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Council approves first‑reading zoning fixes: limits for upper‑level decks, new substandard‑lot rules and temporary‑use permit framework

2709901 · March 12, 2025
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Summary

On first reading the council accepted a package of short‑term zoning fixes including numeric limits for elevated residential decks, creation of intermediate setback chapters for small lots (R4/R6), a temporary‑use permitting process for events longer than two weeks and updates to board membership and fees.

The Newport City Council approved on first reading a set of zoning amendments intended as short‑term fixes to clarify code language and respond to recent state changes.

Decks and upper‑level limits: The council adopted new dimensional standards for upper‑level residential decks. Under the proposal, "second‑floor" decks (defined as decks >5 ft and ≤15 ft above grade) would be allowed by right but limited to 100 square feet; balconies could project up to 4 feet and be limited to 40 square feet. "Third‑floor" decks (15–25 ft above grade) would be required to be inset from the building edge and limited to 30 square feet; roof decks above 25 ft would not be permitted. The measures aim to reduce noise and privacy impacts from large elevated decks; first‑floor decks remain subject to normal lot coverage and setbacks.

Substandard lots and new intermediate districts (R4/R6): State law changes required cities to apply lower‑district dimensional standards for lots that fall below the minimum lot size. To avoid forcing many R10 parcels to adopt R3 standards, staff proposed—and the council approved on first reading—creation of two intermediate chapters, R6 and R4, with setbacks scaled to 6,000 and 4,000 square‑foot lots respectively. The change does not rezone properties; it establishes setback standards to be applied where state rules would otherwise force a drop all the way to R3. Councilors said the move is intended to protect neighborhood character while complying with the state directive.

Temporary use permits and special events: The council approved a new temporary use permit chapter to handle events or functions lasting longer than the city’s existing two‑week special‑event license and up to six months. Zoning staff would first review applications and, when necessary, projects would go to the Zoning Board of Review and then to the council for final approval. The new chapter also establishes administrative review for short‑term, property‑specific requests such as temporary mobile housing while repairs are underway and temporary storage containers.

Zoning Board composition and fees: The council approved amendments allowing up to four alternate members on the Zoning Board of Review (state law now permits this). Councilors also voted to update planning and zoning application fees for the first time in many years—raising filing fees for many categories to better reflect staff time and peer municipal practice.

Public comment and implementation: City staff and the planning board had reviewed the package and recommended it as technical and compliance‑focused changes. Public commenters supported the deck limits as a way to reduce noise and privacy problems in dense neighborhoods and urged protections for watersheds and green space. Councilors stressed that the changes are short‑term fixes and that any rezoning of neighborhoods would require separate, mapped proceedings with full public notice.

Next steps: These amendments passed first reading. Final adoption will require a second reading and any additional advertised public notice for substantive edits. The city will coordinate further administrative and permitting steps with the Building Department and Planning Division.