Newport Ordinances: TITLE 17. ZONING

(As amended through Oct. 24, 2016)

Note: For another online version of the Newport Zoning Ordinance, click on this link and scroll down to Title 17. Zoning.

Table of Chapters

Chapter 17.04. GENERAL PROVISIONS

Chapter 17.70. RECREATION DISTRICT

Chapter 17.08 DEFINITIONS

Chapter 17.72. SUBSTANDARD LOTS AND NONCONFORMING USES

Chapter 17.12. DISTRICTS GENERALLY

Chapter 17.74. HISTORIC STONE WALLS

Chapter 17.16. R-3 RESIDENTIAL DISTRICT

Chapter 17.76. SIGNS

Chapter 17.20. R-10 RESIDENTIAL DISTRICT

Chapter 17.80. HISTORIC DISTRICT ZONING

Chapter 17.24. R-10A RESIDENTIAL DISTRICT

Chapter 17.82. Repealed

Chapter 17.28. R-20 RESIDENTIAL DISTRICT

Chapter 17.84. CLUSTER SUBDIVISION

Chapter 17.32. R-40 RESIDENTIAL DISTRICT

Chapter 17.86. DEMOLITION OF STRUCTURES

Chapter 17.36. R-40A RESIDENTIAL DISTRICT

Chapter 17.88. DEVELOPMENT PLAN REVIEW

Chapter 17.40. R-60 RESIDENTIAL DISTRICT

Chapter 17.90. WIND ENERGY SYSTEMS

Chapter 17.44. R-120 RESIDENTIAL DISTRICT

Chapter 17.92. CRITICAL AREA REVIEW OCEAN DRIVE DISTRICT

Chapter 17.48. R-160 RESIDENTIAL DISTRICT

Chapter 17.96. PERFORMANCE STANDARDS

Chapter 17.52. LIMITED BUSINESS DISTRICT

Chapter 17.100. DEVELOPMENT STANDARDS

Chapter 17.56. WATERFRONT BUSINESS DISTRICT

Chapter 17.104. PARKING AND LOADING STANDARDS

Chapter 17.60. GENERAL BUSINESS DISTRICT

Chapter 17.108. VARIANCES AND SPECIAL USES

Chapter 17.64. COMMERCIAL-INDUSTRIAL DISTRICT

Chapter 17.112. ADMINISTRATION

Chapter 17.68. TRADITIONAL MARITIME DISTRICT

Chapter 17.116. APPEALS

Chapter 17.69. OPEN SPACE DISTRICT

Chapter 17.120. AMENDMENTS TO ZONING CODE


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Chapter 17.04. GENERAL PROVISIONS

        Chapter Outline
       
17.04.010. Authority.
        17.04.020. Intent and purposes.
        17.04.030. Consistency with comprehensive plan required.
        17.04.040. Creation of vested rights.
        17.04.050. General requirements.

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17.04.010. Authority.

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.

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17.04.020. Intent and purposes.

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.

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17.04.030. Consistency with comprehensive plan required.

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.

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17.04.040. Creation of vested rights.

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.

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17.04.050. General requirements.

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 wastes; 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.

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 course, canopies, cornices, eaves, marquees pilasters 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, unless in the residential districts the median height of the primary structures on the abutting properties of the subject lot exceeds that height. Should this be the case, the subject structure may reach the median height of the abutting structures provided that the roof pitch of the subject structure reflects the median pitch of the abutting properties as well. 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. Schools, colleges and universities including fraternity or sorority houses or dormitories for faculty or students, and libraries may reach a maximum height of forty-five (45) feet.

E. Dwellings Units per Lot. No more than one principal residential building shall be permitted on a lot except in the case of transient guest facilities and multifamily dwellings and as otherwise provided in this zoning code.

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.

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Chapter 17.08 DEFINITIONS

        Chapter Outline
       
17.08.010. Definitions.

        Definition locater [A] [B] [C] [D] [E] [F] [G] [H] [I] [K] [L] [M] [N] [O] [P] [R] [S] [T] [U] [V] [W] [Y] [Z]
        (Note: No terms beginning with the missing letters are defined in the Ordinance.)

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17.08.010. Definitions.
    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.

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

    "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.

    "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.

Definition locater
    "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.

    "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" means the vertical distance from established grade, as prescribed by this zoning code, to the top of the highest point of the roof or structure. The distance shall exclude spires, chimneys, flag poles, and the like.

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

Definition locater
    "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, chernin 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.

    "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 10 kilowatts and not exceeding 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 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 shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to, the following:

        1. Whenever six or fewer retarded children or adults 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 mentally disabled or mentally handicapped or physically handicapped persons, as 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, as 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." 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 this ordinance. (Added by 2011-025, Sept. 14, 2011)

Definition locater
    "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 the process whereby authorized officials of the city of Newport review the site plans, maps, and other documentation of a development to determine the compliance of the stated purposes and standards of this zoning code.

    "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 ground waters, and the prevention and/or alleviation of flooding.

    Drive-in restaurant. See "restaurants."

    "Dwelling unit" means a structure or portion thereof occupied by a family 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.

Definition locater
    "Established grade." For the purpose 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. (amended by Ord. 2006-01)

    "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. (added by Ord. 2004-10)

    "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.

Definition locater
    "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. 90448) [42 U.S.C. 4011 et seq.].

Definition locater
    "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.

    "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 of rooms are defined as follows:

        1. Guest House. A building in which five or less rooms are rented to no more than ten persons on a daily, weekly, or monthly basis, with or without the furnishing of meals and with the owner or manager thereof residing on the Guest House premises. In those districts where guest houses are permitted by right, the requirement for the owner or manager to reside on the guest house premises shall not apply. (amended by Ord. 2004-43)

        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. Facilities designed primarily for occupancy on a day-to-day, or week-to week basis and dependent on external facilities to the guest unit for the furnishing of meals, including timeshare property and time-share units, as defined by Rhode Island General Laws 34-41.

        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 34-41.

    Guest House. See "guest facilities."

Definition locater
    "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, manmade 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 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. No more than five unrelated persons living together.

Definition locater
    "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.

Definition locater
    "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.

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

    "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.

    "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 (1) 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.

Definition locater
    "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.

    "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."

    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 pickup 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.

    "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.

Definition locater
    "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.

    "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.

Definition locater
    "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.

Definition locater
    "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.

Definition locater
    "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 10 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 I 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.

Definition locater
    "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.

    "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.

    "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 canceled or abandoned.

    Standard Restaurant. See "restaurants."

    "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.

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

    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" means facilities primarily for occupancy on day-to-day or week-to-week basis and dependent on external facilities to the unit for the furnishing of meals and timeshare property and timeshare units, as defined by Rhode Island General Laws 34-41, with or without internal cooking facilities.

    Travel Trailer. See "moveable dwellings."

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

Definition locater
    "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 100 kilowatts especially for sale or distribution into the power grid.

Definition locater
    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, where the applicant for the requested relief has shown, by evidence on the record, that the hardship that will be suffered by the applicant if the dimensional variance is not granted shall amount to more than a mere inconvenience. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

    "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. Definition locater
    "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 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.

Definition locater
    "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.

Definition locater
    "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 Tide 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.

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Chapter 17.12. DISTRICTS GENERALLY

        Chapter Outline
       
17.04.010. Establishment of districts.
        17.12.020. Zoning map.
        17.12.030. Interpretation of district boundaries.

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17.12.010. Establishment of districts.
For the purposes of this zoning code, the city is hereby divided into the following zoning districts:
A.    Residential Districts            Code
Residential R-3 District R-3
Residential R-10 District R-10
Residential R-10A District R-10A
Residential R-20 District R-20
Residential R-40 District R-40
Residential R-40A District R-40A
Residential R-60 District R-60
Residential R-120 District R-120
Residential R-160 District R-160
B.    Commercial Districts            Code
Limited Business District LB
Waterfront Business District WB
General Business District GB
Commercial-Industrial District CI
Traditional Maritime District TM
C. Other Districts Code
Open Space District OS
Recreational District RD

[Next section]   [Preceding section]   [Chapter Outline]
17.12.020. Zoning map.
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.

[Notes: On Feb. 8, 2006, Lot 8 of Plat 35 was changed from the R-60 to the R-20 zoning district by Ord. 2006-06. An identical amendment was passed on May 24, 2006 by Ord. 2006-025.
On Apr. 12, 2006, the following lots were changed from the R-10 to the R-20 zoning district by Ord. 2006-12: Plat 20, Lot 5.4; Plat 23, Lots 18.6, 18, 19, 161, and 28.]
On Oct. 22, 2008, Lot 240 of Plat 6 (Sheffield School property) was changed from R-10 to Limited Business, subject to a restriction prohibiting standard restaurants on the lot, by Ord. 2008-45.

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17.12.030. Interpretation of district boundaries.
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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.14. PERMITTED USES

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

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.16. R-3 RESIDENTIAL DISTRICT

        Chapter Outline
        17.16.010. Legislative intent.
        17.16.020. Use regulations
        17.16.030. Dimension requirements
        17.16.040. Setback requirements
        17.16.050. Lot coverage requirements
        17.16.060. Building height requirements
        17.16.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.16.010. Legislative intent.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.16.020. Use regulations.

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.

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

    1. Multifamily dwellings;
    2. Guest houses;
    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.

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17.16.030. Dimension requirements.

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

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

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17.16.040. Setback requirements.
The minimum setback requirements are:

A. Front line, zero feet;

B. Side line, three feet;

C. Rear line, five feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.16.050. Lot coverage requirements.
The portion of a lot to be covered by buildings shall not exceed forty-five (45) percent.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.16.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.20. R-10 RESIDENTIAL DISTRICT

        Chapter Outline
        17.20.010. Legislative intent.
        17.20.020. Use regulations
        17.20.030. Dimension requirements
        17.20.040. Setback requirements
        17.20.050. Lot coverage requirements
        17.20.060. Building height requirements
        17.20.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.20.010. Legislative intent.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.20.020. Use regulations.

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.

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

    1. Multifamily dwellings;
    2. Guest houses;
    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.

[Next section]   [Preceding section]   [Chapter Outline]
17.20.030. Dimension requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.20.040. Setbacks.

The minimum setback requirements are:

A. Front line, fifteen (15) feet.

B. Side line, ten feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.20.050. Lot coverage requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.20.060. Building height requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.20.070. Density requirements.

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 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 housing 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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.24. R-10A RESIDENTIAL DISTRICT

        Chapter Outline
        17.24.010. Legislative intent.
        17.24.020. Use regulations
        17.24.030. Dimension requirements
        17.24.040. Setback requirements
        17.24.050. Lot coverage requirements
        17.24.060. Building height requirements
        17.24.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.24.010. Legislative intent.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.24.020. Use regulations.

A. The following uses are permitted by right:

    1. Single-family dwellings;
    2. Home occupations;
    3. Churches and places of worship;
    4. Parks, playgrounds and playing fields;
    5. Community residences;
    6. Family day care homes;
    7. Municipal and public service corporation buildings and facilities; community water supply reservoirs; community well houses; water towers, water and sewage treatment facilities, water and sewage pumping stations;
    8. Accessory uses with respect to the foregoing.
    9. Residential scale wind energy system.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.24.030. Dimension requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.24.040. Setbacks.

The minimum setback requirements are:

A. Front line, fifteen (15) feet.

B. Side line, ten feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.24.050. Lot coverage requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.24.060. Building height requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.24.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.28. R-20 RESIDENTIAL DISTRICT

        Chapter Outline
        17.28.010. Legislative intent.
        17.28.020. Use regulations
        17.28.030. Dimension requirements
        17.28.040. Setback requirements
        17.28.050. Lot coverage requirements
        17.28.060. Building height requirements
        17.28.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.28.010. Legislative intent.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.28.020. Use regulations.

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.

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

    1. Multifamily dwellings;
    2. Guest houses;
    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.

[Next section]   [Preceding section]   [Chapter Outline]
17.28.030. Dimension requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.28.040. Setbacks.

The minimum setback requirements are:

A. Front line, thirty (30) feet.

B. Side line, fifteen (15) feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.28.050. Lot coverage requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.28.060. Building height requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.28.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.32. R-40 RESIDENTIAL DISTRICT

        Chapter Outline
        17.32.010. Legislative intent.
        17.32.020. Use regulations
        17.32.030. Dimension requirements
        17.32.040. Setback requirements
        17.32.050. Lot coverage requirements
        17.32.060. Building height requirements
        17.32.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.32.010. Legislative intent.

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 infilling of isolated vacant lots which will not alter the character of the area.

[Next section]   [Preceding section]   [Chapter Outline]
17.32.020. Use regulations.

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.

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

    1. Multifamily dwellings;
    2. Guest houses;
    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.

[Next section]   [Preceding section]   [Chapter Outline]
17.32.030. Dimension requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.32.040. Setbacks.

The minimum setback requirements are:

A. Front line, fifty (50) feet.

B. Side line, forty (40) feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.32.050. Lot coverage requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.32.060. Building height requirements.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.32.070. Density requirements.

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

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

C. 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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.36. R-40A RESIDENTIAL DISTRICT

        Chapter Outline
        17.36.010. Legislative intent.
        17.36.020. Use regulations
        17.36.030. Dimension requirements
        17.36.040. Setback requirements
        17.36.050. Lot coverage requirements
        17.36.060. Building height requirements
        17.36.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.36.010. Legislative intent.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.36.020. Use regulations.

A. The following uses are permitted by right:

    1. Single-family dwellings;
    2. Home occupations;
    3. Churches and places of worship; parish halls;
    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-fmily 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.

[Next section]   [Preceding section]   [Chapter Outline]
1736.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.36.040. Setbacks.

The minimum setback requirements are:

A. Front line, fifty (50) feet.

B. Side line, forty (40) feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.36.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.36.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.36.070. Density requirements.

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

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

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

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.40. R-60 RESIDENTIAL DISTRICT

        Chapter Outline
        17.40.010. Legislative intent.
        17.40.020. Use regulations
        17.40.030. Dimension requirements
        17.40.040. Setback requirements
        17.40.050. Lot coverage requirements
        17.40.060. Building height requirements
        17.40.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.40.010. Legislative intent.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.40.020. Use regulations.

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.

[Note: On Feb. 8, 2006, this subsection was amended to add "Temporary accessory uses for major recreational events" as a use permitted by right, but this provision expires on Aug. 10, 2006. Ord. 2006-07.]
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.

[Next section]   [Preceding section]   [Chapter Outline]
17.40.030. Dimensional requirements.

A. The minimum lot area shall be sixty thousand (60,000) square feet.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.40.040. Setbacks.

The minimum setback requirements are:

A. Front line, fifty (50) feet.

B. Side line, forty (40) feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.40.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.40.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.40.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.44. R-120 RESIDENTIAL DISTRICT

        Chapter Outline
        17.44.010. Legislative intent.
        17.44.020. Use regulations
        17.44.030. Dimension requirements
        17.44.040. Setback requirements
        17.44.050. Lot coverage requirements
        17.44.060. Building height requirements
        17.44.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.44.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.44.020. Use regulations.

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.

[Note: On Feb. 8, 2006, this subsection was amended to add "Temporary accessory uses for major recreational events" as a use permitted by right, but this provision expires on Aug. 10, 2006. Ord. 2006-07.]

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.44.030. Dimensional requirements.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.44.040. Setbacks.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.44.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.44.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.44.070. Density requirements.

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 conversions to a multifamily dwelling. The maximum allowable density is one dwelling unit per ten thousand (10,000) square feet of lot area.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.48. R-160 RESIDENTIAL DISTRICT

        Chapter Outline
        17.48.010. Legislative intent.
        17.48.020. Use regulations
        17.48.030. Dimension requirements
        17.48.040. Setback requirements
        17.48.050. Lot coverage requirements
        17.48.060. Building height requirements
        17.48.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.48.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.48.020. Use regulations.

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.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.48.030. Dimensional requirements.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.48.040. Setbacks.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.48.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.48.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.48.070. Density requirements.

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 conversions to a multifamily dwelling. The maximum allowable density is one dwelling unit per ten thousand (10,000) square feet of lot area.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.52. LIMITED BUSINESS DISTRICT

        Chapter Outline
        17.52.010. Legislative intent.
        17.52.020. Use regulations
        17.52.030. Dimension requirements
        17.52.040. Setback requirements
        17.52.050. Lot coverage requirements
        17.52.060. Building height requirements
        17.52.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.52.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.52.020. Use regulations.

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. 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.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.52.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.52.040. Setbacks.

