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Title 18
ZONINGChapters:
18.02 Authority, Purpose, Interpretation and Administration
18.04 Zones, Maps and Designations
18.06 Technical Terms and Land Use Definitions
18.08 Permitted Uses
18.12 Development Standards – Density and Dimensions
18.14 Development Standards – Design Requirements
18.15 Community Business Center Design Guidelines
18.16 Development Standards – Landscaping and Tree Retention
18.18 Development Standards – Parking and Circulation
18.20 Development Standards – Signs
18.22 Repealed
18.24 Critical Areas
18.25 Wireless Communications Facilities
18.26 Repealed
18.28 Development Standards – Adequacy of Public Facilities and Services
18.30 Development Standards – Animals, Home Occupations, Home Industry and Secure Community Transition Facilities
18.31 Accessory Dwelling Units
18.32 General Provisions – Nonconformance, Temporary Uses, and Re-Use of Facilities
18.34 General Provisions – Residential Density Incentives
18.36 General Provisions – Floor Area Ratio Incentives
18.38 Repealed
18.40 Recodified
18.42 Recodified
18.44 Decision Criteria
18.46 Amendments
18.50 Enforcement
Chapter 18.02
AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATIONSections:
18.02.010 Title.
18.02.020 Authority to adopt code.
18.02.030 Purpose.
18.02.040 Conformity with this title required.
18.02.050 Minimum requirements.
18.02.060 Interpretation – General.
18.02.070 Interpretation – Standard industrial classification.
18.02.080 Interpretation – Zoning maps.
18.02.090 Administration and review authority.
18.02.100 Severability.
18.02.010 Title.
This title shall be known as the city of Newcastle zoning code, hereinafter referred to as “this title.” (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.020 Authority to adopt code.
The city of Newcastle zoning code is adopted by city of Newcastle ordinance, pursuant to the Washington State Constitution; and Chapter 35A.63 RCW. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.030 Purpose.
The general purposes of this title are:
A. To encourage land use decision making in accordance with the public interest and applicable laws of the state of Washington;
B. To protect the general public health, safety, and welfare;
C. To implement the city of Newcastle comprehensive plan’s policies and objectives through land use regulations;
D. To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;
E. To provide for adequate public facilities and services in conjunction with development; and
F. To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.040 Conformity with this title required.
A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.
B. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and the city’s subdivision code.
C. All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other city regulations, the more restrictive requirements shall apply.
D. Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.050 Minimum requirements.
In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.060 Interpretation – General.
A. In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.
B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise, subject to other standards in code and any required permits for structures.
C. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. In case of any ambiguity, difference of meaning or implication between the text and any heading, caption or illustration, the text and the permitted use tables in Chapter 18.08 NMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.
D. The word “shall” is mandatory and the word “may” is discretionary.
E. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.070 Interpretation – Standard industrial classification.
A. All references to the Standard Industrial Classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 edition, prepared by United States Office of Management and Budget which are hereby adopted by reference. The SIC is used, with modifications to suit the purposes of this title, to list and define land uses authorized to be located in the various zones.
B. The SIC categorizes each land use under a general two-digit major group number, or under a more specific three- or four-digit industry group or industry number. A use shown on a land use table with a two-digit number includes all uses listed in the SIC for that major group. A use shown with a three-digit or four-digit number includes only the uses listed in the SIC for that industry group or industry, respectively, and the uses so listed are excluded from the respective major group.
C. An asterisk (*) in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this title. The definition may include one or more SIC subclassification numbers, or may define the use without reference to the SIC.
D. The director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone’s purpose as set forth in Chapter 18.04 NMC, by considering the following factors:
1. The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation;
2. Whether or not the use complements or is compatible with other uses permitted in the zone; and
3. The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use.
E. The decision of the director on an SIC classification shall be final unless the applicant or an adverse party files an appeal to the hearing examiner pursuant to NMC Title 19, Administrative Procedures. (Ord. 97-153 §§ 13, 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.080 Interpretation – Zoning maps.
Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:
A. Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non road-related uses by adjacent property owners, if allowed in the right-of-way shall meet the same zoning requirements regulating the property owner’s lot;
B. Where boundaries are indicated as following approximately lot lines, the actual lot lines shall be considered the boundaries;
C. Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and
D. If none of the rules of interpretation described in subparagraphs (A) through (C) apply, then the zoning boundary shall be determined by map scaling. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.090 Administration and review authority.
