other applicable chapters may apply. Where the letter "N" appears, the use is prohibited.

 

Table of Permitted Uses

 

(Ord. No. 2023-35, § 1, 12-13-2023)

To the extent a proposed land use is not specifically listed in this section, the property owner may submit a written request to the zoning officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning officer will have fourteen (14) days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. Uses listed in Section 17.04.050.B. Prohibited uses are prohibited in all districts.

(Ord. No. 2023-35, § 1, 12-13-2023)

• a. Permitted Use in All Districts. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under eligibility.

• b. Eligibility.

  • 1. Adaptive reuse development must include at least fifty (50) percent of existing gross floor area developed into residential units.

  • 2. There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

• c. Density Calculations.

  • 1. For projects that meet the following criteria, the residential density shall be no less than fifteen (15) dwelling units per acre:

    • i. Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

    • ii. The development includes at least twenty (20) percent low- and moderate-income housing.

    • iii. The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

  • 2. For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

  • 3. The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

• d. Dimensional Requirements.

  • 1. Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

  • 2. No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

  • 3. Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

    • i. Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

• e. Parking Requirements.

  • 1. Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

  • 2. The parking requirements and design standards in Chapter 17.100, Development Standards and Chapter 17.104, Parking and Loading Standards shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

• f. Allowed Uses Within an Adaptive Reuse Project.

  • 1. Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

  • 2. Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of this section and Chapter 17.100, Development Standards for the zoning district in which the structure is located.

(Ord. No. 2023-35, § 1, 12-13-2023)

The R-3 residential district is an area characterized by the highest density urban development allowed in the city. This area is centrally located within close proximity to commercial and public support services. The intent of this district is to maintain the historic and colonial character of this portion of the city.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.011)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Nursery schools and day care centers;

  • 6. Parks, playgrounds and playing fields;

  • 7. Community residences;

  • 8. Family day care homes;

  • 9. 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;

  • 10. Accessory uses with respect to the foregoing.

  • 11. 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. Multifamily dwellings;

  • 2. Reserved;

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Convalescent homes and rest homes;

  • 10. Governmental employee parking lots;

  • 11. 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 § 1260.06.012)

(Ord. No. 2022-11, § 1, 3-23-2022)

• A. The minimum lot area shall be three thousand (3,000) square feet.

• B. The minimum lot width shall be fifty (50) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.013)

(Ord. No. 2025-13, § 1, 3-26-2025)

The minimum setback requirements are:

• • A. Front line, zero feet; for new construction and additions, five feet;

  • B. Side line, three feet;

  • C. Rear line, five feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.014)

(Ord. No. 2025-13, § 2, 3-26-2025)

The portion of a lot to be covered by buildings shall not exceed forty-five (45) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.015)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.016)

• A. For lots of less than three thousand (3,000) 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 three thousand (3,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of five thousand (5,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of five thousand (5,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per one thousand five hundred (1,500) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.017)

The R-4 residential district is an area of medium-high density residential development. This district generally extends outward from the highest density development located within the urban core. The intent of this district is to provide a transition area of diminishing residential densities. The minimum lot size requirement is designed to limit future subdivisions of land within this district; thereby minimizing any adverse effects to the established residential character of the area.

(Ord. No. 2025-28, § 1, 3-26-2025)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Nursery schools and day care centers;

  • 6. Parks, playgrounds and playing fields;

  • 7. Community residences;

  • 8. Family day care homes;

  • 9. 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;

  • 10. Accessory uses with respect to the foregoing;

  • 11. 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. Multifamily dwellings;

  • 2. Reserved;

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Convalescent homes and rest homes;

  • 10. Governmental employee parking lots;

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

(Ord. No. 2025-28, § 1, 3-26-2025)

• A. The minimum lot area shall be four thousand (4,000) square feet.

• B. The minimum lot width shall be fifty (50) feet.

(Ord. No. 2025-28, § 1, 3-26-2025)

The minimum setback requirements are:

• • A. Front line, seven feet;

  • B. Side line, five feet;

  • C. Rear line, ten feet.

(Ord. No. 2025-28, § 1, 3-26-2025)

• A. The portion of a lot to be covered by buildings shall not exceed thirty-five (35) percent.

(Ord. No. 2025-28, § 1, 3-26-2025)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. No. 2025-28, § 1, 3-26-2025)

• A. For lots of less than four thousand (4,000) 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 four thousand (4,000) square feet in area but greater than five thousand (5,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of four thousand (4,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of six thousand (6,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per two thousand (2,000) square feet of lot area.

(Ord. No. 2025-28, § 1, 3-26-2025)

The R-6 residential district is an area of medium density residential development. This district generally extends outward from the highest density development located within the urban core. The intent of this district is to provide a transition area of diminishing residential densities. The minimum lot size requirement is designed to limit future subdivisions of land within this district; thereby minimizing any adverse effects to the established residential character of the area.

(Ord. No. 2025-29, § 1, 3-26-2025)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Nursery schools and day care centers;

  • 6. Parks, playgrounds and playing fields;

  • 7. Community residences;

  • 8. Family day care homes;

  • 9. 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;

  • 10. Accessory uses with respect to the foregoing;

  • 11. Residential scale wind energy system;

  • 12. Conversion to a multifamily dwelling of former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School.

  • 13. 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. Multifamily dwellings;

  • 2. Reserved;

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Hospitals;

  • 10. Convalescent homes and rest homes;

  • 11. Undertaker's establishments;

  • 12. Clubs for outdoor recreation;

  • 13. Neighborhood parking lots;

  • 14. Nonprofit multifamily housing facilities for the elderly and/or handicapped;

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

(Ord. No. 2025-29, § 1, 3-26-2025)

• A. The minimum lot area shall be six thousand (6,000) square feet.

• B. The minimum lot width shall be fifty (50) feet.

(Ord. No. 2025-29, § 1, 3-26-2025)

The minimum setback requirements are:

• • A. Front line, ten feet;

  • B. Side line, five feet;

  • C. Rear line, fifteen (15) feet.

(Ord. No. 2025-29, § 1, 3-26-2025)

The portion of a lot to be covered by buildings shall not exceed thirty (30) percent.

(Ord. No. 2025-29, § 1, 3-26-2025)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. No. 2025-29, § 1, 3-26-2025)

• A. For lots of less than six thousand (6,000) 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 six thousand (6,000) square feet in area but greater than three thousand (3,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of six thousand (6,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of seven thousand five hundred (7,500) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per two thousand five hundred (2,500) square feet of lot area.

• E. A minimum lot area of forty thousand (40,000) square feet is necessary for nonprofit multifamily housing facilities for the elderly and/or handicapped. The maximum allowable density is one dwelling unit per two thousand (2,000) square feet of lot area.

• F. Conversion to a multifamily dwelling of former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School. The maximum allowable density is one dwelling unit per one thousand four hundred (1,400) square feet of lot area.

(Ord. No. 2025-29, § 1, 3-26-2025)

The R-10 residential district is an area of medium density residential development. This district generally extends outward from the highest density development located within the urban core. The intent of this district is to provide a transition area of diminishing residential densities. The minimum lot size requirement is designed to limit future subdivisions of land within this district; thereby minimizing any adverse effects to the established residential character of the area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.021)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Nursery schools and day care centers;

  • 6. Parks, playgrounds and playing fields;

  • 7. Community residences;

  • 8. Family day care homes;

  • 9. 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;

  • 10. Accessory uses with respect to the foregoing;

  • 11. Residential scale wind energy system.

  • 12. Conversion to a multifamily dwelling of former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School.

  • 13. 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. Multifamily dwellings;

  • 2. Reserved;

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Hospitals;

  • 10. Convalescent homes and rest homes;

  • 11. Undertaker's establishments;

  • 12. Clubs for outdoor recreation;

  • 13. Neighborhood parking lots;

  • 14. Nonprofit multifamily housing facilities for the elderly and/or handicapped;

  • 15. 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 § 1260.06.022)

(Ord. No. 2012-019, § 2, 12-12-2012; Ord. No. 2019-01, § 1, 2-13-2019; Ord. No. 2022-11, § 2, 3-23-2022; Ord. No. 2025-14, § 1, 3-26-2025)

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. The minimum lot width shall be eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.023)

The minimum setback requirements are:

• • A. Front line, fifteen (15) feet;

  • B. Side line, ten feet;

  • C. Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.024)

The portion of a lot to be covered by buildings shall not exceed twenty (20) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.025)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.026)

• A. For lots of less than ten thousand (10,000) 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 ten thousand (10,000) square feet in area but greater than five thousand (5,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of ten thousand (10,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of ten thousand (10,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per two thousand five hundred (2,500) square feet of lot area.

• E. A minimum lot area of forty thousand (40,000) square feet is necessary for nonprofit multifamily housing facilities for the elderly and/or handicapped. The maximum allowable density is one dwelling unit per two thousand (2,000) square feet of lot area.

• F. Conversion to a multifamily dwelling of former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School. The maximum allowable density is one dwelling unit per one thousand four hundred (1,400) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.027)

(Ord. No. 2019-02, § 1, 2-13-2019)

The purpose of the R-10A residential district is the same as that for the R-10 residential district, except that two-family dwellings of new construction and multifamily dwellings are not permitted. This area is primarily characterized by single-family residential development. The intent is to maintain this land use pattern.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.031)

• 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.

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

  • 1. Conversions to a two-family dwelling;

  • 2. Libraries;

  • 3. Museums;

  • 4. Cemeteries;

  • 5. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 6. Agricultural and horticultural societies;

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

  • 8. Neighborhood parking lots.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.032)

(Ord. No. 2012-019, § 3, 12-12-2012)

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. The minimum lot width shall be eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.033)

The minimum setback requirements are:

• • A. Front line, fifteen (15) feet;

  • B. Side line, ten feet;

  • C. Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.034)

The portion of a lot to be covered by buildings shall not exceed twenty (20) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.035)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.035)

• A. For lots of less than ten thousand (10,000) 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 at least ten thousand (10,000) square feet in area which existed prior to April 13, 1977.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.037)

The R-20 residential district is also an area of medium density residential development. This district occurs in areas adjacent to the R-10 district and is characterized by larger minimum lot size requirements. The intent of this district is to maintain the nature of the established residential pattern in these areas.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.041)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Nursery schools and day care centers;

  • 6. Parks, playgrounds and playing fields;

  • 7. Community residences;

  • 8. Family day care homes;

  • 9. 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;

  • 10. Accessory uses with respect to the foregoing;

  • 11. Residential scale wind energy system.

  • 12. 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. Multifamily dwellings;

  • 2. Reserved;

  • 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. Convalescent homes and rest homes;

  • 11. Undertakers' establishments;

  • 12. Clubs for outdoor recreation;

  • 13. Temporary housing for yachting organizations;

  • 14. 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 § 1260.06.042)

(Ord. No. 2012-019, § 4, 12-12-2012; Ord. No. 2022-11, § 3, 3-23-2022; Ord. No. 2025-16, § 1, 3-26-2025)

• A. The minimum lot area shall be twenty thousand (20,000) square feet.

• B. The minimum lot width shall be one hundred (100) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.043)

The minimum setback requirements are:

• • A. Front line, thirty (30) feet.

  • B. Side line, fifteen (15) feet.

  • C. Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.044)

The portion of a lot to be covered by buildings shall not exceed fifteen (15) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.045)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.046)

• A. For lots of less than twenty thousand (20,000) 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 twenty thousand (20,000) square feet in area but more than ten thousand (10,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of twenty thousand (20,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of twenty thousand (20,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per three thousand (3,000) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.047)

The R-40 residential district is an area of lower density residential development. This district is found in the southern part of the city. The intent of this district is to allow growth through the conversion of existing structures and the in-filling of isolated vacant lots which will not alter the character of the area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.051)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Temporary housing for yachting organizations;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Nursery schools and day care centers;

  • 7. Parks, playgrounds and playing fields;

  • 8. Community residences;

  • 9. Family day care homes;

  • 10. 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;

  • 11. Accessory uses with respect to the foregoing;

  • 12. Residential scale wind energy system.

  • 13. 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. Multifamily dwellings;

  • 2. Reserved;

  • 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. Convalescent homes and rest homes;

  • 11. Clubs for outdoor recreation;

  • 12. 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 § 1260.06.052)

(Ord. No. 2012-019, § 5, 12-12-2012; Ord. No. 2022-11, § 4, 3-23-2022; Ord. No. 2025-17, § 1, 3-26-2025)

• 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 § 1260.06.053)

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 § 1260.06.054)

The portion of a lot to be covered by buildings shall not exceed fifteen (15) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.055)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.056)

• 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. A minimum lot area of forty thousand (40,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of forty thousand (40,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per five thousand (5,000) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.057)

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)

• 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)

• 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)

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)

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)

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)

• 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)

The R-60 residential district is also an area of lower density residential development located in the southern portion of the city. The intent of this district is similar to that of the R-40 district. That is to allow growth, but not at the expense of the established residential character of the district. For that reason, new multifamily construction is not permitted.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.071)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Temporary housing for yachting organizations;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Nursery schools and day care centers;

  • 7. Parks, playgrounds and playing fields;

  • 8. Community residences;

  • 9. Family day care homes;

  • 10. 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;

  • 11. Established museum parking;

  • 12. Accessory uses with respect to the foregoing.

