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City to cap rooftop and elevated deck sizes to limit overlooking and noise

Newport City Council & Planning Board (joint workshop) · February 5, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The zoning officer proposed objective dimensional limits for elevated decks—100 sq ft on the 2nd floor, 30 sq ft on the 3rd, balconies 40 sq ft—to replace subjective special‑use review and reduce neighbor impacts from oversized roof decks.

Nick Farmer told councilors the city has seen a number of proposed large rooftop decks that local review standards could not objectively regulate. To provide clear rules and reduce litigation risk, staff proposed dimensional standards: 2nd‑floor decks limited to 100 square feet, balconies to 40 square feet with a 4‑foot projection allowance, and a 30‑square‑foot limit on third‑floor decks that must be inset from edges. Farmer said decks above one‑third of the floor area would not be allowed by right and that any larger proposal could seek a variance before the zoning board.

Councilors and residents cited privacy and noise impacts from roof decks, and one resident described sound traveling from roof decks that are “a block and 0.5 away.” Staff said treating decks as dimensional standards (instead of special‑use permits) will make expectations clearer for applicants and give the city legally defensible rules supported by solicitor advice.