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A. PURPOSE: The purposes of the Transition Zone (TZD) regulations are to: promote flexibility in design and permit planned diversification to the relationships between location of and types of uses and structures; promote the advantages of modern, large-scale site planning for community development through the efficient use of land, facilitating a more economic arrangement of buildings, circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities and to utilize such features in a harmonious fashion; providing for more usable and suitably located recreation facilities, and other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
B. ZONES PERMITTING TRANSITION ZONE DEVELOPMENT: A transition zone development may be permitted in any zone where it is listed as “permitted principal use,” provided, solely with respect to a new development and/or building or facility expansion, all conditions or provisions as set forth in this section are met and a public hearing is held in accordance with requirements of KRS Chapter 424 on the preliminary development plan.
C. GENERAL: Areas of land to be developed under the provisions of this section shall be controlled by the following general guidelines and requirements:
1. PERMITTED USES: All permitted uses within a TZD are determined by the provisions of this section and, with respect to new developments and/or expansion(s) of existing building(s) and facilities, the approved plan of the project concerned.
a. Residential Uses: Residential uses may be of a variety of types including single family, two-family and multi-family dwelling units.
b. Commercial, Service, Light Manufacturing, including eco-green manufacturing, Other Non-Residential Uses: Commercial, Service, Light Manufacturing, including eco green manufacturing, R&D and other non-residential uses are permitted in a TZD subject to, in the case of new developments and/or expansions of existing facilities, approval by the Planning and Zoning Commission. Such new development and/or expansion uses, their locations, and commercial area designs shall be compatible with the residential uses. This section encourages a mixture of residential support uses to improve economic development of the TZD, specifically, and to the community, in general. New development and/or expansion of Commercial, Service, business, R&D or Light Manufacturing including eco-green manufacturing uses shall be reviewed by the Planning Commission to determine the following:
(1) That the uses are necessary or desirable and are appropriate with respect to the purposes of this TZD section.
(2) That the uses are not of such nature or so located as to exercise a detrimental influence on the TZD nor on the surrounding neighborhood.
(3) That the areas and uses are planned as an integral part of the TZD.
(4) That the uses are located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.
c. Corporate, regional, and administration offices.
d. Industrial engineering consultant offices.
e. Laboratories, offices, and other facilities for research, both basic and applied, conducted by or for any industrial organization or concern, whether public or private.
f. Professional, medical, and dental offices.
g. School for business training.
h. Studios for professional work or teaching any form of fine art photography, music, drama, dance or gymnastics.
i. Testing laboratories.
j. Light manufacturing, except for those that decompose or detonate, consisting of the manufacturing, processing, packaging, or assembling of the following materials:
(1) Animated and/or illuminated billboards and other commercial advertising structures, and sign making, where such activities are wholly contained within fully enclosed structures.
(2) Candy and confectionery products, food and beverage products, except the rendering or refining of fats and oils excluding poultry and animal slaughtering and dressing.
(3) Cigars and cigarettes.
(4) Cosmetics, pharmaceuticals, and toiletries.
(5) Electric appliances, television sets, phonographs, household appliances.
(6) Electrical machinery, equipment and supplies.
(7) Woodworking, including furniture and cabinet making.
(8) Instruments of professional, scientific, photographic, and optical use.
(9) Metal products and metal finishing, excluding the use of blast furnaces or drop forgers.
(10) Musical instruments, toys, novelties, jewelry, rubber or metal stamps.
(11) Office equipment.
(12) Pottery and figurines, using only previously pulverized clay and kilns fired only with gas or electricity.
(13) Products from the following previously prepared materials; paper, glass, cellophane, leather, feathers, fur, precious or semi-precious metals, hair, horn, shell, tin, steel, wood, plastics, rubber, bone, cork, felt, fibers, yarn, wool, tobacco, where such materials and all of the activities related production of such materials are wholly contained within fully enclosed structures.
(14) Textile products including canvas and burlap, clothing, cotton products, hosiery and knitting mills, rope and twine.
(15) Laboratories, offices and other facilities for research, both basic and applied, conducted by or for any industrial organization or concern, whether public or private.
(16) Printing, engraving and related reproduction processes.
(17) Public utilities rights-of-way and pertinent structures.
(18) Publishing and distribution of books, newspapers, and other printed materials.
(19) Processing of food and related products where the materials and processing activities are wholly contained within fully enclosed structures.
(20) Catering establishments; breweries, distilleries, and wineries.
(21) Manufacture, repair, or assembly of machinery, equipment, or instruments, including, but not limited to, coding and labeling systems and machinery, packaging machinery.
(22) Manufacture of glass, glassware and pressed or blown glass.
(23) Movie Production facilities.
(24) Distribution and warehousing operations related to the above listed permitted uses.
Products may be finished or semi-finished and are generally made for the wholesale market, for transfer or other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Light manufacturing or production does not product excessive noise, dust, vibration, or fumes in excess of federal or state permitted standards. Painting and any printing processes may be allowed in the manufacturing process so long as all environmental and safety regulations are followed. The permitted uses contained herein are not meant or intended to be exhaustive. The Zoning Administrator shall be permitted to use discretion to determine if any use not specifically listed or defined herein shall be permitted within the Transition Zone without the necessity of making application before the Planning and Zoning Commission for approval and inclusion.
2. MINIMUM AREA REQUIREMENTS: The minimum area required for a new development within a TZD shall be a gross land area of ten (10) acres.
3. SETBACK REQUIREMENTS FOR NEW DEVELOPMENT/EXPANSIONS: The location of all structures shall be as shown on the final approved plat. Minimum lot size, front, rear, and side yard lines, and lot width shall be established by the Planning and Zoning Commission at the time of concept approval, consistent with the intent of this chapter and sound planning practices. Planning and Zoning Commission may be guided by standards set elsewhere in this section for comparable conditions and by common good practice. The relationship of buildings to each other, to the local street system, and to open space land shall be consistent with the intent of this section.
4. INTENSITY OF LAND USE: Because land is used more efficiently in a TZD, improved environmental quality can often be produced with a greater density of development per gross acre than usually permitted in a traditionally zoned district. The Planning and Zoning Commission shall determine in each case of new development or facility expansions the appropriate land use and density for projects or sections thereof.
a. Land use ratios of new development or facility expansions are to be determined based on the approved preliminary development plan.
5. COMMON PROPERTY: Common property in a TZD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants. When common property exists, the ownership of such common property may be either public or private. When common property exists, satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open spaces. The landowner shall provide for and establish an organization for the ownership and maintenance of any private common open space, and such organization shall not be dissolved nor shall it dispose of any common open space.
6. CONFLICT OF RESTRICTIONS: Wherever there is a conflict or difference between the provisions of this section and those of other sections of this ordinance, the provisions of this section shall prevail. Subjects not covered by this sections shall be governed by the respective provisions found elsewhere in this ordinance unless otherwise approved by the Planning Commission.
7. UTILITIES: All utilities, including communication and electrical systems within new developments shall be placed underground within the limits of a TZD. Appurtenances to these systems may be accepted.
8. STREETS: The design and designation of all streets, public or private, shall be subject to the approval of the Planning Commission where necessary. Because of the nature of a TZD and the intent of this section, the overall shape and dimension of new street right-of-way shall be at the discretion of the Planning and Zoning Commission.
9. COMMERCIAL DESIGN: The plan of a new development project shall provide for the integrated and harmonious design of buildings in commercial and industrial area and such parcels shall be developed in park-like surrounds utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas, and other features from the adjoining and surrounding residential areas.
10. Design guidelines for new developments shall be submitted to and approved by the Design Review Board along with the preliminary development plan approved by the Planning Commission.
D. APPLICATION AND APPROVAL PROCEDURES: Whenever a TZD is proposed, before a permit for the erection of a permanent building or building expansion(s) in such TZD shall be granted, and, if applicable, before a subdivision plat of any part thereof may be filed in the office of the Planning and Zoning Commission, the developer or his or her authorized agent shall apply and secure approval of such TZD in accordance with this section. Review of the project shall take place in three (3) phases. At the culmination of each phase, the applicant must receive the necessary approvals from the City of Newport Planning Commission prior to proceeding with subsequent review phases. Lack of sufficient or continuous progress as defined herein, either through or between phases, may lead to nullification of all approvals by the City of Newport Planning and Zoning Commission. Approval of any one phase does not guarantee approval of any subsequent phases.
