(Click each type to skip to its section.)
Type I development action:
Director decision without public notice or public hearing. Notice of a decision shall be provided to the applicant. (NM CODE)
Type I Applications cover all of the following:
Code Adjustments:
- (a) Yard setback dimensions, lot area, percentage of lot coverage, lot dimensions.
- Setbacks/street trees– Maximum adjustment of 25 percent of the dimensional standards for front yard setback requirements and the spacing of street trees.
- Lot area– Maximum adjustment of 5 percent of the lot area required. A lot area adjustment shall not be granted thereby allowing a greater number of dwelling units than that permitted without the adjustment.
- Percentage of lot coverage– Maximum adjustment of two percent more than permitted for all land uses except the maximum parking area coverage for R-3 Districts may be increased up to 50 percent
- Lot dimensions– Maximum of 10 percent of the required lot dimensions of frontages.
- (b) Interior yard setback requirements in residential zones. Except for lots designated as “zero lot line lots”, the director may approve an adjustment in the interior yard requirements so that a distance not less than 3 ft is maintained.
- (c) Dimensional standards and minimum number of off-street parking spaces. The director may approve adjustments to the dimensional standards of off-street parking spaces; standards for the minimum number of off-street parking spaces; and required spaces to be used for compact cars excepting handicapped parking requirements.
- (d) Vision clearance requirements on corner lots. Vision clearance requirements on corner lots may be waived by the director.
- (a) Cottage Cluster developments
- (b) Institutional, commercial, or industrial additions which do not exceed 1,000 square feet in gross floor area
- (c) Multi-family additions which do not exceed 1,000 square feet in gross floor area and do not add any new units, or new construction incidental to the main use on an existing developed site
- (d) Institutional, commercial, or industrial interior remodels which do not exceed 25% of the assessed valuation of the existing structure.
- (e) Multi-family remodels which do not exceed 25% of the assessed valuation of the existing structure and do not add any new units.
- (f) Signs: which are not installed in conjunction with a new development or remodel.
- (g) Modifications, paving, landscaping, re-striping, or re-grading of an existing duplex, multi-family, institutional, commercial or industrial parking lot.
- (h) Fences and trash enclosures.
Type I Decision Minor Modification
Retain consistency with the general layout and pattern of the approved plan and do not modify an element of the approved plan by a quantifiable standard of greater than 10 percent.
Type I Decision Major Modification
Request of changes to the approved preliminary plat or conditions of approval may be deemed Major Modifications if it is modified more than 10% and at the determination of the director
Home Occupation BL:
Review of businesses that are run out of a residence
Other: (Explain) Any Type 1 not Specifically Listed
Click here for Type I Project timeline.
Type II development action:
Director decision without a public hearing. The applicant must provide Public notice with a 14-day comment period for the submission of written comments prior to the decision. Notice of decision shall be provided to the applicant, parties providing written testimony, or anyone requesting such notice. (NM CODE)
Type II Applications cover all of the following:
Design Review:
- (a) Institutional, commercial, or industrial additions:Larger than 1,000square feet in gross floor area.
- (b) Multi-family additions Larger than 1,000 square feet in gross floor area
- (c) Institutional, commercial, or industrial interior remodels That is more than 25% of the assessed valuation of the existing structure.
- (d) Multi-family remodels That is more than 25% of the assessed valuation of the existing structure
- (e)Any other new development or remodel which is not specifically identified within City Development Code (A)(1)
- (f)Telecommunication Facilities
- (g)Mobile/Manufactured Home Parks
PARTITION: To divide an area or tract of land into two or three parcels
SUBDIVISION: To divide an area or tract of land into four or more lots for property that is:
- Fully within the city limits or urban growth boundary;
- The land DOES NOT contain Goal 5 resources designated in the comprehensive plan and land use regulation such as: open spaces, scenic and historic areas and natural resources;
- The proposed land division does not comply with the minimum street connectivity standards
- The proposed land division is at 80% or more of the maximum net density permitted in the zoning designation for the site
Major Modification: Of Type II Decision
Minor Modifications/Extension of Type II Decision
Short-term Rental: located in R-2, R-3 & RP Zones
- (a) Bed and breakfast :
- The structure used for a bed and breakfast establishment shall be designed for and occupied as a single-family residence. The structure shall maintain the characteristics of a single-family residence.
- All residences used for bed and breakfast establishments shall be applicant occupied.
- A minimum of one off-street parking space shall be provided for every two permitted guest sleeping rooms. In addition, parking standards normally required for single-family residences will apply.
