§ 10.1. CONSERVATION DISTRICT

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)