The minimum setback requirements are:

A. Front line, zero (0) feet.

B. Side line, zero (0) feet.

C. Rear line, five (5) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.52.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.52.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.52.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.56. WATERFRONT BUSINESS DISTRICT

        Chapter Outline
        17.56.010. Legislative intent.
        17.56.020. Use regulations
        17.56.030. Dimension requirements
        17.56.040. Setback requirements
        17.56.050. Lot coverage requirements
        17.56.060. Building height requirements
        17.56.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.56.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.56.020. Use regulations.

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. Accessory uses with respect to the foregoing.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.56.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.56.040. Setbacks.

The minimum setback requirements are:

A. Front line, zero (0) feet.

B. Side line, five (5) feet.

C. Rear line, five (5) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.56.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.56.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.56.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.60. GENERAL BUSINESS DISTRICT

        Chapter Outline
        17.60.010. Legislative intent.
        17.60.020. Use regulations
        17.60.030. Dimension requirements
        17.60.040. Setback requirements
        17.60.050. Lot coverage requirements
        17.60.060. Building height requirements
        17.60.070. Density Requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.60.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.60.020. Use regulations.

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.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.60.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.60.040. Setbacks.

The minimum setback requirements are:

A. Front line, zero (0) feet.

B. Side line, zero (0) feet.

C. Rear line, five (5) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.60.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.60.060. Height regulations.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.60.070. Density requirements.

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.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.64. COMMERCIAL--INDUSTRIAL DISTRICT

        Chapter Outline
        17.64.010. Legislative intent.
        17.64.020. Use regulations
        17.64.030. Dimension requirements
        17.64.040. Setback requirements
        17.64.050. Lot coverage requirements
        17.64.060. Building height requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.64.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.64.020. Use regulations.

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, state and municipal buildings, excluding correctional institutions and hospitals for the mentally ill.
    14. Commercial scale energy system.
    15. Public utilities – Private electrical services.

[Next section]   [Preceding section]   [Chapter Outline]
17.64.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.64.040. Setbacks.

The minimum setback requirements are:

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

B. Side line, twenty (20) feet.

C. Rear line, twenty (20) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.64.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.64.060. Height regulations.

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

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.68. TRADITIONAL MARITIME DISTRICT

        Chapter Outline
        17.68.010. Legislative intent.
        17.68.020. Use regulations
        17.68.030. Dimension requirements
        17.68.040. Setback requirements
        17.68.050. Lot coverage requirements
        17.68.060. Building height requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.68.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.68.020. Use regulations.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.68.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.68.040. Setbacks.

The minimum setback requirements are:

A. Front line, zero feet.

B. Side line, five feet.

C. Rear line, five feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.68.050. Lot coverage.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.68.060. Height regulations.

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

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.69. OPEN SPACE DISTRICT

        Chapter Outline
        17.69.010. Legislative intent.
        17.69.020. Use regulations
        17.69.030. Dimension requirements
        17.69.040. Setback requirements
        17.69.050. Lot coverage requirements
        17.69.060. Building height requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.69.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.69.020. Use regulations.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.69.030. Dimensional requirements.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.69.040. Setbacks.

A. Front line, eighty (80) feet;

B. Side line, eighty (80) feet;

C. Rear line, eighty (80) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.69.050. Lot coverage.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.69.060. Height regulations.

No portion of any structure shall exceed twenty-five (25) feet in height, except as otherwise provided in Section 17.04.050.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.70. OPEN SPACE DISTRICT

        Chapter Outline
        17.70.010. Legislative intent.
        17.70.020. Use regulations
        17.70.030. Dimension requirements
        17.70.040. Setback requirements
        17.70.050. Lot coverage requirements
        17.70.060. Building height requirements

[Next section]   [Preceding section]   [Chapter Outline]
17.70.010. Legislative intent

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.70.020. Use regulations.

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. Accessory uses with respect to the foregoing.

[Note: On Feb. 8, 2006, this subsection was amended to add "Major recreational events" and "Temporary accessory uses for major recreational events" as uses permitted by right, but this amendment expires on Aug. 10, 2006. Ord. 2006-07.]

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.70.030. Dimensional requirements.

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.70.040. Setbacks.

A. Front line, eighty (80) feet;

B. Side line, eighty (80) feet;

C. Rear line, eighty (80) feet.

[Next section]   [Preceding section]   [Chapter Outline]
17.70.050. Lot coverage.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.70.060. Height regulations.

No portion of any structure shall exceed thirty-five (35) feet in height, except as otherwise provided in Section 17.04.050.

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Chapter 17.72. SUBSTANDARD LOTS AND NONCONFORMING USES

        Chapter Outline
        17.72.010. Substandard lots of record.
        17.72.020. Nonconforming development.
        17.72.030. Alteration to nonconforming development.

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17.72.010. Substandard lots of record.

A. Notwithstanding the provisions of section 17.72.030 C. to the contrary, a use permitted by right may be established on a single lot of record on the effective date of adoption or amendment of this 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 (1) 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.

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.

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.

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17.72.020. Nonconforming development.

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.

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17.72.030. Alteration to nonconforming development.

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. 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.

Dimensionally nonconforming - Excepting proposed decks (as defined in the Rhode Island State Building Code and regulations adopted thereby) – 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 district in which the property is located, and (2) does not increase or intensify the element(s) of the dimensional nonconformity.

A structure or land which is nonconforming by dimension, 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 with respect to its nonconforming element(s) by obtaining a Special Use Permit from the Zoning Board of Review.

D. A use established by variance or special use permit shall not acquire the rights of this section.

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Chapter 17.74. HISTORIC STONE WALLS

        Chapter Outline
        17.74.010. Intent.
        17.74.020. Definition.
        17.74.030. General provisions
        17.74.040. Violations and penalties.
        17.74.050. Construal of provisions.

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17.74.010. Intent.

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 [of the] use of their property, detract from that property's value or cause financial hardship.

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17.74.020. Definition.

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.

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17.74.030. General provisions.

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 [or] 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.

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17.74.040. Violations and penalties.

Any person violating the provisions of this chapter shall be subject to the penalties provided for in l7.l12.080.

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17.74.050. Construal of provisions.

Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of the Zoning Ordinance.

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Chapter 17.76. SIGNS

        Chapter Outline
        17.76.010. Intent.
        17.76.020. Usages.
        17.76.030. Director of the department of planning, zoning, development and inspection – Duties
        17.76.040. Permit required – Application.
        17.76.050. Permit fees.
        17.76.060. Processing applications for signs in the historic district.
        17.76.070. Nonconforming signs.
        17.76.080. Authority to enter premises and remove signs.
        17.76.090. Projections and shielding.
        17.76.100. Content.
        17.76.110. Signs permitted in all areas.
        17.76.120. Signs prohibited in all areas.
        17.76.130. Safety and maintenance.
        17.76.140. Residential signs.
        17.76.150. Business signs.
        17.76.160. Off-premises advertising.
        17.76.170. City council authorization.
        17.76.180. City Manager Approval – Signs on public Property.

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17.76.010. Intent.

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 neighborhoods, each with its own charm and character.

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.

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17.76.020. Usages.

As used in this chapter:

"A-Frame" refers to a general category of non-permanently 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.

Sign, 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, Portable. Any sign designed or intended to be readily relocated whether or not it is attached to a building, structure or on the ground. The term includes signs on wheels or on portable structures, tent signs, A-frame signs and all similar devices and any sign not secured or securely affixed to the ground or a permanent structure.

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. A sign, either portable or stationary, used to display information relating to a land use or event of limited duration and which is intended to be removed upon termination of said land use or event and as specified in Chapter 17.76.110.

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.

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17.76.030. Director of the department of planning, zoning, development and inspection--Duties.

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.

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17.76.040. Permit required--Application.

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.

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17.76.050. Permit fees.

All applications for a sign permit shall be accompanied by an application fee of $35.00 per each sign plus an additional $25.00 if Historic District review is required.

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17.76.060. Processing applications for signs in the historic district.

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.

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17.76.070. Nonconforming signs.

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.

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17.76.080. Authority to remove signs.

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 remove and disposal of the sign.

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17.76.090. Projections and shielding.

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 twelve 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.

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17.76.100. Content.

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.

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17.76.110. Signs permitted in all areas.

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.

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17.76.120. Signs prohibited in all areas.

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 non­permanently mounted ground signage with the exemption of an allowance for one temporary sign per business located in the LB, RD, TM, CI, and GB zones. Such sign shall not exceed ten (10) 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 (3) 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 o'clock 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.

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17.76.130. Safety and maintenance.

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.

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17.76.140. Residential signs.

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.

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17.76.150. Business signs.

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 free-standing signs as proscribed 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.

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17.76.160. Off-premises advertising.

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 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 (5") inches in vertical height. Only one primary name sign plate is allowed per directory sign, preferably the name of the wharf or right­of-way, and shall not exceed seven (7") 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 non-conforming 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;
    4. Thames Street and Morton Avenue, three single-pole units with illumination with lot fenced in; and

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 or "Light Emitting Diode" (LED) technology.

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17.76.170. City council authorization.

    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 referenced 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 $1,000,000 (one million) dollar coverage for personal bodily injury and $2,000,000 (two million) dollar 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 (3) days after the conclusion of the event, or by an alternate deadline established by the City Council.

    F. Fees for approved signs or banners on public property will be $20.00 per day for up to twenty (20) signs or banners to be paid to the City Clerk.

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17.76.180. City Manager Approval - Signs on public Property.

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 RB and GB zones. There will be an annual fee of $100 per year for each sign placed on public property for such purpose.

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Chapter 17.80. HISTORIC DISTRICT ZONING

        Chapter Outline
        17.80.010. Purpose.
        17.80.020. Definitions.
        17.80.030. Designation of historic districts.
        17.80.040. Historic district commission.
        17.80.050. Powers and procedures of the commission.
        17.80.060. The Newport standards for treatment of historic properties.
        17.80.070. Special considerations regarding valuable historic resources and demolition.
        17.80.080. Failure of the commission to act.
        17.80.090. Advisory role.
        17.80.100. Exceptions.
        17.80.110. Appeals.
        17.80.120. Enforcement.

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17.80.010. Purpose.

    The purpose of historic district zoning in the City of Newport is to protect our historic assets and to guide new growth in ways that enrich and maintain Newport's sense of place and authentic historic character, for now and for future generations.

    Newport has a remarkable built environment recognized as unique among American cities, including the most extensive collection of extant 17th and 18th century colonial structures in the nation; a broad array of mid-19th century resort architecture, much of it designed by the leading architects of that era; an unparalleled set of elaborate gilded age "cottage" mansions and numerous residential, commercial, military, industrial and institutional buildings reflecting the city's long maritime history. Even more significant is that this environment reflects architectural and social values over centuries of historical development unequalled by any other city in the country. Newport's architectural vitality is dependent on the context within districts including streetscapes, neighborhoods, and vistas as well as the quality and character of individual buildings that make up its districts.

    The preservation of structures of historic and architectural value and historic cemeteries, wherever located within the City of Newport, are declared to be a public purpose and the city council, by this Chapter, does hereby regulate the construction, alteration, repair, moving, and demolition of these structures within the limits of the designated historic districts of the City of Newport. It is recognized that the purpose of this Chapter is to:

1. Safeguard the heritage of the City of Newport by preserving districts in the City of Newport which reflect elements of its cultural, social, economic, political and architectural history;

2. Stabilize and improve property values in those districts;

3. Foster civic beauty;

4. Strengthen the local economy; and

5. Promote the use of the historic districts for the education, pleasure, and welfare of the citizens of the City of Newport.

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17.80.020. Definitions.

    The following terms shall have the following meanings:

    "Alteration" means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.

    "Appropriate" - see "Certificate of appropriateness".

    "Appurtenances" means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.

    "Certificate of appropriateness" means a certificate issued by the Newport historic district commission indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of structure within a historic district. Appropriate for the purpose of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.

    "Complete application" means an application for certificate of appropriateness that is deemed to contain all of the required and necessary information in order for the commission to render a decision.

    "Conceptual approval" means a preliminary and limited approval by the commission of the location, size, scale and massing of proposed new construction or major alteration.

    "Construction" means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.

    "Contributing structure" means a structure designated contributing based on application of the Newport Historic Structures Inventory Standards or one which the commission has determined to be contributing because it adds to the local district's sense of time, place, character, or historical development by location, design, setting, materials, workmanship, or association. To be so designated the structure should conform to the character of the local district as defined in that district's "nominating papers". The rationale for such designation should be explicit and provided to the homeowner upon request by the commission or designated staff. Newport's historic district is currently composed of eight unique local districts each with its own distinct character. These districts are: Bellevue Avenue, Bellevue Avenue-Casino, Fort Adams, Kay-Catherine-Old Beach, Newport National Landmark District (Easton's Point-Washington Square-Historic Hill and Harbor), Ocean Avenue, Ochre Point-Cliffs, and Rose Island. A substantially deteriorated structure may still be deemed a contributing structure.

    "Demolition" means an act or process that destroys a structure or its appurtenances in part or in whole.

    "Historic designed landscape" means a landscape that was consciously designed or laid out by a landscape architect, master gardener, architect, or horticulturist according to design principles or a gardener working in a recognized style or tradition. The landscape may be associated with significant person(s), trend, or event in landscape architecture; or illustrate an important development in the theory and practice of landscape architecture. Aesthetic values play a significant role in designed landscapes. Examples include parks, campuses, walking trails and estates. Importantly, Newport has a number of nationally significant landscapes, now exempted from review; the commission should recognize and encourage the preservation of such historic designed landscapes.

    "Historic district," is as defined in Section 17.08.010 and 17.80.030 of this zoning code. A historic district may include one or more structures.

    "Historic landscape features" means features which characterize the historic and designed character of a property's setting, including, but not limited to, decorative or retaining walls, gates, fences, statuary or other objects of art, seating or other furnishings, arbors, trellises, fountains, paths, walkways, driveways, curbing, the contour and elevations of landforms and designed grades, and under certain circumstances, trees.

    "In-kind replacement" means replacement of an architectural feature, damaged or deteriorated beyond repair, where the new feature will match the feature being replaced in dimensions, design, configuration, texture and visual appearance, and match materials as closely as possible. Replacement which differs from the existing in material, design, configuration, texture, dimensions and other visual qualities is an alteration and not an in-kind replacement.

    "Major alteration" means an alteration which significantly affects the historic, cultural, or architectural integrity, interpretability, or character of a building, structure, site or district. Generally includes the kind of work which is normally done with the aid of a professional drafter or professional quality plans.

    "Minor alteration" means an alteration which does not significantly affect the historic, cultural, or architectural integrity, interpretability, or character of a building, structure, site or district. Generally it includes the kind of work which is normally done without the aid of a professional drafter or professional quality plans.

    "Minor modification" means a revision to approved plans that is deemed to be minor in nature and not incongruous with all other approved elements of that plan.

    "New construction" means a new principal or accessory freestanding structure which does not alter character-defining historic materials.

    "Newport historic structures inventory" means an inventory of structures within the historic district, identified as contributing or noncontributing, as adopted and approved by the Newport City Council. In the absence of inclusion in a completed inventory, the designation of a structure as contributing or noncontributing will be based on application of the "Newport historic structures inventory standards."

    "Newport historic structures inventory standards" means standards defined by the City of Newport Historic Planner and adopted and approved by the Newport City Council that are used in determining if a structure located within a designated historic district is contributing or noncontributing.

    "Newport standards for the treatment of historic properties" or "Newport standards," is as defined in Section 17.80.040 of this zoning chapter.

    "Noncontributing structure" means a structure that is designated noncontributing based on application of the Newport historic structures inventory standards, or one that the commission has determined to be noncontributing because it does not add to the local district's sense of time, place, character or historical development as defined in that district's "nominating papers." Even for those structures that retain certain features which reflect the character of the district, the structure may still be considered noncontributing if it has lost its integrity due to substantial changes in location, design, setting, materials or workmanship.

    "Ordinary maintenance" means work, other than replacement, meant to remedy damage or deterioration of a structure or its appurtenances, involving no change in materials, dimensions, design, configuration, texture or visual appearance.

    "Reconstruction" means the act or process of depicting, by means of new construction, the form, features, and detailing of a documented nonsurviving site, landscape, building, structure, or portion thereof for the purpose of replicating its appearance at a specific period of time and in its historic location.

    "Removal" means a relocation of a structure on its site or to another site.

    "Repair" means a change intended to remedy damage or deterioration of a structure or its appurtenances.