A. The director shall have the authority to grant, condition or deny applications for temporary use permits.
B. Except for other agencies with authority to implement specific provisions of this title, the director shall have the sole authority to issue official interpretations of this title.
C. The director is hereby authorized after the date of the adoption of the ordinance codifed in this chapter to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title; provided, that the adopted provisions of the code shall control. (Ord. 2005-311 § 1; Ord. 97-153 §§ 14, 15, 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.02.100 Severability.
Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.04
ZONES, MAPS AND DESIGNATIONS*Sections:
18.04.005 Zoning map adopted.
18.04.010 Zones and map designations established.
18.04.020 Zone and map designation purpose.
18.04.030 Limited open space.
18.04.040 Mixed use.
18.04.050 Reserved.
18.04.060 Reserved.
18.04.070 Reserved.
18.04.080 Residential zone.
18.04.090 Neighborhood business zone.
18.04.100 Community business zone.
18.04.110 Reserved.
18.04.120 Office zone.
18.04.130 Community business center overlay zone.
18.04.135 Industrial zone.
18.04.140 Regional use designation.
18.04.150 Reserved.
18.04.160 Special district overlay.
18.04.170 Newly annexed territory.
18.04.180 Undesignated property.
18.04.190 Zoning maps and boundaries.
* Prior legislation: Ords. 18 and 45.
18.04.005 Zoning map adopted.
The city of Newcastle zoning map, on file with the office of the city clerk, is adopted as the official zoning map for the city. (Ord. 97-144 § 1; Ord. 45 § 1, 1994).
18.04.010 Zones and map designations established.
In order to accomplish the purposes of this title the following zoning designations and zoning map symbols are established:
Zoning Designations
Map Symbol
Limited Open Space
LOS
Mixed Use
MU
Mixed Use Residential
MU-R
Mixed Use Commercial
MU-C
Residential
R
Neighborhood Business
NB
Community Business
CB
Office
O
Community Business Center Overlay
CBC
Industrial
I
Regional Use
Case file number following zone’s map symbol
Property-specific development standards
P (suffix to zone’s map symbol)
Special District Overlay
SO (suffix to zone’s map symbol)
(Ord. 2003-274 § 1; Ord. 2001-239 § 1; Ord. 2000-210 § 1; Ord. 97-145 Exh. B).
18.04.020 Zone and map designation purpose.
The purpose statements for each zone and map designation set forth in the following sections shall be used to guide the application of the zones and designations to all lands in the city of Newcastle. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. (Ord. 97-145 Exh. B).
18.04.030 Limited open space.
The purpose of the limited open space land use designation (LOS) is to provide and recognize areas of the city where substantial critical areas exist on private or public lands; at the same time recognizing the rights of property owners to improve and use their property for primarily recreation-based uses. This land use designation does not replace or supersede the city’s environmentally critical areas section in the zoning code, but is meant instead to designate areas of the city where the scale of the critical lands is a substantial part of each property.
Allowed uses within this district are restricted to protect the function of critical areas in the limited open space (LOS). This conforms to the city’s intent to protect the consequences of building in these areas. Designating land as LOS would allow for a variety of recreational-based development including parks, ball fields, playgrounds, arboretums and golf courses with accessory uses including restaurants, banquet areas, shops, guest houses or lodging and public maintenance facilities. Accessory uses may include public and private parking facilities (emphasis added). (Ord. 2007-362 § 3; Ord. 2005-311 § 1; Ord. 2000-210 § 2; Ord. 97-145 Exh. B).
18.04.040 Mixed use.
The purpose of mixed use (MU) as a land use designation is to enable development of integrated, retail, general commercial, office, a variety of housing types, pedestrian-oriented design, traffic circulation and open space that is compatible within itself and with the rest of the community business center. The purpose of the mixed use-residential (MU-R) zone is to provide a land use designation to encourage mixed use with an emphasis on residential uses. The purpose of the mixed use-commercial (MU-C) zone is to provide a land use designation for mixed use development focusing on commercial uses.
A. Provide an environment to live, work, shop and play within a single master-planned site.
B. The mixed use designation is intended to allow for the creative design and development of the land and be reviewed on the merits of the site design and compatibility with the vision set in the proposed draft comprehensive plan.
C. Develop with a common design including but not limited to buildings, sidewalks, trails, lighting, roads, parking, signs and parks/open space.