1. PHASE I - CONCEPT APPROVAL:
a. Concept Plan: In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the applicant shall submit:
(1) A legal description of the metes and bounds of the parcel.
(2) An area map and/or aerial photograph showing adjacent property and existing uses within three hundred (300) feet of the proposed PUD parcel.
(3) A sketch plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:
a) The existing topographical features of the site;
b) General map of the watershed in which the project is to be located;
c) Location of the various uses and their areas in acres;
d) The general outlines of the interior roadway system and all existing rights-of-way and easements whether public or private;
e) Delineation of the various residential and non-residential areas, indicating for each area, its general extent, size, and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;
f) Calculation of the residential density in dwelling units per gross acre including interior roadways;
g) The interior open space system;
h) Where portions of the site are subject to flooding, the map shall indicate extent and frequency;
i) Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
j) General description of the availability of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and how these facilities are affected by these proposals;
k) Evidence that the proposed TZD is compatible with the goals of the city’s Official Comprehensive Plan;
l) General statement as to how common open space is to be owned and maintained;
m) If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the sketch plan shall show the intended total project.
b. The Planning and Zoning Commission shall review the concept plan and its related documents at a public hearing and shall render a written report to the applicant within fifteen (15) days of the public hearing. The Planning Commission may call upon other public or private entities to provide a sound review of the proposal. The Planning and Zoning Commission may require preliminary approval from other city or state agencies. The Commission need only concern themselves with general conceptual merit, and in no way shall commit any future acceptance or rejection of detailed design elements required in subsequent phases of plan review. The written report shall include the following:
(1) Whether the proposal meets the intent and objectives of this PUD section;
(2) Whether the proposal is conceptually sound in that it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the developed elements;
(3) Whether there are adequate services and utilities available or proposed to be made available in the construction of the project.
c. If the Planning and Zoning Commission grants approval or approval with conditions of the proposed PUD conceptual plan, then the applicant may proceed to Phase II.
E. PHASE II - PRELIMINARY PLAT PETITION:
1. APPLICATION FILING AND PUBLIC NOTIFICATION: After having received approval of the proposed TZD conceptual plan, the applicant, with respect to a new development, building or facility expansion, may then proceed to Phase II of the approval process. Application for preliminary plat approval shall be submitted to the City of Newport Planning and Zoning Commission. The proposed preliminary plat and any supportive documents shall be filed with Planning and Zoning Commission Office at least fifteen (15) days in advance of the public hearing at which the proposed plat is to be reviewed. The applicant shall meet all Planning and Zoning Commission public hearing requirements as set out in KRS Chapter 424.
2. CONTENTS OF PRELIMINARY PLAT: The preliminary plat shall be filed in three (3) copies at a scale not greater than 1"=100' and include the following:
a. An area map showing the applicant’s entire holding, that portion of the applicants property under consideration, and all properties, subdivisions, streets and easements within three hundred (300) feet of the applicant’s property.
b. A topographic map of the entire area showing contour intervals of not more than five (5) feet of elevation shall be provided. Where existing ground is on a slope of less than two percent (2%), the plan shall show either one (1) foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in all directions.
c. A preliminary site plan including the following information:
(1) Title of drawing, name of project, name and address of applicant.
(2) The land use plan identifying existing and proposed uses and building by type, location, quantity, design, floor area, and density of specific sections and the project in total.
(3) North point, scale and date.
(4) Existing and proposed watercourses.
(5) Street layout and design.
(6) The open space plan and planned sites for schools, recreation areas, community centers, and other public improvements where applicable.
(7) Location of all existing or proposed site and off-site improvements, including drains, ditches, culverts, retaining wails, and fences; descriptions and location of method of sewage disposal and water supply; location and size of all signs (street name and traffic control); location and design of street and parking lighting; and the amount of building area proposed for non-residential uses, if any.
(8) A plan for phasing the construction of the project, showing the geographical coverage of future plats, their approximate sequence of development, and the tentative timetable for development. It is the intent of this section that the tempo and sequence of development in a PUD be such that land uses which provide only moderate local revenues, yet require large municipal and school service costs, are scheduled simultaneously with those that provide larger local revenues yet which are not as costly to service.
d. The Planning and Zoning Commission may require, if all or part of the gross land area of the PUD has moderate to high susceptibility to flooding, a transparent overlay showing all soils, areas, and their classifications; as well as those areas susceptible to flooding, or moderately or highly susceptible to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage.
3. FACTORS FOR CONSIDERATION: The Planning and Zoning Commission’s review of a preliminary site plan, for a new development or building or facility expansion shall include, but shall not be limited to, the following considerations:
a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, signs, and traffic controls.
b. Adequacy and arrangement of pedestrian traffic access and circulation; separation of pedestrian from vehicular traffic; and pedestrian convenience.
c. Location, arrangement, appearance, and sufficiency of off-street parking and loading.
d. Location, size, and placement of buildings, lighting and signs.
e. Type and arrangement of landscape features.
f. Adequacy, location, and size of storm water and sanitary waste disposal facilities.
g. Adequacy of structures or roadways in areas with moderate to high susceptibility to flooding, pending, or erosion.
h. Conformance with other specific requirements of the Planning and Zoning Commission, which may have been stated in the PUD conceptual plan approval.
i. In its review, the Planning and Zoning Commission may consult with the City Engineer, other departments or officials, as well as with the representatives of federal and state agencies such as the Soil Conservation Services, or Department of Natural Resources. The Planning and Zoning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety, and general welfare.
j. That property adjacent to the proposed development will not be adversely affected.
4. ACTION ON PRELIMINARY PLAT PLAN: Within thirty (30) days of the public hearing at which the preliminary plat is submitted for approval, the Planning and Zoning Commission shall act on it. If no decision is made within said thirty (30) day period, the preliminary plat plan shall be considered conditionally approved. The Planning and Zoning Commission's actions shall be in the form of a written statement to the applicant stating whether or not the preliminary plat plan is conditionally approved. A copy of the appropriate minutes of the Planning and Zoning Commission shall be sufficient report.
5. The Planning and Zoning Commission’s statement may include recommendations as to desirable revisions to be incorporated into the final plat plan, of which conformance with shall be considered a condition of approval. However, such recommendations shall be limited to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the conceptual plan proceedings. If the preliminary plat plan is disapproved, the Planning and Zoning Commission’s statement shall contain the reasons for such findings. In such a case the Planning and Zoning Commission may recommend further study of the plat plan and re-submission of the preliminary plat plan to the Planning and Zoning Commission after it has been revised.
F. PHASE III - FINAL DEVELOPMENT PLAN AND FINAL PLAT REQUIREMENTS:
1. APPLICATION FOR FINAL DEVELOPMENT PLAN APPROVAL: After receiving the conditional approval from the Planning and Zoning Commission on a preliminary plan and approval for all necessary permits and curb cuts from city and/or state officials, the applicant may prepare his or her final Development Plan and submit it to the Planning and Zoning Commission for final approval. The Final Development Plan shall conform substantially to the preliminary plat plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Planning and Zoning Commission during concept plan and preliminary plat and review procedures.
2. FINAL PLATTING PROCEDURES: The elements of the final plat shall consist of:
a. Plat or plats of the subject property drawn to a scale of not greater than one (1) inch equals one hundred (100) feet, suitable for recording and which will be recorded in the office of the County Clerk, after final approval by the Planning and Zoning Commission. The plat or plats shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning and Zoning Commission, and in addition to the following:
(1) All areas reserved for common ownership with an indication of the properties the owners will share in common.
(2) Such lot or parcel lines indicting tracts, which are, now in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval);
(3) Indication of areas to be developed for residential (by type of housing unit), commercial, public and semi-public uses.
b. In addition to and along with the final plat, the applicant shall also submit a final development plan, at a scale of not greater than one (1) inch equals one hundred (100) feet, which shall set forth, identify, and locate the following:
(1) The proposed finished grade of the subject property shown by contours with intervals not larger than two (2) feet supplemented where necessary, by spot elevations;
(2) All walks, mats, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, and the like.