    "Standards for maintenance of properties" means documented maintenance criteria as developed by the City of Newport and approved and adopted by the city council for existing properties.

    "Structure" means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

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17.80.030. Designation of historic districts.

    For the purposes of this chapter, the boundaries of historic districts are established as shown on a map entitled "Historic District Zoning Map," which map is filed in the office of the city clerk. Such map is hereby incorporated as a part of this Chapter.

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17.80.040. Historic district commission.

A. There is hereby established a historic district commission to carry out the purpose of this Chapter.

B. Membership and Appointment.

    1. The commission shall consist of seven qualified members, residents of the City of Newport, to be appointed by the mayor of the City of Newport with the consent of the city council. Members shall be appointed for three-year terms, except that the initial appointments of some of the members shall be for less than three years to the end that the initial appointments shall not reoccur at the same time. Members shall be eligible for reappointment and, upon expiration of their terms, shall continue to serve until replaced unless otherwise provided for in the ordinances of the City of Newport or its Charter.

    2. Members of the commission shall have a demonstrated interest in historic preservation. Duly organized and existing preservation societies may present to the mayor lists of qualified citizens to be considered for appointment.

    3. The mayor of the City of Newport shall have the right, with the consent of the council, to name two auxiliary members to the commission in addition to the regular members. An auxiliary member shall sit as an active member, upon the request of the chairman of the commission, when and if a regular member of the commission is unable to serve at any meeting of the commission.

    4. In the event of a vacancy on the commission, the mayor shall promptly make an interim appointment, with the consent of the city council, for the remainder of the unexpired term. Vacancies on the commission shall be filled within ninety (90) days.

    5. Members of the commission shall serve without compensation.

C. Organization of the Commission.

    1. The commission shall organize annually and, by election, shall select from its membership a chairman, vice-chairman and a secretary.

    2. The commission shall:

        a. Adopt and publish all rules, regulations and procedures necessary to carry out its functions under the provisions of this chapter; and

        b. Adopt and publish standards which shall be in harmony with the Newport standards for the treatment of historic properties to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may, from time to time, amend these standards as reasonably necessary, and it shall publish all such amendments. Such amendments shall be in harmony with the Newport standards for the treatment of historic properties.

        c. The commission may delegate to the director of planning, zoning, development and inspections for the City of Newport, or his/her designee, authority to issue a certificate of appropriateness for: (1) Minor alterations; (2) Major alterations to noncontributing structures; and (3) In-kind replacement. The commission may also authorize said department or officer to approve [1] extensions to already approved certificates of appropriateness; [2] minor modifications to plans previously approved by the commission; [3] waiver of application fees for demonstrated financial hardship; and [4] such other alterations and administrative matters that it may delegate to said department or officer pursuant to Chapter 24.1 of Title 45, General Laws of Rhode Island 1956, as amended. However, at no time may said department or officer deny a certificate of appropriateness but shall refer such action to the commission for consideration and decision.

    3. Conduct of Business.

        a. The chairman shall preside over all commission meetings and shall have the right to vote.

        b. The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.

        c. All meetings of the commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.

        d. The commission shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view in the department of planning, zoning, development and inspections.

        e. The commission shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law. Notice of the commission meetings shall appear in a newspaper of general circulation in the city seven days prior to such meetings.

        f. Five members shall constitute a quorum and the concurring vote of a majority, but not less than four members present shall be necessary for the approval of any plans before the commission for review, certificate of appropriateness and for establishing or amending commission rules, regulations, procedures and standards.

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17.80.050. Powers and procedures of the commission.

A. Certificate of Appropriateness Required.

    1. Before a property owner may commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated historic district, or affecting an historic cemetery located in the City of Newport, the owner must apply for and receive a certificate of appropriateness from the commission approving such construction, alteration, repair, removal or demolition.

    2. In applying for a certificate of appropriateness, a property owner must comply with the application procedures as established by the commission pursuant to Chapter 45-24.1 of the General Laws, as amended, and the provisions of this Chapter.

    3. A certificate of appropriateness is necessary whether or not state law requires a permit from the building official. The building official shall not issue a building permit until the commission has granted a certificate of appropriateness.

B. Application for Certificate of Appropriateness.

    1. Applications for certificates of appropriateness shall be filed with the office of planning, zoning, development and inspections. The director or his/her designee shall determine if such application is complete and shall forward complete applications, together with all maps, plans, and other data to the commission. Incomplete applications shall be returned to the applicant within seven working days of receipt by the department of planning, zoning, development and inspections.

    2. The commission shall require the applicant to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition including but not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the commission and set forth in the commission's rules and regulations adopted pursuant to this Chapter, which information may be submitted in digital format acceptable to the commission.

    3. In the case of a historic cemetery, the owners must comply with all provisions of law and make suitable and appropriate provisions for the reinternment of any human remains in an established cemetery. Original or existing headstones and markers shall be preserved and installed at the site of the reinternment.

C. The Commission's Review of Applications for Certificate of Appropriateness.

    1. In deciding whether to issue a certificate of appropriateness, and in making the determination that the proposed alteration is not incongruous with those aspects of the structure, appurtenances, or the district that the commission has determined to be historically or architecturally significant, the commission shall give consideration to:

        a. The historic and architectural significance of the structure and its appurtenances;

        b. The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district; and

        c. The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans.

    The commission shall also apply the Newport standards for treatment of historic properties (the Newport standards). The Newport standards, adapted from the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended, are basic principles to be applied in a reasonable manner to preserve historic districts and structures, while allowing for reasonable change, architectural variety, innovation and imagination. The Newport standards are intended to insure that properties in Newport's historic districts are not altered improperly. The goal is to set up clear rules that everyone will understand.

    2. In conducting its review, the commission shall apply the Newport standards and shall also take into account the relative architectural and historic significance of structures: the integrity and condition of historic fabric; the reasonableness of the proposed alteration; and the practical realities of alternatives that minimize harm to the historic district.

    3. The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements. Doors, window sash and frames covered by storm doors or windows shall be considered exterior features.

    4. The commission may give conceptual approval for proposed new construction or major alterations. Conceptual approval does not assure that the commission will issue a certificate of appropriateness. Final approval is contingent upon acceptance of all stylistic and historic details including, but not limited to, window choice, siding choice, trim choice and materials.

    5. Decisions of the commission. All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and basis of each decision on a record and in the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. In addition, the commission may, upon request of the applicant, include an outline of reasonable alternatives, methods, materials or other conditions under which the activity would likely be approved. The commission shall send a copy of the written decision to the applicant.

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17.80.060. The Newport standards for treatment of historic properties.

The Newport standards for treatment of historic properties are:

A. For Contributing Structures. The commission shall apply the following standard of review to contributing structures:

    1. Retain Historic Character. Retain and preserve the historic character of a contributing structure. The removal of historic materials or alteration of features and spaces that characterize a contributing structure should not be undertaken.

    2. Avoid Conjecture. The buildings of Newport are a physical record of their time, place and use. Avoid changes that create a false sense of historical development, such as adding a conjectural feature or architectural elements from other buildings.

    3. Maintain Significant Alterations. Retain and preserve changes to a contributing structure that have acquired historic significance in their own right.

    4. Preserve Character, Defining Features and Workmanship. Preserve distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a contributing structure.

    5. Repair before Replacement. The historic materials out of which contributing structures buildings are constructed are significant and once lost, they cannot be recovered. Every effort should be made to repair rather than replace deteriorated historic fabric and features. When the severity of deterioration requires replacement of features or fabric, the replacement should match the old in materials, dimensions, design, configuration, texture and visual appearance.

    6. Avoid Damaging Treatments. Do not use chemical or physical treatments, such as sandblasting, that cause damage to historic materials.

    7. Minimize Harm from Alterations. Undertake exterior alterations, including new additions, in such a manner that minimizes harm to historic materials and that if removed will not change the essential form and integrity of a contributing structure. Make proposed additions or exterior alterations to a contributing structure compatible with the existing materials, features, size, visual relationships and massing to protect the integrity and scale of the original historic structure or site. Make new alterations or additions clearly discernible from the old. The differentiations may or may not be stylistic, and may be as subtle as a change in footprint or material.

B. For Noncontributing Structures and Existing Walls, Gates, Gateposts and Fences Made Subject to Review by Section 17.80.100(6) of this Chapter. The commission shall apply the following standard of review to noncontributing structures:

    1. Compatibility. The alteration of a noncontributing structure or existing walls, gates, gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this Chapter shall be generally of such size, scale, siting, massing, setback, materials, and detail as will be compatible with other structures in the surrounding historic district.

    2. Preserving Character Defining Features. The commission may encourage but shall not require owners to preserve distinctive features, finishes, construction techniques or examples of craftsmanship that are present in a noncontributing structure or existing walls, gates, gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this Chapter which add to the character of the surrounding district.

C. For New Construction, Reconstruction and New Walls, Gates, Gateposts and Fences Made Subject to Review Pursuant to Section 17.80.100(6) of this Chapter. The commission shall apply the following standard of review to new construction or reconstruction:

    1. Compatibility. New construction, reconstruction and new walls, gates, gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this Chapter shall be compatible with the surrounding historic area in terms of size, scale, siting, massing, setback, materials and details.

    2. Architectural Quality. New construction, reconstruction and new walls, gates, gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this Chapter should be of thoughtful and considered architectural design.

    3. Appearance. New construction, reconstruction and new walls, gates, gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this Chapter may clearly read as such and need not present a false historic appearance.

D. For Demolition:

    1. Demolition shall be deemed by the commission to be a major alteration.

    2. The commission shall not approve the demolition of contributing historic structures that retain integrity of condition. If a request for demolition is based on structural instability or advanced deterioration, a technical report prepared by a professional engineer or architect that details the nature and extent of specific problems shall be submitted. A standard condition of approval for demolition of a contributing historic structure shall be the documentation of the existing building's elevations, including details and architectural features.

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17.80.070. Special considerations regarding valuable historic resources and demolition.

A. In the case of an application for construction, repair, or alteration, removal, or demolition affecting the exterior appearance of a structure or its appurtenances, which the commission deems so valuable to the city, state or nation that the loss thereof will be a great loss to the city, state or nation, the commission shall endeavor to work out with the applicant an economically feasible plan for the preservation of such structure.

B. Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the applicant, including the sale of the structure to any purchaser willing to preserve such structure or unless the commission votes to issue a certificate of appropriateness for the proposed construction, alteration, repair, removal, or demolition, the commission shall file with the building official its rejection of such application.

C. In the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.

D. In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the building official its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the proceeding paragraphs are in existence, or if:

    1. Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

    2. Preservation of such structure would cause undue or unreasonable financial hardship to the applicant, taking into account the financial resources available to the applicant including sale of the structure to any purchaser willing to preserve such structure; or

    3. Preservation of such structure would not be in the interest of the majority of the community.

E. When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the applicant in identifying and evaluating alternatives to demolition, including sale of the structure and its present site. In addition to any other criteria, the commission also shall consider whether there is a reasonable likelihood that some person or group other than the applicant is willing to purchase, move and preserve such structure and whether the applicant has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

F. Demolition Through Owner Neglect. The city council, in consultation with the historic district commission, may identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The City of Newport shall publish standards for maintenance of properties within the historic district. Upon the petition of the historic district commission that the historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than thirty (30) days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council's orders, the council may cause the required repairs to be made at the expense of the city and cause a lien to be placed against the property for repayments.

G. No less than fifteen (15) days after receiving an application to demolish or to remove an historic cemetery, the commission shall forward the application to the commission to study historic cemeteries. The commission shall also immediately forward to the commission to study historic cemeteries its finding of fact, if any, together with its action on the application.

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17.80.080. Failure of the commission to act.

    The commission shall file with the building official its certificate of appropriateness or rejection of all plans submitted to it for review. No work shall begin until the certificate has been filed but, in the case of rejection, such decision is binding upon the building official and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission is deemed to constitute approval. In the event, however, that the historic district commission makes a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the period of forty-five (45) days, then the commission has a period of up to ninety (90) days within which to act upon the application.

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17.80.090. Advisory role.

    In order to assist the city, its agencies, boards, commissions, staff, mayor and council on matters of historic preservation, the commission shall provide its expertise and advice, as appropriate, at the request of any of said agencies, boards, commissions, staff or elected officials.

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17.80.100. Exceptions.

    Nothing in this chapter shall be construed to prevent painting or ordinary maintenance and repair of any structure or appurtenance within a historic district, provided that such painting or ordinary maintenance and repair does not result in any change of design, type of material, or appearance of the structure or appurtenance; nor shall anything in this chapter be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the building official prior to the passage of this Chapter. The following are actions or items which are exempt from commission review:

    1. Paint colors, surface preparation or paint composition;

    2. Decorating – holiday or other;

    3. Landscaping, including shrubs, trees, flowers, window flower boxes, and other plantings, exterior lighting, flags and flagpoles, lawn furniture, park benches and birdbaths;

    4. Window air conditioning units;

    5. Ground-mounted air conditioning units generators (one hundred (100) amps or less), if not visible from any public way, in compliance with zoning setback requirements, and if screened by fencing or shrubbery;

    6. Fences, gates, gateposts and walls, except historic stone walls as provided for in Chapter 17.74.

    7. Historic designed landscapes;

    8. All ordinary maintenance and repair of any existing exterior features of a structure or appurtenance that does not result in any change of design, type of material, or appearance of the structure or appurtenance;

    9. Temporary structures or signs that are temporary and whose duration will not exceed any guidelines established by the commission;

    10. Storm windows and storm doors;

    11. Paving, patios and driveways;

    12. The reconstruction in the same design of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year and is continued to completion without substantial interruption and provided that sufficient and reliable evidence exists, such as from detailed as-built drawings or reasonable photo documentation, of the exterior features of the building, structure or architectural feature prior to the casualty causing the damage or destruction.

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17.80.110. Appeals.

    An aggrieved party with respect to a decision of the historic district commission shall have the right to appeal such decision to the zoning board of review. When hearing appeals from the commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and the record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record. The zoning board of review shall articulate and explain the reasons and basis of each decision of the record and the zoning board of review shall send a copy of the decision to the aggrieved party, to the historic district commission, and to all parties entering an appearance. An aggrieved party may appeal the decision of the zoning board of review on a matter appealed under this chapter to the superior court of Newport County.

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17.80.120. Enforcement.

    Where there is a violation of any of the provisions of this chapter or of any section taken thereunder, the zoning officer or building official may institute an appropriate action to prevent, enjoin, abate or remove such violation. The zoning officer may bring an action against any property owner who fails to comply with the requirements of the chapter. Such actions shall be brought in the municipal court or other court of competent jurisdiction. The City of Newport may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this Chapter.

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Chapter 17.82. Repealed

    Note: This chapter, which regulated sidewalk cafes, was repealed on August 26, 2015, by Ordinance 2015-21, and was replaced a new chapter, Chap. 5.98, in the Newport Code of Ordinances.

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Chapter 17.84. CLUSTER SUBDIVISION

        Chapter Outline
        17.84.010. Legislative intent.
        17.84.020. Conditions of approval.

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17.84.010. Legislative intent.

It is the intent of this section to provide for cluster subdivisions by permitting a reduction in the minimum lot size normally required in the R-120 and R-160 districts. The purpose of this development option is to promote the health and general welfare of the community by encouraging the preservation of environmental amenities, as well as the provision of more efficient use of land and facilities. Open space will be retained through the lot size reductions without density variation. In addition to this section all cluster subdivisions shall be subject to the subdivision regulations of the city.

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17.84.020. Conditions of approval.

A. With the approval of the planning board any land located entirely within the R- 120 and/or R-160 district may be developed as a cluster subdivision subject to the following conditions:

    1. The tract to be considered shall consist of a single parcel or a number of contiguous parcels under one ownership or control, having a total area of not less than four hundred thousand (400,000) square feet. The maximum allowable density shall be in accordance with the density requirements of the applicable zoning district.

    2. All building lots shall satisfy the following minimum requirements with regard to area, width, frontage, setbacks, height and coverage.

Minimum lot area 30,000 square feet
Minimum lot width at building line 150 feet
Minimum lot frontage 40 feet
Minimum setback from front line 40 feet
Minimum setback from side line 30 feet
Minimum setback from rear line 20 feet
Maximum height of structure 35 feet
Maximum lot coverage 20%
Maximum setback from outside perimeter of subdivision 20 feet

    3. No lot shall front on a street or road existing at the time of the application. (In addition, no lot shall be utilized for more than one dwelling, irrespective of other provisions of this zoning code.)

