Newcastle City Zoning Code

Multifamily is a conditional use in zones R-1–6.

Secure community transition facilities (SCTFs) are permitted only in the R-24 zone. SCTFs are expressly excluded from all other zones.

Only as part of a mixed use development subject to the conditions of Chapters 18.14 and 18.15 NMC.

See locational restrictions on uses described in NMC § 18.15.090.

Only as an accessory to a school, college/university or church.

Accessory dwelling units: only as provided in Chapter 18.31 NMC.

Reserved.

Reserved.

Reserved.

For new residential development in the MU-C and DT/DC zones, nonresidential uses, as permitted in this chapter, must occupy a majority of a building's ground floor frontage.

Reserved.

Reserved.

Reserved.

Subject to cottage housing provisions, Chapter 18.19 NMC.

Cottage housing developments are not permitted in the MU-C and MU-R zones. Cottage housing developments are not allowed in the MU zone unless they are within 700 feet of Lake Boren.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

Subject to short-term rental provisions, Chapter 18.30 NMC.

While two accessory dwelling units may be attached to a single detached residence in the urban residential zones, that arrangement is not considered a triplex.

Buildable land owned by religious institutions is eligible to receive any applicable density bonus for affordable housing in Chapter 18.22, 18.34 or 18.38 NMC regardless of the zone the land is within.

The following conditions and limitations shall apply, where appropriate:

See locational restrictions on uses described in NMC § 18.15.090.

Reserved.

Limited to recreation facilities for residents of a specified residential development.

Reserved.

Adult use facilities shall be prohibited within 660 feet of any residential zones, any other adult use facility, school-licensed daycare centers, public parks, community centers, public libraries or churches which conduct religious or educational classes for minors.

Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

Only as an accessory to golf courses.

Reserved.

Reserved.

Reserved.

Only as accessory to a nonresidential use established through a discretionary permit process and limited in scale to ensure compatibility with surrounding neighborhoods.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

Encampments, safe parking, overnight shelters, and temporary small houses for homeless persons are permitted on the grounds of lands owned or controlled by a religious organization.

See locational restrictions on uses described in NMC § 18.15.090.

Reserved.

Limited to SIC Industry Group and Industry Nos.:

Reserved.

Reserved.

Only as an accessory to residential use, provided:

Permitted as an accessory use, see commercial/industrial accessory, NMC § 18.08.060(A).

Only as a re-use of a public school facility, subject to the provisions of Chapter 18.32 NMC, an accessory use to a school or church, provided:

As a home occupation only; provided, that the square footage limitations in Chapter 18.30 NMC for home occupations apply only to the office space for the clinic; and provided further, that:

Subject to the following:

Only as an accessory to a gasoline service station; see retail land uses table, NMC § 18.08.070.

Only as a re-use of a public school facility subject to the provisions of Chapter 18.32 NMC.

Only as a re-use of surplus nonresidential facility subject to Chapter 18.32 NMC.

Covered riding arenas shall not exceed 20,000 square feet; stabling areas, whether attached or detached, shall not be counted in this calculation and subject to the provisions of NMC § 6.10.022.

Reserved.

Reserved.

All instruction must be within an enclosed structure.

Reserved.

Reserved.

Reserved.

General service uses are allowed in the MU-R zone only if residential uses are included and occupy a majority of the floor area of each floor above the ground level of the same structure.

Limited to a public or community use such as a school, fire station or community center.

Reserved.

Only when adjacent to an existing or proposed school.

Reserved.

Reserved.

Reserved.

Only as part of a historic district or site.

Reserved.

Reserved.

Use allowed only on Type 1 or Type 2 streets within the community business center as defined in NMC § 18.15.080 and only as a part of a mixed use structure.

Level 1 and Level 2 charging only.

Level 1 and Level 2 charging are permitted in critical areas and buffers when serving an existing use.

Allowed only as accessory to a principal outright permitted use or permitted conditional use.

The term "rapid" is used interchangeably with "Level 3" and "fast charging."

Only "electric vehicle charging station – restricted" as defined in Chapter 18.06 NMC.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

See locational restrictions on uses described in NMC § 18.15.090.

Except SIC Industry No. 8732 – Commercial economic, sociological, and educational research, see general business service/office.

Subject to one of the following:

Only as a re-use of a surplus nonresidential facility subject to Chapter 18.32 NMC.

Reserved.

Subject to the following:

Reserved.

Except in commercial/industrial zones, such facilities shall be located on the same lot that they are designed to serve except in subdivisions that set aside a separate tract for such facilities. In commercial/industrial zones, such facilities which are not located on the lot they are designed to serve shall be located on a lot with the same or more intensive zoning designation.

Business services are allowed in the MU-R zone only if residential uses are included and predominate on the upper floors of the same structure.

Limited to office uses.

Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.