(3) The location and type of all walls, fences, screen plantings, and landscaping;
(4) The location, size, height, and orientation of all signs;
(5) The types of surfacing proposed on the various off-street parking, and driveways including cross sections and drainage plans;
(6) Location and cross section drawings of all proposed streets, highways, alleys, and walkways, indicating the proposed surfacing and drainage plans;
(7) A plan showing all existing and proposed utilities, indicating, where applicable, pipe sizes, types, and grades;
(8) A drainage plan of the natural and storm sewer system of the area showing size and location of each existing and proposed structure, the approximate volume of runoff water generated by development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion, hillside slippage, and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
(9) Plans and drawings required above may be combined in any suitable and convenient manner so long as the data required is clearly indicated on one or more of said plans. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
(10) A final schedule of development staging and phasing as set forth elsewhere in this chapter.
(11) Sketches of the exteriors of several representative buildings in the project. It is intended that neither uniformity of architectural style nor unnecessary diversity thereof be a prerequisite to approval, but the developer is encouraged to exercise ingenuity in achieving a harmonious entity without undue attention to consistency. The purpose of this subsection is to permit development flexibility greater than that permitted by other sections of this section.
c. The Final Development Plan: After approval by the Planning and Zoning Commission, shall be delivered to the Zoning Administrator, who shall grant permits only in accordance with the approved development plan and other plans as required by this section.
G. SUPPLEMENTAL REGULATIONS:
1. PROCEEDINGS: All proceedings brought under this section shall be subject to the rules of procedure of the Planning and Zoning Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of preliminary plat plans and final plat plan.
2. MODIFICATION: In the exercise of its continuing jurisdiction, the Planning and Zoning Commission may, from time to time, modify the approved final plat plan in a manner consistent with the approved preliminary plat plan to allow for changed circumstances and conditions unforeseen at the time of the original approval.
3. REQUEST FOR CHANGES: If in the development of the site, it becomes apparent that certain elements of the plan are not feasible and in need of significant modification, the applicant shall then present his or her solution to the Planning and Zoning Commission. The Planning and Zoning Commission shall then determine whether or not the modified plan is still in keeping with the intent of the Comprehensive Plan and zoning district with respect to the specific property. If a negative decision is reached, the site plan shall be considered as disapproved. The applicant may then produce another site plan solution. If an affirmative decision is reached, the Planning and Zoning Commission shall so notify the Zoning Administrator, stating all of the particulars of the matter and authorizing the modifications as approved.
4. EXPIRATION OF APPROVAL: Approval by the Planning and Zoning Commission shall expire after a period of five (5) years from the approval of the TZD’s Development Plan unless the development is fifty-one percent (51%) completed in terms of public improvements such as power, gas, water, and sanitary sewers, in which latter instance an extension of time may be granted by the Planning and Zoning Commission not to exceed five (5) successive periods of two (2) years each.
5. RECORDING: All approved final plat plans and modifications thereof shall be recorded in the appropriate plat books in the office of the County Clerk after approval by the Planning and Zoning Commission.
(Am. Ord. O-2008-020, passed 9-8-2008; Am. Ord. O-2014-003, passed 3-24-2014; Am. Ord. O-2014- 021, passed 12-15-2014)
A. GENERAL PURPOSE: The purpose of the Sign Overlay District is to enhance the unique character and identity of the area by encouraging iconographic and inventively illuminated graphics and signage that establish Newport, Kentucky as “the” entertainment destination center for the region.
B. OVERALL DESCRIPTION: These provisions shall apply to the Sign Overlay District and signs may be erected, altered and maintained for the uses permitted in the underlying zone and may be used for outdoor advertising devices.
C. BOUNDARIES OF SIGN OVERLAY DISTRICT: The boundaries of the Sign Overlay District are the same as the boundary of the RFD zone, west of Washington Street, as depicted on the official zoning map.
D. MEDIA AND SIGN TYPES: The following wall, window, ground, arcade, roof, freestanding and projecting signs and media may be permitted within the Sign Overlay District. Fascia Mounted, Pre-Printed Media, Blade, Hanging, Painted Wall, Window Graphics, Pan Channel Lettering, Electronic Message Center, Fiber Optic Display, Kinetic, Sculptural, Neon, Scrim/Translucent/Mesh Material, Marquee, Projected Light, Tri-Vision, Sign with 3D Extension, Monument and Kiosk signs (“Signs”).
E. PERMITTED SIGN LOCATIONS AND DIMENSIONS: Signs will be permitted on the building facades as shown on the attached approved diagrams (“Approved Signs”), made a part hereof and incorporated by reference and limited to the percentage of the total square footage areas set forth in the Facade Coverage indications as to each. The inclusion of any new diagrams and Signs in the Sign Overlay District shall require a public hearing before the Planning and Zoning Commission before approval and submission to the Board of Commissioners. Ground signs, if approved, shall have a maximum height of 30 feet and must be located within 10 feet of an existing building structure.
F. PERMITTED ILLUMINATION: Application of media and Signs may be illuminated, provided those Signs visible from highways abide by any existing regulations as stipulated by the U.S. Department of Transportation.
G. SIGN APPROVAL:
1. Signs within a development, either internally projecting or facing the interior of a project, such as Newport on the Levee, which may or may not be visible from the exterior of a project (“Interior Facing/Oriented Signs”) are permitted and may be animated.
2. Any Application (“Application”) for a permit for any Interior Facing/Oriented Sign shall be submitted to the Zoning Administrator for approval and issuance of a permit. In the event that an Application is denied by the Zoning Administrator, an appeal of the denial shall be made to the Planning and Zoning Commission within 30 days of the action of the Zoning Administrator.
3. Any Application for a permit for any Sign on the exterior facades (“Exterior Signs”) shall be submitted to the Zoning Administrator for review, who shall then, along with his or her recommendation, submit the Application to the Urban Design Review Board (“Board”) for review and approval. The Board shall, when considering such request, review and apply the purposes set forth in the Sign Overlay District and make such decision in the spirit thereof. The Application for an Exterior Sign shall include the proposed location, size and type of Sign(s) requested. In the event the Board shall approve the same, the Zoning Administrator shall then issue the requisite permit. In the event any such Application is denied by the Board, an appeal shall be made to the Planning and Zoning Commission within 30 days of the action of the Board.
4. If an Application is denied, a new Application with a revised plan may be submitted at any time.
5. Any stylistic change as to the types of Exterior Signs which are not included in the Approved Signs shall be submitted to the Board for approval.
H. MINOR DEVIATIONS TO THE APPROVED APPLICATION: The Zoning Administrator may authorize minor deviations from the approved Application or the approved plan for individual signs, including, but not limited to, when such deviations appear necessary in light of technical or engineering advances.
I. CONFLICT BETWEEN PROVISIONS: In the event of any conflict between these provisions and the provisions of the Zoning Ordinance, the provisions of the Sign Overlay District shall prevail; provided, however, pre-existing signs within the Sign Overlay District will be administered in accordance with the applicable sign sections in the Zoning Ordinance.
(Am. Ord. O-2020-021, passed 11-16-2020)
Site Specific Signs NOTL
Location: East Facade Galleria Building
Facade Coverage: Sign[s] must occur within the defined shaded area.
Roof Line notes: No sign will extend above roofline
Approved Sign Types: Pre-Printed Media, Painted Wall, Scrim/Translucent/Mesh Material, Projected Light, Pan Channel, Fascia Mounted
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Location: North Facade Galleria Building
Facade Coverage: Sign[s] will not exceed 35% of the total square footage of the building’s north facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] may NOT exceed roofline [The current Newport sign will remain alone on the roof]
Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering, Scrim/Translucent/Mesh Material, Projected Light.
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Location: North Facade Building C [Barnes & Noble, Mitchell’s]
Facade Coverage: Sign[s] will not exceed 35% of the total square footage of the building s north facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] may exceed roofline by no more than 20 feet
Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering Scrim/Translucent/Mesh Material, Projected Light, which shall be for a single advertiser and which shall enhance the architectural relevance and integrity of the building’s structure.
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Location: West Facade Imax Building
Facade Coverage: Sign[s] will not exceed 80% of the building’s west facing facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] will not exceed roofline
Approved Sign Types: Pre-Printed Media, Painted Wall, Projected Light, Sign with 3D Extension.