    4. Land not allocated to building lots and streets shall be permanently maintained as open space. The open space area shall be equal to the cumulative difference between each lot size created and the minimum lot size required by the applicable zoning district, but in no case shall be less than thirty (30) percent of the total tract acreage be designated as open space. Additionally, at least fifty (50) percent of this open space must be developable land and not wetlands, floodplain, banks, cliffs, etc.

    5. No open space shall be used except in its natural state. The only permitted uses of such open spaces are unpaved walkways and paths. Land set aside shall be in a condition and configuration so as to be usable as open space.

    6. A ten percent increase in the total number of allowable dwelling units shall be permitted if the area containing the proposed cluster subdivision is adequately served by public water. A twenty (20) percent increase in the total number of allowable dwelling units shall be permitted if the area containing the proposed cluster subdivision is adequately served by public water and sewer. The total number of dwelling units for calculating the allowable increases shall be determined by the underlying zone requirements pertaining to the area of the proposed subdivision including applicable state and federal restrictions regarding wetlands, floodplains, etc.

B. Ownership of the open space within a cluster subdivision shall be vested in a legally viable entity which shall be responsible for the use and maintenance of the open space. Documents specifying the form of ownership shall be submitted to the planning board along with the application for approval. The planning board shall have the right to approve, reject or recommend modifications to the proposed form of ownership if, in its opinion, the proposed form of ownership does not adequately provide for controls over use and maintenance or if the creation of open space is not consistent with the objectives of the comprehensive plan.

Open land provided by a cluster development for public or common use, shall either be conveyed to the city and accepted by it for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shill pass with conveyances of the lots or units. In any case where the land is not conveyed to the city, a restriction enforceable by the city shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway.

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Chapter 17.86. DEMOLITION OF STRUCTURES

        Chapter Outline
        17.86.010. Intent.
        17.86.020. Permit required.
        17.86.030. Historic district.
        17.86.040. Application.
        17.86.050. Hazardous structures.
        17.86.060. Procedures for demolition permit approval.
        17.86.070. Review standards, required findings.
        17.86.080. Fees.
        17.86.090. Penalty for violation of chapter.
        17.86.100. Severability.
        17.86.110. Abrogation and greater restriction.

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17.86.010. Intent.

    The City of Newport is committed to preserving the historically and culturally significant built environment and neighborhood architectural identities. The demolition of structures in an historic and culturally significant city may damage the physical fabric and architectural context of the community Therefore, a demolition permit is required prior to the demolition of any principal structure beyond the established border of the local historic district.

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17.86.020. Permit required.

    Prior to the issuance of a demolition permit for any principal structure, the planning board must approve any demolition of a principal structure. However, nothing contained within this chapter shall limit the authority of the building official to order a structure demolished in a life- or health-threatening emergency situation, or as may be otherwise authorized by state statute or other city ordinance.

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17.86.030. Historic district.

    Demolition of structures in established local historic district requires a certificate of appropriateness from the historic district commission and is exempt from this chapter.

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17.86.040. Application.
    Principal Structure. In order to obtain a demolition permit for the demolition of any principal structure, a permit application must be completed and accepted by the department of inspections. The completed demolition permit application must include the following information:

A. Demolition permit application and non-refundable fee;

B. Demolition staging plan;

C. Site plan identifying all existing structures and all trees of diameter eighteen (18) inches or greater;

D. Plans and elevations for the proposed reuse of the property;

E. Stormwater management plans and specifications made in conformance with the requirements of the city's stormwater management ordinance; and

F. Site restoration plans and specifications (only applicable if commencement of construction of a new structure is not planned within sixty (60) days after completed demolition.

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17.86.050. Hazardous structures.

    Structures, as deemed imminently hazardous by the building official, may be ordered demolished, repaired, or removed and remain the sole purview of the building official, as outlined within the City of Newport Codified Ordinances, Chapter 15.12, Housing Code.

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17.86.060. Procedures for demolition permit approval.

    A. Notification of the abutting property owners within a 200-foot radius of the subject property is required no less than fourteen (14) days prior to the hearing date of a demolition permit application for a principal structure.

    B. Other Applications. The demolition permit application may be processed simultaneously as part of a subdivision, variance, or special use permit application.

    C. Precedence of Approvals. When a demolition permit application includes other board approval, an applicant will first seek conditional approval for demolition from the planning board.

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17.86.070. Review standards, required findings.

    A. General Standards for Findings of Fact. The planning board will review all building demolition permit applications in accordance with this chapter and the ordinances of the city, together with the following standards:

        1. The granting of a permit is not detrimental to the public health, safety, and general welfare of the community.

        2. The proposed demolition of the structure is consistent with the goals and policies of the Comprehensive Land Use Plan.

        3. The proposed demolition does not create land with constraints to development.

        4. The proposed demolition does no harm to the character of the immediate neighborhood or area of the city.

Prior to the issuance of a demolition permit, a conference is recommended between the building official and the demolition contractor to review the requirements and conditions for demolition.

The planning board and building official may impose such conditions and restrictions upon the issuance of the demolition permit as may be necessary to achieve conformance to the requirement findings.

    B. If a demolition permit application is approved by the planning board and building official, any demolition that takes place shall be done in accordance with the provisions of the building code in force at the time, the requirements of the codified ordinances, and any additional requirements or conditions of the planning board. The applicant shall also be required to submit to the city proof of disconnection of utilities prior to commencing demolition of the building.

    C. Demolition permit applications are conditioned upon approval of any state-mandated requirements in place at the time of the completed applications.

    D. Particulate Control. At all times, airborne particles shall be controlled at all demolition sites.

    E. Safety Fencing. Fencing shall be installed around the entire perimeter of any excavated area greater than 24-inches below grade in depth.

    F. Restoration. If construction of a new development has not commenced within sixty (60) days of demolition, the property must be restored to a safe condition.

    G. Noise. Upon the issuance of a demolition permit by the building official, demolition activity shall only take place Monday through Friday, 8:00 a.m. to 5:00 p.m.

    H. A brightly colored placard certifying approval from the building official shall be provided by the city and posted in a conspicuous location, on-site, by the permit holder or property owner.

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17.86.080. Fees.

    A non-refundable fee, in accordance with the City of Newport Codified Ordinances Chapter 2.120, General Fee Schedule, must be submitted with the building demolition permit application and is required for a building demolition permit. Permit fees, as required by other codes and ordinances of the city, may also be required.

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17.86.090. Penalty for violation of chapter.

    If any structure is demolished without complying with this chapter:

        1. The owner of the subject property, demolition permit applicant, and any other person or entity participating in any demolition activities on the subject property, shall each be subject to a separate fine of not less than prescribed by law, a minimum five hundred dollars ($500.00) per day for each separate violation thereof. A separate violation shall be deemed committed for each day during or on which a violation or noncompliance occurs; and

        2. until the owner of the subject property pays any and all fines for violations of the provisions of this chapter, no building permits shall be issued for the construction of any improvements on the subject property and any active permits shall be suspended.

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17.86.100. Severability.

    If any section, provision, or portion of this chapter is adjudged unconstitutional or rendered invalid by a court, the remainder of the chapter shall remain valid.

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17.86.110. Abrogation and greater restriction.

    This chapter shall not in any way impair or remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this chapter imposes a greater restriction, the provisions of this chapter shall control.

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Chapter 17.88. DEVELOPMENT PLAN REVIEW

        Chapter Outline
        17.88.010. Intent.
        17.88.020. Uses requiring development plan review.
        17.88.030. Development plan contents.
        17.88.040. Required site improvements.
        17.88.050. Development plan preparation.
        17.88.060. Filing procedures and processing.
        17.88.070. Development plan review prerequisite for building permit.
        17.88.080. Construction in accordance with development plan.
        17.88.090. Performance requirement.
        17.88.100. Revisions.
        17.88.110. Appeals.

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17.88.010. Intent.

    The purpose of this chapter is to assure the orderly development of those commercial and multifamily dwelling uses which either by their nature or scale and intensity of use significantly impact upon the city's public services and facilities. More specifically, the intent is to minimize traffic hazards and congestion; to provide a more healthful and aesthetically pleasing environment; to guarantee the adequate provision of water, sewerage, police, fire and other public services, and to promote the overall public health, safety, and general welfare of the community and its citizens. The development plan review (DPR) procedure, previously known as site plan review, shall not be used to deny an applicant a permitted use of the property as established by the zoning code. The director of the department of planning, zoning, development and inspections, or his designee, shall serve as the coordinator and review agent for development plan review.

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17.88.020. Uses requiring development plan review.

The provisions of this chapter shall be applicable to the following:

    A. Transient guest facilities.

    B. Any multifamily dwelling use of six units or greater.

    C. Any commercial use of ten thousand (10,000) gross square footage or greater.

    D. Any individual restaurant of four thousand (4,000) gross square footage or greater.

    E. Any professional or medical office of ten thousand (10,000) gross square footage or greater or combination of professional or medical office in conjunction with other commercial uses such that the total gross square footage is ten thousand (10,000) or greater.

    F. Hospitals, convalescent and rest homes; schools, colleges and universities, including dormitories; museums; libraries; churches; alcohol research and rehabilitation facilities.

    G. Parking areas for more than ten automobiles.

    H. Vacation guest facilities.

    I. Guest houses.

    J. Public utilities — Private electrical services.

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17.88.030. Development plan contents.

Development plan required in accordance with this chapter shall contain the following minimum information:

    A. Proposed name of the development.

    B. Name and address of the owners and developers of the property.

    C. Tax assessor's plat and lot number.

    D. Boundaries of the entire property with lot area and dimensions indicated.

    E. Date, scale, north arrow, phasing, and number of sheets.

        1. Scale shall be one inch equals fifty (50) feet or larger.

        2. If the project is to be constructed in phases, this should be clearly indicated.

        3. When more than one sheet is required, a cover sheet drawn to suitable scales shall show the entire site and indicate match lines for each page of the plan.

    F. A vicinity map which indicates the location of the site in relation to the immediate surrounding area or the entire city.

    G. Name, address, seal and signature of the professional preparing the plan.

    H. Existing and proposed topography at a suitable contour interval.

    I. All existing or proposed easements and rights-of-way.

    J. Location and square footage of buildings proposed, and breakdown by square footage of intended uses or number of units.

    K. Layout of proposed parking area, including arrangement and dimensions of parking spaces and drive aisles as well as existing and proposed points of ingress/egress.

    L. Existing and proposed sewers, watermains, culverts and other underground facilities, indicating pipe sizes, grades, manholes and location, both onsite and offsite.

    M. Existing and proposed drainage system.

    N. Location and type of lighting.

    O. Location and dimensions of pedestrian entrances, exits, and walkways.

    P. Location of any proposed freestanding signs.

    Q. Identification of proposed dumpster pad.

    R. Identification of any wetland located on the site and flood hazard information, if applicable.

    S. A landscape plan of existing and proposed trees, shrubs, and other vegetation prepared by a certified landscape architect.

    T. Storm Water Management Plan. The principal emphasis of a storm water management plan shall be the reduction of land disturbance and impervious surfaces, preservation of vegetative buffers, and the use of proven best management practices to reduce runoff volumes and improve water quality. The preparation of the storm water management plan and the design of the drainage system shall be completed and approved by a professional engineer registered in the State of Rhode Island. Stormwater Management Plans shall conform to the current edition of the Rhode Island Department of Environmental Managements "Rhode Island Stormwater Design & Installation Standards Manual." Stormwater Management Plans for Development Plan Review shall at a minimum include the following standards:

        a. Reduce the generation of the stormwater discharge rate and water quality volume to the fullest extent possible using non-structural management designs.

        b. Treat all stormwater runoff generated from the site prior to discharge. Systems must be designed to remove 100% of total suspended solids that are 70 microns in diameter and larger from the water quality volume while protecting groundwater quality.

        c. Conveyance systems must be designed to provide adequate passage for flows leading to, from, and through stormwater management facilities based on the 10-year, 24-hour storm.

        d. Downstream overbank flood protection must be provided by controlling the post development peak discharge rate to the predevelopment rate for the 25-year, 24-hour return frequency storm event. Peak flow attenuation of the 2-year, 24-hour storm must also be provided.

        e. Extreme flood protection must be provided by controlling and safely conveying the 100-year, 24hour return frequency storm event. Floodplain areas must be preserved whenever possible.

        f. Perform a downstream hydrologic analysis to assure that peak flows from the site are fully attenuated during a 2, 25, and 100 year storm event.

        g. Stormwater discharge must be recharged to maintain groundwater baseflow at pre-development levels to the greatest extent possible.

        h. The proposed plan for the stormwater management system, including all structural stormwater controls and conveyances, must have an operation and maintenance plan to ensure that it continues to function as designed.

        i. Erosion and sedimentation control practices must be utilized during the construction phase as well as during any land disturbing activities.

        j. To the maximum extent practicable, development projects must implement pollutant prevention practices and have a stormwater pollution prevention plan.

        k. All Development Plan proposals must include a stormwater management plan for review.

        l. Direct or indirect connections to the municipal sanitary sewer system consisting of stormwater from roof drain spouts, foundation drains, area drains, sump pumps, or other sources of stormwater shall be strictly prohibited.

        m. Direct connections to the municipal separate storm sewer systems included as part of a stormwater management plan for development or redevelopment are prohibited, unless approved by the Director of Utilities due to demonstrated extenuating circumstances.

        n. To the maximum extent possible storm water design shall utilize modern nonstructural low impact design practices and techniques.

    U. Any additional information deemed necessary by city staff in order to satisfactorily complete review as it pertains to a particular required improvement or other aspect of the proposed development plan. This may include information such as projected average daily water consumption for potable and nonpotable purposes; projected average daily wastewater flow; frequency and duration of peak usage of water and sewer facilities; effluent characteristics; water pressure; existing roadway capacity and traffic counts; projected average daily vehicle trips and peak hour trips generated.

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17.88.040. Required site improvements.

    Improvements of the following type may be required by the city during the course of development plan review. All such required improvements are to be constructed in accordance with the accepted standards and specifications of the city.

    A. Right-of-way improvements to include pavement widening, curb, gutter, sidewalks and street lights.

    B. Adequate sewage collection and disposal facilities including the provision of manholes or the construction of upgrading of pump stations.

[Note: "construction of upgrading" should probably be "construction or upgrading."]
    C. An adequate water supply and distribution system for both fire protection, (including hydrants) and potable purposes.

    D. Improvements to traffic flow and circulation, to include turn and by-pass lanes, signalization, pavement markings, and other traffic control measures.

    E. Drainage improvements for the disposition of storm or natural waters so as not to have a detrimental effect on the property of others or the public right-of-way.

    F. Plantings, trees, shrubs, and vegetation, as well as screening, fences, walls or berms where required by other sections of this zoning code, to provided privacy, protect public safety, and afford aesthetics.

    G. Driveways and entrances to streets for both pedestrian and vehicular access.

    H. Temporary or permanent erosion and sediment control measures.

    I. Easements for the purpose of adequate ingress/egress or the provision of public utilities such as water and sewer.

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

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17.88.050. Development plan preparation.

    Development plans may be prepared by the property owner or his agent. The review agent, after consultation with other appropriate city staff when necessary, shall make the final determination as to the adequacy of each development plan submitted for the purposes of this chapter. A development plan will not be officially accepted for processing until evaluated and determined to be acceptable. Development plan which fails to satisfactorily provide the necessary minimum information described in Section 17.88.040 shall be declared unacceptable. In such instances, the applicant will be notified in writing by the review agent within five working days as to the reasons for the unsuitability of the proposed development plan. If rejected, it shall be necessary for the development plan to be prepared by a professional architect, landscape architect, engineer or surveyor licensed in the state of Rhode Island. However, any portion of the development plan that requires engineering or surveying work shall be prepared by a registered engineer or surveyor.

    Prior to submittal of the development plan, the applicant shall attend one or more pre-application conferences with the development plan review committee. The request for a pre-application conference shall be initiated by the applicant through the reviewing agent.

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17.88.060. Filing procedures and processing.

    A. Six copies of a proposed development plan are to be submitted to the review agent for processing. At the time the development plan is submitted to the city for review, a fee of twenty-five ($25.00) dollars shall be paid to the city. After the development plan, related materials and fee have been submitted, it shall be processed and reviewed by the review agent in consultation with the director of public services, director of utilities, engineering division, police chief, fire chief, tree and grounds supervisor, or their designated representatives, for conformity to this zoning code and other applicable ordinances or regulations. A development which requires any action by the zoning board of review must have received such approval prior to the submission of a development plan. The review agent shall refuse to accept any development plan for which needed zoning board of review approval has not yet been received. In those instances where new construction is not involved, but alterations or additions to existing uses of land or buildings are proposed, after consideration of the nature and extent of the proposed alterations or additions, the review agent shall make the final determination as to the necessity for development plan review. The review agent has the discretion to review the landscape plan with an independent certified architect, whose fee shall be paid by the applicant.