D. A mix of compatible uses to allow for internalization of trips and appropriate intensity of development as well as ensuring the safe and efficient movement of goods and people.
E. A site designed for pedestrian, bicycle and vehicle access and circulation or connections to the adjacent land uses.
F. Require sufficient housing density to enable cost-effective extension of utilities, services and to help sustain the mixed use development.
G. Provide a high level of amenities and protection for sensitive areas within or adjacent to the development by incorporating into the design natural features such as steep slopes, streams and wetlands.
H. Avoid development that represents strip commercial appearance.
I. Require the sites to have access to arterial streets.
J. Create public focal points and activity centers and provide a sense of community for the occupants and the public.
K. Housing types that are acceptable within a mixed use site include:
1. Apartments with five or more units per structure;
2. Fourplexes, eightplexes or more;
3. Townhouses;
4. Retirement homes/apartments;
5. Assisted care housing;
6. Multifamily residences above commercial uses (e.g., multiple apartments above retail or office uses). (Ord. 2001-239 § 2; Ord. 97-145 Exh. B).
18.04.050 Reserved.
(Ord. 97-145 Exh. B).
18.04.060 Reserved.
(Ord. 97-145 Exh. B).
18.04.070 Reserved.
(Ord. 97-145 Exh. B).
18.04.080 Residential zone.
A. The purpose of the urban residential zone (R) is to implement comprehensive plan goals and policies for housing quality, diversity and affordability, and to efficiently use residential land, public services and energy. These purposes are accomplished by:
1. Providing, in the R-1 through R-8 zones, for a mix of predominantly single detached dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities;
2. Providing, in the R-12 through R-48 zones, for a mix of predominantly apartment and townhome dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities;
3. Allowing only those accessory and complementary nonresidential uses that are compatible with residential communities; and
4. Establishing density designations to facilitate advanced area-wide planning for public facilities and services, and to protect environmentally sensitive sites from overdevelopment.
B. Use of this zone is appropriate in residential areas designated by the comprehensive plan as follows:
1. The R-1 zone on or adjacent to lands with area-wide environmental constraints, or in well-established subdivisions of the same density, which are served at the time of development by public or private facilities and services adequate to support planned densities;
2. The R-4 through R-8 zones on urban lands that are predominantly environmentally unconstrained and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services; and
3. The R-12 through R-48 zones in appropriate areas of the city that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).
18.04.090 Neighborhood business zone.
A. The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by:
1. Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding residential area;
2. Allowing for a mix of housing and retail/service uses; and
3. Excluding industrial and community/regional business-scaled uses.
B. Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).
18.04.100 Community business zone.
A. The purpose of the community business zone (CB) is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:
1. Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas;
2. Allowing for a mix of housing and retail/service uses; and
3. Excluding commercial uses with extensive outdoor storage or auto-related and industrial uses.
B. Use of this zone is appropriate in commercial areas that are designated by the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).
18.04.110 Reserved.
(Ord. 97-145 Exh. B).
18.04.120 Office zone.
A. The purpose of the office zone (O) is to provide for pedestrian and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
1. Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;
2. Providing for higher building heights and floor area ratios than those found in the CB zone;
3. Reducing the ratio of required parking to building floor area;
4. Allowing for on-site convenient daily retail and personal services for employees and residences; and
5. Excluding auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents.
B. Use of this zone is appropriate in commercial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).
18.04.130 Community business center overlay zone.
A. The purpose of the community business center (CBC) overlay zone is to provide a commercial core area as a pedestrian-oriented mixed use focus for commercial and civic activities. The CBC overlay will enhance the downtown commercial core, preserve the Lake Boren area and encourage a new mixed use center in the Coal Creek area. These purposes are accomplished by:
1. Encouraging a pedestrian-oriented focus for commercial and civic activities;
2. Allowing multi-story quality infill development;
3. Allowing a mix of commercial and residential uses;
4. Protecting sensitive areas and open space; and
5. Implementing the CBC Design Guidelines.
B. Use of this overlay zone is appropriate in the Community Business Center/Lake Boren corridor area designated by the comprehensive plan. (Ord. 2001-239 § 3; Ord. 97-145 Exh. B).
18.04.135 Industrial zone.
A. The purpose of the industrial zone (I) is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
1. Allowing for a wide range of industrial and manufacturing uses;
2. Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and
3. Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.