- The duration of each guest’s stay at the bed and breakfast establishment shall be limited to no more than seven consecutive days and no more than 15 days within a 30-day period.
- Bed and breakfast establishments located in other than single-story buildings shall provide permanent or portable fire escape systems from the upper floor(s) in a manner acceptable to the Newberg fire department.
- All bed and breakfast establishments shall conform to the requirements of the current edition of the Oregon Structural Specialty Code and Oregon Fire Code.
- Other: Any Type II not Specifically Listed
Sample Neighbor Notice Forms for Type II Applications
Click the link above for Word templates for the different Type II Application mailed notice forms. Please submit completed notice along with mailing list to the Planning Division for review prior to mailing. A title company can help you generate a mailing list of property owners within 500 feet of the site.
Click here for Type II Project timeline.
Type III decisions shall be heard and decided by the Planning Commission. The Planning Commission’s decision shall be final unless the decision is appealed or the decision is a recommendation to the City Council. (NM CODE)
Type III Applications cover all of the following:
Conditional Use Permits: Goes to Planning Commission for Final Decision
- (a) Vacation Rentals
- (b)Airports and landing fields.
- (c) Amusement parks.
- (d) Carnivals and circuses, if established for more than two weeks, except those in conjunction with a county fair or other outdoor governmentally sponsored event.
- (e) Cemeteries.
- (f) Facilities for the care and/or lodging of alcoholics, except publicly or privately operated rehabilitation centers providing clinical supervision, care and intensive treatment to persons with alcohol and/or chemical dependency problems.
- (g) Garbage dumps, sanitary land fills. Solid waste collection facility when under franchise by the city. This conditional use would include temporary storage and transfer of recyclable solid waste, supply storage,vehicle and equipment storage, service or repair and related accessory uses including disposal or land fill sites.
- (h) Heliports and helistops.
- (i) Jails or penal farms.
- (j) Mental hospitals.
- (k) Pound, dog or cat, (kennel).
- (l) Race tracks, including drag strips and go-cart tracks.
- (m) Sewage treatment plants.
- (n) Home occupations with more than one outside paid employee working at the residence at any given time.
- (o) Modifications to public street standards for the purpose of ingress and egress to a minimum of three and not more than six lots
Provide flexibility in architectural design, placement and clustering of buildings, use of open space and outdoor living areas, and provision of circulation facilities, parking, storage and related site and design considerations; and Promote an attractive, safe, efficient and stable environment which incorporates a compatible variety and mix of uses and dwelling types; and Provide for economy of shared services and facilities.
Subdivision: Goes to Planning Commission for Final Decision
Any Subdivision that does not meet the criteria in Newberg Development Code or is proposed for Type III review by the applicant, or converted from aType II to a Type III process.
Historic Landmark Establishment or Modification/Alteration: Goes to Planning Commission for Final Decision/Establishment of a Subdistrict is a recommendation to the City Council
Historic Landmark Elimination/Moving: Goes to Planning Commission for Final Decision
Comprehensive Plan Amendment: Planning Commission makes a recommendation to the City Council
Zoning Map Amendments & Designation of Subdistricts: Planning Commission makes a recommendation to the City Council
Property owners or the city may initiate a map amendment for one parcel or a small group of parcels
Annexations: Planning Commission makes a recommendation to the City Council
- The subject site must be located within the Newberg Urban Growth Boundary or Newberg Urban Reserve Areas.
- The subject site must be contiguous to the existing city limits
Minor Modifications/Extension: Of Type III Decision
Sample Notice Forms for Type III Applications
Please choose the correct Notice Form that correlates with the type of application you are submitting for review from below submit completed notice along with mailing list to the Planning Division for review prior to mailing. A title company can help you generate a mailing list of property owners within 500 feet of the site.
Click here for Type III Project timeline.
Type IV decisions shall be heard and decided by the Planning Commission and City Council as a legislative decision.
Comprehensive Plan text amendments or large scale map revisions and Development Code text amendments or large scale map revisions. Legislative amendments differ from quasi-judicial amendments because they affect the entire city or large areas of the city where a quasi-judicial amendment affects only a few properties or a small area of the city.
Type IV Applications cover all of the following:
- Comprehensive Plan Text Amendment or Large scale map revision
- Development Code Text Amendment or Large scale map revision
Other types of Land Use reviews that are not under the above classifications are:
- Sign Applications
- Bike Rack Program
- Tree Removal/Replacement
- Street Seats Program
- Right of Way (ROW) Surface Work
- Pre-Application Conference
- Accessory Dwelling Units