    B. The review agent shall act upon the development plan and related material as submitted by the developer, or as modified by the development review process within fifteen (15) working days of its submittal.

    C. Development plans shall be approved, approved with stipulations, or rejected. If rejected, the reasons for such action shall be indicated. One copy of the plan shall be returned to the applicant. Insufficient information to adequately review any plan within the allotted time period shall be grounds for rejection.

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17.88.070. Development plan review prerequisite for building permit.

    No building permit shall be issued to construct, erect or alter any building or structure, or develop, change, or improve land for which a development plan is required, except in accordance with the approved development plan. The approved development plan and any applicable stipulations shall become part of the application for a building permit and shall be binding on any building permit issued.

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17.88.080. Construction in accordance with development plan.

    It shall be unlawful for any person to construct, erect or alter any building or structure, or develop, change or improve land for which a development plan is required, except in accordance with the approved development plan. The city may restrain any unlawful act hereunder by a stop work order, and by appropriate court action.

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17.88.090. Performance requirement.

    A. A certificate of occupancy shall not be issued until all requirements of the development plan are met and approved by the review agent or his designee.

    B. Where required improvements are of a public nature that are to be subsequently accepted for dedication, maintenance, or operation by the city, and their installation has not been made, in whole or in part, the city may issue a certificate of occupancy provided the applicant furnishes the city a certified check, bond, letter of credit, or other acceptable form of surety satisfactory to the city solicitor. The surety is to be held by the finance director. Estimated construction costs shall be in accordance with the approved development plan and the amount thereof, subject to the approval of the city engineer or other affected official.

    C. Performance bonds or other sureties established in subsection B of this section shall be released when the city engineer or other affected city official certifies that the requirements set forth have been met.

    D. Where any improvement is to be accepted for dedication, maintenance, or operation by the city, the applicant may be required to provide a certified check, bond, letter of credit, or other acceptable form of surety in the amount of ten percent of the total costs of the improvements involved to cover the costs of any defects which may occur in such improvements within two years after the date of acceptance by the city. The director of public works or utilities director shall be responsible for determining when such surety shall by required.

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17.88.100. Revisions.

    Development plan may be revised or modified provided it is done in accordance with the provisions and procedures of this zoning code in the same manner as originally approved. Any substantial modification or revision to a development plan will require re-submittal as for a new plan. Approval of the development plan shall become null and void unless the use of the land has commenced or a building permit issued within one hundred eighty (180) days from the date of approval. Upon the request of the applicant, approval of the development plan may be revalidated for one additional ninety (90) day period if all factors of the original development plan review are the same and the applicant requests revalidation prior to the expiration of the original approval period. A determination as to what constitutes a substantial modification or revision is to be made by the review agent.

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17.88.110. Appeals.

    An aggrieved party with respect to a decision of the reviewing agent shall have the right to appeal such decision to the zoning board of review . The zoning board of review shall articulate and explain the reasons and basis of each decision. The zoning board of review shall send a copy of the decision to the aggrieved party, to the reviewing agent, and to all parties entering an appearance. An aggrieved party may appeal the decision of the zoning board of review on a matter appealed under this chapter to the Superior Court of Newport County.

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Chapter 17.90. WIND ENERGY SYSTEMS

        Chapter Outline
        17.90.010. Legislative intent.
        17.90.020. Prohibited.
        17.90.030. Permitting wind energy systems.
        17.90.040. Structural certification.
        17.90.050. Site plan required.
        17.90.060. Minimum lot area requirements.
        17.90.070. Minimum setback and clearance requirements.
        17.90.080. Maximum height.
        17.90.090. Maximum permissible sound.
        17.90.100. Shadow Flicker.
        17.90.110. Signs.
        17.90.120. Building code compliance.
        17.90.130. Aviation impacts.
        17.90.140. Visual Impacts.
        17.90.150. Burden of Proof.
        17.90.160. Electromagnetic Interference.
        17.90.170. Access.
        17.90.180. Abandonment.
        17.90.190. Violations and penalties.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.010. Legislative intent.

    The purpose of this ordinance is to accommodate wind energy systems in appropriate geographic locations, while simultaneously protecting the public health, safety and welfare. In addition, this chapter provides a permitting process for wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

    Moreover, due to the close proximity of properties and uses within the city limits and the massive size of utility scale wind energy systems, systems of this type are deemed inappropriate for reasons of protecting public safety and general welfare.

    Inherently, wind energy systems impact neighborhood esthetics and character. Therefore, wind energy systems are not in keeping with preserving the historic and cultural fabric of the city's local historic districts.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.020. Prohibited.

    Wind energy systems of greater than one hundred (100) kilowatts are prohibited.

    Wind energy systems are prohibited in local historic districts.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.030. Permitting wind energy systems.

    All energy systems, regardless of type, and all meteorological towers require an approved building permit from the building official. Residential scale energy systems that do not conform to dimensional requirements require a special use permit.

    A special use permit is required for all commercial scale energy systems.

    A special use permit and dimensional variance is required for any non-conforming residential scale energy system.

    Meteorological towers receiving a building permit are permitted on a temporary basis, not to exceed one year from the date the building permit was issued.

    Only one wind energy system is allowed on a subject property.

    The owners of wind energy systems are required to undergo an annual safety review through the filing a certified inspection report with the building official.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.040. Structural certification.

    All wind energy systems and meteorological towers must submit an application for a building permit to the building official with structural drawings, plans and specifications that are certified by a licensed engineer.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.050. Site plan required.

    A. Applications submitted to the zoning officer must include a scaled site plan illustrating the following information:

        1. Property lines and physical dimensions of the subject property and topographical contours at two foot intervals.

        2. Location, dimensions, and types of all existing structures on the subject property.

        3. Location of the proposed wind energy system, foundations, guy lines and anchors, associated equipment and structures, location of underground utilities, easements and proposed fencing.

        4. Minimum setbacks as outlined in this ordinance.

        5. The right-of-way of all public roads contiguous to the subject property.

        6. Any overhead utility lines on, or adjacent to, the subject property.

    B. The completed application must also include:

        1. Tower plans, drawings and elevations.

        2. Wind energy system specifications, including: manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

        3. Sound level specification prepared by the wind generator manufacturer or qualified engineer.

        4. Plans, drawings and specifications of electrical and structural components in sufficient detail to allow a determination that installation conforms to the state building code.

        5. Evidence of compliance or non-applicability with Federal Aviation Administration requirements.

        6. Tower foundation plans or drawings.

        7. Location of turbine's shadow pattern (commercial wind energy systems only) on June 21 and December 21.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.060. Minimum lot area requirements.

    Minimum lot area of ten thousand (10,000) square feet is required for any residential scale energy system.

    Minimum lot area of forty thousand (40,000) square feet is required for any commercial scale energy system.

    A use variance is required for a variance from minimum lot area.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.070. Minimum setback and clearance requirements.

    Roof top mounted residential scale wind energy systems must meet all current property line setback requirements for principal structures for the zoning district in which the system is located.

    Tower mounted residential scale wind energy systems must allow a minimum setback of one hundred twenty-five (125) percent of system height from all property lines.

    Commercial scale energy systems must allow a minimum setback of one hundred twenty-five (125) percent of the system height from all property lines.

    Guy wires and anchors used to support the tower are exempt from the wind energy system setback requirements.

    Minimum ground clearance of blade at lowest point is fifteen (15) feet from established grade.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.080. Maximum height.

    The maximum height for roof top residential scale wind energy systems shall not exceed 10 feet above a roof ridge line.

    The maximum height for tower-based residential scale energy systems is fifty (50) feet.

    The maximum height for commercial scale wind energy systems is eighty (80) feet.

    The maximum height for a meteorological tower shall not exceed the maximum height allowable for the respective category of wind energy system.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.090. Maximum permissible sound.

    Wind energy systems shall not exceed, as measured at the subject property line, the allowable decibel level (dBA) for sound in the respective zoning district as established [in] Section 8.12.080 of the City of Newport Codified Ordinances.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.100. Shadow Flicker.

    Wind energy systems shall be sited in a manner that does not result in shadow flicker effect on adjacent and neighboring land uses or properties. The applicant has the burden of proving the proposed system does not adversely impact adjacent or neighboring properties.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.110. Signs.

    Signs (including flags, banners, streamers and decorative items) are prohibited on a wind energy system or accessory structures and equipment, except for manufacturer identification or appropriate warning signs.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.120. Building code compliance.

    The wind energy system shall comply with all applicable sections of the Rhode Island State Building Code. All wind energy systems must receive a valid building permit from the City of Newport Building Official.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.130. Building code compliance.

    Wind energy systems shall be built to comply with all applicable Federal Aviation Administration (FAA) regulations including but not limited to installations close to airports, and any applicable State of Rhode Island aviation regulations.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.140. Visual Impacts.

    To minimize visual impacts of the wind energy system, colors of the structures and moving parts should be neutral in shades of white, grey, brown and black only.

    Lighting of wind energy systems is prohibited, except where required for reasons of safety by the FAA.

    Overhead wires are prohibited to and from wind energy systems. All utilities shall be buried underground.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.150. Burden of Proof.

    Without exception, the applicant for any proposed wind energy system shall bear the burden of proof for requirements under the Codified Ordinances of the City of Newport, state and federal law. The applicant of proposed wind energy system shall furnish any necessary certifications as required by applicable local, state and federal laws.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.160. Electromagnetic Interference.

    Under no circumstances shall a wind energy system create electromagnetic interference of radio, television, telephone, and satellite or other communications systems. All proposed wind turbine systems shall conform to regulations of the Federal Communications Commission (FCC), and electrical code of the State of Rhode Island.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.170. Access.

    The owner of a wind energy system shall prevent unauthorized access to the wind energy system. Tower or structures shall have no exterior ladder or step a minimum of eight feet above grade.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.180. Abandonment.

    At such time that a wind energy system is abandoned, or discontinued from use for a period of one year, the property owner is responsible for the physical removal of the wind energy system and all associated equipment. Abandonment constitutes a voiding of any granted special use permit for a wind energy system.

    A wind energy system is considered abandoned when the wind energy system is discontinued or otherwise out-of-service for a continuous 12-month period. After twelve (12) months of inoperability, the zoning officer may issue a notice of abandonment to the owner of the wind energy system. The owner shall have the right to respond to the notice of abandonment of the wind energy system within thirty (30) days from notice receipt date.

Should the property owner fail to respond to the zoning officer's notice, the zoning officer may reasonably determine that the wind energy system has been abandoned or discontinued. The abandoned or discontinued wind energy system must be removed ninety (90) days after written notice of abandonment. If the owner fails to physically remove the wind energy system after the 90 days, the zoning officer may pursue legal action to have the wind energy system removed at the owner's expense.

    The city reserves the right to salvage the wind energy system demolition debris to defray the cost of demolition.

[Next section]   [Preceding section]   [Chapter Outline]
17.90.190. Violations and penalties.

    It is unlawful to construct, install, or operate a wind energy system that is not in compliance with this chapter. Violations are subject to fines as established in Section 17.112.080 of the City of Newport Codified Ordinances.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.92. CRITICAL AREA REVIEW--OCEAN DRIVE DISTRICT

        Chapter Outline
        17.92.010. Legislative intent.
        17.92.020. Usages.
        17.92.030. Designation of critical area.
        17.92.040. Critical area review committee.
        17.92.050. Development plan preparation.
        17.92.060. Filing procedures and processing.
        17.92.070. Design standards.
        17.92.080. Critical area plan review prerequisite for building permit.
        17.92.090. Appeals.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.010. Legislative intent.

    The critical area review is a development plan review process designed to protect the unique natural resources located in the subject district and is in accordance with recommendations of element two (land use) of the comprehensive land use plan for the city. The intent of this section is to foster sensitive development activity in the southern shoreline area of the city, commonly known as Ocean Drive, which typically exhibit large lot sizes and to minimize adverse impacts of development on such critical natural elements as vegetation, soil erosion, water quality, natural habitats, and scenic quality. The requirements of this section are developed to protect, conserve, and foster the natural, scenic, historical and economic qualities of lands along the city's Ocean Drive. The critical area review process is not intended to deny an applicant a permitted use of the property as established by this zoning code but rather to review, comment, refine, and develop site design elements within the development plan especially those which pertain to the physical characteristics of the site and its surrounding environment.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.020. Usages.

    “Critical area review committee” means a five member committee established to carry out the purposes of this section and hereinafter referred to as committee for the purposes of this section.

    “Greenway” means a corridor of protected open space managed for conservation, recreation or transportation purposes as defined by Title 42 Chapter 125 Paragraph* 3 of the General Laws.

      *[Note: "Paragraph" should probably be "Section."]P>     “Critical area review approval” means an approval granted by the committee upon a complete review and acceptance of the proposed development activity which is subject to the requirements of this section.

    “Scenic highway” means any road, street, avenue, drive or other vehicular, pedestrian or bicycle route which has been designated as a component of the state system of scenic highways pursuant to Title 24 Chapter 15 of the General Laws.

    “Scenic vista” means a defined angle of perception within the landscape which limits the view to a particular part of the landscape while providing the viewer with an unobstructed sight line to distant land, water, structure of historic or cultural significance or in the continuation of a series of such sight lines or vistas. This shall include all scenic vistas along a designated scenic highway.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.030. Designation of critical area.

    For the purposes of this section, the R-120 and R-160 zones as established by this zoning code and the zoning map shall together comprise the boundaries of the critical area – Ocean Drive district. All development activity including new construction and subdivision of land within the two districts shall be subject to the requirements of this section. It is recognized that the lot sizes prevalent within the R-120 and R- 160 districts are desirable to retain the area character and to protect, conserve, and foster the natural, scenic, historical and economic qualities of this truly unique area of Newport. Furthermore, the current lot sizes and density in this area is suitable for the application of the critical area review process. This section shall in no manner enlarge upon nor decrease the number or type of uses permitted in the underlying R-120 and R-160 zoning districts.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.040. Critical area review committee.

    A. Establishment. There is established a critical area review committee to carry out the purposes of this section.

    B. Membership and Appointment.

        1. The committee shall consist of five members of which one shall be a member of the tree commission and so nominated by it, one shall be a member of the planning board and so nominated by it, one shall be a member of the historic district commission and so nominated by it. The remaining two members, one of whom shall be a landscape architect or an arborist or equivalent recognized by his/her peers and the other one, a resident of either the R-120 or R-160 district, shall be appointed by the mayor of the city of Newport with the consent of the city council.

        2. The concurring vote of a majority but no less than three members of the committee shall be necessary for approval of any development plans subject to the requirements of this section. All decisions of the committee, in writing, shall articulate and explain the reasons and basis for each decision and in the case of a decision not to issue a critical area review approval, shall include the basis for its conclusion that the proposed development plan does not comply with the intent and/or requirements of this section.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.050. Development plan preparation.

    The application for critical area review approval shall be filed along with a development plan which shall conform to the requirements of Section 17.88.030. In addition, an inventory of existing plant materials shall be filed. The inventory shall indicate the type of plant, general condition, measures needed to maintain its health and the relative value of the plant. The development plan shall also depict location of scenic vistas, scenic highways and greenways.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.060. Filing procedures and processing.

    A. With respect to a development proposal subject to the requirements of this section, an application for a critical area review approval shall be submitted together with six copies of the development plan and supporting documents to the department of planning, zoning, development and inspections, which shall serve as the coordinator for the critical area review plans. At the time the development plan is submitted to the city for review, a fee of fifteen (15) dollars shall be paid to the city.

    B. After the site development plan, related materials and fee have been submitted the committee shall review the application and prepare its findings in writing within forty-five (45) days of the receipt of the application. The committee may solicit comments and/or recommendations from the various city departments in its review of the application.

    C. If the proposed development, subdivision and/or alteration requires approval from the zoning board of review, historic district commission or planning board then such approval must be received prior to the submission of a development plan. In granting the critical area review approval, the committee may add to the requirements of the zoning board of review, the planning board and/or the historic district commission.

    D. The failure of the committee to act within forty-five (45) days from the date of a completed application shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the committee.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.070. Design standards.

    The purpose of this section is to establish standards which will protect the unique character of natural resources located in the designated Ocean Drive district. It is the intent of these design standards to continue to preserve established street patterns, ensure building layouts to reflect adjacent building mass and incorporate terrain, vegetation and scenic vistas into the overall design process.

