Newcastle City Zoning Code

Outdoor automobile, truck and heavy equipment repair, except within fully enclosed areas;

Outdoor autobody work, except within fully enclosed areas;

Autobody painting;

Parking and storage of heavy equipment;

Storage of building materials for use on other properties;

Limousine and taxi service vehicle storage, maintenance, or repair;

Gun sales.

No more than one such vehicle shall be allowed;

Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and

Such vehicle shall not exceed a nominal model designation of one ton (i.e., Ford F350, Chev-GMC 3500).

A change to the fire rating of the structure(s) used for the home occupation(s);

Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or

Fluctuations in line voltage off premises.

Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises;

Repealed by Ord. 2019-598;

More than five clients or customers to visit the premises for any reason per week; and

Exterior storage of materials, goods, or equipment.

Repealed by Ord. 2019-598;

No more than one outside volunteer or employee who is not a principal resident of the premises;

No more than six customers or clients at any one time. Customers and clients shall not generate excessive traffic or monopolize on-street parking; and

Exterior storage of materials, goods and equipment when screened entirely from view by a solid fence, or, alternatively, by solid vegetative plantings as approved by the director. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side setback.

One stall for each nonresident employee of the home industry; and

One stall for customer parking.

One thousand square feet of building floor area; and

Two thousand square feet of outdoor work or storage area.

Limiting the type and size of equipment used by the home industry to those which are compatible with the surrounding neighborhood;

Providing for setbacks or screening as needed to protect adjacent residential properties;

Specifying hours of operation;

Determining acceptable levels of outdoor lighting; and

Requiring sound level tests for activities determined to produce sound levels which may be in excess of those set forth in the city codes.

Outdoor automobile, truck or heavy equipment repair, except within a fully enclosed area;

Outdoor autobody work, except within a fully enclosed area; and

Autobody painting.

Garage sales;

For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises; and

Hobbies which do not result in payment to those engaged in such activity.

The decision to approve, approve with conditions, or deny an application for Type II home occupation or home industry permit shall be made by the director upon findings of whether or not the proposed use:

The director's decision to deny an application for a Type II home occupation or home industry or to approve it with conditions may be appealed to the hearing examiner.

Notice of application and final decision of a Type II home occupation or home industry is required as noted in Chapter 19.11 NMC.

One copy of the applicant's statement or narrative which explains how the proposal conforms to the approval criteria;

The required fee;

A site plan of the property drawn to scale with a north arrow indicated. The site plan shall show all major features of the property including buildings, major vegetation, access for public streets, sidewalks, etc.;

One floor plan of all structures on the property which are to be used for the home occupation(s);

One assessor's map;

Property owner's signature(s) or written authorization from the property owner; and

A statement including the following information:

Further limiting the hours, days, place and manner of operation;

Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust;

Requiring additional building setbacks, and increased lot area, depth or width;

Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the side in relationship to adjoining uses;

Designating the size, number, location and design of vehicle access points;

Requiring street right-of-way to be free at all times of vehicles associated with the home occupation;

Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements;

Requiring storm drainage improvements, and surfacing of parking and loading areas;

Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation;

Limiting or setting standards for the location and intensity of outdoor lighting;

Requiring and designating the size, height, location of fences and materials used for their construction;

Requiring the protection and preservation of existing trees and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;

Limiting the type and number of vehicles or equipment to be parked or stored on the site; and

Any other limitations which the director considers to be necessary or desirable to make the use comply with the purposes stated in NMC § 18.30.010.

Generation of excessive traffic;

Exclusive use of on-street parking spaces;

Other offensive activities not compatible with a residential neighborhood.

SCTFs should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.

In no case shall an SCTF be sited adjacent to, immediately across a street or parking lot from, or within the line of sight of risk potential activities or facilities as defined in RCW 71.09.020(7), or as hereafter amended. "Within line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. For the purpose of granting a special use permit for siting an SCTF, the city may consider an unobstructed visual distance of 600 feet to be "within line of sight." Through the special use permit process, "line of sight" may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet; provided, however, the SCTF may not be sited less than 330 feet from a risk potential facility or activity:

No SCTF may be sited within one mile from any existing SCTF, work release or community residential facility, unless such distance precludes the siting of any SCTF within the city.

The distance specified in this section shall be measured by following a straight line from the nearest point of the building in which the SCTF is to be located, to the nearest point of the property line of the lot on which the use from which the proposed SCTF is to be separated is located.

Use and Operation.

Applicable Review and Decision Criteria. An applicant who desires to site an SCTF within the city must comply with the regulations set forth in Chapter 17.05 NMC, to the extent the director finds the regulations applicable. The SCTF application is subject to Type III review as set forth in subsection (H) of this section. The decision criteria set forth in NMC § 18.44.060, Special use permit, shall also apply.

State Guidelines. For the purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the SCTF or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the process of approval of an SCTF.

On-Site Facilities. The applicant for an SCTF shall be encouraged to provide on-site dining, on-site laundry or laundry service and on-site recreation facilities to serve the residents.

Application Materials. In addition to the regular application materials required under Chapter 17.05 NMC and the provisions set forth in this section, an applicant for an SCTF shall also include:

Required yards: front – 20 feet; side – 15 feet each side; rear – 25 feet.

Maximum lot coverage: 45 percent.

Maximum structure height: 35 feet.

Fencing: The SCTF site shall be enclosed by a solid screening fence six feet in height.

Required parking: to comply with Chapter 18.18 NMC, but at least one space per staff person on duty at any one time plus at least one visitor space.

SCTFs shall be landscaped consistent with group residence requirements under Chapter 18.16 NMC.

The operator must be a principal resident of the property per NMC § 18.06.160.

Fire extinguishers and carbon monoxide detectors shall be provided, as well as any additional safety requirements determined through city inspection.

Additional off-street parking shall be provided per NMC § 18.18.030(F).

The short-term rental shall not be a detached accessory dwelling unit.

Units shall not be rented out for fewer than two nights.

Current contact information for the applicant and a second-party emergency contact must be provided to the city at the time of application. The applicant shall provide updated contact information to the city upon any changes.

Current contact information for the applicant and a second-party emergency contact must be provided to the renter.

The second-party emergency contact must reside within 15 miles of Newcastle municipal boundaries.