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Location: South Facade Imax Building
Facade Coverage: Sign[s] will not exceed 90% of the building's south facing facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] will not exceed roofline
Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering Projected Light, Sign with 3D Extension.
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Location: South Facade Galleria Building
Facade Coverage : Sign[s] will not exceed 30% of the square footage of the buildings’ south-facing facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] will not exceed roofline
Approved Sign Types: Pre-Printed Media, Blade, Painted Wall Scrim/Translucent/Mesh Material, Projected Light, Sign with 3D Extension.
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Location: West Facade Galleria Building
Facade Coverage: Sign[s] will not exceed 30% of the square footage of the building’s west facing facade and must occur within the defined shaded area.
Roof Line notes: Sign[s] will not exceed roofline
Approved Sign Types: Pre-Printed Media, Painted Wall, Electronic Message Center Projected Light, Sign with 3D Extension.
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Location: West facing facade of Banding C [Barnes and Noble, Mitchell’s & Brothers]
Facade Coverage: Sign[s] to be placed on the building’s facade, within the defined shaded area
Roof line notes: Sign[s] may not be placed on the roof of the 1 story structure
Approved Sign Types: Facia Mounted, Pre-Printed Media, Painted Wall, Electronic Message Center, Scrim/Translucent/Mesh Material, Projected Light, Sign with 3D Extension
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Location: East Facade Imax Building [current sign ]
Sizes: Approximate square footage of existing sign 1,125 [45' X 25'] and must occur within the existing sign support structure
Roof Line notes: Sign currently exceeds roofline
Approved Sign Types: Pre-Printed Media, Electronic Message Center, Projected Light, Sign with 3D Extension
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Location: North Facade Music Venue Building
Facade Coverage: Sign[s] must occur within the defined shaded area
Roof Line notes: No sign will extend above roofline
Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters, projected light, sign with 3D extension, blade sign, projecting signs
Sizes: Blade or projecting signs may not exceed 44 square feet in size, and are limited to one per street facing facade. Blade/projecting signs are not restricted to the defined shaded area.
Facade Coverage: Sign[s] will not exceed 35% of the square footage of the buildings' north-facing facade and must occur within the defined shaded area.
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Location: West Facade Music Venue Building
Facade Coverage: Sign[s] must occur within the defined shaded area
Roof Line notes: No sign will extend above roofline
Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters
Facade Coverage: Sign[s] will not exceed 50% of the square footage of the buildings' west-facing facade and must occur within the defined shaded area.
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Location: South Facade Music Venue Building
Facade Coverage: Sign[s] must occur within the defined shaded area
Roof Line notes: No sign will extend above roofline
Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters
Facade Coverage: Sign[s] will not exceed 35% of the square footage of the buildings' south-facing facade and must occur within the defined shaded area.
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ARTICLE X
ZONING REGULATIONS
ZONING REGULATIONS
The purpose of the Conservation District is to preserve key areas of open space along the riverfront as well as other areas within the City where preserving an open view or natural amenity and/or floodplain area benefits the community. The conservation district provides an area within which parks, recreation or agricultural use of open space is permissible.
A. USES PERMITTED:
1. Open spaces or natural habitats.
2. Privately or publically owned and/or operated parks and/or recreation or amusement/attraction areas, including public swimming pools.
3. Eating and drinking places.
4. Hotels, offices, and/or residential uses so long as such uses are part of a Master Development Plan for the site, as approved by the Planning Commission and Board of Commissioners.
5. Museum.
B. ACCESSORY USES:
1. Customary accessory buildings and uses.
2. Fences and walls as regulated by Article XII of this Ordinance.
3. Signs as regulated by Article XV of this Ordinance.
C. CONDITIONAL USES: No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved of by the Board of Adjustment as set forth in SECTION 9.13 of this Ordinance.
The following uses are permitted facilities in or adjacent to navigable waters of the Corp of Engineers, and Division of Water, State Department of Natural Resources, and such statement of approval or denial shall be submitted to the Board of Adjustment at the time of submittal for a conditional zoning certificate.
1. Boat Harbors and Marinas The following uses shall be permitted as accessory uses in connection with any boat harbor or marina and primarily intended to serve only persons using the boat harbor or marina.
a. boat fueling, service and repairs
b. sale of boat supplies
c. grocery store
d. restaurant
e. clubhouse and lockers
2. Public boating landing or launching facilities
3. Dockage facilities
4. Off street parking facilities and/or temporary parking of boat trailers including spaces large enough to accommodate automobiles pulling boat trailers.
D. AREA AND HEIGHT REGULATIONS: No building shall be erected or structurally altered hereafter except in accordance with a development plan as reviewed and approved by the Newport Planning and Zoning Commission.
E. OTHER DEVELOPMENT CONTROLS:
1. All "Uses Permitted" and "Conditional Uses" permitted in this zone shall require a certificate of approval from the City Engineer, certifying his approval of the type of the manner of construction to be built (ensuring that such construction shall not cause flood hazards, soil erosion, adverse changes in the natural drainage courses or unnecessary destruction of natural features) which completed certificate shall be submitted to the appropriate officer of Board of Commissioners, as required herein, at the time of request.
2. Off street parking and loading or unloading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
3. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed metal containers.
4. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right of way or into any residential zone.
5. Where any yard of any uses permitted in this zone abuts a residential zone, a minimum yard requirement of ten (10) feet from each side and/or rear yard, which abuts, said zone shall be provided, ten (10) feet of which shall be maintained by a screening area as regulated by SECTION 9.16 of this Ordinance.
6. No use producing objectionable odors, noise, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
7. A development plan, as regulated by SECTION 9.19 of this Ordinance, shall be required for any use permitted in this zone.
(Am. Ord. O-2017-009, passed 6-19-2017)
A. DISTRICT DEFINED:
1. R-1 RESIDENTIAL ONE ZONE: The R-1 Zone is intended to be limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only uses permitted in this district are those, which would not detract from the residential character of the neighborhood. Conversion of existing structures should be discouraged. Densities in this area should generally be below ten (10) units per acre. New residential developments under this zone should however, be discouraged at densities above seven (7) units per acre. The purpose of this district is to create an attractive, stable and orderly single-family residential environment.
2. R-2H RESIDENTIAL TWO HILLSIDE ZONE: The R-2H Zone is intended to stabilize and protect the urban residential character within areas of the southern section of the city by permitting a higher density of single-family residences. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely.
In-fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 10 to 17 units per acre.
3. R-2 RESIDENTIAL TWO ZONE:
The R-2 Zone is intended to stabilize and protect the urban residential character within the older eastern section of the City by permitting a mixture of single and two-family residences, and selective types of existing neighborhood retail and service establishments as defined herein. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely. Conversion of structures should be appropriate only when the size of the structure and land surrounding it allow such renovation. In fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 10 to 17 units per acre.
4. R-3 RESIDENTIAL THREE ZONE:
The R-3 Zone is intended to stabilize and protect the urban residential character within the older western section of the City by permitting a mixture of single and two family residences, and selective types of existing neighborhood retail and service establishments. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely. Conversion of structures should be appropriate only when the size of the structure and land surrounding it allow such renovation. In fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 12 to 21 units per acre.
5. R-4 RESIDENTIAL FOUR ZONE:
The R-4 Zone is intended to provide a district within which medium density two family, three family and multi family dwelling units are permissible along with public or semi-public uses which are normally associated with residential neighborhoods. Density shall not exceed 10 units per acre.
6. R-5 RESIDENTIAL FIVE ZONE: The R-5 Zone is intended to provide a district within which high-density multi family dwelling units are permissible. This zone also allows a mixture of ancillary retail or office uses that would compatibly serve the residential neighborhood created through this district. New development would be encouraged as townhouses or apartment/condominiums on in fill sites. Rehabilitation of existing larger structures (retail, institutional and residential) would be encouraged as residential space. Single family residential and large scale commercial development should be discouraged. Densities shall not exceed 1 (one) unit per 2,178 square feet.
B. PERMITTED USES:
1. The permitted uses for each zone are shown in the following Table. Uses listed for the five residential zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. The permitted uses contained herein are not meant to be exhaustive. The Zoning Administrator shall be permitted to use discretion to determine if any use not specifically listed or defined herein shall be permitted within the District without the necessity of making application before the Planning and Zoning Commission for approval and inclusion.