  • 13. 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 multifamily dwelling;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Convalescent homes and rest homes;

  • 10. Clubs for outdoor recreation;

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

(Ord. 2004-10 § 2, 2004; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.072)

(Ord. No. 2020-02, § 2, 2-26-2020; Ord. No. 2025-19, § 1, 3-26-2025)

• A. The minimum lot area shall be sixty thousand (60,000) 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 § 1260.06.073)

(Ord. No. 2020-02, § 2, 2-26-2020)

Editor's note— See editor's note, § 17.08.010.

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 § 1260.06.074)

The portion of a lot to be covered by buildings shall not exceed ten (10) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.075)

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 § 1260.06.076)

• A. For lots of less than sixty thousand (60,000) 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 sixty thousand (60,000) square feet in area but more than forty thousand (40,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of sixty thousand (60,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of sixty thousand (60,000) square feet is necessary for conversions to multifamily dwellings. 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 § 1260.06.077)

The R-120 residential district is an area of low density residential development. The minimum lot size requirement reflects the estate-like nature of the development in this area. The intent of this district is to maintain the large amounts of existing open space. For that reason, multifamily dwellings of new construction are not permitted. Other limiting factors on development in this district are the natural environment and the lack of adequate support services.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.081)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Temporary housing for yachting organizations;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Farms, truck gardens, nurseries, forestry, excluding the keeping of livestock and poultry for commercial purposes;

  • 7. Nursery schools and day care centers;

  • 8. Parks, playgrounds and playing fields;

  • 9. Horses or ponies for hire; riding academies or boarding stables;

  • 10. Community residences;

  • 11. Family day care homes;

  • 12. 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;

  • 13. Accessory uses with respect to the foregoing.

  • 14. Temporary accessory uses for major recreational events.

  • 15. 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 multifamily dwelling;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Convalescent homes and rest homes;

  • 10. Clubs for outdoor recreation;

  • 11. 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 § 1260.06.082)

(Ord. No. 2020-02, § 3, 2-26-2020; Ord. No. 2024-02, § 2, 1-10-2024; Ord. No. 2025-20, § 1, 3-26-2025)

Editor's note— See editor's note, § 17.08.010.

• A. The minimum lot area shall be one hundred twenty thousand (120,000) square feet;

• B. The minimum lot width shall be three hundred (300) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.083)

The minimum setback requirements are:

• • A. Front line, seventy-five (75) feet;

  • B. Side line, fifty (50) feet;

  • C. Rear line, fifty (50) feet.

The setback areas from the 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.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.084)

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

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.085)

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 § 1260.06.086)

• A. For lots of less than one hundred twenty thousand (120,000) 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 one hundred twenty thousand (120,000) square feet in area but more than forty thousand (40,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of one hundred twenty thousand (120,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of 200,000 square feet is necessary for conversion to a multifamily dwelling. 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 § 1260.06.087)

The intent of the R-160 residential district is similar to that of the R-120 district. That is to maintain the existing development pattern of large estates and resulting open space. Multifamily dwellings of new construction are not permitted. The natural environment and lack of support services likewise limits development in this part of the city. The development pattern in this area consists of large tracts of land greater in extent than those found in the R-120 district. The intent of this district is to maintain that low density pattern of development which has occurred over time.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.091)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Home occupations;

  • 4. Churches and places of worship;

  • 5. Farms, truck gardens, nurseries, forestry, excluding the keeping of livestock and poultry for commercial purposes;

  • 6. Nursery schools and day care centers;

  • 7. Parks, playgrounds and playfields;

  • 8. Horses or ponies for hire; riding academies or boarding stables;

  • 9. Community residences;

  • 10. Family day care homes;

  • 11. 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;

  • 12. Accessory uses with respect to the foregoing.

  • 13. Temporary accessory uses for major recreational events.

  • 14. 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 multifamily dwelling;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Schools of limited instruction;

  • 9. Convalescent homes and rest homes;

  • 10. Clubs for outdoor recreation;

  • 11. Temporary housing for yachting organizations;

  • 12. 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 § 1260.06.092)

(Ord. No. 2020-02, § 4, 2-26-2020; Ord. No. 2024-02, § 3, 1-10-2024; Ord. No. 2025-21, § 1, 3-26-2025)

Editor's note— See editor's note, § 17.08.010.

• A. The minimum lot area shall be one hundred sixty thousand (160,000) square feet;

• B. The minimum lot width shall be four hundred (400) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.093)

The minimum setback requirements are:

• • A. Front line, one hundred (100) feet;

  • B. Side line, fifty (50) feet;

  • C. Rear line, fifty (50) feet.

The setback areas from the 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.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.094)

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

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.095)

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 § 1260.06.096)

• A. For lots of less than one hundred sixty thousand (160,000) 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 one hundred sixty thousand (160,000) square feet in area but more than eighty thousand (80,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of two hundred thousand (200,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of four hundred thousand (400,000) square feet is necessary for conversion to a multifamily dwelling. 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 § 1260.06.097)

The limited business district consists of a more limited range of commercial uses than that found in general commercial areas. The intent of this district is to allow for less intense commercial uses that are compatible with nearby residential areas and which meet neighborhood needs, rather than those city-wide.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.101)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Reserved;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Schools of limited instruction;

  • 7. Parks, playgrounds and playing fields;

  • 8. Standard restaurants;

  • 9. Professional and business offices;

  • 10. Banks and other financial institutions;

  • 11. Stores where goods are sold or service is rendered primarily at retail;

  • 12. Community residences;

  • 13. Family day care homes;

  • 14. 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;

  • 15. Accessory uses with respect to the foregoing.

  • 16. 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 multifamily dwelling;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Fast-food restaurants;

  • 9. Gasoline filling stations (with minor repairing);

  • 10. Commercial parking lots;

  • 11. Taverns;

  • 12. Commercial indoor recreation facilities;

  • 13. Historic guest house;

  • 14. Federal and state buildings, excluding correctional institutions and hospitals for the mentally ill;

  • 15. Guest houses.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.102)

(Ord. No. 2021-02, § 1, 1-13-2021; Ord. No. 2022-01, § 1, 1-12-2022; Ord. No. 2022-11, § 5, 3-23-2022; Ord. No. 2025-22, § 1, 3-26-2025)

• A. The minimum lot area shall be three thousand (3,000) square feet;

• B. The minimum lot width shall be fifty (50) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.103)

The minimum setback requirements are:

• • A. Front line, zero (0) feet;

  • B. Side line, zero (0) feet;

  • C. Rear line, five (5) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.103)

The portion of a lot to be covered by buildings shall not exceed fifty (50) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.105)

Building height shall not exceed forty-five (45) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.106)

• A. For lots of less than five thousand (5,000) 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 five thousand (5,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of five thousand (5,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of five thousand (5,000) square feet is necessary for conversions to a multifamily dwelling. The maximum allowable density is one dwelling unit per one thousand five hundred (1,500) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.107)

The waterfront business district consists of the area adjoining the harbor. The intent of this district is to provide for retail and commercial service facilities to meet the needs of both tourists and residents. A mix of land uses is encouraged in this area, with access to the water utilized by those activities which are dependent on such a location for their existence.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.111)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Guest houses;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Schools of limited instruction;

  • 7. Parks, playgrounds and playing fields;

  • 8. Standard restaurants;

  • 9. Professional and business offices;

  • 10. Stores where goods are sold or service is rendered primarily at retail;

  • 11. Radio and television broadcasting studios, excluding transmitting and receiving towers;

  • 12. Research laboratories;

  • 13. Fish and seafood receiving, handling, storage and shipping;

  • 14. Boat building and repair;

  • 15. Marinas;

  • 16. Painting and woodworking shops;

  • 17. Community residences;

  • 18. Family day care homes;

  • 19. 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;

  • 20. Maritime museums.

  • 21. Accessory uses with respect to the foregoing.

  • 22. 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. Multifamily dwellings;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Transient guest facilities;

  • 9. Fast-food restaurants;

  • 10. Convention or conference centers;

  • 11. Shopping centers;

  • 12. Banks and other financial institutions;

  • 13. The manufacture, processing, assembly, or storage of goods;

  • 14. Commercial storage and sale of fuel and bottled gas;

  • 15. Commercial parking lots;

  • 16. Taverns;

  • 17. Clubs for outdoor recreation;

  • 18. Commercial indoor recreation facilities;

  • 19. Commercial outdoor recreation facilities;

  • 20. Historic guest houses;

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

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.112; Ord. No. 2018-13, § 1, 11-14-2018)

(Ord. No. 2021-03, § 1, 1-13-2021; Ord. No. 2022-02, § 1, 1-12-2022; Ord. No. 2025-23, § 1, 3-26-2025)

• A. The minimum lot area shall be five thousand (5,000) square feet.

• B. The minimum lot width shall be fifty (50) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.113)

The minimum setback requirements are:

• • A. Front line, zero (0) feet;

  • B. Side line, five (5) feet;

  • C. Rear line, five (5) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.114)

The portion of a lot to be covered by buildings shall not exceed forty (40) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.115)

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

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.116)

(Ord. No. 2019-37, § 1, 10-9-2019)

• A. For lots of less than five thousand (5,000) 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 five thousand (5,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of five thousand (5,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of fifteen thousand (15,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per five thousand (5,000) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.117)

The general business district consists of the city's central business and community shopping areas. The intent of this district is to allow general retail and business uses, but in a manner so as to complement the existing unique combination of residential and commercial uses found in the area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.121)

• A. The following uses are permitted by right:

  • 1. Single-family dwellings;

  • 2. Two-family dwellings;

  • 3. Guest houses;

  • 4. Home occupations;

  • 5. Churches and places of worship;

  • 6. Schools of limited instruction;

  • 7. Nursery schools and day care centers;

  • 8. Parks, playgrounds and playing fields;

  • 9. Transient guest facilities;

  • 10. Standard restaurants;

  • 11. Bus terminals on a lot having a minimum area of twenty-five thousand (25,000) square feet;

  • 12. Professional and business offices;

  • 13. Banks and other financial institutions;

  • 14. Stores where goods are sold or service is rendered primarily at retail;

  • 15. Radio and television broadcasting studios, excluding transmitting and receiving towers;

  • 16. Commercial indoor recreation facilities;

  • 17. Printing and publishing establishments;

  • 18. Research laboratories;

  • 19. Painting and woodworking shops;

  • 20. Theaters;

  • 21. Emergency low-income housing facilities;

  • 22. Vacation guest facilities;

  • 23. Nonprofit multifamily housing for the elderly and/or handicapped;

  • 24. Community residences;

  • 25. Family day care homes;

  • 26. 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;

  • 27. Accessory uses with respect to the foregoing.

  • 28. 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. Multifamily dwellings;

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

  • 3. Libraries;

  • 4. Museums;

  • 5. Cemeteries;

  • 6. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 7. Agricultural and horticultural societies;

  • 8. Convalescent homes and rest homes;

  • 9. Fast-food restaurants;

  • 10. Convention or conference centers;

  • 11. Gasoline filling stations (with minor repairing);

  • 12. Automobile repair shops;

  • 13. Shopping centers;

  • 14. Commercial parking lots;

  • 15. Clubs for outdoor recreation;

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

(Ord. 2000-4 (part), 2000: Ord. 23-97 § 1 (2), 1997; Ord. 12-96 § 1 (2), 1996; Ord. 65-94 (part), 1994: prior code § 1260.06.122)

(Ord. No. 2021-04, § 1, 1-13-2021; Ord. No. 2022-03, § 1, 1-12-2022; Ord. No. 2025-24, § 1, 3-26-2025)

• A. The minimum lot area shall be five thousand (5,000) square feet.

• B. The minimum lot width shall be fifty (50) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.123)

The minimum setback requirements are:

• • A. Front line, zero feet;

  • B. Side line, zero feet;

  • C. Rear line, five feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.124)

The portion of a lot to be covered by buildings shall not exceed eighty (80) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.125)

Building height shall not exceed forty-five (45) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.126)

• A. For lots of less than five thousand (5,000) 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 five thousand (5,000) square feet in area which existed prior to April 13, 1977.

• C. A minimum lot area of ten thousand (10,000) square feet is necessary for a new two-family dwelling.

• D. A minimum lot area of fifteen thousand (15,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per one thousand five hundred (1,500) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.127)

The commercial-industrial district is an area designed to consist exclusively of city-wide business and industrial uses. The intent of this district is to concentrate such activities in an area in which the transportation system is adequate for this purpose and no infringement upon the character of established residential areas will result. All residential uses are prohibited in this district for public health and safety reasons.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.131)

• A. The following uses are permitted by right:

  • 1. Churches and places of worship;

  • 2. Schools of limited instruction;

  • 3. Parks, playgrounds and playing fields;

  • 4. Transient guest facilities;

  • 5. Standard restaurants;

  • 6. Bus terminals on a lot having a minimum area of twenty-five thousand (25,000) square feet;

  • 7. Automobile repair shops;

  • 8. Automobile washing and cleaning establishments;

  • 9. Professional and business offices;

  • 10. Banks and other financial institutions;

  • 11. Stores where goods are sold or service is rendered primarily at retail;

  • 12. Radio and television broadcasting studios, excluding transmitting and receiving towers;

  • 13. Commercial indoor recreation facilities;

  • 14. Commercial outdoor recreation facilities;

  • 15. Printing and publishing establishments;

  • 16. Research laboratories;

  • 17. The manufacture, processing, assembly or storage of goods;

  • 18. Boat building and repair;

  • 19. Warehousing, wholesale business; and wholesale business warehousing;

  • 20. Contractor's warehouse and storage yards;

  • 21. Business and storage yards for lumber and building materials;

  • 22. Freight and materials trucking business and terminals;

  • 23. Earth removal and paving contractor's business and storage yards;

  • 24. Laundry, cleaning, and dyeing plants;

  • 25. Plants for the processing and distribution of milk and edible dairy products; plants for the packaging and distribution of beverages;

  • 26. Commercial storage and sale of fuel and bottled gas;

  • 27. Painting and woodworking shops;

  • 28. Sheet metal, blacksmith, welding; tire recapping; machine shops and the like;

  • 29. Bulk storage of cement and petroleum products; concrete mixing plants; bituminous paving mixing plants;

  • 30. Commercial transmitting and receiving antennas, with enclosures for associated equipment;

  • 31. A building for the inside storage of motor vehicles, wherein only light maintenance of the vehicles stored is allowed;

  • 32. Commercial parking lots;

  • 33. Taverns;

  • 34. Theaters;

  • 35. Vacation guest facilities;

  • 36. 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;

  • 37. Accessory uses with respect to the foregoing.

