SECTION 10.2 RESIDENTIAL DISTRICTS
   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
 
 
 
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)