TABLE 4
PERMITTED USES: RESIDENTIAL ZONES
R-1 | R-2H | R-2 | R-3 | R-4 | R-5 | PERMITTED USES: |
P | P | P | P | X | X | Single Family Dwelling (Detached) |
X | P | P | P | P | P | Single Family Dwelling (Attached) |
X | X | P | P | P | X | Two Family Dwelling |
X | X | X | X | P | P | Multi Family Dwelling |
P | P | X | X | P | P | Planned Unit Development |
(P-Signifies Permitted Uses; X-Signifies Uses Not Permitted) |
2. In the R-2 and R-3 zones existing single family residential structures may be converted to provide two (2) dwellings units for use by two families, provided that a minimum lot area of 4,000 square feet is maintained in the R-2 Zone and a minimum lot area of 3,500 square feet is maintained in the R-3 Zone. The entire building when so converted shall comply with all the requirements of the Building Codes of the City of Newport, which are applicable to newly constructed multi-family dwellings.
3. Specially permitted uses shall be allowed in the R-2 and R-3 zones provided said uses complies with all requirements for permitted uses and any special provisions as noted in this section.
a. All special permitted uses must be located in an existing structure, originally constructed for neighborhood business purposes.
b. The existing structure shall not be expanded.
c. The following neighborhood and service establishments are special permitted uses: delicatessen, drug store, barber shop, grocery store, barber and/or beauty shop, shoe repair store, ice-cream store, laundry and/or dry cleaning establishments, candy or pastry stores, newspaper and magazine store, arts and crafts store, book, card, stationary store, craftsman or artisan shop.
d. Professional Offices such as attorneys, accountants, architects and the like will also be conditionally permitted within the R-2 and R-3 zones provided they meet all other regulations contained herein as well as receive permission from the Board of Adjustments.
C. ACCESSORY USES:
1. The following accessory uses are permitted in all residential zones:
a. Customary accessory buildings and uses.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
2. In the R-5 Zone, the following uses, included within and entered from within any use permitted in this zone primarily as a convenience and for the service of the occupants thereof, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
a. Barber shop
b. Beauty shop
c. Bookstore and/or newsstand
d. Bowling alley
e. Flower shop
f. Gymnasium
g. Hobby shop
h. Indoor outdoor swimming pool
i. Pharmacy and/or drug store
j. Professional offices
k. Snack bar
D. CONDITIONAL USES:
1. In all residential zones, no building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory building or uses be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance. No alterations, additions or expansion of the existing structure or property shall be permitted until approved by the Planning Commission as set forth in Section 9.19 of this Ordinance. All conditional uses under Item #1 are to be located in existing structures except where otherwise stated.
a. Churches and other buildings for the purpose of religious worship, providing they are located adjacent to an arterial street.
b. Institutions for higher education providing they are located adjacent to an arterial street.
c. Institutions for human medical care hospitals, clinics, and sanitariums, convalescent homes, nursing homes, group homes, and homes for the aged providing they are located adjacent to an arterial street and that such uses shall be subject to the requirements of the Property Maintenance Code and Section 9.19 of this Ordinance.
d. Nursery school.
e. Public and parochial schools.
f. Publicly owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools (as regulated under Section 9.18 of this Ordinance), and libraries.
g. Recreational uses other than those publicly owned and/or operated as follows:
(1) golf courses;
(2) country clubs;
(3) semi public swimming pools; and
(4) other similar recreational uses, which will compliment recreation programs, offered by the City, or by schools within the City.
2. In the R-2, R-3, R-4, and R-5 Zones, the following additional conditional uses shall be permitted subject to the requirements of Section 9.13:
a. Government offices.
b. Police and fire stations providing they are located adjacent to an arterial street.
c. Funeral homes, providing they are located adjacent to an arterial street.
3. In the R-2 and R-3 Zones, the following additional conditional uses shall be permitted subject to the requirements of the Section 9.13:
a. Institutions devoted to the creative and performing arts, such as theatrical production, art studios and dance studios.
b. Youth shelters, provided that the total number of occupants, including a resident manager, shall be subject to the requirement of the property maintenance code.
c. Nonprofit, non-residential human services whose primary service recipients are citizens of Newport and provided further that no overnight sleeping accommodations are offered.
d. Non-profit, charitable support clubs whose primary purpose is the giving of support through fellowship counseling and education to member(s) who must be limited to individuals facing and/or overcoming a recognized physical or emotional illness and to families of said member(s). Such club(s) may not permit the use of alcohol or drugs on its premises, nor shall a clinic be permitted. No residential or sleeping accommodations shall be allowed at any time on the premises. Food preparation or the dispensing of prepared meals or food products, including food pantries, shall not be permitted.
4. To promote the additional reuse of non-residential structures in the R-2 and R-3 zone, professional office uses may be conditionally permitted as defined herein. Professional offices may be conditionally permitted in residential zones under the CCO District. Provided they meet all other requirements of this ordinance. In addition to the requirements of Section 9.13 (Conditional Buildings and Uses) of this Ordinance, adaptive reuse of existing non-residential structures shall be governed by the following:
a. Section 9.16 Screening Area
b. Section 9.19 Development Plan Requirements
c. Article XII Fences, Walls and Obstruction to View Regulations
d. Article XIII Off-Street Parking and Access Control Regulations
e. Article XV Sign Regulations
5. In the R 2 Zone, Bed & Breakfast Inns (B&B) shall be permitted as a conditional use subject to the requirements of Section 9.13 and approval by the Board of Adjustments. Once approval of the Board of Adjustments has been secured, the following additional standards must be met prior to the issuance of a Certificate of Occupancy for a B & B:
a. The principal residential structure shall not be physically altered to accommodate a Bed & Breakfast Inn.
b. Any principal residential structure to be utilized as a Bed and Breakfast Inn shall meet minimum lot size requirements as established by the zone district in which the structure is located.
c. The owner/operator of the Bed and Breakfast must live within the principal structure housing the Bed and Breakfast Inn.
d. Bed and Breakfast Inns shall be operated within the principal residential structure, and shall be a secondary use to the primary private residential use. Accessory structures are not permitted to be used for Bed and Breakfast operations.
e. The total floor area dedicated to the Bed and Breakfast shall not exceed thirty percent of the total gross usable floor area of the principal residential structure.
f. Each room of a Bed and Breakfast Inn unit shall not be less than one hundred square feet in area.
g. Each Bed and Breakfast Inn shall be permitted one class one (1) non illuminated identification sign, to be erected as a wall sign, located in the immediate vicinity of the main entrance and shall not exceed two (2) square feet in dimension.
h. One off street parking space shall be provided for each Bed and Breakfast Unit and shall comply with Article 13 of the Newport Zoning Code.
i. No person or persons shall be employed directly or indirectly in a Bed and Breakfast Inn other than the owner/operator or resident family member, or a part time cleaning person working less than six hours per week.
j. Breakfast may be provided, however, no food preparation shall be permitted in the Bed and Breakfast Inn units.
k. All Bed and Breakfast guests shall register in advance. No drop in guests are permitted.
l. The maximum length of a continuous stay for a guest is one week, and shall not exceed twenty one days within a calendar year.
m. The owner/operator of the Bed and Breakfast shall obtain a business license through the City of Newport.
E. AREA AND HEIGHT REQUIREMENTS: residential zones shall be subject to the area and height requirements as shown in the following table:
TABLE 5 AREA AND HEIGHT REQUIREMENTS: RESIDENTIAL ZONES | ||||||||
Unit Type | Units Per Acre | Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Width | Min. Rear Yard | Max Bldg. Height |
TABLE 5 AREA AND HEIGHT REQUIREMENTS: RESIDENTIAL ZONES | ||||||||
Unit Type | Units Per Acre | Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Width | Min. Rear Yard | Max Bldg. Height | |
SQF | LF | LF | LF | LF | LF | |||
DISTRICTS: | ||||||||
R-1 | SF | 6 | 5,000 | 50 | 30 | 10 | 25 | 35 |
R-2H | SF | 17 | 2,500 | 25 | 10 | 3*** | 25 | 35 |
R-2 | SF | 17 | 2,500** | 25 | 10 | 3*** | 25 | 35 |
TF | 10 | 4,000 | 50 | 10 | 3*** | 25 | 35 | |
R-3 | SF | 21 | 2,000** | 25 | 10 | 3*** | 25 | 35 |
TF | 12 | 3,500 | 40 | 10 | 3*** | 25 | 35 | |
R-4 | TF | 15 | 2,000 | 40 | 10 | 3 | 25 | 35 |
MF | 10 | 20,000 | 100 | 40 | 15 | 30 | 40 | |
R-4 (CCO) | MF | * | * | * | * | * | * | *____ |
R-5 | MF | 20 | 43,560 | 150 | 40 | 15 | 30 | **** |
SQF Square feet
LF Linear Feet
SF Single Family
TF Two Family
MF Multi Family
* Subject to Development Plan Review
** Except the minimum lot area shall be 4,000 square feet for the adaptive reuse of existing non-residential structures in the R-2 zone and 3,500 square feet R-3 zone.