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

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

  • 2. Libraries;

  • 3. Museums;

  • 4. Cemeteries;

  • 5. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

  • 6. Agricultural and horticultural societies;

  • 7. Fast-food restaurants;

  • 8. Drive-in restaurants in a shopping center;

  • 9. Convention or conference centers;

  • 10. Gasoline filling stations (with minor repairing);

  • 11. Shopping centers;

  • 12. Arcades;

  • 13. Federal and state buildings, excluding correctional institutions and hospitals for the mentally ill;

  • 14. Commercial scale energy system.

  • 15. Public utilities — Private electrical services.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.132)

(Ord. No. 2012-019, § 7, 12-12-2012; Ord. No. 2013-016, § 2, 10-9-2013; Ord. No. 2014-019, § 2, 8-27-2014; Ord. No. 2021-05, § 1, 1-13-2021; Ord. No. 2022-04, § 1, 1-12-2022)

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. The minimum lot width shall be one hundred (100) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.133)

The minimum setback requirements are:

• • A. Front line, twenty-five (25) feet;

  • B. Side line, twenty (20) feet;

  • C. Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.134)

The portion of a lot be covered by buildings shall not exceed fifty (50) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.135)

Building Height shall not exceed sixty (60) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.136)

The intent of the Innovation Hub (IH) is to support new employment opportunities in diverse fields of high technologies; including, but not limited to: healthcare; advanced manufacturing; defense (underwater, maritime and cyber security); blue and green economy initiatives, ocean technologies ventures; resilience/climate change research and development; alternative energy research and development; and digital industries, in line with the economic development goals of the Comprehensive Plan. This is to be allowed in an appropriate mix with supportive housing, retail, recreation, cultural and open space, in a single development of one lot. The intent is to create a cohesive village center reflective of Newport's impressive history at the base of the Pell Bridge, near Naval Station Newport, while proposing new street layouts, urban and recreational spaces, and architecture and building types to reflect modern times and needs, including resiliency in a low-lying coastal area.

The IH district is meant to work with the city's Comprehensive Plan, as amended to incorporate the North End Urban Plan (NEUP) and the NEUP Design Guidelines, and shall provide for mixed-use based economic development, foster twenty-first (21 ^st ) century jobs and lifestyle choices, clear public benefits including open spaces, the realization of health benefits associated with more walkable and bikeable streets and paths, and greater connectivity within and between the city's neighborhoods and resources.

The boundaries of the IH district prevent adjacent residential and open space areas from overdevelopment and the elevated design standards protect and enhance Newport's unique natural, cultural, and scenic character. The area of the city that includes the IH district possesses major thoroughfares, public greenspaces, Naval Station Newport, historic resources, and large quantities of affordable housing in need of protection and enhancement. This is achieved through the provisions of this district.

Specific components of this intent include:

• To provide for economic development and employment opportunities in diverse fields, including those related to an innovation economy.

• To support the development of these diverse fields as incubator/accelerator type businesses along with their support subsectors and to support the continued growth and success of these uses.

• To provide live/work opportunities for professionals, business owners, workforce and makers.

• To provide, as amenities to the primary functions, a multimodal district that allows for a mix of housing, recreation and a range of publicly-accessible, populated open spaces in the form of small pocket parks, trail corridors, and urban plazas that serve as amenities not only for the district, but also the surrounding areas.

• To support existing surrounding residential areas.

• To encourage, guide and direct development in the North End and ensure that the character presented in the city's Comprehensive Plan is maintained, and that mixed uses provide for the health and growth of the area.

• To utilize the area's approved NEUP Design Guidelines to have outstanding design associated with all forms of site and architectural design of new developments or substantial redevelopments.

• To foster high density, mixed-use development, and to deter: "suburban-type" shopping centers; big box store developments; low-rise developments that emphasize parking; developments that are large-scale and single-use or stand-alone single-use, including detached single-family dwellings.

• To promote pedestrian activity on streets, with easy multimodal access from surrounding neighborhoods.

• To promote a city that is resilient to climate change impacts and is environmentally sustainable, inclusive and accessible to all.

(Ord. 2021-24, § 1, 9-8-2021)

Uses may be established on a lot of record for one or more of the uses as listed below. Uses may be vertically or horizontally integrated but may not cross lot lines. The floor area of buildings within the district may be used for more than one permitted use, whether such uses are allowed by right, or by special permit authorized by the planning board through the unified development review process as outlined in Section 17.65.87.

• A. Urban Village (UV). The urban village subdistrict is an area characterized by dense, mixed-use development and serves as the gateway to Newport. Because of this, the intensity and quality of development should both be high. While jobs-focused uses should be a priority, a mix of activities accessible by foot or bicycle shall complement those commercial uses to create a complete neighborhood. Future development should be approved with appropriate scale of new blocks that are in keeping with the traditional block sizes in Newport. All new roadways shall support generous walking and landscape areas to ensure ample tree cover. The ground floor of a multi-use building shall be used for allowed commercial uses.

The business corridor along JT Connell Highway shall seek to beautify and enhance pedestrian amenities and safety; development and redevelopment along this corridor shall reduce the width and number of curb cuts.

Providing multimodal and pedestrian public access to green spaces and the water is a priority for this subdistrict. Both public access to the waterfront and ensuring adequate access to Blue Economy enterprises are priorities.

• • (a) The following uses are permitted by right:

    • 1. Multifamily dwellings and/or live-work dwellings up to thirty-five (35) percent of total gross square footage of a mixed-use project. Multifamily dwellings and/or live-work dwellings up to fifty (50) percent of total gross square footage of a mixed-use project, provided that fifty (50) percent of the total units shall be rented or sold as workforce housing, and if fifteen (15) percent of the total number of units is maintained as a rented or sold as housing that is affordable for households earning up to sixty (60) percent of the area median income (AMI) then the project shall qualify for at least one additional story.

    • 2. Home occupation;

    • 3. Family day care center;

    • 4. Community residence;

    • 5. Nonprofit multifamily housing facilities for the elderly;

    • 6. Municipal and public services corporation building and facility;

    • 7. Park, playground, playing field, plaza, trail;

    • 8. Commercial indoor recreational facility;

    • 9. Standard restaurant;

    • 10. Stores where goods are sold or service is rendered, primarily at retail;

    • 11. Stores where nautical goods are sold or service is rendered, primarily at retail;

    • 12. Tavern;

    • 13. Advanced manufacturing;

    • 14. Banks and financial institution;

    • 15. Co-working space;

    • 16. Maker-space;

    • 17. Marine and oceanographic research laboratory;

    • 18. Professional and business office;

    • 19. Professional and business offices where maritime issues and products are the primary use such as naval architects, maritime publishers, etc.;

    • 20. Research and development facilities, including, but not limited to, clean energy, defense systems, ocean technologies, medical and pharmaceutical, and digital industries;

    • 21. Research laboratory;

    • 22. Yacht and sailing clubs, and schools which give special marine or nautical instruction;

    • 23. Marina.

  • (b) The following uses require a special use permit through the planning board unified development review process.

    • 1. Temporary housing for yachting organizations;

    • 2. Agricultural and horticultural society;

    • 3. Arcade;

    • 4. Automobile dealership;

    • 5. Multimodal transportation center;

    • 6. Convalescent home, rest home;

    • 7. Convention or conference center;

    • 8. Conservation land;

    • 9. Church, place of worship;

    • 10. Cultural institution;

    • 11. Drive throughs;

    • 12. Fast-food restaurants with no drive thru facility;

    • 13. Federal, state and municipal building;

    • 14. Hospital;

    • 15. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institution;

    • 16. Library;

    • 17. Museum;

    • 18. Nursery school, day care center;

    • 19. Outdoor retail including restaurant and open-air markets;

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

    • 21. Schools of limited instruction;

    • 22. Commercial recreational facility;

    • 23. Parking garage;

    • 24. Theater;

    • 25. Transient guest facility;

    • 26. Vacation guest facility;

    • 27. Wholesale brewing, distilling, fermenting, fungicide or hydroponics;

    • 28. Commercial scale energy system;

    • 29. Painting and woodworking shop;

    • 30. Printing and publishing establishment;

    • 31. Public utilities-private electric service;

    • 32. Radio and television broadcasting studio (excluding transmitting and receiving tower);

    • 33. Residential scale energy system;

    • 34. Undertakers establishment;

    • 35. Water tower.

• B. Maker-Tech (MT). Maker-Tech (MT) is a subdistrict designed to protect and provide for the expansion of existing uses which provide valuable technology and craft industries essential to the economy. Special considerations for this area include the incorporation of wetland features on low-lying parcels to improve stormwater storage areas and enhancing physical access for the existing and future land uses.

  • (a) The following uses are permitted by right:

    • 1. Live-work dwellings up to thirty-five (35) percent of total gross square footage of a mixed-use project. Live-work dwellings up to fifty (50) percent of total gross square footage of a mixed-use project, provided that fifty (50) percent of the total units shall be rented or sold as work-force housing.

    • 2. Home occupation;

    • 3. Family day care center;

    • 4. Community residence;

    • 5. Municipal and public service corporation building and facility;

    • 6. Park, playground, playing field, plaza, trail;

    • 7. Wholesale brewing, distilling, fermenting, fungicide or hydroponics;

    • 8. Advanced manufacturing;

    • 9. Banks and financial institution;

    • 10. Co-working space;

    • 11. Maker-space;

    • 12. Marine and oceanographic research laboratory;

    • 13. Professional and business office;

    • 14. Professional and business offices where maritime issues and products are the primary use such as naval architects, maritime publishers, etc.;

    • 15. Research and development facilities, including, but not limited to, clean energy, defense systems, ocean technologies, medical and pharmaceutical, and digital industries;

    • 16. Research laboratory;

    • 17. Boat building and repair;

    • 18. Boat dealer and broker;

    • 19. Marine fabrication, including sail making, repair and sales, canvas manufacturing, and marine metal casting;

    • 20. Yacht and sailing clubs, and schools which give special marine or nautical instruction;

    • 21. Manufacturing, processing, assembly or indoor storage of goods;

    • 22. Painting and woodworking shop;

    • 23. Printing and publishing establishment;

    • 24. Radio and television broadcasting studio (excluding transmitting and receiving tower);

    • 25. Seafoods sales, landing, storage, brokerage and distribution;

    • 26. Sheet metal, blacksmith, welding, tire recapping, machine shops and the like;

    • 27. Warehousing; wholesale business; and wholesale business warehousing;

    • 28. Contractor's warehouse and indoor storage;

    • 29. Building, plumbing, electrical contracting business with no outdoor storage of materials.

  • (b) The following uses require a special use permit through the planning board unified development review process.

    • 1. Agricultural and horticultural society;

    • 2. Church, place of worship;

    • 3. Commercial scale energy system;

    • 4. Conservation land;

    • 5. Drive throughs;

    • 6. Federal, state and municipal building;

    • 7. Library;

    • 8. Multimodal transportation center;

    • 9. Museum;

    • 10. Commercial scale energy system;

    • 11. Parking garage;

    • 12. Public utilities—private electrical services;

    • 13. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institution;

    • 14. Residential scale energy system;

    • 15. Schools of limited instruction;

    • 16. Water tower.

• C. Maker (MK). Maker (MK) is sub-district designed to protect the existing city wastewater treatment facility from incompatible adjacent uses, while limiting heavy industrial uses from further impacting nearby residential areas. This area allows industrial uses that are not negatively impacted by proximity to the wastewater treatment facility. Future development in the area shall protect and enhance the adjacent "rail/trail" corridor. All residential uses are prohibited in this subdistrict for public health and safety reasons

  • (a) The following uses are permitted by right:

    • 1. Municipal and public service corporation building and facility;

    • 2. Open space, park, trail;

    • 3. Wholesale brewing, distilling, fermenting, fungicide or hydroponics;

    • 4. Maker-space;

    • 5. Boat building and repair;

    • 6. Boat dealer and broker;

    • 7. Marine fabrication, including sail making, canvas manufacturing, and marine metal casting;

    • 8. Business and storage yard for lumber and building material;

    • 9. Contractor's warehouse and storage yard;

    • 10. Fish and seafood receiving, handling, storage and shipping;

    • 11. Manufacturing, processing, assembly or storage of goods;

    • 12. Painting and woodworking shop;

    • 13. Printing and publishing establishment;

    • 14. Radio and television broadcasting studio (excluding transmitting and receiving tower);

    • 15. Seafoods sales, landing, storage, brokerage and distribution;

    • 16. Sheet metal, blacksmith, welding, tire recapping, machine shops and the like;

    • 17. Warehousing, wholesale business; and wholesale business warehousing;

  • (b) The following uses require a special use permit through the planning board unified development review process.