    A. Public scenic vistas shall not be obstructed by new development whenever possible. Other desirable views from public areas and existing buildings to historically significant buildings or natural features shall be retained, whenever possible.

    B. Site grading shall insure positive drainage of water away from the proposed buildings in such a manner as to prevent ponding or sheeting at walks and parking areas. Runoff generated by the proposed site development or alteration must be disposed of in a manner so as not to affect adjacent properties or rights-of-way.

    C. Retention of natural grades and recognition of off-site grades shall be the objective of all grading plans. It is improper to place a building designed for a largely level site on a sloped site in a manner that interrupts the natural ground line. Prominent flat areas or bank cuts around buildings are discouraged.

    D. All setback areas shall be maintained in their natural state except in cases where covenants or deed restrictions existing prior to the adoption of the critical area review district prohibit a property owner from adhering to this standard.

    E. There shall be a minimum setback of seventy-five (75) feet from either a designated wetland or a coastal feature as defined by the coastal resources management council. This setback shall be maintained in its natural state.

    F. If the proposed development requires cutting down of trees and/or disturbance of ground cover, then all such loss of vegetation shall be replaced to the greatest extent possible on the site in equal measure and in a manner approved by the committee.

    G. Street trees are required for every development and should be planted at a maximum thirty (30) feet on-center unless such planting schedule shall result in the diminishing of a scenic vista. Minimum tree size shall be fifteen (15) gallons. Species are to be as specified by the committee in consultation with the tree warden. Street trees should be planted at a minimum of two feet from the face of the curb. Where trees are proposed in an area with a monolithic sidewalk wider than four feet, tree grates shall be used to protect the base of the tree and provide pedestrian safety.

    H. All accessory uses such as garages and boat houses, whether attached or detached to main building shall be considered to be an integral part of the overall design concept. The siting of any accessory use shall not be unnecessarily prominent and in instances where such uses are attached to the main building, they shall appear as an addition with access preferably from the rear or the side.

    I. Due to the area's fragile vegetation, potential for storm and sea flooding, erosion, and poor septic system drainage posing the threat of ground water pollution during seasonal high water table, the high areas within the site are better suited for development. However, the placing of buildings on higher elevations require extra care while designing especially with regards to massing and roof shapes. Shapes that emphasize verticality are discouraged.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.080. Critical area plan review prerequisite for building permit.

    In the case of any development activity subject to the requirements of this section, no building permit shall be issued to construct, erect or alter any building or structure, or develop, change, or improve land unless such activity is approved in the manner prescribed in this section and a critical area review approval has been issued. The approved development plan and any applicable conditions shall become part of the application for a building permit and shall be binding on any building permit issued. It shall be unlawful for any person to construct, erect or alter any building or structure, or develop, change, or improve land for which approval is required under this section without such approval. The city may restrain any unlawful act hereunder by a stop work order, and by appropriate court action.

[Next section]   [Preceding section]   [Chapter Outline]
17.92.090. Appeals.

    An applicant may appeal the decision of the committee to the zoning board of review within fifteen (15) days of the filing of such a decision.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.96. PERFORMANCE STANDARDS

        Chapter Outline
        17.96.010. Purpose and objectives.
        17.96.020. Performance standards designated.

[Next section]   [Preceding section]   [Chapter Outline]
17.96.010. Purpose and objectives.

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

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

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

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

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

E. Promote safe and efficient pedestrian and traffic circulation patterns;

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

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

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

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.96.020. Performance standards designated.

The following performance standards shall apply to all uses of land, buildings and other structures wherever located:

A. Dust, Dirt, Fly Ash and Smoke. No dust, dirt, fly ash, smoke, spray, or other emissions shall be emitted into the air so as to endanger safety, value, and enjoyment of other property or to constitute a critical source of air pollution.

B. Odors, Gases and Fumes. No offensive odors or noxious, toxic or corrosive fumes or gases shall be emitted into the air except for the odors connected with the spreading of manure or fertilizer.

C. Noise. With the exception of farm implements and farm animals, time signals, fire, police or ambulance sirens, burglar alarms, refrigerator system alarms and the noise customarily involved in the construction or demolition of buildings and other structures, no noise shall be permitted which is objectionable due to volume, intermittence, beat frequency or shrillness, including noise which results in one or more convictions for a noise disturbance as defined in Chapter 8.12 and occurring on premises on which the owner does not reside, which is transmitted outside the property on which it originates. The owner of premises on which a noise disturbance, as defined in Chapter 8.12 results in a conviction, may assert as a defense, reasonable efforts to take action against the perpetrators of the violation of the noise ordinance, including the initiation of eviction proceedings pursuant to the Rhode Island General Laws.

D. Wastes. No offensive waste shall be discharged into any ocean, river, stream, or other body of water including wetlands.

E. Vibrations. With the exception of vibration necessarily involved in the construction or demolition of buildings and other structures, no vibration shall be transmitted outside the property on which it originates.

F. Danger. No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured or disposed of except in accordance with applicable codes and regulations of the city, the state and the federal government,

G. Interference. No radio frequency interference shall be transmitted outside the property on which it originates.

H. Outdoor Lighting. All external illumination shall be directed or shielded in such a manner that the illuminated areas are confined essentially to the property on which the illumination originates.

I. Drainage. No structure shall be used, erected or expanded, and no land shall be graded or hard surfaced, unless provisions have been made for the proper control of drainage water and sedimentation, particularly from parking areas and driveways, from areas contiguous to property lines and from low areas which tend to collect water.

J. Trash. No person shall allow or permit debris, mounds of dirt, soil, gravel or rock, rubbish, trash, junked automobiles, tin cans, broken glass, bottles, papers, filth and stagnant water to accumulate, or a dense growth of trees, vines, weeds, hedges, grass or underbrush to develop, on any lot, tract or parcel of land in the city to such an extent that it constitutes a menace to life, property or the public health, safety or welfare, or creates a fire hazard.

K. Junk. All dismantled, junked, or abandoned vehicles, including major parts thereof (bodies, engines, transmissions, rear ends, etc.), are explicitly prohibited as junk. Junk vehicles may leak fluids that are both hazardous to the ecosystem and detrimental to water quality.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.100. DEVELOPMENT STANDARDS

        Chapter Outline
        17.100.010. Purpose of provisions.
        17.100.020. Development standards generally.
        17.100.030. Multifamily dwellings.
        17.100.040. Hospitals--Convalescent and rest homes.
        17.100.050. Transient guest facilities.
        17.100.060. Gasoline filling stations.
        17.100.070. Commercial storage and sale of fuel or bottled gas.
        17.100.080. Accessory uses.
        17.100.090. Restaurants.
        17.100.100. Arcades.
        17.100.110. Temporary housing for yachting organizations.
        17.100.120. Keeping of livestock and poultry.
        17.100.130. Home occupations.
        17.100.140. Clubs for outdoor recreation.
        17.100.150. Emergency low income housing facilities.
        17.100.160. Nonprofit multifamily housing for the elderly and/or handicapped.
        17.100.170. Marinas.
        17.100.180. Public charitable corporations qualifying as public services corporations.
        17.100.190. Lot standard deviation in R-10 zones.
        17.100.200. Schools, colleges and universities including fraternity or sorority houses or dormitories for faculty or students.
        17.100.210. Libraries.
        17.100.220. Museums.
        17.100.230. Cemeteries.
        17.100.240. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions.
        17.100.250. Convention or conference centers.
        17.100.260. Shopping centers.
        17.100.270. Banks and other financial institutions.
        17.100.280. The manufacture, processing, assembly or storage of goods.
        17.100.290. Commercial parking lots.
        17.100.300. Taverns.
        17.100.310. Commercial indoor and outdoor recreation facilities.
        17.100.320. Guest houses.
        17.100.330 Undertakers establishments.
        17.100.340. Schools of limited instruction.
        17.100.350. Two-family dwellings.
        17.100.360. Vacation guest facilities.
        17.100.370. Golf courses.
        17.100.380. Governmental employee parking lots.

[Next section]   [Preceding section]   [Chapter Outline]
17.100.010. Purpose of provisions.

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

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

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

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

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

E. Promote safe and efficient pedestrian and traffic circulation patterns;

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

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

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

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.020. Development standards generally.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.030. Multifamily dwellings.

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

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

    1. A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single bedroom apartment;
    2. Six hundred twenty (620) square feet of floor area devoted to living quarters for each two bedroom apartment; and
    3. Seven hundred forty (740) square feet of floor area devoted to living quarters for each three or more bedroom apartments.

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

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

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.040. Hospitals--Convalescent and rest homes.

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

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

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

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

D. Facilities located in residential districts shall have exterior features in harmony with the character of the neighborhood.

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

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17.100.050. Transient guest facilities.

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

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

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

    1. No more than one room or unit for each four hundred (400) square feet of lot area.
    2. The height of such a facility may vary from the established building height for the district for the purpose of enclosing such items as HVAC equipment, elevator penthouses, or other appurtenances usually required to be above the roof level and not intended for human occupancy provided:

        a. That the elevation of the finished ceiling of the highest habitable space does not exceed forty-eight (48) feet from the existing grade; and
        b. That the design of the facility will be reviewed and approved through the development plan review process with a recommendation from the historic district commission; and
        c. The property owner may meet the parking requirements of this zoning code by creating additional parking within an adjacent city-owned public parking facility. The ability to create the additional parking within adjacent city-owned public parking areas is conditioned on the property owner meeting the performance requirements established in Chapter 17.88, of this zoning code, and the approval of a parking agreement by the city council.

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

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

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

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

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17.100.060. Gasoline filling stations.

Gasoline filling stations are subject to the following conditions:

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

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

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

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

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

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17.100.070. Commercial storage and sale of fuel or bottled gas.

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

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

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

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

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17.100.080. Accessory uses.

Accessory uses are permitted only with the principal use and subject to the following conditions:

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. In R-10, R-10A, R-20 and R-20A districts, such accessory use shall be at least ten feet from side and rear property lines; in R-60, R-40 and R-40A districts, at least twenty (20) feet from side and rear property lines; and in R-160 and R-120 districts, at least fifty (50) feet from rear and side lines.

C. The conditions of subsection B of this section shall not apply to an accessory building which is attached to its principal building. Such attached accessory building shall be considered an integral part of the principal building and subject to all the requirements applicable to the principal building.

D. Two private garages may be built with a common wall on the common interior side lot line or on the common rear lot line.

E. A private garage in an accessory building may be used to house up to two noncommercial vehicles which are not the property of the occupants of the building to which such garage is accessory.

F. No nonresidential use shall be considered an accessory use unless such use is accessory to a nonresidential use allowed by this code.

G. No commercial motor vehicle shall be parked for more than two hours per day in any residential district or on any residential lot except in conjunction with a permitted nonresidential use. However, one commercial motor vehicle not to exceed six thousand eight hundred (6,800) pounds maximum gross weight may be parked in a residential district or lot by the occupant of the building provided the commercial vehicle is the only form of transportation available to and from work.

H. All boats, watercraft, trailers, recreational vehicles (or other moveable dwellings), motorcycles, tractors, or other similar vehicles that may be greater in height than seven feet six inches are considered accessory uses and may only be parked or stored within the designated setback area, as outlined in §17.100.080(B), with the granting of a special use permit by the Zoning Board of Review. All boats, watercraft, trailers, recreational vehicles (or other moveable dwellings), motorcycles, tractors, or other similar vehicles located within the designated set-back area specified in §17.100.080 (B) , must be currently registered and duly insured.

I. No unregistered motor vehicle may be parked or stored ungaraged in the designated setback area, §17.100.080(B), without the issuance of a special use permit by the Zoning Board of Appeals. All dismantled, junked, or abandoned vehicles, including major parts thereof (bodies, engines, transmissions, rear ends, etc.), are considered junk and explicitly prohibited within the designated setback area specified in Section 17.100.080(B).

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17.100.090. Restaurants.

Restaurants are subject to the following conditions:

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

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

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

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

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17.100.100. Arcades.

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

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17.100.110. Temporary housing for yachting organizations.

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

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

B. Any needed parking shall be provided onsite;

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

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

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17.100.120. Keeping of livestock and poultry.

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

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

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

    *[This does not seem correct. A more appropriate cross-reference would be Section 17.100.080].

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17.100.130. Home occupations.

Home occupations are subject to the following conditions:

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

B. No more than one nonresident employee is authorized;

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

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

E. Required parking shall be provided on site;

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

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

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

    1. The keeping of chicken hens pursuant to this section shall be primarily for the purpose of raising chicken hens and collecting the eggs produced thereof; this section shall not be construed to allow for the slaughter and sale of any chicken hens or their eggs for any purpose.
    2. Any building used for housing of chicken hens or manure must meet the setbacks required under Section 17.100.080(B) and (C) from any property or street line.
    3. The keeping of chicken hen(s) pursuant to this Section shall be permitted in residential zones only.
    4. There shall not be more than one hen per eight hundred (800) square feet of total lot area, with a maximum of six on any lot.
    5. No person shall keep any rooster.
    6. All chicken hens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:

        a. The hen house must be covered, predator resistant, and well-ventilated;
        b. The hen house must provide a minimum of two square feet per chicken and shall be no more than eight feet in height and a maximum of sixty-four (64) square feet in area;
        c. The hen house must be kept clean, dry, free from decaying food, dirt, dirty water and fecal matter and sanitary at all times; manure must be composted in enclosed bins;
        d. The hen house must be located upon a permeable surface that prevents waste run-off;
        e. The hen house and fenced outdoor enclosure must meet the setbacks required under Section 17.100.080(B) and (C);
        f. The fenced outdoor enclosure must adequately contain the chicken hens; such enclosure shall be securely enclosed and designed to prevent the chicken hens from escaping and predatory animals from gaining access;
        g. The fenced outdoor enclosure must be kept clean, free from decaying food, dirty water and fecal matter and sanitary at all times; must have proper food, water and accessible shelter; and manure must be composted in enclosed bins, at all times;
        h. The hen house must provide the chicken hens with adequate protection from the elements and inclement weather and chicken coops must provide for the chicken hens' good health and prevent any unnecessary or unjustified suffering; and
        i. The owner of the hen(s) must be a resident of the property on which they are located.

    7. No hen house (coop) shall be built onto any shared fence.
    8. No chicken hens may be kept or raised within any dwelling unit or otherwise roam freely on or off the property, other than in approved enclosures.
    9. All feed must be stored securely.
    10. No person shall place food in the open for the feeding of any chicken hen(s) except in such containers as will prevent the scattering of such food upon the ground. After such feed, such food shall not be allowed to remain where it is accessible to rodents or other animals.
    11. All chicken hens must be confined within the hen house between the hours of 9:00 p.m. and 7:00 a.m.
    12. No chicken hen may be slaughtered on the premises.

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

    1. Dressmaking, sewing and tailoring,
    2. Telephone answering,
    3. Photography studio,
    4. Tutoring,
    5. Home cooking and preserving,
    6. Home crafts,
    7. Studios for artists or craftsmen,
    8. Offices for doctors, dentists, attorneys, real estate agents, insurance agents, accountants, stock brokers, engineers, architects, landscape architects, musicians, writers, data programming and/or processing and the like,
    9. Rental of two guest bedrooms or less to no more than a total of four persons in an owner-occupied dwelling unit; only one such use shall be permitted on a lot;

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

    1. The keeping of six or fewer chickens.

K. The following are prohibited as home occupations:

    1. Barber shops and beauty parlors excluding single operator hairdresser,
    2. Animal hospitals,
    3. Dancing studios,
    4. Restaurants,
    5. Nursery schools,
    6. Automobile repair or paint shops,
    7. Convalescent or nursing home,
    8. Private clubs,
    9. Undertakers' establishments,
    10. Gunsmith shop,
    11. Catering;

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

    *[This does not seem correct. Should probably be subsection H.]

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

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17.100.140. Clubs for outdoor recreation.

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

B. No such use shall be located within the required setbacks.

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

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17.100.150. Emergency low income housing facilities.

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

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

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

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

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

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

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

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

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

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17.100.160. Nonprofit multifamily housing for the elderly and/or handicapped.

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

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

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

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

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

    1. A minimum of four hundred (400) square feet of floor area devoted to living quarters for each efficiency apartment;
    2. A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single-bedroom apartment.

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17.100.170. Marinas.

Marinas are subject to the following conditions:

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

B. At least twenty (20) percent of the slips must be reserved for transient boats;

C. Accessory uses shall be restricted to the sale of marine supplies and minor repair facilities;

D. There shall be adequate pump-out facilities for boats.

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17.100.180. Public charitable corporations qualifying as public services corporations.