*** This side yard requirement applies to any one side thus allowing a zero lot line on the other side.
**** The maximum building height in the R-5 district is 6 stories.
F. OTHER DEVELOPMENT CONTROLS:
1. All residential districts shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
b. No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
c. Garage, private as defined in Article VII.
d. No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.
e. Where any yard of any conditional use permitted in residential zones abut property in a single-family zone, the conditional use shall be subjected to the screening and transitional yard requirements of Section 9.16.
2. The R-2 and R-3 Residential districts shall be governed by the following additional development controls:
a. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
b. Article XIII Parking, most specifically the requirements for off street parking as defined in Section 13.2, paragraph C.
(Am. Ord. O-04-05, passed 5-17-2004; Am. Ord. O-2016-024, passed 12-12-2016; Am. Ord. O-2019- 023, passed 9-23-2019)
A. DISTRICT DEFINED:
1. Central Business District Zone - the CBD Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of a fully developed community. In general, to achieve maximum flexibility of permitted land use, the CBD Zone makes possible a highly varied grouping of retail and business functions.
2. Neighborhood Commercial Zone - the NC Zone is created to provide for local or neighborhood business uses that will be compatible with adjoining residential areas. The NC Zone is designed to provide for commercial, office, public and semi public structures, which are to be typically much less commercial in appearance and architecturally more harmonious with residential structures. This zone can serve as a buffer between residential areas and general business districts (such as the CBD or Shopping Center Areas) where a gradual transition from existing residential use to general business use is occurring or should occur.
3. Shopping Center Zone - the SC Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of the community and larger region. This zone provides for commercial uses that are compatible with the existing commercial character of outlying highways and arterials.
4. Professional Office Zone - the PO Zone is designed to allow a "mix" of business and professional office establishments with existing dwellings along major thoroughfares that are undergoing a transition in use from residential to higher intensity commercial and office uses. The purpose of this Zone is to allow for extensive rehabilitation of residential structures for business and professional office purposes.
5. Riverfront District - the RFD is designed to capitalize on proximity of the Ohio River. A mixture of office and residential high-rise buildings along with supporting retail establishments are to be encouraged in this district. This district encompasses the area between 3rd Street and the riverfront.
6. Central Business District Fringe - the CBDF District is designed as a transitional zone that encourages appropriate conversion and adaptive reuse of existing residential structures for mixed uses; including office, residential and retail. This district encompasses the 11th Street corridor and neighborhoods on the perimeter of the existing CBD.
B. PERMITTED USES:
The permitted uses for each zone are shown in the following Table. Uses listed for the six commercial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
TABLE 6
PERMITTED AND CONDITIONAL USES: COMMERCIAL ZONES
PERMITTED AND CONDITIONAL USES: COMMERCIAL ZONES
NOTE: P signifies permitted use; X signifies not permitted; C signifies conditional uses.
DISTRICTS |
DISTRICTS | ||||||
CBD | NC | SC | PO | RFD | CBDF | 1. RETAIL CONVENIENCE GOODS AND/OR SERVICE ESTABLISHMENTS |
P | P | P | X | P | P | A. Art supplies, Candy Store, Drug Store, Hardware Store and/or Garden Supplies, Florist, Grocery, Retail Bakery Sales or other food Store, Lunch Counter or Soda Fountain, Delicatessen or Restaurant (excluding Drive-Ins) and Bookstore. |
P | P | P | P | P | P | B. Outdoor dining areas as an accessory to Indoor dining and excluding use of the right-of-way. |
X | X | P | X | X | X | C. Drive-In Restaurants or Premises used for the sale, dispensing or serving of food or beverages outdoors or where customers may serve themselves or carry out and consume the food refreshments or beverages on the premises. |
X | C | P | X | X | X | D. Gasoline Service Station, Tire and Auto Service Center, limited to indoor service bays only. |
X | C | C | X | X | X | E. Convenience Stores with Retail Gasoline Sales. |
2. PERSONAL SERVICE ESTABLISHMENTS | ||||||
P | P | P | P | P | P | A. Barber Shops, Beauty Shops, Funeral Homes, Dry Cleaning and Laundry Pick-up Stations, Radio and Television Service, Photography Studio and Travel Bureau. |
X | X | P | X | X | X | B. Pawn Shop, Rent to Own Stores |
3. GOVERNMENT SERVICES | ||||||
P | P | P | P | P | P |
A.
Library, Post Office, Police and Fire Stations, City and County Buildings, Courthouses and related services. |
CBD | NC | SC | PO | RFD | CBDF | 4. PROFESSIONAL SERVICE
ESTABLISHMENTS |
P | P | P | P | P | P | A. Advertising Agencies, Accountants, Architects, Engineers, Interior Decorators, Planners, and Surveyors; Banks and other Financial Institutions; Employment Agencies; and related offices or services including Blueprinting/Photocopying and Job Printing. |
5. MEDICAL AND HEALTH CARE SERVICES | ||||||
P | P | P | P | P | P | A. Physicians, Dentists, Eye Care Professionals and related offices. |
X | P | P | P | C | P | B. Laboratories including medical, dental and optical. |
P | P | P | P | P | P | C. Fitness Centers such as Health Clinics and Health Spas. |
6. SHOPPING OR DURABLE GOODS ESTABLISHMENTS including | ||||||
P | X | P | X | P | P | A. Antiques, Wearing Apparel and Accessories Stores, Shoe Stores, Dry Goods, Fabric Shop, Stationer, Gift Shop, Photographic Supplies, and Hobby Shop; Records, and Musical Instrument Stores; Sporting Goods and Bicycle Stores; (Pet Shop, including Grooming Shop and Obedience School Music, Paint, Wallpaper and Floor Coverings not permitted in RFD); and Variety Stores. |
P | X | P | X | P | P | B. Department Stores, Discount Stores, Major Appliances, and Furniture; Glass, China and Pottery Store; Jewelry Store; Leather Goods and Luggage Store; and, Office Appliances and Supplies. |
7. INDOOR COMMERCIAL AMUSEMENT RECREATION AND ENTERTAINMENT | ||||||
P | X | P | X | P | C | A. Theater, Bowling Alley, Gymnasium, Tennis Facilities, Roller or Ice Skating Rink, Lodge. |
X | X | X | X | P | X | B. (Cinemas, Aquariums, Cybertainment, and Virtual Reality Facilities, Indoor/Outdoor Music Venue, and Temporary Festivals). |
P | X | P | X | X | X | C. Tavern |
P
|
X
|
X
|
X
|
X
|
X
|
D. Charitable gaming, with approved license, permitted in CCO District only.
|
C
|
X
|
X
|
X
|
P
|
P
|
E. Micro-brewery, micro-distillery
|
C
|
X
|
P
|
X
|
P
|
X
|
F. Commercial Event Center (only within an existing structure in the CBD and CBDF Zones)
|
X | P | P | X | X | C | 8. AUTOMOBILE AND BOAT PART SALES |
X | P | P | X | X | X | 9. AUTOMOBILE SERVICE |
X | C | P | X | X | X | 10. AUTOMOBILE SALES NEW AND USED, AND REPAIR IN A TOTALLY ENCLOSED BUILDING AND NO LESS THAN ONE-HALF (1/2) ACRE OF LAND |
X | X | P | X | X | C | 11. CAR WASH COMPLETELY INDOORS,SELF-SERVICE CARWASH, AUTOMATIC OR SEMI-AUTOMATIC CAR WASH |
P | P | P | P | P | P | 12. COMMERCIAL PARKING LOTS AND STRUCTURES |
C | X | X | P | X | C | 13. NEWSPAPER OFFICE INCLUDING PRINTING |
P | X | P | X | X | P | 14.