    • 1. Conservation land;

    • 2. Drive throughs;

    • 3. Federal, state and municipal building;

    • 4. Library;

    • 5. Multimodal transportation center;

    • 6. Commercial scale energy system;

    • 7. Commercial storage and sale of fuel and bottled gas;

    • 8. Public utilities - private electrical services;

    • 9. Residential scale energy system;

    • 10. Water tower.

(Ord. 2021-24, § 1, 9-8-2021; Ord. 2022-13, § 2, 5-11-2022)

• A. The minimum lot area shall be five thousand (5,000) square feet in the UV subdistrict.

• B. The minimum lot area shall be ten thousand (10,000) square feet in the Maker and Maker-Tech subdistricts.

(Ord. 2021-24, § 1, 9-8-2021)

• A. Front line, minimum, zero feet.

• B. Side line, minimum, zero feet.

• C. Rear line, minimum, zero feet.

• D. Structures on lots abutting residential zoning districts shall maintain a minimum setback of ten feet from the abutting residential districts.

(Ord. 2021-24, § 1, 9-8-2021)

• A. The maximum building height is forty-five (45) feet. Buildings shall not exceed three stories above the abutting principal streets.

• B. Structures on lots abutting a residential zoning district shall not exceed twenty-four (24) feet in height for a distance of thirty (30) feet from the abutting residentially zoned lots with the exception of railroads.

• C. The maximum building height for structures located in flood hazard areas shall be thirty (30) feet.

(Ord. 2021-24, § 1, 9-8-2021)

• A. Automobile Parking Space. The following parking requirements shall apply within the Innovation Hub. The automobile parking requirements of 17.104.020 and 17.104.040D, E do not apply.

Unless provided in a parking structure, the number of off-street parking spaces provided shall not exceed the number of surface parking spaces required by 17.104.020, or total more than seventy-five (75) cars within the entire parcel. The maximum number of parking spaces may be increased by up to twenty-five (25) percent for electric vehicle charging spaces.

Reserved Parking. Parking spaces may be reserved for a specific tenant or unit, provided the following minimums are not exceeded.

 

• B. Loading Spaces. The following loading requirements shall apply within the Innovation Hub.

Adequate space shall be made available on site for the unloading and loading of goods, materials, items or stock for delivery and shipping, otherwise the on-site loading requirements of Section 17.104.030, do not apply

• C. Bicycle Parking Spaces. The following requirements shall apply within the Innovation Hub.

  Residential Uses	Short Term Spaces	Long Term Spaces
  Residential	1 space/20 units, 3 min	l space/5 units Projects with 10+ units, only
  Retail Uses	1 space/5,000 sf GSF, 2 min	1 space/5,000 GSF, 2 min
  Office Uses	1 space/10,000 sf of GSF, 2 min	1 space/5,000 GSF, 2 min
  Industrial Uses	1 space/10,000 sf of GSF, 2 min	1 space/10,000 sf of GSF, 2 min

 

(Ord. 2021-24, § 1, 9-8-2021)

Uses and development inconsistent with the Comprehensive Plan or requiring a special use permit or a variance or requesting a waiver from Section 17.65.100 shall be classified as a land development project and shall be reviewed and approved by the planning board pursuant to Section 17.110 Unified Development Review and not be subject to development plan review.

(Ord. 2021-24, § 1, 9-8-2021; Ord. No. 2024-16, § 1, 7-24-2024)

Uses and development subject to section 17.65.100, Development Standards for the Innovation Hub, but not section 17.65.87, Unified Development Review, shall be subject to development plan review by the planning board, with an advisory recommendation from the technical review committee to ensure a basic standard of building, site, and landscape design consistent with the vision for the IH district.

(Ord. 2021-24, § 1, 9-8-2021)

The intent of this section is to achieve excellent building and site design in a cohesive village center that is supportive of new and continued employment opportunities in diverse fields, including high technologies, to protect and enhance features within and adjacent to the district as enumerated in section 17.65.010, to prevent where reasonably possible and to otherwise mitigate any displacement of current residents and businesses through flexible standards and bonuses designed to accommodate workforce housing, and to protect and enhance Newport's unique historic, cultural, and scenic character. Architectural and site and to protect and enhance Newport's unique historic, cultural, and scenic character. Architectural and site design for all parcels shall be consistent with the adopted NEUP and its design guidelines, as incorporated into the comprehensive plan. The NEUP and design guidelines are applicable to all new developments and redevelopments. For the purposes of this chapter, redevelopment shall mean a fifty (50) percent or greater change to the original building footprint, parcel area, value of the building; or exceeding ten thousand (10,000) square feet in building footprint or parcel area.

Waivers from the requirements of the development standards, NEUP Design Guidelines or from the subdivision and land development regulations, may be granted by the planning board as may be reasonable where the literal enforcement of the provisions of the regulations is impracticable, will exact undue hardship or when such waiver is in the interest of good planning and/or design and otherwise consistent with the comprehensive plan.

The construction and design of buildings, streets and open spaces shall be in accordance with the NEUP and its design guidelines, as adopted, and be subject to review and approval by the planning board to ensure an elevated standard of design.

Developments and redevelopments shall:

• Provide an outstanding standard of building, site and landscape design.

• Encourage a density of buildings and activities, and discourage sprawling low-rise development with an emphasis on parking.

• Site principal buildings close to a street edge.

• Utilize the ground floor of multi-use buildings for industrial/commercial uses and as a lobby or access for upper story uses.

• Provide for active and public uses on the ground floor, with windows that provide adequate and appropriate visual access to the interior commercial and activity areas.

• Incorporate complete streets and multimodal transportation options, with emphasis on the pedestrian experience.

• Provide for limited, necessary, use driven parking located away from the street, to the interior of the site, and shared parking whenever possible to reduce the number of parking spaces and impervious surface.

• Incorporate low impact development site practices, even on higher elevation sites, to reduce stormwater runoff and improve water quality.

• Incorporate green building measures such as daylighting, natural ventilation, biophilia, ground-source heat pumps, heat-recovery ventilation, passive heating and cooling, extra insulation, green roofs and walls, solar panels and carports, permeable surfaces, natural and local materials, low-flow water fixtures and water reuse, smart building management, monumental stairs, vestibules, energy-efficient appliances, commuter showers, waste reduction, upcycling and recycling, composting, and limiting petroleum based products.

• Comply with Newport Code of Ordinances Section 12.04.050 green and complete streets effective upon passage of this section.

• • A. Site Circulation. Interior circulation system shall be inclusive of all transportation choices and relate to public and planned public or private improvements in the area, including future roadways, street realignments, bike lanes, walkways and transit.

The circulation system shall be in accordance with the NEUP, the NEUP Design Guidelines, the transportation master plan once adopted, the green and complete street ordinance, once adopted, and implement convenient and safe pedestrian, bicycle and transit, accessible to all.

• • B. Site Drainage. All development and redevelopment shall submit a stormwater management plan consistent with the Rhode Island Stormwater Design and Installation Manual, the Rhode Island Soil Erosion and Sediment Control Handbook, and in accordance with any applicable provisions of the city ordinances, rules or regulations. The stormwater management plan shall reduce the generation of stormwater discharge rate, volume and water quality volume to the maximum extent possible using nonstructural management design prior to structural methods and are subject to review and approval by the director of utilities or their designee. All stormwater management plans shall address stormwater management on site-specific conditions and shall document that design of the stormwater management for the site is fulfilled to the maximum extent possible.

  • C. Flood Plain—Building and Site Design Considerations. A development or redevelopment located within a flood hazard area shall complete a coastal hazards risk assessment and incorporate future climate conditions into the design, maintenance and operations plans.

The integration of flood resilient strategies significantly impacts the street level connection of buildings to the public realm. It is also critical to address the interface between the private and public realm in a manner that ensures access is maintained for all people and of all abilities and the solutions contribute to the overall enhancement and experience of the street wall at street level.

• • D. Landscape. It is the intent of this subsection to require that all development and redevelopment in the IH provide air outstanding landscape installation that fosters resiliency. Special attention shall be paid to earth forms, site drainage, plant forms and placement, hardscape materials, and ground plane treatments. Plans shall include all landscape materials and hardscape details, including fences, walls and site amenities and shall be prepared by a landscape design professional.

• Wherever practicable, preservation of the existing vegetation is encouraged. Every reasonable effort shall be made to preserve significant features, including, but not limited to, trees protected in Chapter 12.36 of the City of Newport Code of Ordinances and historic stone walls, as defined in Chapter 17.74.

• Structures elevated to comply with building code requirements shall incorporate landscaping at street level to mitigate any potential negative effects to the street wall and pedestrian environment.

• Streets and pathways shall be built for accessibility and landscaped with planting determined to be hardy in Newport's coastal climate, and ideally, native species.

• Stormwater control shall be integral to the landscape design, to the maximum extent practicable.

• Additional screening for aesthetic purposes, light pollution or noise reduction may be required.

• Frontage screen planting shall be in accordance with NEUP Design Guidelines for frontage type.

• • E. Open Space. All development or redevelopment in the urban village subdistrict shall include provisions for publicly-accessible open space. All required open spaces shall be in accordance with the NEUP Design Guidelines. Where open space is required, it shall be owned in accordance with the provisions of RIGL 45-24-47(d). If the open space is privately owned, a restriction shall be recorded that the land will be kept in the authorized condition and shall not built upon.

When open space is required, it shall:

• • • 1. Be a minimum of five percent of the total development parcel size

    • 2. Be located on the site associated with the development or redevelopment

    • 3. Not be parked or driven on except for emergency access and permitted temporary events

    • 4. Be a minimum area of two hundred twenty-five (225) square feet with no dimension less than fifteen (15) feet

    • 5. Not be located within a required transition area

    • 6. Abut and be directly accessible from a public sidewalk or right-of-way

    • 7. Not be separated from the public sidewalk or public right-of-way by any structure for more than forty (40) percent of its width, with the exception of a wall or fence with a maximum height of forty-two (42) inches.

    • 8. Wherever reasonably possible include green features and/or green spaces, such as:

      • (i) A "park," meaning a natural preserve available for unstructured recreation, with its landscape consisting of paths and trails, meadows, waterbodies, woodlands, and/or open shelters, all naturalistically disposed, and may be lineal, following the trajectories of natural corridors;

      • (ii) A "green," meaning an open green space available for unstructured recreation consisting of lawn and trees, naturalistically disposed;

      • (iii) A "square," meaning an open green space available for unstructured recreation and civic purposes with its landscape consisting of paths, lawns, and trees, formally disposed;

      • (iv) A "plaza," meaning an open space available for civic purposes with its landscape consisting of pavement or stone work, with trees being optional, preferably located at the intersection of important streets;

      • (v) A "playground," meaning an open green space designed and equipped for the recreation of children which shall be fenced and may include an open shelter.

Off-site Aggregation of Open Space. The open space requirement may be met by providing for the required space off-site if and only if the planning board makes an affirmative finding that the off-site location creates greater public value than reasonable on-site options.

• • G. Utilities. All utility lines shall be installed underground.

  • H. Vehicle Parking and Loading. All new automobile and bicycle parking and loading shall be in accordance with the NEUP Design Guidelines. No commercial proposals may use on-street parking in neighboring residential areas to meet parking minimums. At least ten percent of the provided automobile parking, up to a maximum requirement of five spaces per proposal, shall be equipped with electric vehicle charging.

  • I. Sustainability and Resiliency. A proposed development that receives planning board approval that would otherwise be subject to Section 17.90.030 Permitting of Wind Energy Systems 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.

All development and redevelopment is encouraged to be designed in a manner to meet at a minimum, base core and shell LEED (Leadership in Energy and Environmental Design) certification (or other recognized rating system.) Applying for certification is not required, but highly encouraged.

All development and redevelopment shall incorporate green building measures to the maximum extent practicable, such as daylighting, natural ventilation, biophilia, groundsource heat pumps, heat-recovery ventilation, passive heating and cooling, extra insulation, green roofs and walls, solar panels and carports, permeable surfaces, natural and local materials, low-flow water fixtures and water reuse, smart building management, which may include onsite renewable energy power storage, monumental stairs, vestibules, energy-efficient appliances, commuter showers, waste reduction, upcycling and recycling, recycling of demolished buildings, composting, and such measures that avoid petroleum products.

To comply with net-zero energy standards, the following methodology is suggested:

• • • A. Construction of a cool roof.

    • B. Green space covering an area in one of the following amounts, whichever is least:

Ten percent of the gross floor area of the building.

Sixty (60) percent of the total roof area on the building.

The available roof space on the building.

• • • C. On-site solar panels covering an area anywhere on the building or site equal to seventy (70) percent of the total roof area or an area equal to an amount required to provide at least one hundred (100) percent of estimated annual average electricity used at the development. Other renewable energy devices may be used in place of onsite solar panels so long as the owner provides evidence of similar generation capacity

  • J. Community' Benefit Agreement. Any applicant for development or redevelopment constituting a land development project, a subdivision or requiring unified development review may, depending on the scale of the proposal or the intensity of its likely externalities, be required by the administrative officer to submit a community impact report from a third-party expert which shall detail the impact the development or redevelopment is likely to have on the local community.

If the planning board makes findings based on their knowledge of the geographic area and personal expertise which amount to a determination that a community impact report is clearly needed or that a submitted community impact is clearly insufficient or otherwise implausibly omits probable community impacts, the planning board may require the applicant to engage and pay for a report prepared by an independent consultant approved by the planning board. If the planning board determines that there may be material adverse impacts on the community, as a condition of approval, the planning board may require that the applicant agree to a community benefit agreement to address such impacts. Such community benefits will be commensurate with the identified adverse impacts.