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

A. Must be exempt from federal income taxation.

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

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

    1. Museum;
    2. Offices for its administration and employees;
    3. Conferences, meetings, lectures, educational classes and seminars related to its public charitable purposes;
    4. Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;
    5. Luncheon room for employees;
    6. Laboratories for the study and conservation of paintings, fabrics, furniture and other decorative art.

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17.100.190. Lot standard deviation in R-10 zones.

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

A. The property is directly purchased from the city;

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

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

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

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

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

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

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

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

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

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

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

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17.100.210. Libraries.

Libraries are subject to the following conditions:

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

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

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

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17.100.220. Museums.

Museums are subject to the following conditions:

A. Must maintain its exemption from federal income taxation.

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

    1. Offices for its administration and employees;
    2. Conferences, meetings, lectures, educational classes and seminars related to its museum purposes;
    3. Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;
    4. Luncheon room for employees;
    5. Laboratories for study and conservation;
    6. Residential quarters limited to use by staff.

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

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

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17.100.230. Cemeteries.

Cemeteries are subject to the following conditions:

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

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

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

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17.100.240. Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions.

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

A. Must maintain its exemption from federal income taxation.

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

    1. Museum;
    2. Offices for its administration and employees;
    3. Conferences, meetings, lectures, educational classes and seminars related to its public charitable purposes;
    4. Display, information and sales areas for its museum operations including a gift shop and show room for reproduction items;
    5. Luncheon room for employees;
    6. Laboratories for study and conservation;
    7. Residential quarters limited to use by staff.

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

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17.100.250. Convention or conference centers.

Convention or conference centers are subject to the following conditions:

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

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

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

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17.100.260. Shopping centers.

Shopping centers are subject to the following conditions:

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

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

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17.100.270. Banks and other financial institutions.

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

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

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

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

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17.100.280. The manufacture, processing, assembly or storage of goods.

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

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

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

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

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17.100.290. Commercial parking lots.

Commercial parking lots are subject to the following conditions:

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

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

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17.100.300. Taverns.

Taverns are subject to the following conditions:

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

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

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17.100.310. Commercial indoor and outdoor recreation facilities.

Commercial recreation facilities are subject to the following conditions:

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

B. Shall not be located within the required setbacks.

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

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

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

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17.100.320. Guest houses.

Guest houses are subject to the following conditions:

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

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

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

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

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

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17.100.330. Undertakers establishments.

Undertakers establishments are subject to the following conditions:

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

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

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

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17.100.340. Schools of limited instruction.

Schools of limited instruction are subject to the following conditions:

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

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

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

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17.100.350. Two-family dwellings.

Two-family dwellings are subject to the following conditions:

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

    1. A minimum of five hundred (500) square feet of floor area devoted to living quarters for each single bedroom dwelling;
    2. Six hundred twenty (620) square feet of floor area devoted to living quarters for each two bedroom dwelling; and
    3. Seven hundred forty (740) square feet of floor area devoted to living quarters for each three or more bedroom dwelling.

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

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

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.360. Vacation guest facilities.

Vacation guest facilities are subject to the following conditions:

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

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

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

D. No unit shall have more than three bedrooms.

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

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

    1. For each one-bedroom unit and for each room that can be converted into a one-bedroom unit by locking it out from the other rooms in the unit, one space is required;
    2. For each unit with two or more bedrooms, one and one-half spaces are required.

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.370. Golf courses.

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

[Next section]   [Preceding section]   [Chapter Outline]
17.100.380. Governmental employee parking lots.

Governmental employee parking lots are subject to the following conditions:

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

B. No commercial motor vehicles shall use the lot.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.104. PARKING AND LOADING STANDARDS

        Chapter Outline
        17.104.010. Purpose of provisions.
        17.104.020. Parking space standards.
        17.104.030. Loading space standards.
        17.104.040. Parking space design standards.
        17.104.050. Parking space construction standards.

[Next section]   [Preceding section]   [Chapter Outline]
17.104.010. Purpose of provisions.

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

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

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

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

E. Promote safe and efficient pedestrian and traffic circulation patterns;

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

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

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

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

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

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

[Next section]   [Preceding section]   [Chapter Outline]
17.104.020. Parking space standards.

A. Single and two-family dwellings: two spaces for each dwelling unit, except that if the structure is within the historic zoning district, one space per dwelling unit shall be required. All such spaces shall be located on the same lot with the structure or on a contiguous lot if both the lots are owned by the same person, persons or entity.

B. Multifamily dwellings: two spaces for each dwelling unit and located on the same lot with the structure.

C. Churches, places of worship, theaters, assembly halls, auditoriums, or stadiums and the like: one space for four legal occupants and located on the same lot with the facility.

D. Museums: not fewer than ten (10) spaces and one (1) additional space for each three hundred (300) square feet of gross square footage in excess of two thousand (2,000) gross square feet; all located on the same lot with the facility. The parking of buses and motor coaches, along with the other motor vehicles incidental to a museum use, shall be permitted as a matter of right in any lot that was used, in whole or in part, as of November 9, 1994, for parking incidental to that museum use. The preceding sentence shall apply regardless of whether or not that lot or any part thereof is located on the same lot as the museum facility. Any such parking area or change in any such parking area shall be subject to a development plan review under Chapter 17.88 of this ordinance. All parking shall be on ground surface, and the idling of buses shall be in compliance with Chapter 5.64.090 of the Codified Ordinances of the City of Newport.

E. Hospitals, convalescent homes, rest homes and the like: for hospitals, minimum of two spaces per bed; for convalescent homes, rest homes and the like: minimum of one space for each three beds and maximum of two spaces for each three beds, plus one additional space for every three employees during the largest daily work shift, and located on the same lot with the facility.

F. Transient guest facilities: one space for every guest bedroom and one space for every three employees; all located on the same lot with the facility with the exception of an allowance for the property owner to create additional parking within an adjacent city-owned public parking facility pursuant to Section 17.100.050(c) – Transient Guest Facilities. [Note: The cross-reference should be to Section 17.100.050(B)(2)(c).]

G. Gasoline stations and motor vehicle dealers and repairers, establishments for auto washing and cleaning and the like: ten spaces and located on the same lot with the facility.

H. Standard restaurants: one space for every one hundred fifty (150) square feet of customer service area (including, but not limited to, porches/patios/decks and terraces) plus one space for every three employees; all located on the same lot with the facility.

I. Fast-food restaurants: one space for every two hundred seventy-five (275) square feet of gross square footage and located on the same lot with the facility.

J. Retail establishments, and financial institutions: minimum of one space for every two hundred seventy-five (275) square feet of gross square footage and a maximum of 2 spaces for every two hundred seventy-five (275) square feet of gross square footage and located on the same lot with the facility.

K. Tavern: one space per one hundred (100) square feet of gross square footage, (including, but not limited to porches/patios/decks and terraces) and located on the same lot with the facility.

L. Professional and business offices, with the exception of offices for doctors and dentists: one space for every three hundred fifty (350) square feet of gross square footage and located on the same lot with the facility.

M. Medical and dental clinics and laboratories, physicians and dental offices: one space for every two hundred seventy-five (275) square feet of gross square footage and located on the same lot with the facility.

N. Undertakers' establishments: forty (40) spaces plus ten spaces for each chapel or parlor in excess of one, all located on the same lot with the facility.

O. Warehouses; wholesale businesses; trucking terminals; contractors' businesses; research laboratories; establishments for the manufacture, processing or assembling of goods; printing and publishing establishments; painting, woodworking, sheet metal, blacksmith, welding, tire recapping and machine shops; laundry, cleaning and dyeing plants and the like: minimum of one space for each one and one-half employees during the largest daily work shift period and located on the same lot with the facility.

P. Home occupations: one space for each nonresident employee; one space for each rental guest bedroom; all located on the same lot with the structure.

Q. Accessory uses: one space for every four hundred (400) square feet of gross square footage and one space for every three employees normally employed as a result of the accessory use; all located on the same lot with the facility.

R. Marina: one space for each boat accommodated at the facility and one space for each 1.2 employees all located on the same lot with the facility.

S. Day care centers: one space for every three hundred (300) square feet of gross square footage and located on the same lot with the facility.

T. Guest houses and historic guest houses: one space for each guest bedroom, one space for the manager, and one space for every three employees; all located on the same lot with the facility.

U. Schools, colleges, and universities: one space for every five seats in the main auditorium or one space for every five seats in the classrooms, whichever is greater, all located on the same lot with the facility.

V. Fraternity or sorority houses and student dormitories: minimum of one space for every three occupants and maximum of 2 spaces for every three occupants and located on the same lot with the facility.

W. Commercial indoor and outdoor recreation facilities: minimum of one space per one hundred (100) square feet of gross square footage and maximum of 2 spaces per one hundred (100) square feet of gross square footage and located on the same lot with the facility.

X. Clubs for outdoor recreation: not fewer than fifteen (15) spaces, and a minimum of one additional space for every one hundred (100) square feet of gross square footage and maximum of 2 spaces per one hundred (100) square feet of gross square footage; all located on the same lot with the facility.

Y. Uses permissible by special use permit for which there is no specific parking standard identified in this zoning code, shall comply with the off-street parking requirements specified in the special use permit.

Z. Multifamily housing for the elderly and/or handicapped: minimum of one space for each dwelling unit and maximum of 2 spaces for each dwelling unit and located on the same lot with the facility.

AA. Vacation guest facilities: minimum of one space for every guest bedroom and maximum of 2 spaces for every guest bedroom and minimum of one space for every three employees and maximum of 2 spaces for every three employees; all located on the same lot with the facility.

[Next section]   [Preceding section]   [Chapter Outline]
17.104.030. Loading space standards.

Except as otherwise provided, any structure of over four thousand (4,000) square feet of ground floor area shall provide loading spaces in accordance with the following schedule:

Use
Gross Floor Area Use in Square Feet
Loading Space Requirements
Retail stores; restaurants; wholesale business; trucking terminal; contractors business; warehouse; research laboratory; manufacture, processing or assembly of goods; printing and publishing; painting; woodworking; sheet metal; blacksmith; welding; tire recapping or machine shop; laundry, cleaning or dyeing plant; or other similar uses

4,000 - 10,000
10,001 - 25,000
25,001 - 40,000
40,001-100,000
each 50,000 over 100,000

one
two
three
four
one additional
Transient guest facilities; vacation guest facilities; hospitals; similar institutions or places of public assembly

4,000 - 10,000
10,001 - 50,000
50,001- 100,000
each 100,000 over 100,000

one
two
three
one additional
Office or office buildings
20,001 - 50,000
50,001 - 100,000
each 100,000 over 100,000
one
two
one additional

[Next section]   [Preceding section]   [Chapter Outline]
17.104.040. Parking space design standards.

A. Each parking space shall constitute an area with a minimum width of nine feet and a minimum length of eighteen (18) feet; except, however, in parking areas of fifty (50) or more spaces, up to fifty (50) percent of the total off-street parking spaces required may be designed and designated for compact cars. Parking spaces for compact cars shall have a dimension of eight feet by sixteen (16) feet, be grouped in specific locations, and be signed to indicate “parking for compact cars only.” Each loading space shall constitute an area with a minimum width of twelve (12) feet, a minimum length of forty (40) feet, and a minimum vertical clearance of fourteen (14) feet.

B. Except on lots used exclusively for single- or two-family dwelling[s], each off-street parking space shall open directly upon an aisle or driveway so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public vehicular or pedestrian right-of-way. In those instances where a drive-through window is part of a business or a controlled ingress/egress to a parking lot is proposed, sufficient area to allow for the on-site stacking of cars is to be provided. Such stacking area shall consist of a minimum length of sixty (60) feet measured from the right-of-way. In addition, the stacking area shall not: (1) hinder on-site traffic circulation; (2) obstruct any area required for the on-site maneuvering of vehicles, or (3) impinge upon designated parking spaces for persons with disabilities or the direct access from such parking spaces to the restaurant entrance.

C. Minimum aisle width for ninety (90) degree parking or two-way traffic flow is twenty (20) feet. Minimum aisle widths for all other parking areas shall be in accordance with the following table:

Parking Angle
(in degrees)           
Aisle Width
(in feet)
0 - 44            12
45 - 59            13
60 - 69            17
70 - 79            18
80 - 89            19
90            20

D. On properties used exclusively for single or two-family dwellings, access driveways from a street shall not be less than nine feet in width and not greater than eighteen (18) feet in width. Access driveways from a street for all other properties and uses shall be not less than twelve (12) feet in width for one-way traffic and no less than twenty-four (24) feet or greater than thirty (30) feet in width for two-way traffic. Points of entrance and exit for driveways onto the street shall be located so as to minimize hazards to pedestrians and vehicular traffic.

E. On single, two-family or multi-family properties with a land area of 5,000 square feet or greater, the combination of lot coverage and impervious material shall not exceed 80% of the lot area. Space not used for structures or parking areas must be used as vegetated, pervious area.

F. Parking areas containing more than forty (40) parking spaces shall be divided by permanent barriers, landscaped areas, rain gardens, or raised walks. No parking bay greater than ten (10) parking spaces shall exist without a divider equal to or greater than the area of one parking space.

G. Any lighting used to illuminate any required off-street parking or loading area shall be so designed and installed to reflect light away from adjacent property and streets. Shielding is required to minimize lighting impacts to surrounding properties. The maximum height of such lighting shall be fourteen (14) feet in residential districts and twenty-five (25) feet in all other districts.

H. Parking lots should include provisions for vegetative screening and buffers, including perimeter planting strips along rights of way. Landscape plans should provide for landscaping at the end of parking bays, and allow planting islands within rows. All landscaped areas require a comprehensive maintenance and irrigation plan for existing and proposed trees, shrubs, and vegetation.

[Next section]   [Preceding section]   [Chapter Outline]
17.104.050. Parking space and parking lot construction standards.

A. Prior to the construction of any parking area totaling ten automobiles or more, the applicant shall file for Development Plan Review pursuant to Chapter 17.88.

B. All off-street parking and loading areas shall be suitably improved, graded, stabilized and maintained so as to cause no nuisance or danger from dust or from stormwater runoff. Parking lots should be designed to properly control stormwater on site using natural techniques and pervious surfaces were possible. No such area shall have a slope of less than one-half percent or greater than three percent. No loading space or access therefo shall be located less than thirty (30) feet from any residential district boundary line.

C. All parking areas for more than ten automobiles shall be provided with an all-weather surface. Such all-weather surfaces may consist of asphalt or concrete. Alternative materials such as crushed stone, shells, porous pavers, or other porous materials may be allowed in all Residential (R), Waterfront Business (WB) and Traditional Maritime (TM) zones if it can be demonstrated that such materials will be properly maintained. Proper maintenance includes ensuring that such materials are kept on site and regular scheduled maintenance is provided to retain parking lot functionality. Full and permanent parking space delineation is required, except as specified for residential zones. Such delineation may include striping, wheel stops, landscaping, timber, curbing, or other similar permanent materials which can clearly define and delineate such space. Full parking space delineation means clear markings for all three sides of the space. Partial delineation of spaces for properties within residential zones may be allowed if pervious parking surfaces are proposed. Partial delineation means clear markings and identification for at least the head of the space.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.108. VARIANCES AND SPECIAL USES

        Chapter Outline
        17.108.010. Variances.
        17.108.020. Special use permits.
        17.108.030. Special conditions.

[Next section]   [Preceding section]   [Chapter Outline]
17.108.010. Variances.

A. The zoning board of review shall have the power and duty to authorize, upon appeal in specific cases, such variance from the provisions of this zoning code where, owing to special conditions, a literal enforcement of the provision of this zoning code would result in unnecessary hardship. Financial detriment shall not be considered an unnecessary hardship.

B. Procedure.

    1. A written application for a variance may be made by any person, group, agency, or corporation and shall be submitted to the zoning officer demonstrating that:

        a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
        b. A literal interpretation of the provisions of this zoning code would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the provisions of this zoning code;
        c. Special conditions and circumstances do not result from the actions of the applicant. Purchase or lease of property shall not constitute such an action in this instance.

    2. The zoning officer shall immediately transmit each application to the zoning board of review and shall also transmit a copy of each application for use variance to the planning board.

    3. The zoning board of review may request that the planning board and/or staff report it's findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board of review within thirty (30) days of receipt of the application from the board.

    4. The zoning board of review shall hold a public hearing in an expeditious manner after receipt of a complete application. 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 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.