B. Use of this zone is appropriate in industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 2003-274 § 1; Ord. 2001-239 § 3; Ord. 97-145 Exh. B).
18.04.140 Regional use designation.
The purpose of the regional use designation (case file number following underlying zone’s map symbol) is to provide for the individual review of certain proposed uses with unique characteristics and adverse impacts on neighboring properties. Regional uses are of a size that involve activities which require individual review to determine compatibility with surrounding uses. (Ord. 97-145 Exh. B).
18.04.150 Reserved.
(Ord. 97-145 Exh. B).
18.04.160 Special district overlay.
The purpose of the special district overlay designation (-SO suffix to zone’s map symbol) is to carry out comprehensive plan policies that identify special opportunities for achieving public benefits by allowing or requiring alternative uses and development standards that differ from the general provisions of this title. Special district overlays are generally applied to a group of individual properties or entire planning subareas. (Ord. 97-145 Exh. B).
18.04.170 Newly annexed territory.
All newly annexed territory shall be designated R-1 until the zoning map is amended pursuant to NMC 18.04.190 and the annexed territory is classified in conformance with the city of Newcastle comprehensive plan. (Ord. 97-145 Exh. B).
18.04.180 Undesignated property.
All property not designated by the zoning map shall be designated LOS. (Ord. 2000-210 § 3; Ord. 97-145 Exh. B).
18.04.190 Zoning maps and boundaries.
A. The location and boundaries of the zones defined by this chapter shall be shown and delineated on a zoning map adopted by ordinance.
B. Changes in the boundaries of the zones shall be made by ordinance adopting or amending the zoning map. (Ord. 97-145 Exh. B).
Chapter 18.06
TECHNICAL TERMS AND LAND USE DEFINITIONSSections:
18.06.001 Scope of chapter.
18.06.005 Accessory living quarters.
18.06.008 Repealed.
18.06.010 Accessory use, commercial/industrial.
18.06.013 Accessory use, residential.
18.06.015 Adult entertainment business.
18.06.016 Adult family home.
18.06.018 Repealed.
18.06.020 Agricultural products.
18.06.023 Aircraft, ship and boat manufacturing.
18.06.025 Airport/heliport.
18.06.028 Alley.
18.06.029 Alteration.
18.06.030 Amusement arcades.
18.06.033 Repealed.
18.06.034 Antenna.
18.06.035 Apartment.
18.06.036 Applicant.
18.06.036.1 Aquatic area.
18.06.037 Assisted living.
18.06.038 Auction house.
18.06.039 Average finished grade.
18.06.043 Base flood.
18.06.045 Base flood elevation.
18.06.048 Bed and breakfast guesthouse.
18.06.050 Repealed.
18.06.052 Best management practices.
18.06.053 Billboard.
18.06.055 Billboard face.
18.06.057 Binding site plan.
18.06.059 Biologist.
18.06.060 Biologist, wetland.
18.06.061 Book, stationery, video and art supply store.
18.06.062 Boundary line adjustment.
18.06.063 Broadleaf tree.
18.06.065 Buffer, critical area.
18.06.068 Building.
18.06.069 Building area, building site.
18.06.070 Building, hardware and garden materials store.
18.06.073 Building coverage.
18.06.075 Building envelope.
18.06.078 Building facade.
18.06.079 Building height.
18.06.080 Building official.
18.06.083 Bulk retail.
18.06.085 Calculated LOS.
18.06.088 Campground.
18.06.090 Capacity, school.
18.06.093 Capital facilities plan, school.
18.06.095 Cattery.
18.06.098 Cemetery, columbarium or mausoleum.
18.06.100 Church, synagogue or temple.
18.06.103 Classrooms, school.
18.06.105 Clearing.
18.06.107 Repealed.
18.06.108 Coal mine hazard areas.
18.06.110 Cogeneration.
18.06.112 Co-location.
18.06.113 Repealed.
18.06.115 Repealed.
18.06.118 Community residential facility (CRF).
18.06.120 Compensatory storage.
18.06.121 Composting.
18.06.123 Conditional use permit.
18.06.124 Condominium.
18.06.125 Condominium conversion.
18.06.126 Conference center.
18.06.128 Repealed.
18.06.130 Consolidation.
18.06.133 Construction cost per student, school.
18.06.134 Creation.
18.06.135 Critical areas.
18.06.136 Critical drainage area.
18.06.138 Critical facility.
18.06.139 Cul-de-sac.
18.06.140 Daycare.
18.06.143 Deciduous.
18.06.145 Repealed.
18.06.148 Department.
18.06.150 Department and variety store.
18.06.153 Destination resort.
18.06.155 Developer.
18.06.157 Development.
18.06.158 Development activity.
18.06.160 Development agreement.
18.06.163 Development proposal.
18.06.165 Development proposal site.
18.06.168 Direct traffic impact.
18.06.170 Director.
18.06.171 Ditch.
18.06.173 Dormitory.
18.06.174 Drive-through.
18.06.175 Drop box facility.
18.06.178 Drug store.
18.06.180 Dwelling unit.
18.06.183 Dwelling unit, accessory.
18.06.195 Repealed.
18.06.198 Effective radiated power.
18.06.200 Elderly.
18.06.203 Electrical conversion substation.
18.06.205 Repealed.
18.06.206 Engineer, civil, geotechnical and structural.
18.06.208 Enhancement.
18.06.210 Equipment, heavy.
18.06.211 Equipment enclosure.
18.06.213 Erosion.
18.06.215 Erosion hazard area.
18.06.218 Evergreen.
18.06.223 Fabric shop.
18.06.225 Facilities standard, school.
18.06.228 Factory-built commercial building.
18.06.230 Repealed.
18.06.233 Family.
18.06.235 Federal Emergency Management Agency (FEMA) floodway.
18.06.238 Repealed.
18.06.240 Fence.
18.06.243 Flood fringe.
18.06.245 Flood hazard areas.
18.06.248 Flood insurance rate map.
18.06.250 Flood insurance study for King County.
18.06.253 Flood protection elevation.
18.06.255 Floodplain.
18.06.258 Floodproofing.
18.06.260 Floodway, zero-rise.
18.06.261 Floor area ratio.
18.06.263 Florist shop.
18.06.265 Repealed.
18.06.268 Forest practice.
18.06.270 Forest product sales.
18.06.273 Repealed.
18.06.274 Foster home.
18.06.274.5 Freestanding.
18.06.275 Frequency, electronic or electrical.
18.06.277 Furniture and home furnishings store.
18.06.278 Garage, parking or commercial.
18.06.279 Garage, private.
18.06.280 General business service.
18.06.283 Geologist.
18.06.285 Repealed.
18.06.288 Golf facility.
18.06.290 Grade span, school.
18.06.293 Grading.
18.06.295 Repealed.
18.06.298 Groundcover.
18.06.299 Hazard tree.
18.06.300 Hazardous household substance.
18.06.303 Hazardous substance.
18.06.304 Hearing examiner.
18.06.305 Heavy equipment repair.
18.06.308 Helistop.
18.06.310 Hobby, toy, and game shop.
18.06.313 Home industry.
18.06.315 Home occupation.
18.06.318 Repealed.
18.06.320 Hydroelectric generation facility.
18.06.321 Hydrologically connected.
18.06.323 Impervious surface.
18.06.324 Improved area.
18.06.325 Improved public roadways.