The applicant may include a draft community benefit agreement alongside its community impact report. If an application includes a proposed community benefit agreement, the planning board shall weigh the benefits of the total proposal relative to the status quo and may require additional community benefits to the extent necessary to mitigate any new and unreasonable externalities very likely to occur as a result of any approval of an application.

The planning board and the applicant may consider additional planning and zoning relief for the benefit of the applicant within the context of the community benefit agreement so long as such relief enhances the total community benefit of the application as a whole.

• • K. Workforce Housing. Any request for dimensional relief that directly or indirectly accommodates an increase in workforce housing units shall be considered in the following context:

    • (1) Displacement is a hardship more than a mere inconvenience.

    • (2) The cost to create income limited housing units is a hardship more than a mere inconvenience.

    • (3) The creation of income limited housing is not primarily for financial gain.

    • (4) Dimensional relief that accommodates an increase in workforce housing units without imposing material negative externalities on immediate abutters may qualify as the least relief necessary.

(Ord. 2021-24, § 1, 9-8-2021; Ord. No. 2022-13, § 2, 5-11-2022)

• 1. No activities shall be carried out in the Innovation Hub that are injurious, noxious, or offensive to the neighborhood by reason of noise, vibration, smoke, odor, fumes, dust, chemical or otherwise hazardous to public health, safety and welfare. If during the course of monitoring any use or activity, an industry threshold or limiting value is reached or exceeded, a plan of action shall be implemented by the property owner to mitigate said effect to the satisfaction of the zoning official.

• 2. All uses shall be subject to the provision of Section 17.96.020, Performance standards designated.

(Ord. 2021-24, § 1, 9-8-2021)

The intent of the Innovation Hub Floating Overlay Zone is to enable owners of large, contiguous, undeveloped or underdeveloped properties within the Innovation Hub's Urban Village zoning subdistrict to develop those properties in a coordinated way with an appropriate mix of clean industry and commerce, and supportive housing, retail, recreation, cultural and open space, in a single development on one lot or more than one lot. The goal is to foster developments that are both responsive to the marketplace and beneficial to the city by allowing developers to incorporate flexibility in their plans. The district is intended to promote a balanced combination of these uses to create dynamic and inclusive neighborhoods that enhance the economic vitality and livability of the city.

This zoning amendment is meant to work in concert with the overall goals and standards of the city's Comprehensive Plan, as amended to incorporate the North End Urban Plan (NEUP) and NEUP Design Guidelines.

Specific components of this intent are in concert with the specific components of the Innovation Hub and include:

• To allow for flexibility within a development from the underlying Innovation Hub's Urban Village subdistrict zoning requirements, including consideration of proposed uses, building height and parking limits. Off-site parking, as an alternative to onsite parking, may also be negotiated.

• To allow for a negotiated and coordinated development that is beneficial to both the developer and the community.

• To provide for mixed use development across contiguous parcels.

• To waive constraints if balanced by commensurate public benefit.

• To increase open spaces and public amenities.

Eligible Properties. Eligible properties shall be one or more parcels of land constituting a contiguous tract that is a minimum of sevety-five thousand (75,000) square feet, and located within the innovation Hub's Urban Village (UV) subdistrict.

(Ord. 2021-25, § 1, 9-8-2021)

All uses and development in the Floating Overlay Zone require a major land development plan approved by the planning board. All development shall be in substantial compliance with the approved land development project. Deviations from the approved land development project reviewed by the city council during the zoning map amendment shall require review and approval as outlined in Section 17.66.150.

(Ord. 2021-25, § 1, 9-8-2021)

• A. Permitted Uses. Permitted uses shall be all uses allowed by right or by special use permit within the Urban Village subdistrict, at the time of application for re-zoning, provided that the developer's specific proposed mix and orientation of development is approved by the city council subsequent to recommendation by the planning board. These uses shall be in accordance with an approved land development project.

Uses may be vertically or horizontally integrated, and may be sited across multiple lots as contiguous uses under common occupancy. The floor area of buildings may be used for more than one permitted use. When approving a land development project, the mix of proposed uses and the percentage distribution of each use throughout the project area shall be considered.

(Ord. 2021-25, § 1, 9-8-2021)

The dimensions of the site and relationship of elements throughout the project area are designated in the approved land development project plan. The density, building heights, building setbacks, lot coverage, driveway and street design, parking requirements, off-site parking, landscaping, buffers and any other relevant component of the development shall be generally consistent with the NEUP Design Guidelines, as incorporated in the 2017 Comprehensive Plan.

(Ord. 2021-25, § 1, 9-8-2021)

Lot area is designated in the approved land development project plan, and lot boundaries may coincide with structure boundaries.

An individual lot for each structure is not required, but may be provided at the developer's option. There shall be no requirement that lots front on a street; adequate and permanent physical access may be provided through rights-of-way through other portions of the development.

(Ord. 2021-25, § 1, 9-8-2021)

Front, side and rear setbacks are designated in the approved land development plan, with the following stipulation.

• • A. Structures on lots abutting residential zoning districts shall maintain a minimum setback of ten feet from the abutting residential districts.

(Ord. 2021-25, § 1, 9-8-2021)

Lot building coverage is designated in the approved land development project plan.

(Ord. 2021-25, § 1, 9-8-2021)

The building height limitation shall be sixty-five (65) feet. Up to ninety (90) feet may be approved provided there is commensurate benefit to the community and no substantial adverse impact on viewsheds or neighboring properties. Views of Miantonomi Tower, Narragansett Bay, or other important vistas shall be protected, and shadows on neighboring areas avoided. All development projects shall maintain view corridors from surrounding neighborhoods to the waterfront, if possible.

(Ord. 2021-25, § 1, 9-8-2021)

All applicants for development shall comply with Section 17.65.100.J.

(Ord. 2021-25, § 1, 9-8-2021; Ord. No. 2022-13, § 3, 5-11-2022)

Development in the Innovation Hub Floating Overlay Zone is exempt from development plan review, as outlined in Chapter 17.88 of this title.

(Ord. 2021-25, § 1, 9-8-2021)

The following shall be the minimum development standards for all developments within an IHF Overlay Zone. The development standards as set forth in Chapter 17.100 of this chapter shall not apply within an IHF Overlay Zone. Improvements shall be made in accordance with the NEUP Design Guidelines, as approved and incorporated into the Comprehensive Plan.

Waivers from the requirements of development standards or from subdivision and land development regulations may be granted by the planning board as may be reasonable where the literal enforcement of the provisions of the regulations is impracticable, will exact undue hardship or when such waiver is in the interest of good planning and/or design and consistent with the Comprehensive Plan.

• • A. Architecture and Site Design. Newport is an international destination renowned for its sense of place. The Innovation Hub is a coordinated, community-driven effort to create a 21 ^st century neighborhood to drive Newport's future economic growth. The Innovation Hub Floating Overlay Zone provides flexible development opportunities within this zone. Architects hold an elevated role in achieving this vision. Project architects shall feature prominently in shaping the overall design of a development and presenting it to the city for review. Conversations regarding other design elements will rely on the project architect's expertise, as well, in establishing a unified design that achieves the goals of this section, chapter, and the NEUP. Designs shall show awareness of Newport's incredible legacy of architectural achievement without being overly referential to community motifs inconsistent with the goals of this section, chapter, and the NEUP.

Architects within the community are design experts in their own right, however critiques of proposed developments' design, provided as public comment on a project under review offered as expert testimony, should focus on the design's achievement of the goals of this section, chapter, and the NEUP. All architectural designs presented in a land development project shall be in accordance with these goals and shall be subject to review and approval by the planning board, to ensure an elevated standard of building, site and landscape design.

Developments shall be designed in accordance with the NEUP and the NEUP Design Guidelines and encourage a density of buildings and activities, fluid mobility, and discourage sprawling low-rise development with an emphasis on parking.

The development shall:

• • • 1. Provide an outstanding standard of building, site and landscape design.

    • 2. Site buildings close to a street edge.

    • 3. Provide for active and public uses on the ground floor, with windows that provide adequate and appropriate visual access to the interior commercial and activity areas.

    • 4. Provide for parking away from the street, to the interior of the site.

    • 5. Utilize shared parking whenever possible to reduce the number of parking spaces and impervious surface.

    • 6. Incorporate low impact development site practices, even on higher elevation sites, to reduce stormwater runoff and improve water quality.

    • 7. Incorporate complete streets and multimodal transportation options, with emphasis on the pedestrian experience.

    • 8. Comply with Newport Code of Ordinances Section 12.04.050 Green and Complete Streets effective upon passage of this section.

    • 9. Wherever reasonably possible include green features and/or green spaces, such as:

      • (i) A "park," meaning a natural preserve available for unstructured recreation, with its landscape consisting of paths and trails, meadows, waterbodies, woodlands, and/or open shelters, all naturalistically disposed, and may be lineal, following the trajectories of natural corridors;

      • (ii) A "green," meaning an open green space available for unstructured recreation consisting of lawn and trees, naturalistically disposed;

      • (iii) A "square," meaning an open green space available for unstructured recreation and civic purposes with its landscape consisting of paths, lawns, and trees, formally disposed;

      • (iv) A "plaza," meaning an open space available for civic purposes with its landscape consisting of pavement or stone work, with trees being optional, preferably located at the intersection of important streets;

      • (v) A "playground," meaning an open green space designed and equipped for the recreation of children which shall be fenced and may include an open shelter.

  • B. Parking. All developments shall sufficiently and safely meet internal parking and loading needs. This shall be confirmed by a licensed professional engineer experienced in traffic circulation and smart growth, and accreditation in new urbanism is highly recommended.

If, in the course of operations, the city deems additional parking to be necessary to preserve the safety and flow of traffic in the area, additional parking shall be provided to meet this requirement. The development may provide parking to offsite development, or rely on offsite parking, provided sufficient alternative transportation infrastructure or safe pedestrian access between the sites is provided. Parking areas shall be located within reasonable proximity to the uses they are intended to serve. Parking spaces may not front any street.

Surface parking for more than seventy-five (75) cars within the project area is prohibited, unless approved as a component of the approved land development project plan.

Sufficient electric vehicle charging spaces shall be provided.

All developments shall provide safe and accessible parking areas for bicycles and other two wheeled vehicles

• • C. Open Space. All developments in the IHF Overlay Zone shall include provisions for a minimum of five percent of the lot area or parcel area for publicly accessible open space. Where open space is required, it shall be owned in accordance with the provisions of RIGL 45-24-47(d). If the open space is privately owned, a restriction shall be recorded that the land will be kept in the authorized condition and shall not built upon.

Off-site Aggregation of Open Space. The open space requirement may be met by providing for the required space off-site if and only if the planning board makes an affirmative finding that the off-site location creates greater public value than reasonable on-site options.

• • D. Workforce Housing. Any request for dimensional relief that directly or indirectly accommodates an increase in workforce housing units shall be considered in the following context:

    • (1) Displacement is a hardship more than a mere inconvenience.

    • (2) The cost to create income limited housing units is a hardship more than a mere inconvenience.

    • (3) The creation of income limited housing is not primarily for financial gain.

    • (4) Dimensional relief that accommodates an increase in workforce housing units without imposing material negative externalities on immediate abutters may qualify as the least.

(Ord. 2021-25, § 1, 9-8-2021; Ord. No. 2022-13, § 3, 5-11-2022)

The parcel proposed for rezoning to the IHF Overlay Zone must be located in the Urban Village zoning subdistrict and be at least seventy-five thousand (75,000) square feet in size.

The granting of approval of the IHF Overlay Zone consists of the following actions:

• • A. Completion of the required pre-application conference with the administrative officer to the planning board;

  • B. Application for land development project approval;

  • C. Referral to technical review committee for report to planning board.

  • D. Completion of a public meeting with notice provided according to the land development and subdivision regulations;

  • E. An application for amendment to the zoning map that complies with all provisions for rezoning set forth in Sections 17.120.010, 17.66.120 and 17.66.130, as well as all other pertinent procedural and administrative city regulations.

  • F. Referral of the zoning map amendment for review by and recommendations from the planning board;

  • G. City council review and approval of the zoning map amendment.

(Ord. 2021-25, § 1, 9-8-2021)

• A. Fee Payment of the two thousand five hundred dollars ($2,500.00) application fee, plus costs incurred for advertising and notice requirements

• B. Narrative Outline. The applicant shall provide a statement of how the purpose and intent of this chapter will be achieved by the project, including additional graphics of the character of the development. This narrative shall include:

  • 1. Consistency with the Comprehensive Plan;

  • 2. Consideration of each of the applicable purposes of zoning, as outlined in Section 17.04.020;

  • 3. Information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including environmental conditions, topographic features, subsurface conditions, the location and results of percolation tests, groundwater elevation determinations, statements of subsoil conditions; the freshwater wetland and coastal zone boundaries, and the floodplains; and,

  • 4. Proposed terms of the community benefits agreement

• C. Background Report Requirements. The following reports may also be requested by the administrative officer to the planning board or the permitting authorities.