    5. In granting a variance, the zoning board of review shall require that evidence of the following standards shall be entered into the record of the proceedings:

        a. That the reasons set forth in the application justify the granting of the variance and that the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure;
        b. That the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will not impair the intent or purpose of the zoning code or the comprehensive plan upon which this zoning code is based;
        c. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant; and
        d. That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain.

    6. The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

        a. In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning code. Nonconforming use of neighboring lands or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
        b. In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
        c. In granting any variance the zoning board of review may prescribe appropriate conditions and safeguards in conformity with this zoning code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code.

[Next section]   [Preceding section]   [Chapter Outline]
17.108.020. 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 varying the terms of 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. Special use permits shall be granted only where the zoning board of review finds that the proposed use or the proposed extension or alteration of an existing use is in accord with the public convenience and welfare, after taking into account, where appropriate:

    1. The nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of the structure;
    2. The resulting traffic patterns and adequacy of proposed off-street parking and loading;
    3. The nature of the surrounding area and the extent to which the proposed use or feature will be in harmony with the surrounding area;
    4. The proximity of dwellings, churches, schools, public buildings and other places of public gathering;
    5. The fire hazard resulting from the nature of the proposed buildings and uses and the proximity of existing buildings and uses;
    6. All standards contained in this zoning code;
    7. The comprehensive plan for the city.

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.

[Next section]   [Preceding section]   [Chapter Outline]
17.108.030. Special conditions.

In granting a variance or in making any determination upon which it is required to pass after a public hearing under this zoning code, the zoning board of review may apply such special conditions that may, in the opinion of the zoning board of review, be required to promote the intent and purposes of the comprehensive plan and this zoning code. Failure to abide by the special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

A. Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

B. Controlling the sequence of development, including when it must be commenced and completed;

C. Controlling the duration of use or development and the time within which any temporary structure must be removed;

D. Assuring satisfactory installation and maintenance of required public improvements;

E. Designating the exact location and nature of development; and

F. Establishing detailed records by submission of drawings, maps, plats, or specifications.

[Next chapter]   [Preceding chapter]   [Table of Chapters]
Chapter 17.112. ADMINISTRATION

        Chapter Outline
        17.112.010. Zoning officer.
        17.112.020. Specific authority of zoning officer.
        17.112.030. Zoning board of review--Composition.
        17.112.040. Zoning board of review--Powers and duties.
        17.112.050. Procedure of the zoning board of review.
        17.112.060. Decisions and records of the zoning board of review.
        17.112.070. Public notice and hearing requirements.
        17.112.080. Violation--Penalty.

[Next section]   [Preceding section]   [Chapter Outline]
17.112.010. Zoning officer.

A. It is the intent of this zoning code that all matters arising in connection with the enforcement or interpretation of this zoning code, except as otherwise expressly provided herein, shall be first presented to the zoning officer; and that such matters or actions shall be presented to the zoning board of review only on appeal from the decision of the zoning officer or a decision of the planning board, where applicable. Recourse from the decisions of the zoning board of review shall be taken to the superior court of Newport County.

B. The zoning officer's responsibilities shall include:

    1. Issuing zoning certificates and zoning permits;
    2. Reviewing and approving building permits for zoning compliance;
    3. Collecting required fees for applications for signs, variances, special use permits, and to the historic district commission;
    4. Receiving and reviewing for proper form, all applications for variances, appeals and special use permits;
    5. Transmitting all applications to required agencies for comments/approval;
    6. Keeping records on compliance of uses of land;
    7. Inspecting suspected violations and issuing violation notices;
    8. Authorizing commencement of uses or development under the provisions of this zoning code;
    9. Collecting fines for violations;
    10. Maintaining and updating the text and zoning map comprising this zoning code; changes which impact the zoning map shall be depicted on the map within ninety (90) days of the authorized changes;
    11. Reviewing the zoning code at reasonable intervals; and whenever changes are made to the comprehensive plan, identifying any changes necessary to the zoning code and forwarding such changes to the city council;
    12. Upon written request, the zoning officer shall, in order to provide guidance or clarification, make a determination on issues of compliance, applicability, interpretation and completeness as pertaining to the application within fifteen (15) days of receipt of request. In the event that no determination is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

C. Minimum qualifications: graduation from a recognized college or university with a bachelor's degree in planning or a closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a master's degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.

[Next section]   [Preceding section]   [Chapter Outline]
17.112.020. Specific authority of zoning officer.

This zoning code shall be enforced by the zoning officer who shall perform under the direction of the director of planning, zoning, development and inspections. The zoning officer is authorized to cause any building structure, premises or use to be inspected or examined and to order, in writing, remedying of any condition found to exist therein or thereon in violation of any of the provisions of this zoning code. It shall be the duty of the city solicitor, whenever a violation or contemplated violation of any of the provisions of this zoning code is brought to his or her attention, to institute due legal proceedings to compel compliance or to restrain the erection alteration or use of any building structure or other thing erected, altered or used in violation of any of the provisions of this zoning code.

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17.112.030. Zoning board of review--Composition.

There shall be a zoning board of review consisting of five members and two alternate members designated as first and second alternate members as provided by Title 45-24-56 of the General Laws each of whom shall be elected by council, pursuant to Section 4-5 of the City Charter, for a term of five years. The members of the zoning board of review as of January 1, 1999 shall continue to serve the terms for which they were appointed. Each member of such board shall hold office until his or her successor is chosen and qualified. The alternate members shall sit and may actively participate in hearings. The first alternate member shall vote if a member of the zoning board of review is unable to serve at a hearing and the second alternate member shall vote if two members of the zoning board of review are unable to serve at a hearing. In the absence of the first alternate member the second alternate member shall serve in the position of the first alternate member. No member or alternate member of the zoning board of review may vote on any matter before the zoning board of review unless they have attended all hearings concerning that matter. If a vacancy occurs on the zoning board of review for any cause, the city council shall appoint a member to such zoning board of review to fill the vacancy for the remainder of the term. The members of such zoning board of review may be removed by the city council for such cause as is deemed sufficient and as is expressed in the order of removal. City council shall designate a member of such zoning board of review to be the chairman. The zoning board of review shall appoint a secretary and such clerical assistants as the city council may by ordinance or resolution provide. The secretary and clerk shall hold office at the pleasure of the zoning board of review.P> [Next section]   [Preceding section]   [Chapter Outline]
17.112.040. Zoning board of review--Powers and duties.

A. The zoning board of review shall have the following powers and duties:

    1. To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by the zoning officer or the planning board in the enforcement or interpretation of this zoning code, or of any zoning code adopted pursuant hereto;
    2. To hear and decide appeals from a party aggrieved by a decision of the historic district commission;
    3. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning code;
    4. To authorize, upon application, in specific cases, special use permits;
    5. To refer matters to the planning board or to other boards and commissions of the city of Newport as the zoning board of review may deem appropriate, for findings and recommendations;
    6. To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within one year of the conditional zoning approval;
    7. To hear and decide other matters, according to the terms of this zoning code and upon which the zoning board of review may be authorized to pass under this zoning code.

B. The zoning board of review shall be required to vote as follows:

    1. Five members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as member, and take no part in the conduct of the hearing. Only five members shall be entitled to vote on any issue;
    2. The concurring vote of three of the five members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the zoning officer from whom an appeal was taken; and
    3. The concurring vote of four of the five members of the zoning board of review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the zoning board of review upon which it is required to pass under the zoning code, including variances and special use permits.

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17.112.050. Procedure of the zoning board of review.

A. Rules. The zoning board of review shall adopt from time to time such rules and procedures as may be deemed necessary to carry into effect the provisions of this zoning code.

B. Public Hearings. The zoning board of review shall hold a public hearing on all appeals, including appeals in which applications for variances are involved, and on all requests for special use permits, and shall give notice thereof in accordance with Section 17.112.070.

C. Comprehensive Plan. All determinations of the zoning board of review shall be made in accordance with the comprehensive plan for the city of Newport and in harmony with the purpose and intent of this zoning code.

D. Referrals. All Applications for variances and special use permits shall be referred to the planning board for review not later than fourteen (14) days prior to the public hearing scheduled for such applications.

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17.112.060. Decisions and records of the zoning board of review.

A. Following a public hearing, the zoning board of review shall render a decision within a reasonable period of time. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within thirty (30) working days from the date when the decision was rendered, and shall be a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

B. Any decision by the zoning board of review, including any special conditions attached thereto, shall be mailed to the applicant, to the zoning officer, and to the director of division of planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use permit shall also be recorded in the land evidence department.

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17.112.070. Public notice and hearing requirements.

A. This zoning code shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the city at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed zoning code. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in subsections B, C, D, and E of this section, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

    1. Specify the place of the hearing and the date and time of its commencement;
    2. Indicate that adoption, amendment, or repeal of a zoning code is under consideration;
    3. Contain a statement of the proposed amendments to the zoning code that may be printed once in its entirety, or summarize and describe the matter under consideration;
    4. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
    5. State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study of because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

B. Where a proposed general amendment to this zoning code includes changes in an existing zoning map, public notice shall be given as required by subsection A of this section.

C. Where a proposed amendment to this zoning code includes a specific change in a zoning map, but does not affect districts generally, public notice shall be given as required by subsection A of this section, with the additional requirements that:

    1. Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and city boundaries where appropriate; and
    2. Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than two hundred (200) feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city. The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current tax assessor's records.

D. Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:

    1. Which is located in or within not less than two hundred (200) feet of the boundary of the area proposed for change; or
    2. Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

E. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building inspector of the city or town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

F. No defect in the form of any notice under this section shall render this zoning code or amendment invalid, unless the defect is found to be intentional or misleading.

G. Costs of any notice required under this section shall be borne by the applicant.

H. In adopting a zoning code amendment, the city council may limit the change to one of the permitted uses in the district to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:

    1. Requiring a petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
    2. Relating to the effectiveness or continued effectiveness of the zoning change; and/or
    3. Relating to the use of the land; as it deems necessary.

The zoning officer shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the city council may, after a public hearing as herein before set forth, change the land to its original zoning use before the petition was filed.

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17.112.080. Violation--Penalty.

Whoever violates or fails to comply with any of the provisions of the zoning code or violates the terms or conditions of any action imposed by the zoning board of review or by of any other agency or officer charged in the zoning code with enforcement of any of its provisions shall be fined not more than five hundred (500) dollars for each offense, such fine to inure to the city. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs.

Whenever a violation of Section 17.04.050(A)(2)(b) occurs, the property owner shall be fined a minimum of two hundred fifty (250) dollars per day for each day of the violation; and, additionally, each tenant on the lease shall be fined a minimum of two hundred fifty (250) dollars per day for each day of the violation.

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Chapter 17.116. APPEALS

        Chapter Outline
        17.116.010. Appeals to the zoning board of review.
        17.116.020. Appeals to superior court.
        17.116.030. Appeal of enactment of or amendment to zoning code.
        17.116.040. Stay of proceedings.

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17.116.010. Appeals to the zoning board of review.

An appeal to the zoning board of review may be taken by an aggrieved party from the decision of the zoning officer, planning board or the historic district commission. The appellant shall file with the secretary of the zoning board of review and the official or agency from whom the appeal is taken, a statement of the appeal, a copy of his plat, a copy of the list of abutting owners furnished therewith and the reasons for disapproval of the concerned official or agency's action, together with the names and addresses of any other persons who appeared before the official or agency in opposition to his application. Such papers shall be filed with the secretary of the zoning board of review within ten days after the final action of the official or the agency on the application. The official or agency from the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

A. Hearing of Appeals. The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, including the applicant, abutting owners and any other person who entered an appearance before the official or the agency from whom the appeal is taken from and in accordance with Section 17.112.070, and decide the same within a reasonable time. The cost of any notice required for the hearing shall be borne by the appellant. Upon the hearing, any party in interest may appear in person or by an agent or attorney.

B. Participation in Zoning Hearing. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

C. Decisions and Records of the Zoning Board of Review. In exercising its powers the zoning board of review may, in conformity with this zoning code, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of Section 17.112.060.

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17.116.020. Appeals to superior court.

A. An aggrieved party may appeal a decision of the zoning board of review to the Newport County superior court by filing a complaint setting forth the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the city clerk. The decision shall be posted in a location visible to the public in the city hall for a period of twenty (20) days following the recording of the decision. The zoning board of review shall file the original comments acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board of review shall be made parties to the proceedings. The appeal shall not* stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

    *As published by the city, the Newport Zoning Ordinance says "The appeal shall stay proceedings ...." However, this is clearly an error, as shown by comparing it with § 45-24-69(a) of the Zoning Enabling Act and also by a logical reading of the sentence.

B. If, before the date set for hearing in the superior court, an application is made to the court for leave to present additional evidence before the zoning board of review and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the zoning board of review, the court may order that the additional evidence be taken before the zoning board of review upon conditions determined by the court. The zoning board of review may modify its findings and decision by reason of the additional evidence and shall file that evidence and any new findings or decisions with the superior court.

C. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the zoning board of review and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

D. The court shall not substitute its judgment for that of the zoning board of review as to the weight of the evidence on questions of fact. The court may affirm the decision of the zoning board of review or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:

    1. In violation of constitutional, statutory, or zoning code provisions;
    2. In excess of the authority granted to the zoning board of review by statute or zoning code;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

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17.116.030. Appeal of enactment of or amendment to zoning code.

A. An appeal of an enactment of or an amendment to the zoning code may be taken to the Newport County superior court by filing a complaint, as set forth herein, within thirty (30) days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the city or by any association of residents or landowners of the city. The appeal shall not stay the enforcement of the zoning code, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

B. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.

C. The review shall be conducted by the superior court without a jury. The court shall first consider whether the enactment or amendment of the zoning code is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those part of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the zoning code to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.

D. In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning code is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the city council, with its findings that a taking has occurred, and order the city to either provide just compensation or rescind the enactment or amendment within thirty (30) days.

E. The superior court shall retain jurisdiction, in the event that the aggrieved party and the city do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. Furthermore, the superior court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.

F. The court may, in its decision, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including the city.

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17.116.040. Stay of proceedings.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning officer or the agency from whom the appeal is taken certifies to the zoning board of review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the zoning officer's or the agency's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the official or agency from whom the appeal is taken on due cause shown.

[Preceding chapter]   [Table of Chapters]
Chapter 17.120. AMENDMENTS TO ZONING CODE

        Chapter Outline
        17.120.010. Amendment procedure.

[Preceding section]   [Chapter Outline]
17.120.010. Amendment procedure.

A. A proposal for adoption, amendment, or repeal of this zoning code or zoning map may be initiated by the city council on its own initiative or upon submission of a petition to the zoning officer. Immediately upon receipt of a petition for amendment the zoning officer shall refer the petition to the city council and the planning board. The planning board in mm shall notify and seek the advice of the department of planning, zoning, development and inspections and shall report to the city council within forty-five (45) days of the receipt of the petition giving its findings and recommendations. The council shall render a decision upon the proposal only after the completion of a public hearing, such hearing to be held within sixty-five (65) days of receipt of the proposal. The council shall render a decision within forty-five (45) days after the date of completion of the hearing. The provisions of this section pertaining to deadlines shall hot be construed to apply to any extension consented to by an applicant. Due notice of the public hearing shall be given in accordance with the provisions of Section 17.120.020 of this zoning code. No petition for amendment which has been rejected by the council shall be heard again within one year from the date of rejection, except that after six months, a rehearing may be granted if, on facts presented to the council in writing, council finds that a material change in the situation since the rejection justifies this action in the interest of the public as well as the petitioner.

B. Review by Planning Board. Among its findings and recommendations to the city council with respect to a proposal for adoption, amendment, or repeal of a zoning code or zoning map, the planning board shall:

    1. Include a statement on the general consistency of the proposal with the comprehensive plan including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and
    2. Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as outlined in Section 17.04.020.

C. Procedure. All petitions for amendments shall be submitted in writing at a regular meeting of council on forms prescribed by council and shall be accompanied by the following:

    1. A Map. For petitions concerning the zoning map, two copies of a map shall be submitted, drawn to scale of not smaller than two hundred (200) feet to the inch, covering the area of the proposed change and all areas in the city within five hundred (500) feet of the proposed change, and showing for such area the existing and proposed zoning district boundary lines, the existing lines and the names and addresses of the current property owners as indicated in the assessor's records.
    2. A Copy of the Text. For petitions concerning the text of this zoning code, a copy of the existing text and the proposed change shall be submitted in duplicate.
    3. A Fee. A check made payable to the city in an amount sufficient to cover the cost of advertising, shall be included.