An example of why members of the Planning Commission thought a new code necessary is included in the proposed bylaw. Under present zoning regulations, the Spates block on Main Street between Central and Second streets could be demolished and replaced with a single-story building with a large parking area in front. Designers of the new code believe this would harm Newport’s streetscape and interfere with pedestrian traffic.NEWPORT — City residents will get their first formal opportunity to weigh in on the extensive changes contained in a proposed new zoning code at a Planning Commission hearing at 7 p.m. on Tuesday, November 16.

Zoning Administrator Paul Dreher said Tuesday that the code was written in a collaborative process that included citizens, business owners, developers and designers.

The new ordinance would establish a form-based code for the city.  Under the plan, permits would be issued for a new building if it meets specifications set forth in the diagram that represents requirements for the zone in which it is to be built.  Mr. Dreher said the new code should reduce red tape for developers in the city.

The plan calls for the creation of six zones, or forms, based on the population density of each neighborhood.  The new zones will cover the most thickly settled part of Newport, around half the city’s total area.  Less densely populated areas, including residential areas to the east of South Bay and the city’s industrial zone, will continue to be governed by the existing zoning bylaw.

The new zones, or forms, are Form 1, made up only of Main Street; Form 2, which encompasses the remainder of the high-density downtown area; Form 3, high density, a classification that includes areas like East Main Street; Form 4, high density urban waterfront, is located in the area around Waterfront Plaza and the East Side Restaurant; Form 5, medium density urban waterfront, includes the other side of Newport’s lakeside crescent near the boardwalk and city docks; Form 6, high density residential/mixed use, covers west-side neighborhoods.

As in most zoning plans, the boundaries for each of the new districts created in the form-based code are laid out on a map of the city.  Where theUnder the form-based code, parking would remain on the street and behind the Main Street face of the new block. Paul Dreher, Newport’s zoning administrator, said that the new code would allow for more stores as well as office and residential space. He pointed out that the new code also encourages the construction of alleys, to provide access for parking and building services away from the street. new code differs from the present bylaw is in its reliance on pictures and diagrams to show what can be built in each zone.

The Main Street form, for instance, shows a cutaway view of a building.  The diagram indicates that the street frontage must not sit back more than six feet from the property line, the ground floor must offer retail space, and there must be area for parking accessible from the rear of the building.

There is no limit to the square footage of a Main Street retail space, but there must be at least one entrance to the building every 36 feet.

The new regulations also prohibit an undifferentiated façade stretching across the whole building, in the fashion of a big box store.  Instead there must be changes every so often in the building’s face for visual interest.

These changes are called building breaks in the code, and include such differences as changes to the height of a building’s façade, a significant change in materials, or a change in the arrangement of windows or canopies.

Mr. Dreher said an early draft of the plan called for these shifts to occur every 36 feet or so.  “That was probably just as oppressive and limited as having a uniform façade,” Mr. Dreher said.

He said the way that problem was discovered and dealt with gives a good idea of how the code was put together.  The new code’s mandates were physically modeled with three-dimensional software, Mr. Dreher said.  He said he and Newport architect Jay Ansel used a free program, called SketchUp, which is put out by Google.

“It rocks.  It really rocks,” Mr. Dreher said.

He said that the informal group that gathered every week to discuss the code saw the problem and came up with the idea of calling for changes to occur between 24 and 48 feet.

An illustration from the new form-based code shows how new Main Street buildings must be built. While the code offers no guidance on the actual design of the building, it does require it to be built within six feet of the property line and to have retail space with a large amount of window space on the ground floor. Parking should be built under ground level, and other uses are permitted above the first floor. At a set height the code also requires setbacks that allow for roof gardens.Mr. Dreher said he brought a lot of ideas to the table which did not find favor with the majority.

“It’s never been my code.  It’s just something I happen to be the draftsman of,” he said.

Nevertheless, he is far from disowning the code.

“I’m quite proud of it, but the collective group is as responsible for it as I am,” Mr. Dreher said.

Mr. Dreher gave special credit to Charles Elliott, the chairman of Newport’s Planning Commission.

“Charlie Elliott was a large part of this, he was a good ambassador,” Mr. Dreher said.  He said that Mr. Elliott’s work has helped create widespread public understanding and acceptance of the new code.

The code is designed to make Newport an inviting city for pedestrians.  Builders must provide benches and bicycle racks as public amenities.

But where are these pedestrians going to come from?  Any new construction on Main Street will help provide them.  The new code encourages building office space and housing, including roof gardens, above street level.

Those already familiar with zoning codes may notice a big difference, the absence of setbacks.  Mr. Dreher said a visitor to his office recently remarked that with the new code people “can get their much needed sheds, much needed garages, and/or a porch.”

Under the old code, Mr. Dreher said, he frequently had to reject requests for these sheds even though a homeowner might be able to show a concrete foundation where a similar outbuilding had once stood.

Mr. Dreher joked that he was just as unable to grant their request to build on these old foundations as he would have been had a property owner asked permission to build because he could show the ruins of a Native American settlement on his land.

He said he sees benefits to the residents of the neighborhoods where the new rules apply, and for the city at large.  A resident could use the increased buildable space to add a mother-in-law apartment to her home, which would benefit the homeowner and add to Newport’s tax base at the same time.

Mr. Dreher said the new code aims at finding the highest and best use for property in the city.

Now that the plan is complete, Mr. Dreher said, it will have a hearing before the Planning Commission.  If the response from the public is positive and commission members find no show-stopping problems, the Planning Commission could sign off on the program and send it to the City Council for its hearing.

As soon as the City Council hearing is scheduled, the new code goes into effect.  This is a provision of state law intended to prevent a developer from making an end run around a more restrictive zoning ordinance.

Mr. Dreher said he expects at least one project to seek review under the new code as soon as the City Council hearing is scheduled.

He said developers will find the new code easy to work with.  Projects that have fewer than 40,000 square feet of floor space can get their permits directly from the Zoning Administrator, he said.  Mr. Dreher said the old Montgomery Ward building contains about 40,000 square feet of space.

He said it would be inaccurate to say that the permit allows “one stop shopping,” but added that a developer only has to show that his project conforms to a checklist of requirements and meets the requirements of the form.

Compared to normal zoning codes, the list of permitted and non-permitted uses is very short, Mr. Dreher said.

While he is confident that the new form-based code will make Newport more livable and, perhaps, prosperous, Mr. Dreher does not believe it holds the last word in zoning.  He said that the new code should be reviewed and, if necessary, tweaked, every couple of years.

As neighborhoods change and the needs and wants of Newport residents develop, the code has to evolve, Mr. Dreher said.