  • 1. Traffic Impact Study and Mitigation Elements. For any proposed use that will generate fifty (50) or more added (new) vehicle trips per hour during the adjacent roadway's peak hour or the development's peak hour according to the latest edition of the Institute of Transportation Engineers Trip Generation Handbook, or would require parking or provides parking for more than twenty (20) vehicles, a traffic impact study shall be submitted to the interdepartmental traffic committee for their review and comment prior to review by other city officials. Such study shall be conducted by a licensed professional engineer selected by the city at the expense of the applicant. If negative traffic impacts are revealed, the permitting authority may deny the application if they deem such impacts significantly impacting the public safety or may apply conditions to mitigate the impacts, including without limitation, such standard practices as the provision of alternative transportation, off-site roadway, and signalization improvements. The applicant may retain its own traffic engineer to develop their own analysis or analyze the city's analysis.

  • 2. City Services Analysis. A study shall be submitted outlining the proposed development's impact on existing public facilities, such as the roadway network, sewers, solid waste, electricity, telecommunications, water facilities, school system, recreation, and police and fire services. Such study shall be conducted by a consultant experienced in city services analysis and smart growth strategies and standards. The consultant to perform the city services analysis study shall be selected by the City of Newport at the expense of the applicant. Impacts may be required to be offset by the permitting authority.

  • 3. Market Analysis Study. A market study shall be submitted demonstrating the area market demand for the proposed uses identified in Section 17.66.020, as well as the impact of proposed uses on existing similar facilities in the city. Such study shall be conducted by a consultant experienced in market analysis and smart growth strategies and standards. The consultant to perform the market analysis study shall be selected by the City of Newport at the expense of the applicant.

  • 4. Carbon Consumption Study. A study shall be submitted estimating the proposed development's carbon emissions during construction and operations. Such study shall be conducted by a consultant experienced in carbon consumption analysis and smart growth strategies and standards. The consultant's report shall flag any other substantial negative environmental impacts. The consultant to perform the market analysis study shall be selected by the City of Newport at the expense of the applicant. Impacts may be required to be offset by the permitting authority.

  • 5. Community Impact Study—see Section 17.66.070.

(Ord. 2021-25, § 1, 9-8-2021)

• A. Approval. After review and receipt of recommendations from the planning board, city council approval of the zoning map change shall include approval of the community benefit agreement, if applicable. This approval shall bind the developer to construction of the development in substantial conformance with the elements of the approved land development project plan and the terms of the community benefit agreement, if applicable. Failure to abide by either of these requirements shall be considered a violation of this chapter as outlined in Section 17.112,080.

This approval shall not hereafter supersede the land development and subdivision approval process, RIGL 45-23, or mapped streets. Chapter 12.04.

• B. A formal long-term plan with specific methods to monitor conformity with the approved project terms and commitments is to be made part of the terms of each floating zone.

• C. Denial. City Council denial of the zoning map change application shall be binding in accordance with the provisions of Chapter 45-24 of the General Laws of Rhode Island.

(Ord. 2021-25, § 1, 9-8-2021)

Subsequent to city council approval of the zoning map change, alterations to the development may be made.

• • A. Minor Alterations. Alterations may be authorized by the planning board and shall be limited to those that may be defined as minor in nature. Minor alterations are those that result in little or no significant impact on surrounding properties or on the safe and efficient flow of traffic through nearby city roadways. For a proposed alteration to be deemed "minor" in nature, it shall meet one or more of the following conditions. The proposed alteration shall:

    • 1. Alter the land use mix of the development by a cumulative total of less than ten percent in any use;

    • 2. Decrease the overall density of the development by up to twenty-five (25) percent;

    • 3. Allow minor reorientation of one or more points of access, the internal roadway network and/or the parking, made necessary due to actions taken by the city or state subsequent to the approval date of the zoning map change;

    • 4. Allow minor changes in location, orientation and/or design of parking facilities, provided such changes do not alter the total number of parking spaces;

    • 5. Allow minor changes in building location made necessary by previously unforeseen natural conditions;

    • 6. Allow changes in landscaping materials, lighting plan, and siting of pedestrian and accessory facilities as made necessary by other approved alterations; and/or

    • 7. Allow other site design modifications that would not substantially alter the character of the development.

  • B. Major Alterations. Alterations that would substantially alter the final character of the development shall be deemed a major alteration proposal. Any alterations that do not meet the criteria for a minor alteration shall necessitate a zoning amendment. Additionally, any proposal requesting one or more of the following alterations to the development shall be considered a zoning amendment:

    • 1. Construction of additional structures for anything other than ancillary uses;

    • 2. Introduction of a use;

    • 3. A change in use proposed for any structure directly adjacent to or abutting a residential structure;

    • 4. Any excavation, filling or other alteration of the property's natural systems not previously approved in a zoning amendment;

    • 5. Any addition or deletion of vehicular access points and parking areas or significant reorientation of the internal roadway network of the site;

    • 6. Any change in the phasing plan of the development, including size, boundaries and timing of construction of one or more sections of the development.

(Ord. 2021-25, § 1, 9-8-2021)

The traditional maritime district is intended to provide a location for maritime-related activities, public access and recreational uses of the waterfront in an attractive environment which supports the historic character of the city and the traditional values associated with a working waterfront. All residential uses are prohibited in this district for public health and safety reasons.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.141)

• A. The following uses are permitted by right:

  • 1. Boat building and repair;

  • 2. On land boat storage during the nonboating season;

  • 3. Seafood sales, landing, storage, brokerage and distribution;

  • 4. Marine fabrication, including sail making, canvas manufacturing, and marine metal casting;

  • 5. Stores where nautical goods are sold or nautical services rendered at retail;

  • 6. Boat dealers and brokers;

  • 7. Marine and oceanographic research laboratories;

  • 8. Marine salvage and vessel towing services;

  • 9. Marine transport operations, including shipping offices;

  • 10. Facilities for marine pollution control, oil spill clean-up and servicing of marine sanitation devices;

  • 11. Yacht and sailing clubs, and schools which give special marine or nautical instruction;

  • 12. Professional and business offices where maritime issues and products are the primary use, i.e., naval architects, maritime publishers, etc;

  • 13. Commercial marine oriented recreation facilities including boat shows, sightseeing tours, and sport fishing charters;

  • 14. Parks, playgrounds and playing fields;

  • 15. Standard restaurants;

  • 16. Marinas;

  • 17. Maritime museums including such attractions as aquariums;

  • 18. 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;

  • 19. Accessory uses with respect to the foregoing.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.142)

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. The minimum lot width shall be eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.143)

The minimum setback requirements are:

• • A. Front line, zero feet;

  • B. Side line, five feet;

  • C. Rear line, five feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.144)

The portion of a lot to be covered by buildings shall not exceed forty (40) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.144)

Building height shall not exceed forty-five (45) feet above mean sea level, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.145)

The open space district is an area designed to provide for the preservation and enhancement of open spaces in the city and to foster environmental conservation activities. It is realized that open spaces contribute greatly to improving the quality of life, enhancing property values and promoting general well-being among the city's residents. The comprehensive land use plan explicitly states the need for conservation of existing open spaces through the zoning code. It is the intent of this district to provide for conserving existing open spaces and to acquire additional suitable lands as identified in the comprehensive plan for inclusion in this district.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

• A. The following uses are permitted by right:

  • 1. Conservation lands;

  • 2. Bird sanctuaries;

  • 3. Wildlife preserves;

  • 4. Open spaces;

  • 5. Parks;

  • 6. Historic resource preservation;

  • 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.

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

  • 1. Playgrounds;

  • 2. Playing fields;

  • 3. Trails for walking or biking.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. There shall be no minimum lot width requirement for this district.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

• A. Front line, eighty (80) feet;

• B. Side line, eighty (80) feet;

• C. Rear line, eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

The maximum portion of a lot to be covered by a permanent structure shall not exceed three percent. The lot coverage requirement for this district shall include all impervious paved surfaces such as trails and parking lots.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

No portion of any structure shall exceed twenty-five (25) feet in height, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 97-50A § 2 (part), 1997)

The recreation district is an area designed to provide for the preservation and enhancement of open spaces in the city and to foster passive and active recreational activities. It is realized that open spaces for recreation contribute greatly to improving the quality of life, enhancing property values and promoting general well-being among the city's residents. The comprehensive land use plan identifies a need to provide opportunities to enjoy recreational facilities, open spaces and natural resources and further recommends protecting, enhancing and maintaining access to recreational facilities. It then is the intent of this district to provide for conserving existing open spaces primarily used for recreation and to acquire additional suitable lands for inclusion in this district.

(Ord. 2000-4 (part), 2000: Ord. 97-50B § 2 (part), 1997)

• A. The following uses are permitted by right:

  • 1. Parks;

  • 2. Trails for walking or biking;

  • 3. Natural beach swimming areas, both public and private;

  • 4. Golf courses excluding miniature golf courses and commercial driving ranges;

  • 5. 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;

  • 6. Major recreational events;

  • 7. Temporary accessory uses for major recreational;

  • 8. Accessory uses with respect to the foregoing.

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

  • 1. Playgrounds;

  • 2. Playing fields;

  • 3. Horse-riding academies and boarding stables for horses;

  • 4. Day camps for children and youth;

  • 5. Trails for horseback riding;

  • 6. Boating instruction;

  • 7. Docks, slips and piers where boats may be berthed provided that the parcel of land is adjacent to an open water body.

(Ord. 2000-4 (part), 2000: Ord. 98-51 § 1 (part), 1998; Ord. 97-50B § 2 (part), 1997)

(Ord. No. 2020-02, § 5, 2-26-2020; Ord. No. 2024-02, § 4, 1-10-2024)

Editor's note— See editor's note, § 17.08.010.

• A. The minimum lot area shall be ten thousand (10,000) square feet.

• B. The minimum lot width shall be eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 97-50B § 2 (part), 1997)

• A. Front line, eighty (80) feet;

• B. Side line, eighty (80) feet;

• C. Rear line, eighty (80) feet.

(Ord. 2000-4 (part), 2000: Ord. 97-50B § 2 (part), 1997)

The maximum portion of a lot to be covered by a permanent structure shall not exceed three percent. The lot coverage requirement for this district shall include all impervious paved surfaces such as trails and parking lots.

(Ord. 2000-4 (part), 2000: Ord. 97-50B § 1 (part), 1997)

No portion of any structure shall exceed thirty-five (35) feet in height, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 97-50B § 1 (part), 1997)

• A. Notwithstanding the provisions of Section 17.72.030.C. to the contrary, a permitted use by right may be established on a single lot of record on the effective date of adoption or amendment of the zoning code, regardless of lot area or width, provided there is compliance with the limitations imposed by other provisions of this zoning code or relief from the same is obtained by way of a dimensional variance provided, however, where such substandard original lot is unimproved and has one or more common boundaries with another unimproved lot owned by the same owner or his/her affiliate, such lots shall be combined in accordance with the provisions of this section.

• B. If two or more unimproved lots or combinations of such lots or portions of such lots with continuous frontage in single ownership are of record at the time of passage or amendment of this zoning code, and if all or parts of the lots do not meet the requirements established for lot width and area, and a building or other use is proposed which utilizes such lots in combination, the land involved shall be consolidated. In this manner no portion of the lot created through consolidation may be used or sold in a manner which diminishes compliance with any of the requirements established by this zoning code. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty (50) percent of the lots within two hundred (200) feet of the subject lot, as confirmed by the zoning officer.

• C. If three or more unimproved lots or parcels of land in any residential zoning district, having one or more than one common boundary with another lot owned by the same owner or his/her or its affiliate, and one or more of these lots fails to meet the requirements established by zoning code for minimum lot width and area, such unimproved lots shall be considered to be an individual, undivided parcel of land for the purpose of this chapter. If the total lot width or lot area of such contiguous unimproved lots of record is less than required by this zoning code, such lots may be considered as a single nonconforming lot of record for the purpose of this chapter. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty (50) percent of the lots within two hundred (200) feet of the subject lot, as confirmed by the zoning officer.

• D. The provisions of subsections B. and C. of this section do not apply to any lot which has been assessed as a separate tax assessor's lot and which contains at least eighty thousand (80,000) square feet.

• E. The provisions of this section shall apply to all the districts specified in this zoning code and in merging substandard lots of record consideration shall be given to the availability of infrastructure, the character of the neighborhood, and the consistency with the comprehensive plan.

• F. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

  • i. Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets forty (40) percent of the minimum lot area required in the district in which it is located, the setbacks, lot frontage, and lot width shall each be reduced to forty (40) percent of the requirements for those dimensional standards in the same district.

  • ii. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets forty (40) percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by sixty (60) percent over the maximum permitted lot building coverage in that district.

(Ord. 2004-44 § 1 (part), 2004; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.09)

(Ord. No. 2023-36, § 1, 12-13-2023; Ord. No. 2025-25, § 1, 3-26-2025)

Within the districts established by this zoning code or by amendments that may later be adopted there exist or may exist uses, structures or lots which were lawful before this zoning code was passed or amended, but which would be noncomplying under the provisions of this zoning code or any such amendment. Such uses, structures and lots are termed nonconformities. It is the intent of this chapter to permit these nonconformities to continue until they are removed or abandoned. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use, however, if any nonconforming use is halted for a period of one year, the nonconforming use will be presumed to have been abandoned, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.10)

• A. Nothing in this zoning code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by decree of any official charged with protecting the public safety, provided that such work does not increase the nonconformity thereof. Nothing in this zoning code shall be deemed to prohibit ordinary repair and maintenance of a nonconforming structure or replacement of existing materials, provided that such work does not increase the nonconformity thereof.

• B. No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building shall be moved or extended to any other part of the building not expressly arranged and designed for such use at the time the use became nonconforming, and no building containing a nonconforming use shall be moved, unless the result of such move is to end the nonconformity. No nonconforming building shall be moved, unless the result of such moving is to reduce or eliminate its nonconformity.

