Title 15, Division 15.100 – Definitions & Land Use Processes and Procedures

Airport Approach Safety Zone

(p 4)

15.05.030

Current code does not match federal code

Changed definition to 5,000 instead of 3,000 feet for horizontal distance to match FAA requirements

Type I procedures for development

(p 5)

15.100.020

Does not state that Type I Design Reviews for single family-quadplexes go straight to building permit (this was an oversight in 2025 code maintenance). This will line up with 15.220.020 (Site design review applicability) as well.

Updated to say that most design review permits for single-family to quadplexes go straight to building permit. Cottage clusters will still require Type I design review still.

Tribal Notifications

(p 7)

15.100.120

Notifications must be provided to tribes per OAR 660-023-0210 for land use decisions that involve ground disturbance and require public noticing (Effective Jan. 1, 2027)

Updated our agency referral list to include tribes as provided by the Legislative Commission on Indian Services for Newberg.

Appeal Procedures

(pp 8-10, 17)

15.100.160 & 15.100.275

Per state law, effective July 1, 2026, only certain applications can be appealed by parties other than the applicant. This includes most developments of less than 20 units. See Exhibit B-1 for a matrix summarizing changes in state law.

Currently, it is also unclear who mails appeal notices.

Updated to state that only the applicant can appeal certain housing applications. See Matrix in Exhibit B-1 summarizing changes in state law.

Updated noticing requirement so that the City (not applicant) mails appeal notices to affected parties.

Noticing Updates

(pp 10-17)

15.100.210

Per state law, effective July 1, 2026, notices for residential applications of fewer than 20 units are limited to a 100 foot radius (current code is 500 feet for all). Notices for upzoning existing residential land is also limited to 100 feet.  See Exhibit B-1 for a matrix summarizing changes in state law.

There was also concern over how mailed notices were being sent out by applicant’s and the code was not clear.

Changed noticing requirements for projects of less than 20 residential units, and applications to upzone existing residentially zoned land to 100 feet. See Exhibit B-1 for a matrix summarizing changes in state law.

Clarified that USPS first class mail is required for all land use notices, and that notices are to be delivered in plain envelopes with no other markings other than case file number, and names/addresses as well as postage

Title 15, Division 15.200 - Land Use Applications

Non-Conforming Signs

(p 18)

15.205.100

Code requires nonconforming signs to be brought into conformance with current standards when there is a change of copy, which is excessive and may conflict with constitutional protections.

Clarified code requiring conformity to current sign standards only when the height, dimensions, materials or location of an existing sign change.

Variance Expiration Timeline

(p 19)

15.215.060

Variance approvals expire before other approvals that may be part of the same project. Different timelines for the same project create confusion and inefficiencies for applicants and staff

Changed the expiration of variances to align with other permit approvals and 2 years in cases where no other land use project.

Single Room Occupancies (SRO)

(pp 4, 20-23,39-41,44-46,52)

15.05.030, 15.220.020, 15.305.020,

15.326.025

15.346.070

15.405.010

15.440.030

HB 2138 (2025) and HB 3395 (2023) require cities to allow single room occupancies (SRO’s) in residential zones by January 1, 2027. SROs contain multiple dwelling units that share common cooking facilities. They may share other facilities, as well.

Added SRO’s to use tables, definitions, lot sizes, parking requirements and site design review procedures.

Design Review Exemptions

(p 20)

15.220.020(4)

The land use approval process for changes of use (new tenant moves into an existing building) are unclear and overly burdensome.

Exempted from land use review changes of use that do not substantially alter a building exterior or site, and do not require additional parking. Also exempt minor exterior alterations triggered by a change of use when the alteration is required to meet building code or fire and life safety requirements (i.e. hood vent or fire department connection).

Sufficient Infrastructure Design Review Criteria

(p 21)

15.220.050(A)(6) and (B)(9)

Although this section requires developments to have sufficient infrastructure and utilities, it does not reference the code sections applicable that is consistent with code format elsewhere.

Updated to reference public improvement standards of NMC 15.505 (Public Improvements) for clarity and legal sufficiency.

Code Adjustment Process for Landscaping Buffer and Parking

(p 18)

15.210.020

There is no code adjustment process for required landscaping buffer between street and parking area which can create constraints on the lot with certain configurations

Established code adjustment process for the landscape buffer between a street lot line and a parking area to be no less than 10 feet and at least 50% of street frontages still meet full buffering requirements. The concept this can be seen in Exhibit B-2.

Middle Housing Land Division Updates

(pp 34, 38, 47, 49-50)

15.235.050(B)

15.240.060

15.346.080

15.405.050

15.410.080

15.415.070

Under state law, middle housing land divisions are not subject to minimum lot size and most other lot standards.

Updated NMC 15.235.050(B) to current middle housing land division requirements of ORS 92.031.

Removed middle housing land division criteria pertaining to lot size and setbacks elsewhere in code. (Note that the original parcel still must meet all requirements)

Final Plat Submission Timeline

(p 37)

15.235.070

Applicants frequently submit final plat applications long before public improvements are substantially complete when the city cannot approve them. This creates confusion and administrative inefficiencies.

Updated to state that final plats will not be deemed complete until substantial completion has been achieved.