PACKAGE LIQUOR (EXCLUDING DRIVE-THROUGHS) |
P | X | P | X | P | P |
15. WINE STORE (EXCLUDING DRIVE- THROUGHS)
|
P | P | P | X | X | P | 16. TEMPORARY SEASONAL USES SUCH AS CHRISTMAS TREE SALES, NURSERY PLANTS, FRUIT STAND COMPLETELY UNDER SHELTER |
P | P | X | P | X | P | 17. VETERINARIANS |
P | X | P | P | P | P | 18. SCHOOLS TEACHING PHOTOGRAPHY, DANCE MUSIC, ART, LANGUAGE, TRADES INCLUDING BARBER AND BEAUTICIAN SCHOOLS |
P | X | P | P | X | P | 19. MASS TRANSIT TERMINALS INCLUDING BUS AND TAXI SERVICES |
P | X | X | X | X | X |
20. AUCTIONS
|
C | X | X | C | P | X | 21. HOTEL/MOTEL |
P | X | X | X | X | X | 22. ADULT ENTERTAINMENT |
X | X | X | C | C | X | 23. RADIO STATION AND TV STATION |
X | X | X | X | X | C | 24. BOAT SALES NEW AND USED, SERVICE AND REPAIR IN A TOTALLY ENCLOSED BUILDING |
C | X | X | X | P | P | 25. RESIDENTIAL - IN CBDF ONLY SINGLE AND TWO FAMILY USES ARE PERMITTED. ANY MULTI-FAMILY UNITS IN THE CBDF MUST BE APPROVED BY THE BOA. TWO FAMILY UNITS REQUIRE 4,000 SQUARE FEET LOT SIZE MINIMUM, MULTI-FAMILY IS PERMITTED IN CBDF (CCO) AND SUBJECT TO DEVELOPMENT PLAN REVIEW. |
X | X | P | X | X | P | 26. TOOL AND EQUIPMENT RENTAL AND/OR SALES, EXCEPT THAT IN THE CBD ZONE THERE MUST BE A MINIMUM LOT SIZE OF ONE-HALF (1/2) ACRE |
X | X | X | X | X | X | 27. PUBLIC/PAROCHIAL SCHOOL FACILITIES |
P | P | P | P | P | P | 28. LIBRARIES |
X | X | P | X | X | X | 29. FOOD CARTS |
P | X | X | X | X | X | 30. FREE STANDING WALK-UP ATM’S WITHOUT A PRIMARY BUILDING |
C. ACCESSORY USES:
1. The following accessory uses are permitted in all commercial zones:
a. Customary accessory buildings and uses.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
2. In the Professional Office Zone, uses as listed below, included within and entered from within any building permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
a. Barber Shop
b. Beauty Shop
c. News and confectionery stands.
d. A prescription pharmacy
e. Coffee shop or refreshment stand
3. Within a master planned development where the principle use is office, development will allow residential and commercial uses to occupy up to 20% each of the total square footage. Any desire to increase on this percentage will require a conditional use permit from the Board of Adjustments. The office use would still be required to maintain the principle use in the development.
D. CONDITIONAL USES:
1. In all commercial zones, no building or occupancy permit shall be issued for any conditional use nor any customary accessory building or uses shall be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance.
E. AREA AND HEIGHT REQUIREMENTS: commercial zones shall be subject to the area and height requirements as shown in the following table:
TABLE 7 AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES | |||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard | Min. Side Yard Width | Min. Rear Yard Depth | Max Bldg. Height | Min. Bldg. Site Area | |
SQF | LF | LF | LF | LF |
TABLE 7 AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES | |||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard | Min. Side Yard Width | Min. Rear Yard Depth | Max Bldg. Height | Min. Bldg. Site Area | |
SQF | LF | LF | LF | LF | |||
DISTRICTS: | |||||||
CBD | 5,000* | 50 | 15** | *** | NA | NA | NA |
NC | 5,000* | 50 | 25 | *** | 15 | 40 | NA |
SC | NA | NA | 50 | 50 | 50 | 40 | 5 acres |
RFD | **** | **** | **** | **** | **** | **** | NA |
PO | **** | **** | **** | **** | **** | **** | NA |
CBDF | 2,500 | 25 | 15 | *** | NA | 40 | NA |
CBD, CBDF (CCO) | **** | **** | **** | **** | **** | **** | **** |
* In the case of these zones, more than one (1) principal building as defined herein, may be permitted on one lot.
** Minimum Front Yard Depth for the CBD Zone shall be fifteen (15) feet for buildings five (5) stories or less in height. One (1) additional foot of front yard depth shall be required for each additional story over five (5). Where the front yard depth varies for existing buildings in the CBD Zone, new buildings shall maintain the average depth represented within 200 feet on either side of the property on which a new building is to be constructed.
*** Minimum Side Yard Width shall be as follows in the CBD and NC Zone:
a. For buildings five (5) stories or less in height no restrictions except when adjacent to a street, road, highway or other right of way, where the required width shall be the same as required for a minimum front yard depth in this zone. When buildings abut each other, firewall construction, as required by the Newport Building Code, shall be required. In the event a side yard is provided it shall never be less than fifteen (15) feet wide.
b. For buildings six (6) stories in height a fifteen (15) foot minimum side yard width shall be required.
c. For buildings containing more than six (6) stories, a fifteen (15) foot minimum side yard width plus one (1) additional foot for each additional floor over six (6) shall be required.
LF Linear Foot
SF Square Foot
**** Subject to Development Plan approval
F. OTHER DEVELOPMENT CONTROLS:
1. All Commercial Zones shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
(b) (1) No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
(b) (2) Dumpsters are to be totally enclosed in board or brick fencing.
c. No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.
d. Where any yard of any permitted use in Commercial Zones abut property in a residential zone, a minimum yard requirement of ten (10) feet for each side and/or rear yard which abuts said zone shall be provided, and screened in accordance with the requirements of Section 9.16 of this Ordinance.
e. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
f. No use producing objectionable noise, odors, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
g. All business activities permitted within this District shall be conducted within a completely enclosed building with the exception of off street parking and loading and/or unloading areas, temporary seasonal businesses, automotive sales lots, tools and equipment rental and sales, and boat sales, with the exception of outside dining areas.
2. Where permitted, an adult bookstore, adult entertainment establishment and an adult theater are subject to the following locational requirements in commercial zones:
a. No adult bookstore, adult entertainment establishment, or adult theater, as defined herein, shall be located within three hundred (300) feet of any other such use, or located within three hundred (300) feet of the boundaries of any residential zone, or three hundred (300) feet from existing residential areas defined for the purpose of this Section as a block frontage developed with fifty percent (50%) or more residential uses; or located within one thousand (1,000) feet of any permanent structure used as a church or place of religious worship, or located within two thousand (2,000) feet of any public or parochial school.
b. All existing operational adult businesses, which do not presently meet any or all of the locational requirements, shall be deemed a non conforming use.
c. Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments, or adult theaters, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were a one (1) building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, north, south, east, west, and where vertical or horizontal distance measurements are required, such restrictions shall likewise apply.
d. The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
e. No portion of any wall of any building which separates an adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.
(Am. Ord. O-2010-013, passed 7-12-2010; Am. Ord. O-2010-014, passed 7-12-2010; Am. Ord. O-2011-001, passed 2-28-2011; Am. Ord. O-2011-015, passed 8-29-2011; Am. Ord. O-2013-010, passed 8-19-2013; Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2020-015, passed 9-21-2020)
A. DISTRICT DEFINED:
1. INDUSTRIAL ONE ZONE - the purpose of the I 1 Zone is to encourage the establishment of manufacturing and wholesale businesses, which are clean, quiet and free of hazardous or objectionable elements. Operation of these establishments should take place entirely within an enclosed structure and should generate little industrial traffic. No storage of raw materials, manufactured products, or any other materials is permitted in the non screened open space around the building. This zone is usually located adjacent to residential areas and may serve as a buffer between heavier industrial districts and business or residential districts.
