The city of Newport is rezoning its central business district.
The city requested an amendment to change the zoning at East 10th Street to the north, Saratoga Street to the east, East 11th Street to the south, and Monmouth Street to the west to the central business district. The zones were changed from industrial, residential and central business district fringe (the portion of a municipality immediately outside the central business district.)
The Newport Planning and Zoning Commission approved the request on May 28.
Newport’s zoning ordinance describes the central business district zone as “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. To achieve maximum flexibility of permitted land use, the CBD Zone makes possible a highly varied grouping of retail and business functions.”
Allowed uses in the central business district can be found on 52, 53 and 54 of Newport’s zoning ordinance.
The previous industrial area was along East 11th Street, which has some garages, and the portion of Saratoga Street (between 10th and 11th Street) has some larger warehouse-style buildings.
Newport Planning and Building Director Brian Steffen said that the buildings in the industrial zone have historically been used for light manufacturing or the production of goods and materials.
“There is a potential that with this change, and we have been speaking with some of those property owners, that it could make those uses non-conforming as part of this, Steffen said. “Now, that doesn’t mean the businesses cannot continue to be used and reside there. Or even future uses that are in the same or similar use category that is currently there.”
A nonconforming use, according to community-planning.extension.org, is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance.
He said the only time a nonconforming use could become problematic is if the building is intended to be abandoned. A building is considered abandoned after one year and proof of intent to abandon.
“This does open the door for reuse of those buildings into residential/retail type of uses and I know there has been by some property owners express interest in doing just that,” Steffen said.
Chris Rumage owns three properties on Saratoga Street, including the Sweet Tooth Candies factory, which was in the previous industrial zone.
“You mentioned Sweet Tooth Candies (factory.) They are currently moving out of the building,” Rumage said. “They’ve probably been there for 20 years. We’re trying to expand our options on who we can get in there. We had some interested parties who are retail, which currently we are not zoned for, so that’s why we’re in support of this change. Trying to get some new businesses into that area that are not industrial.”
Steffen said the central business district fringe zone is largely located at Monmouth Street between 10th and 11th streets and said that staff always felt it was odd because Monmouth Street is a central business district zone.
The residential zone came largely from Health Point Family Care on East 11th Street. Steffen said that a map amendment was made when Health Point went in, expanding the residential area into the industrial zone.
“Most of these existing uses would not become non-conforming as a result,” Steffen said. “Health Point then moves from a conditional use to a permitted use. This will not affect them in any way, shape, or form.”
Steffen said the 2020 comprehensive plan’s future land use map indicates the area is due for a zone change to the central business district.
Barb Yingling and her four sisters own the property at 1007 Monmouth Street, Mower Express.
“As the building owner, our first concern is the impact on existing businesses in the long term,” Yingling said. “We were told that the existing business would conform under the heading of a hardware store. I would like, if it’s possible, to have that written down.”
She said she wouldn’t want the business to become non-conforming in the future, especially as the building owner but not the business owner, should they decide to move.
“I am in support because I am generally in support of Newport continuing to grow as long as it doesn’t negatively impact us,” Yingling said.
The map amendment will not go before the Newport Board of Commissioners. The zone change will become law 21 days from the date of approval.