• C. Nonconforming by Use. No nonconforming use of land or nonconforming use of a structure shall be changed except to a conforming use or structure. No nonconforming use of land or nonconforming use of a structure, if once changed to conform, shall thereafter be changed so as to be nonconforming by use again.

• D. Dimensionally Nonconforming—Alteration to dimensionally nonconforming structures that otherwise conform to the use regulations of the zoning district shall be allowed as a matter of right if the alteration in and of itself: (1) conforms to the current dimensional requirements of the zoning district in which the property is located; and (2) does not increase or intensify the element(s) of the dimensional nonconformity.

• E. A structure which is nonconforming by lot coverage, but the use of which is a use permitted by right in the district in which the land or structure is located, shall only be altered, changed, enlarged or subject to addition or intensification by obtaining a variance from the zoning board of review or, if applicable pursuant to unified development review the planning board.

• F. A use established by variance or special use permit shall not acquire the rights of this section.

(Ord. 2005-11 § 1, 2005; Ord. 2004-44 § 1, (part), 2004; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.11)

(Ord. No. 2023-36, § 1, 12-13-2023; Ord. No. 2024-17, § 1, 7-24-2024; Ord. No. 2025-25, § 1, 3-26-2025)

It is the intent of this chapter to provide for the retention, enhancement, and stabilization of Newport's historic stone walls within the city limits, which are important cultural resources contributing to the aesthetic character of the city. It is not the intent of this chapter to deprive a citizen use of their property, detract from that property's value or cause financial hardship.

(Ord. No. 2014-020, § 1, 8-27-2014)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

"Historic stone wall" means a human-made linear or curvilinear structure, freestanding or semi-attached to another structure, comprised primarily of aligned, stacked, and/or cemented natural stone, originally constructed in the 17th, 18th, 19th, or early 20th centuries, to designate a property boundary or to segregate activities within a single property.

(Ord. No. 2014-020, § 1, 8-27-2014)

• A. Alteration or removal of historic stone walls located within a designated historic district shall require prior review and approval from the historic district commission. Alteration or removal of historic stone walls not located within a designated historic district shall require prior review and approval from the planning board. After commission board approval is granted to alter or remove an historic stone wall, the applicant shall obtain any further approvals required by law from the building official, if applicable, prior to work commencing.

• B. Building and site improvements shall be designed to avoid impacts to historic stone walls to the greatest extent feasible while allowing for reasonable use of property. Special consideration shall be given to the preservation of historic stone walls flanking or abutting city and state roads, demarcating historic burial grounds, and/or contributing to the character of a historic structure or site.

• C. Alteration to a historic stone wall shall be designed in a way that requires minimal changes to the design, materials, and construction methods that characterize the wall, which may include but not be limited to: coursing, stone type, joint width, stacking pattern, cementation, height, thickness, vertical angle/profile, footprint, end treatments, and pattern of breaks or openings. Alterations shall ensure the structural stability of the wall is maintained.

• D. Relocation or partial relocation of a historic stone wall shall be preferable to removal. Relocation or partial relocation of a historic stone wall shall reuse to the greatest extent feasible existing materials, features, and elements that characterize the wall, and shall replace in kind those materials, features, and elements that are necessary to be removed, in order to protect the historic integrity of the wall.

• E. An existing state of disrepair, in and of itself, shall not be justification to remove a historic stone wall. An historic stone wall in disrepair shall remain as is in its existing condition and location, or shall be repaired, stabilized, and/or treated according to the general provisions of this chapter.

• F. In addition to the review standards contained in this chapter, historic stone walls located within a designated historic district shall be subject to the review standards provided for in Chapter 17.80.

• G. Any appeal of a decision from the historic district commission or planning board denying an application to alter or remove a historic stone wall shall follow the procedures established for those bodies for appeals to the zoning board of review.

(Ord. No. 2014-020, § 1, 8-27-2014)

Any person violating the provisions of this chapter shall be subject to the penalties provided for in Section 17.112.080.

(Ord. No. 2014-020, § 1, 8-27-2014)

Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of the zoning ordinance.

(Ord. No. 2014-020, § 1, 8-27-2014)

There is a need for regulations that recognize the benefits of signage and provide clear guidelines for installation of signs so as to help maintain and complement the City of Newport's diversity of distinct neighborhood, each with its own charm and character:

The regulation of signs protects public safety by assuring signs do not obstruct lines of sight for drivers or sidewalks for pedestrians;

Sign regulation promotes general welfare in minimizing accumulation of debris and promoting sensitivity to the physical environment;

These regulations enhance property values and increase business opportunities through reduction of visual clutter; and

Sign regulation promotes a heightened aesthetic environment by encouraging distinctive and appealing signs.

It is the intent of this chapter to:

• • A. Establish rules and regulations to control and regulate all signs in the city;

  • B. Maintain a high degree of excellence in the quality of all signs;

  • C. Prevent the proliferation of signs which cause visual clutter and disharmony; and

  • D. Encourage a rational pattern of signs with regard to the area where such signs are located to promote community aesthetics and public safety.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.01)

(Ord. No. 2009-19, § 1, 6-24-2009)

As used in this chapter:

"A-Frame" refers to a general category of nonpermanently mounted ground signs, including, but not limited to, stanchions, collapsible, pedestal, and similar portable sign devices.

"Awning" means a cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.

"Business Frontage" means the length of the business face which includes either a major public entrance, direct viewing from a public right-of-way or public access easement, or business length that directly abuts harbor waterways.

"Combined use lot" means a parcel of land or no more than three contiguous lots under common ownership, containing no less than seven hundred fifty thousand (750,000) square feet of land and located in the commercial-industrial district.

"Sign" means any billboard, illustration, insignia, letters, lettering, logo, picture, display, banner, pennant, flag or other device, however made, displayed, painted, supported or attached, intended for the purpose of advertisement, identification, publicity or notice, when located and intended to be visible from off the property or from a parking lot. A merchandise display within the premises shall not be considered a sign.

"Sign area" means the area of the smallest triangle, rectangle or circle which can wholly enclose the surface area of a sign. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where the two faces are parallel, only one side shall be counted. Three-dimensional signs shall be treated as dual-faced signs such that the total area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. Frames and structural members that do not meet the definition of sign shall not be included in the computation of sign area.

Sign, Banner. "Banner Sign" means a graphic composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

Sign, Business. "Business sign" means a sign which identifies or advertises a permitted business, including permitted home occupations, located on the premises where such sign is located.

Sign, Directory. "Directory Sign" means a sign on a building which provides an organized listing of multiple businesses and guidance as to where they are located.

Sign, Electric. "Electric sign" means a sign that provides artificial light directly or through any transparent or translucent material.

Sign, Freestanding. "Freestanding sign" means a sign not supported by a wall or screening surface.

Sign, Illuminated. "Illuminated sign" means a sign illuminated by artificial light focused upon or directed chiefly at the surface of the sign.

Sing, Incidental Business. "Incidental Business Sign" means a sign, generally informational, that has a purpose secondary to the use of the zone in which it is located. No sign with a commercial message legible from the public roadway shall be considered to be incidental.

Sign, Nonconforming Use. "Nonconforming use sign" means a sign which identifies or advertises a use on the premises, which use is not currently allowed under the zoning code.

Sign, Projecting. "Projecting sign" means a sign other than a wall mounted sign which projects from and is supported by a wall or screening surface.

Sign, Residential. "Residential sign" means a sign, other than the name and address of the resident, which identifies the residential premises on which it is located.

Sign, Temporary. "Temporary sign" means a sign which is displayed for a limited period of time.

Sign, Wall Mounted. "Wall mounted sign" means a sign which is attached directly to or painted upon a wall or screening surface and which does not extend more than twelve inches therefrom. Signs located inside a building and intended to be visible from off the property or from a parking lot shall be considered wall mounted signs.

Sign, Window. "Window sign" means a sign which is attached directly to or painted upon the inside or outside of a window.

(Ord. 2000-4 (part), 2000: Ord. 98-11 § 1, 1998; Ord. 65-94 (part), 1994: prior code § 1262.01.02)

(Ord. No. 2009-19, § 1, 6-24-2009)

The administration of this chapter is hereby vested in the director of the department of planning, zoning, development and inspections of the city, who shall be responsible for:

• • A. Determining conformity of all proposed signs with the provisions of this chapter;

  • B. Forwarding to the historic district commission, prior to the issuance of a license, for its review and recommendation, all applications for new signs proposed to be erected in the historic district.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.03)

A permit shall be required for all signs other than those specifically exempted under Section 17.76.110 "signs permitted in all areas." Application for such a permit shall be on forms as required by the director of planning, zoning, development and inspections and shall be accompanied by a scale drawing indicating the following where applicable:

• • A. The size of the proposed sign, the general configuration of lettering and/or symbols and such descriptive material as may be necessary to fully explain the intent of the application;

  • B. The location of the proposed sign in relation to the building and all property lines; and

  • C. The dimensions of the linear frontage of the structure on which the proposed sign is to be located.

  • D. In the case of a business sign, the dimensions of the linear business frontage.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.04)

(Ord. No. 2009-19, § 1, 6-24-2009)

All applications for a sign permit shall be accompanied by an application fee of thirty-five dollars ($35.00) per each sign plus an additional twenty-five dollars ($25.00) if Historic District review is required.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.05)

(Ord. No. 2009-19, § 1, 6-24-2009)

All applications for signs to be located in the historic district shall be forwarded by the director of the department of planning, zoning, development and inspections to the historic district commission for review and recommendations. No such application shall be acted upon by the director until a report has been received from the commission. If the commission does not report within forty-five days from the date of referral by the director, then the director may act without the report.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.06)

Any sign which, on September 22, 1971, did not conform to the provisions of this chapter shall be considered nonconforming. No nonconforming sign shall be structurally altered, enlarged, moved, or replaced unless the sign is brought into compliance with the provision of this zoning code and the nonconforming features of the sign eliminated. A change to the name of the business or content of the sign shall be considered replacement as referenced above.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.07)

The director of the department of planning, zoning, development and inspections is hereby authorized to enter upon any premises where signs or advertising devices are maintained or displayed, for the purpose of inspecting the same. The director may remove any and all such signs and advertising devices which are not in conformity with this chapter, provided that any person maintaining or displaying the same has been convicted of a violation of any of the provisions of this chapter regarding the same.

Any sign installed or placed on or over public property or right-of-way, except in conformance with these requirements, shall be forfeited to the public and subject to confiscation by the City. In addition, the City shall have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of the sign.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.08)

(Ord. No. 2009-19, § 1, 6-24-2009)

Projecting signs may extend a maximum of four feet from a building, wall or screening surface but in no case shall a sign extend closer than eighteen (18) inches from the curb line. Any sign which extends over a sidewalk shall be at least eight feet above such sidewalk. Freestanding signs shall not extend beyond the property line of the lot on which they are located. Light sources which cast light on signs shall be shielded so as not to be visible from off the property where they are located. Light sources and shields which are an integral part of the sign shall be subject to the same regulations that apply to the sign itself.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.09)

(Ord. No. 2009-19, § 1, 6-24-2009; Ord. No. 2024-18, § 1, 7-24-2024)

Unless otherwise specified elsewhere in this chapter, all signs shall pertain to the principal use, service rendered or product sold on the premises on which the sign is located and no sign shall include advertisement, identification, publicity or notice of goods, services, establishment, enterprises, activities, persons, organizations and facilities which are not located on the premises or which are incidental to the primary use of the premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.10)

Signs listed in this section are permitted in all areas, shall not require permits and shall not be counted when calculating the quantity of signs and the total allowable sign area. However, such signs shall conform with all other applicable provisions of this chapter. Signs permitted in all areas include:

• • A. The name and address of the resident, but not including any commercial advertising, of not more than two square feet in sign area, one square foot in the historic district. Such signs shall be nonilluminated.

  • B. No trespassing signs or other such signs regulating the use of the property on which they are located, provided that such signs do not exceed an area of two square feet in any district, except the commercial-industrial district, in which district such signs may not exceed five square feet in area. Such signs shall be nonilluminated.

  • C. Temporary signs which advertise the sale, rental, lease or improvement of the property on which they are located, provided that such signs do not exceed an area of six square feet in any residential district and twenty (20) square feet in a nonresidential district, thirty (30) square feet in the commercial-industrial district. In the case of a sign advertising pending improvement, no such sign shall be in place longer than sixty (60) days prior to commencement of such improvement. Temporary signs shall be removed within ten (10) days after completion of the activity advertised. Such signs shall be nonilluminated.

  • D. Temporary signs not larger than twelve (12) square feet advertising auctions and special events of charitable or public service groups, provided that such signs are not in place for more than ten days and are nonilluminated and nonelectric.

  • E. Bulletin boards for public, charitable or religious institutions when located on the property thereof, provided that the area of such signs does not exceed twenty-five (25) square feet and bears no commercial advertising. Such signs may be illuminated.

  • F. Signs identifying on-premises traffic, parking or another functional activity, such as lavatory facilities and telephones, signs denoting other sections of a building, and signs denoting entrances, offices, etc., bearing no commercial advertising. There shall be not more than one sign for each activity, and no sign shall exceed two square feet if wall mounted or four square feet if freestanding. All such signs may be illuminated.

  • G. Signs erected by the city and traffic control devices erected by the state, all bearing no commercial advertising.

  • H. Memorial signs or tablets and signs denoting the date of erection of buildings. Such signs shall be nonilluminated.

