Browse another municipality →
City of Newport
City of Newport Zoning Ordinance
Read in full Download
§ 17.109.010

Special use permits

  • A. While this zoning code is based upon the division of the city into districts, within each of which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform, it is recognized that there are certain other uses and features that would be appropriate in such districts if controlled as to number, area, location or relation to the neighborhood so as to promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare. When provided elsewhere in this zoning code, such uses and features shall be treated as special use and shall be deemed to be permitted in their respective districts subject to the satisfaction of the requirements and standards set forth herein, in addition to other requirements of this zoning code. All such uses are declared to possess such special characteristics that each shall be considered as an individual case.

  • B. In accordance with the procedures, standards and conditions hereinafter specified, the zoning board of review may grant a special use permit for the establishment of one or more of the uses for which a special use permit must be secured from such board as required by the provisions of this zoning code. All requirements of this chapter are in addition to other requirements applicable in the district in which the special use is to be located. Prior to approval of an application for a building permit for a special use permit, approval must be given by the zoning board of review as provided in this chapter.

Nothing herein shall be construed to prevent the zoning board of review from granting a dimensional variance in conjunction with a special use permit except as it pertains to the maximum number of dwelling units allowed per lot.

  • C. Any substantial revision of an approved special use permit application and any reconstruction, enlargement, extension, moving or structural alteration of an approved special use permit or any building or structure in connection therewith shall require submission of a new special use permit application as for the original application.

  • D. The granting of a special use permit shall not empower the applicant to carry out any uses permitted as of right within the zoning district in which the property is located unless the approved special use permit has expired or cancelled or the special use has been abandoned. A new special use permit application shall be required as for the original application where an applicant desires to add to an existing special use any use permitted as of right within the zoning district in which the property is located.

  • E. Any use existing under an approved special use permit application shall not be deemed a nonconforming use.

  • F. Approval of an application for a special use permit under this section shall constitute approval conditioned upon:

    • 1. Issuance of a building permit; and

    • 2. Initiation of construction as determined by the zoning enforcement officer, of the proposed development in accordance with plans as approved within a period of one year after the approval is given, and completion of the development within a period of two years after approval is given, unless different periods of time are specified by the board as part of the approval. If a development is not commenced, as defined above, within one year after approval, the approval shall be null and void. If a development is not completed within two years after approval, the board may, after a hearing, extend the approval for one additional year for good cause.

  • G. To the extent a proposed land use is not specifically listed in Chapter 17.14 Permitted Uses, 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.

  • H. Public notice shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city which shall specify date, time, place, purpose of the hearing, and the street address of the subject property. Notice of hearing shall be sent by first class mail fourteen (14) days prior to the date of the hearing to the applicant and to all those who would require notice under Section 17.112.070. The cost of notification shall be borne by the applicant.

  • I. The zoning board of review shall require that findings of fact be entered into the record of the proceedings, and that written decisions be available.

  • J. Appeals may be made in accordance with Chapter 17.116.

(Ord. No. 2023-40, § 1, 12-13-2023)