In nonresidential zones (all zones except R and MU-R zones), wireless communications facilities (WCFs) shall only be allowed through approval of a wireless communications facility (WCF) permit (NMC § 18.44.055) as attachments to existing nonresidential structures and in accordance with Chapter 18.25 NMC; provided, that WCFs that are exempt from the provisions of Chapter 18.25 NMC are permitted without WCF permits. WCFs are not allowed on residential structures in any zone.

In residential zones (R and MU-R zones) wireless communications facilities (WCFs) shall only be allowed through approval of a conditional use permit (NMC § 18.44.050) when within existing regional electrical utility corridors or developed street rights-of-way, and in accordance with Chapter 18.25 NMC, and shall not be allowed in undeveloped street rights-of-way or on private property (except in existing regional electric utility corridors); provided, that WCFs that are exempt from the provisions of Chapter 18.25 NMC are permitted without conditional use permits. WCFs are not allowed on residential structures in any zone.

Accessory to an apartment development of at least 12 units provided:

Reserved.

Only as an accessory use to another permitted use.

Reserved.

Reserved.

Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:

Reserved.

Reserved.

Reserved.

Limited to emergency medical evacuation sites in conjunction with police, fire or health service facility.

Reserved.

Reserved.

Reserved.

Subject to the following:

Excluding liquefied natural gas storage tanks.

Excluding bulk gas storage tanks.

Subject to the following:

Reserved.

Reserved.

Reserved.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

Subject to additional criteria and requirements listed in NMC § 18.44.052, regional utility facilities.

Reserved.

Only hardware and garden materials stores shall be permitted.

Reserved.

Reserved.

Limited to SIC Industry No. 5331 – Variety stores, and further limited to a maximum of 2,000 square feet of gross floor area, except in the MU, MU-R, and MU-C zones where the maximum allowable gross floor area is 10,000 square feet.

Reserved.

Subject to the following:

Only as an accessory to golf courses.

Only the sale of new or reconditioned automobile supplies is permitted.

Excluding SIC Industry No. 5813 – Drinking places.

Subject to the conditions and regulations provided in Chapter 5.10 NMC, relating to the operation and licensing requirements for adult entertainment businesses. Subject further to the condition that no adult entertainment business shall be located within 660 feet of any residential zone, other adult entertainment business, school, licensed daycare center, public park, community center, public library, or church conducting religious or educational classes for minors.

No outside storage of fuel trucks and equipment.

Retail uses are allowed in the MU-R zone only if residential uses are included and occupy a majority of the floor area of each floor above the ground level of the same structure.

See locational restrictions on uses described in NMC § 18.15.090.

See Chapter 18.23 NMC.

Reserved.

Reserved.

Reserved.

Reserved.

Reserved.

Reserved.

The total area allowed for outdoor storage and/or outdoor merchandise display shall be limited to five percent of the total gross square footage of the use; provided such area may be increased to no more than 20 percent of the total gross square footage of the use if it is fenced, screened and located in a manner acceptable to the director. This standard does not apply to temporary uses such as material storage during construction or street vendors.

Use allowed only on Type 1 or Type 2 streets within the community business center as defined in NMC § 18.15.080 and only as a part of a mixed use structure.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

Allowed in the MU-R zone only if residential uses are included and occupy a majority of the floor area of each floor above the ground level of the same structure.

Except slaughterhouses.

See locational restrictions on uses described in NMC § 18.15.090.

Reserved.

Reserved.

Reserved.

Limited to photocopying and printing services offered to the general public.

Only within enclosed buildings, and as an accessory use to retail sales.

Reserved.

Reserved.

Reserved.

Reserved.

Reserved.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.

Except technical institutions. See vocational schools on general services land use table, NMC § 18.08.050.

Reserved.

Except weapons armories and outdoor shooting ranges.

Reserved.

Reserved.

See locational restrictions on uses described in NMC § 18.15.090.

Reserved.

Reserved.

Reserved.

Only as a re-use of a public school facility subject to the provisions of Chapter 18.32 NMC.

Only as a re-use of surplus nonresidential facility subject to the provisions of Chapter 18.32 NMC.

Limited to cogeneration facilities for on-site use only.

Reserved.

Reserved.

Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:

Reserved.

Only as an accessory to a local police station.

Reserved.

Reserved.

Marijuana producers, marijuana processors, marijuana retailers, marijuana retail outlets, marijuana researchers, medical marijuana collective gardens and medical marijuana cooperatives shall not be permitted and are prohibited in the urban residential zones (R-1–6 and R-12–24), limited open space zone (LOS), mixed use zone (MU), mixed use commercial zone (MU-C), mixed use residential zone (MU-R), neighborhood business zone (NB), downtown zones (DT/DC) and community business overlay zone (CBC) as a primary use, accessory use or home occupation.