  • I. The flag, emblem or insignia of any government, or of any religious, professional, educational, charitable or fraternal organization.

  • J. Permanent residential development signs at major entrances designed to identify a residential development and containing no commercial advertising, provided that the area of such signs does not exceed fifteen (15) square feet. Such signs may be illuminated.

  • K. Signs identifying churches and places of worship when located on the property thereof. Such signs may be illuminated.

  • L. Signs on awnings, provided that such signs so located are affixed flat to the surface thereof. No such sign shall extend vertically or horizontally beyond the limits of such awning or have a total area in excess of one-half of a square foot for each lineal foot of the front of the awning. Such signs shall be nonilluminated and nonelectric.

  • M. Incidental business signs indicating hours of operation, credit cards, business affiliations, no parking, entrance, loading only, and the like, provided that the aggregate area of all such signs for a single business does not exceed two square feet per entrance.

  • N. Signs on theaters advertising current and coming attractions, provided that the aggregate area of such signs does not exceed two hundred fifty (250) square feet. Such signs may be illuminated or electric. A license shall be required for the erection of the frame. However, the copy within the frame may be changed from time to time without a license.

  • O. Election campaign signs are permitted on private property in any zoning district.

• P. Business internet address signs in windows when in compliance with total aggregate area for window signs prescribed in Section 17.76.150, Business Signs, paragraph C., Size.

  • Q. Temporary signs not larger than fifteen (15) square feet advertising major recreational events or temporary accessory uses for major recreational events, provided that such signs are erected only on or adjacent to the properties on which the event will take place, and are non-illuminated and non-electric. Such signs shall be erected no earlier than thirty (30) days prior to the event and removed within seven days after the conclusion of the event.

(Ord. 2000-4 (part), 2000; Ord. 65-94 (part), 1994: prior code § 1262.01.11)

(Ord. No. 2009-19, § 1, 6-24-2009; Ord. No. 2020-02, § 6, 2-26-2020; Ord. No. 2024-02, § 5, 1-10-2024)

Editor's note— See editor's note, § 17.08.010.

The following signs are not permitted and shall not be erected or maintained in any area:

• • A. Signs which incorporate in any manner any flashing or moving illumination or illumination which varies in color.

  • B. Signs which have any visible moving parts, including signs which achieve movement by the action of wind currents. Hanging signs which simply swing in the wind, clocks, time and temperature signs and barber poles are exempted, provided that they comply with all other provisions of this chapter.

  • C. Signs or sign structures which constitute a hazard to public safety or health.

  • D. Signs which, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.

  • E. Signs which obstruct free ingress to or egress from a fire escape, door, window or other required exit way.

  • F. Signs which use words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

  • G. Obsolete signs which no longer advertise a bona fide business conducted or a product sold on the premises. Obsolete signs shall be removed within thirty (30) days after the activity ceases.

  • H. Signs on public property or public rights-of-way, other than signs erected by the city or traffic control devices erected by the state, unless specifically authorized by the city council.

  • I. Signs painted on, attached to or supported by a tree, stone, cliff or other natural object.

  • J. String lights and strip lighting, other than those associated with events of religious and charitable organizations, for a period not to exceed ten days, and other than temporary holiday decorations.

  • K. Searchlights, pennants, spinners, and streamers, other than those associated with events of religious and charitable organizations, for a period not to exceed ten days.

  • L. Any sign displayed on an automobile, truck, or other motorized vehicle when that vehicle is used primarily for the purpose of such advertising display.

• M. Temporary signage (except as allowed in subsection A. of Section 17.76.160), including A-frame and non-permanently mounted ground signage with the exemption of an allowance for one temporary sign per business located in the LB, WB, TM, CI, and GB zones. Such sign shall not exceed ten square feet in area and is to be located on the lot of record for that business and the sign is to be setback three feet from the property line. One additional sign is allowed when the lot of record fronts more than one public right-of-way. Such sign(s) shall not be in place prior to 8:00 a.m. each day and shall be removed by 11:00 p.m. each evening. A-frame and temporary signs must be properly secured and used in a manner so as not to cause harm to the public.

(Ord. 2001-25 (part), 2001; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.12)

(Ord. No. 2009-19, § 1, 6-24-2009)

Every sign and all parts thereof, including the framework, supports, background, anchors and wiring systems, shall be constructed and maintained in compliance with the applicable building, electrical and fire prevention codes of the city. All signs and all parts thereof shall be kept in good repair.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.13)

All residential signs shall conform to the following provisions:

• • A. Location. Residential signs may be wall-mounted or projecting. They may be freestanding if the building to which the sign is referring is setback at least five feet at the location of the intended sign. In the historic district, no freestanding sign shall be allowed.

  • B. Quantity. There shall be not more than one residential sign per lot.

  • C. Height. No freestanding residential sign shall exceed a height of six feet. No wall-mounted or projecting sign shall project above the cornice line of the building on which it is located.

  • D. Illumination. All residential signs shall be nonilluminated and nonelectric.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.14)

All business signs shall conform to the following provisions:

• • A. Location. Business signs shall be treated the same as residential signs with regard to location, except in the commercial-industrial district, where all freestanding signs shall be at least twenty-five (25) feet from any property line. Freestanding signs on a combined use lot shall be at least twenty-five (25) feet from any property line or sixty (60) feet from the center line of the public road or highway which abuts the property along which the sign is located, whichever is less.

• B. Quantity. There is no limit to the number of business signs permitted. However, the total aggregate area of all business signs shall not exceed the total amount of linear frontage as prescribed in paragraph C., Size. Where freestanding signs are permitted, one such additional freestanding sign per lot shall be allowed. Area of freestanding signs as prescribed in paragraph C., Size, shall not count towards total aggregate area for business signs. Combined use lots are limited to a total of two freestanding signs. Under no circumstance is more than one projecting sign per frontage allowed. In the case of covered walks and/or interior malls, one additional sign per business is allowed not in excess of two square feet per business and denoting only the name of the business and the entrance thereto.

  • C. Size. Business signs shall not exceed a total area of four square feet in any residential district. Wall-mounted and projecting business signs in business districts shall not exceed a total area equal to one square foot for each lineal front foot of that part of the structure which contains the business frontage on which such signs are located. Such signs in the commercial-industrial district shall not exceed a total area equal to one and one-half square feet for each lineal front foot of that part of the structure which contains the business frontage on which such signs are located. Where a freestanding business sign is allowed, no such sign shall exceed an area of thirty (30) square feet in business districts outside the historic district or forty-five (45) square feet in the commercial-industrial district. Freestanding signs on a combined use lot may not exceed one hundred fifty (150) square feet per business or three hundred (300) square feet per sign where more than one business exists on the combined use lot. A window sign shall not in the aggregate exceed fifty (50) percent of the window size.

  • D. Height. No business sign in a residential district or in the historic district which is wall mounted or projecting shall project above the cornice line of the building on which it is located. In a business district outside the historic district or in the commercial-industrial district, no such sign may extend over four feet above the cornice line. Freestanding signs shall not exceed a height of six feet in residential districts, twenty (20) feet in business districts and twenty-five (25) feet in the commercial-industrial district.

  • E. Illumination. Business signs in residential districts shall not be directly illuminated. Business signs in business districts within the historic district may be directly illuminated. Business signs may be electric in business districts other than within the historic district.

(Ord. 2000-4 (part), 2000: Ord. 98-11 § 2, 1998: Ord. 65-94 (part), 1994: prior code § 1262.01.15)

(Ord. No. 2009-19, § 1, 6-24-2009)

• A. Advertising by means of signboards which are carried by a person, including so-called sandwich boards, shall be allowed subject to the following terms and conditions:

  • 1. Said signboards shall not be in excess of twenty (20) inches in width or more than forty (40) inches in length;

  • 2. Signboard advertising shall be permitted only on sidewalks, and only in areas zoned as business districts;

  • 3. Signboard advertising shall be restricted to daylight hours.

• B. Fixed signs which include advertisement, identification, publicity or notice of goods, services, establishments, enterprises, activities, persons, organizations and facilities which are not located on the premises, are allowed only in the commercial-industrial district. However, no such sign shall exceed an area of six hundred seventy-five (675) square feet; shall be located at least twenty-five (25) feet from any property line; shall be at least two hundred (200) feet from any residential district line and shall not exceed a height of twenty-five (25) feet above the ground. Such signs may be illuminated. The lots on which the signs are located shall contain no other use and shall be properly maintained by the owner of the signs.

• C. Directory signs may be permitted on corner lots of record in the Waterfront Business zone to promote businesses located along the public wharves and rights-of-way. The property owner of record must submit an application for a sign permit, fees, and sign plan to the director of planning, zoning, development and inspections, or designee. Permission is subject to the approval of the submitted sign plan by the director, or designee. Said sign plan shall address the proposed location of the sign, size, text of business directory panels, and directional icons. The sign shall not exceed thirty-six (36) square feet in total area and shall be wall-mounted on the exterior of the corner building facing oncoming vehicular traffic. Business names must be formatted in a vertical, stacked list with each business name sign plate not to exceed five inches in vertical height. Only one primary name sign plate is allowed per directory sign, preferably the name of the wharf or right-of-way, and shall not exceed seven inches in height. The sign shall not be backlit or internally illuminated. Approval of any directory sign shall also be subject to the removal of all nonconforming signage for the corner property of record and for all businesses listed on the directory sign.

• D. The following described billboards which have been "grandfathered" by a decision of the Rhode Island Supreme Court are exempt from the operation of this section and shall be allowed as follows:

  • 1. Van Zandt Avenue, one single pole unit with provisions for a parking lot or tot lot;

  • 2. Wellington and Thames Streets, four units refurbished and landscaping with fencing on back of property;

  • 3. Thames Street and Narragansett Avenue, two units with new trim and lights; and

  • 4. Thames Street and Morton Avenue, three single-pole units with illumination with lot fenced in.

All of the above locations shall be maintained on a weekly basis.

In order to protect the quality of life for residents in the residential and limited business zones, these billboards cannot be enlarged, expanded or intensified in any way, including the addition of flashing or moving illumination of light emitting diode (LED) technology.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.16)

(Ord. No. 2009-19, § 1, 6-24-2009)

• A. Non-governmental signs are only allowed on public property such as streets, sidewalks, parks, and other City of Newport property or property managed by the City of Newport if specifically reviewed and approved by the city council. The review by city council is subject to details and provisions determined by the city council, including, but not limited to, sign type, number, location and duration.

• B. Applications for such review and approval will include a detailed, scaled plan to be provided to the city clerk for private signage on public property. The plan will include a narrative request from the applicant, a drawing or photo for each sign with the proposed size, a map of the proposed sign location(s), and the requested duration for each proposed sign. Proposed signs will be situated in such a manner to not impede pedestrian or vehicular traffic.

• C. Banner signs are allowed on public property subject to city council review and approval. An application should be provided to the city clerk including the application material as reference in section B. In addition, written approval from the property owner(s) must be provided, plus utility and/or state agency party approvals. A Certificate of Liability Insurance naming the City of Newport as the certificate holder must be provided. The certificate will stipulate one million dollars ($1,000,000.00) coverage personal bodily injury and two million dollars ($2,000,000.00) coverage for general aggregate coverage. An applicant may not be granted more than half of the available poles for banner use.

• D. All banner signs shall have a vertical clearance from the ground of a minimum of thirteen (13) feet over pedestrians and sixteen (16) feet over streets or areas used by motorized vehicles.

• E. Banner and other non-governmental signs shall be installed no earlier than three weeks prior to the event it is promoting, unless otherwise approved by council, and must be removed within three days after the conclusion of the event, or by an alternate deadline established by council.

• F. Fees for approved signs or banners on public property will be twenty dollars ($20.00) per day for up to twenty (20) signs or banners to be paid to the city clerk.

(Ord. No. 2009-19, § 1, 6-24-2009)

Private parking lot directional signage may be authorized by the city manager to be mounted on public property such as street signs, poles or other public property, subject to compliance with city specifications for sign design, size, color, location, installation, and maintenance. No commercial advertising or parking rates will be allowed on the signage. Such signage will only be allowed in the WB and GB zones. There will be an annual fee of one hundred dollars ($100.00) per year for each sign placed on public property for such purpose.

(Ord. No. 2009-19, § 1, 6-24-2009)

• A. "Accessory Use" means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall be restricted to the same lot as the principal use, and shall not be permitted without such principal use.

• B. "Accessory Building or Structure" means a building or structure that is detached from the principal structure on a lot, including, but not limited to, sheds, garages, pools, pool houses, guest rooms, raised or subterranean patios, trellises, and outdoor kitchens. An accessory building or structure shall be restricted to the same lot as the principal use, and shall not be permitted without such principal use.

(Ord. No. 2024-19, § 1, 7-24-2024)

Accessory uses, buildings, and structures are subject to the following dimensional standards:

• • A. In any residential district, accessory uses shall be those customarily incidental to uses listed as permitted, provided, however, an accessory use shall be prohibited in front yards and shall be located not less than twenty (20) feet back from any line adjoining a street.

  • B. The following Table of Dimensional Standards for Accessory Uses, Buildings, and Structures establishes the setback and height requirements of accessory buildings and structures defined in Section 17.78.010, and any other accessory use outlined in Section 17.78.030(A)—(G).

Table of Dimensional Standards for Accessory Uses, Buildings, and Structures

 

(Ord. No. 2024-19, § 1, 7-24-2024; Ord. No. 2024-31, § 1, 9-25-2024; Ord. No. 2025-26, § 1, 3-26-2025)