Also updated to say preliminary electronic copies are acceptable for review, which is standard practice now.

Title 15, Division 15.300 – Zoning Districts

Manufactured Housing Update

(pp 55-59)

15.305.020 & 15.445.070

Under state law, the City cannot apply more restrictive standards to manufactured homes than apply to stick-built single-family homes (HB 2347 (2025))

Removed “manufactured home on individual lot” from the zoning use table, as they are classified as single-family dwellings, and removed the manufactured dwelling development standards. Manufactured homes can be used as dwellings where dwellings are permitted as any part of a development (i.e as a single family house, duplex, triplex etc.).

Fixed Seating Footnote

(p 40)

15.305.020 Footnote 29

In some industrial zones the code requires that churches and other houses of worship have seating that can be easily removed to allow these spaces to be converted to industrial uses. This is overly restrictive and may conflict with the land use provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., which is to protect individuals, houses of worship, and other religious institutions from discrimination in zoning laws.

Removed restriction on “fixed seating” in footnote 29 in industrial zones as it is overly restrictive.

Title 15, Division 15.400 – Development Standards (starts on next page)

Title 15, Division 15.400 – Development Standards

Development Site Minimum Density

(p 46)

15.405.010(B)(3) and (4)

Minimum density for large development sites in the R-2, AR and RP zones is not clear and may conflict with regulatory takings law.

Revised and clarified to exempt minimum density standards for the development of one single family dwelling and its accessory uses on a legal lot of record.

Parking and landscaping location for industrial sites

(pp 18, 48)

15.410.070(E)(3) and 15.420.010(B)(3)(b)

NMC 15.410.070 (E)(3) states that parking can be in any required yard, however this contradicts NMC 15.420.010(B)(3)(b) which requires a landscape strip of at least 10 feet, or the width of required yard if greater, for the front yard, and 5 feet for interior yards.

Amended 15.410.070(E)(3) to reference and be subordinate  to 15.420.010(B)(3)(b).

Amended Code Adjustments in NMC 15.210.020 to include a landscape buffering adjustment assuming at least 10 foot buffer is maintained and 50% of frontages still have the required buffering.

Exhibit B-2 shows this concept.

Cottage Cluster Community Buildings

(p 49)

15.415.050(C)(9)

Cottage cluster developments may have a community building though it is not clear if these buildings are regulated as accessory structures. (Other code sections limit the number of accessory structures on a lot.)

Amended 15.415.050(C)(9) to state that cottage cluster community buildings as permitted under 15.415.050(C)(6) are not accessory structures.

Major Freestanding Number of Signs and  Height Update

(p 50)

15.435.050(A) & 15.435.050(C)

Some zones are limited to one freestanding sign per street frontage. Exceptions to this rule are in residential, institutional and community facilities zones where one additional sign is allowed for each full 600 feet of street frontage. Large campuses in other zones that may have multiple driveways, are not allowed multiple signs, including necessary wayfinding signs.

Height for major free-standing signs is not clear. Although it has been common practice to include structural supports in the height calculations, this is not spelled out in code.

Updated 15.435.050(A) so that all zones can have 1 major free-standing sign plus one sign for each full 600 feet of street frontage (note that maximum size of sign is not proposed to be changed).

Updated 15.435.050(C) to explicitly state that sign framework/posts are included in height calculation. Exhibit B-3 shows how sign height would be measured.

Title 15, Division 15.400 – Development Standards (cont.)

Off-street parking location allowances

(p 54)

15.05.030 & 15.440.060(G)

The requirement for off-street parking can be met on a driveway within a required front yard only if the driveway leads to an improved parking space located outside the front yard (most of the time this is the garage). This works well for new development but can be overly restrictive for remodels of existing dwellings including adding an ADU or more living space. The code does not allow it even though they still may have the required parking spaces in their driveway.

Amended code to allow the requirement for off-street parking to be met on an improved driveway within a front yard provided the parking meets dimensional standards and at least 50% of the required front yard area is landscaped (not paved).

This concept can be seen in Exhibit B-4

Joint use parking facilities

(p 53)

15.440.050(B)

Joint use of parking facilities is currently allowed but difficult to implement with existing developments. The code requires the owner of the parking to record a covenant assuring the parking area is available to the other development in perpetuity, which can be overly burdensome and a barrier to economic development.

Added language in NMC 15.440.050(B) regarding flexibility in parking agreements and what assurances are necessary when shared parking is proposed for existing uses including not in perpetuity and always having to be recorded.

ADU Primary Unit Measurement

(p 59)

15.445.260(B)(2)

It was unclear of how the 50 percent of the size of the primary unit was supposed to be calculated for and ADU

Updated to use assessor data for the gross floor area of the living area of the primary unit and not to include garages in the calculation. The director may also accept a current floor plan with floor area calculation prepared by a qualified professional.

Existing Private Streets

(p 59)

15.505.030(P)

Existing private streets are not addressed on how they are to be improved with new development

Established minimum standards for private streets when new development occurs adjacent to such streets.

Other NMC Titles

Water Meter Sharing

(p 60)

13.15

Current code does not address shared water meters which are not allowed for more than one property.

Revised to add clarity that shared water meters are not allowed under separate ownership or parcels.