2. INDUSTRIAL TWO ZONE - the purpose of the I 2 Zone is to encourage the establishment of heavy industry including manufacturing, production and packaging operations as well as associated storage of raw materials and finished products. This zone will generate heavy industrial traffic and should be separated from residential or business districts by means of a buffer area such as the I 1 Zone.
B. PERMITTED USES:
The permitted uses for each zone are shown in the following Table. Uses listed for the two industrial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
TABLE 8 PERMITTED USES: INDUSTRIAL ZONES (P signifies Permitted; X signifies not permitted) |
TABLE 8 PERMITTED USES: INDUSTRIAL ZONES (P signifies Permitted; X signifies not permitted) | ||
I 1 | I 2 | PERMITTED USES: |
P | P | 1. ANY INDUSTRIAL MANUFACTURING, PROCESSING, REFINING, FABRICATIONS, ASSEMBLING, WHOLESALING, WAREHOUSING, CLEANING, TESTING OR REPAIRING OF GOODS, MATERIALS OR PRODUCTS including the following (but excluding (1) storage, utilization or manufacture of materials intended for detonation; and, retail sales or services, business offices or discount establishments dealing directly with consumers): |
X | P | a. Acetylene, Butane and Bottled gas; Petroleum Refining and Products including Plastics; and Related Bulk Storage Stations. |
X | P | b. Asphalt, Brick, Cement, Concrete, Gypsum, Plaster of Paris, Sand and Gravel, Stone (including monument works employing power driven tools) Tile or Terra Cotta. |
P | P | c. Candy and Confectionery Products; Cigars and Cigarettes; Flour Mills, Food and Beverage Products including the rendering or refining of Fats and Oils; Vinegar and Yeast. |
X | P | d. Chemical, Paint and Fertilizer Products including Ammonia, Bleach, Bluing, Calcimine, Chlorine, Corrosive Acid or Alkali, Dyes, Lacquer, Lime, Shellac, Turpentine, and Varnish. |
P | P | e. Cosmetic, Pharmaceuticals, and Toiletries. |
P | P | f. Electric Appliances, Electrical and Non-Electrical Machinery, Equipment and Supplies; Fountain and Beverage Dispensing Equipment; Television Sets, Phonographs, and Household Appliances. |
P | P | g. Furniture and Office Equipment |
P | P | h. Musical Instruments, Toys, Novelties, Jewelry, Rubber or Metal Stamps; Instruments of Professional, Scientific, Photographic and Optical Use. |
X | P | i. Iron, Steel, Aluminum Foundry of Forge Works and Heavyweight Casting, Rolling Mills. |
X | P | j. Lumber mills and Storage Yards, Paper, paperboard and Pulp Mills. |
X | P | k. Metal, Metal Finishing and Metal Products including the use of Blast Furnaces and Forges |
X | P | l. Products from the following previously processed materials: Paper, Glass, Cellophane, Leather, Feathers, Fur, Precious or Semiprecious Metals, Hair, Horn, Shell, Tin Steel, Wood, Plastics Rubber, Bone, Cork, Felt, Fibers, Yarn, Wool, Tobacco. |
X | P | m. Animated and/or illuminated Billboards and Other Commercial Advertising Structures. |
X | X | 2. Mining. |
X | P | 3. Laundries and dry cleaning Plants involving Laundering and Dry Cleaning of Articles delivered to the premises by Commercial Vehicles including Clothes, Carpets and Rugs. |
P | P | 4. Bottling and Canning Works including Brewing and Distilling of Liquors. |
X | P | 5. Building Materials Yards, Contractors Offices and Accessory Storage Yards including storage of General Construction Equipment and Vehicles. |
X | P | 6. Bus Line Shops and Storage, Carting, Express, Hauling or Storage Yards, Freight Terminals, Trucking Terminals |
X | P | 7. Forge Plants, Foundries, and Plating Plants. |
P | P | 8. Governmentally owned and/or operated City, County or State garages. |
P | P | 9. Industrial Engineering Consultant Offices and Laboratories, Offices and Other Facilities for Research, both Basic and Applied, conducted by or for an Industrial Organization or Concern, whether Public or Private. |
P | P | 10. Publishing and distribution of books, newspapers and other Printed Materials Including Printing, Engraving, and related Reproduction processes. |
X | P | 11. Processing of junk, waste, discarded or salvaged Materials, machinery or equipment, Including Automobiles wrecking or dismantling. |
X | P | 12. Railroad facilities including passengers and freight terminals, marshaling yards, maintenance shops and roundhouse. |
P | P | 13. Schools for industrial or business training. |
X | P | 14. Coal, Coke, or Wood Yards. |
C | P |
15. Recycling, Light, only within an existing non-residential structure.
|
I 1
|
I 2
|
PERMITTED USES:
|
P | P | 16. Reprocessing, refurbishing and repair of automotive and truck parts and accessories, including the retreading of tires in a completely enclosed facility. Retail sales of new and/or refurbished Automotive and truck parts, accessories and tires is permitted as an accessory use as is the related servicing of vehicles on site in the enclosed facility. |
X | P | 17. Adult Entertainment. |
C | X | 18. Commercial Event Center. |
C. ACCESSORY USES:
1. The following accessory uses are permitted in all industrial zones:
a. Customary accessory buildings and uses including operations required to maintain or support any use permitted in this district on the same lot as the permitted use, such as maintenance shops, power plants, and machine shops.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
d. Uses as listed below, included within and entered from within any use permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
(1) Cafeterias
(2) Coffee shops or refreshment stands
(3) Soda or dairy bars.
D. AREA AND HEIGHT REQUIREMENTS: Industrial Zones shall be subject to the area and height requirements as shown in the following table:
TABLE 9 AREA AND HEIGHT REQUIREMENTS: INDUSTRIAL ZONES | ||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Depth | Min. Rear Yard Depth | Max Bldg. Height | |
SQF | LF | LF | LF | LF | LF | |
DISTRICTS: | ||||||
I-1 | 17,000 | 125 | 25 | 15 | 20 | 35 |
I-2 | 17,000 | 125 | 25 | 15 | 20 | 40 |
E. OTHER DEVELOPMENT CONTROLS:
1. All Industrial Zones shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
b. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right of way or into any adjacent property.
c. Where any yard of any permitted use in industrial zones abuts property in a residential zone, a minimum yard requirement of seventy five (75) feet for each side and/or rear yard, which abuts, said zone shall be provided, and screened in accordance with the requirements of Section 9.16.
d. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
e. Any adult entertainment establishment must be screened by shrubs and wrought iron fencing. Adjoining any I-1 zone shall require a 10-foot buffer and screen.
f.
Any adult entertainment establishment shall be limited to one building mounted sign (interior Illuminated) at a 1:1 square foot ratio to building frontage. This sign is to not exceed the roofline of the building.
g. Any light recycling use must meet the following performance criteria:
(1) All operation and storage must be completely enclosed inside a primary building.
(2) No on-street parking or staging areas permitted.
(3) Any light recycling use may not be permitted directly adjacent to a residential use.
(4) Any parking or staging areas must be screened from view along any abutting arterial or collector roadways. Screening shall meet the requirements of Section 9.16 (C)(1) and (D)(1) through (5).
(Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2021-001, passed 2-22-2021)
District Defined:
The Monument Center Zone (MC) is created to allow a mixture of uses that capitalize on the uniqueness of the Millennium Monument. Uses within this zone are to be compatible with the primary function of the monument as a tourist attraction. This zone will allow for a variety of commercial, educational, restaurant and business uses.
Permitted Uses:
Restaurant
Retail Sales
Theater
Exhibition/Educational Center
Business Office
Entertainment/Indoor Commercial Amusement
Radio/TV transmission station
Commercial Parking Lots
Accessory Uses:
Customary accessory buildings and uses.
Fences and walls as regulated by Article XII of the Zoning Ordinance.
Signs as regulated by Article XV of the Zoning Ordinance.
Area and Height Requirements:
All area and height requirements are subject to Development Plan approval as regulated by Section 9.19 in the Zoning Ordinance.
Other Development Controls:
a. Off-street parking and loading shall be provided in accordance with Articles XIII and XIV of the Zoning Ordinance.
b. No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
c. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.
(Am. Ord. O-2016-024, passed 12-12-2016)
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