18.06.328 Individual transportation and taxi.
18.06.330 Interim recycling facility.
18.06.333 Jail.
18.06.335 Repealed.
18.06.338 Jewelry store.
18.06.340 Kennel.
18.06.342 Lake.
18.06.343 Repealed.
18.06.345 Landing field.
18.06.348 Landscaping.
18.06.350 Landslide.
18.06.353 Landslide hazard areas.
18.06.355 Level of service (LOS).
18.06.358 Light equipment.
18.06.360 Repealed.
18.06.363 Repealed.
18.06.365 Repealed.
18.06.368 Loading space.
18.06.369 Repealed.
18.06.370 Lot.
18.06.371 Lot area.
18.06.372 Lot, corner.
18.06.373 Lot coverage.
18.06.374 Lot depth.
18.06.375 Lot, interior.
18.06.376 Lot, irregular.
18.06.377 Lot line.
18.06.378 Repealed.
18.06.379 Lot line, front.
18.06.380 Lot line, rear.
18.06.381 Lot line, side.
18.06.382 Lot of record.
18.06.383 Lot, through.
18.06.384 Lot width.
18.06.385 Manager, city manager.
18.06.386 Material error.
18.06.387 Microbrewery/winery.
18.06.388 Microwave.
18.06.389 Mitigation.
18.06.390 Mobile home park.
18.06.391 Mobile or manufactured home.
18.06.392 Modular home.
18.06.393 Monitoring.
18.06.395 Monument, tombstone, and gravestone sales.
18.06.397 Motel.
18.06.398 Motor vehicle, boat and mobile home dealer.
18.06.400 Motor vehicle and bicycle manufacturing.
18.06.402 Multifamily.
18.06.403 Municipal water production.
18.06.405 Native vegetation.
18.06.408 Naturalized species.
18.06.410 Nonconformance.
18.06.413 Nonhydroelectric generation facility.
18.06.415 Nonionizing electromagnetic radiation (NIER).
18.06.418 Noxious weed.
18.06.419 Nursing or convalescent home.
18.06.420 Office.
18.06.421 Open space.
18.06.422 Open-work fence.
18.06.423 Ordinary high water mark.
18.06.425 Outdoor performance center.
18.06.428 Park.
18.06.430 Park service area.
18.06.431 Parking area.
18.06.432 Parking lot.
18.06.433 Parking lot aisle.
18.06.435 Parking lot unit depth.
18.06.438 Parking space.
18.06.440 Parking space angle.
18.06.443 Party of record.
18.06.445 Peak hour.
18.06.446 Pedestrian-oriented land use.
18.06.448 Permanent school facilities.
18.06.450 Personal medical supply store.
18.06.453 Pet shop.
18.06.455 Photographic and electronic shop.
18.06.458 Planned unit development (PUD).
18.06.460 Plant associations of infrequent occurrence.
18.06.461 Plat.
18.06.462 Principal residence.
18.06.463 Private.
18.06.465 Repealed.
18.06.468 Professional office.
18.06.470 Public agency.
18.06.473 Public agency animal control facility.
18.06.475 Public agency archive.
18.06.478 Public agency office.
18.06.480 Public agency training facility.
18.06.483 Public agency yard.
18.06.488 Repealed.
18.06.489 Recreational facilities.
18.06.490 Recreational vehicle (RV).
18.06.493 Recreational vehicle parks.
18.06.494 Rectification.
18.06.495 Recyclable material.
18.06.496 Recycling.
18.06.498 Repealed.
18.06.500 Regional utility corridor.
18.06.503 Relocatable facility, school.
18.06.505 Relocatable facilities cost per student.
18.06.508 Repealed.
18.06.510 Restoration, critical area.
18.06.513 Retail, comparison.
18.06.515 Retail, convenience.
18.06.518 Retention/detention facility.
18.06.519 Rezone.
18.06.519.5 Roadway.
18.06.520 Salmonid.
18.06.523 School bus base.
18.06.525 School district.
18.06.528 School district support facility.
18.06.530 Schools, elementary, and middle/junior high.
18.06.532 Schools, preschool.
18.06.533 Schools, secondary or high.
18.06.534 Screen, screening.
18.06.535 Secure community transition facilities (SCTF).
18.06.536 Seismic hazard areas.
18.06.538 Self-service storage facility.
18.06.540 Repealed.
18.06.541 Senior citizen assisted.
18.06.545 Setback.
18.06.546 Setback. front.
18.06.547 Setback, rear.
18.06.548 Setback, side.
18.06.550 Repealed.
18.06.553 Shelters for temporary placement.
18.06.554 Shooting range.
18.06.554.5 Shopping plaza.
18.06.555 Repealed.
18.06.556 Repealed.
18.06.558 Sign.
18.06.560 Sign, awning.
18.06.563 Sign, changing message center.
18.06.565 Sign, community bulletin board.
18.06.568 Sign, directional.
18.06.570 Sign, freestanding.
18.06.573 Sign, fuel price.
18.06.575 Sign, incidental.
18.06.578 Sign, indirectly illuminated.
18.06.580 Sign, monument.
18.06.583 Sign, off-premises directional.
18.06.585 Sign, on-premises.
18.06.588 Sign, permanent residential development identification.
18.06.590 Sign, portable.
18.06.593 Sign, projecting.
18.06.595 Sign, wall.
18.06.598 Significant tree.
18.06.599 Single detached.
18.06.600 Site cost per student.
18.06.601 Site plan.
18.06.602 Site plan review.
18.06.603 Repealed.
18.06.605 Repealed.
18.06.606 Solid waste.
18.06.608 Source-separated organic material.
18.06.610 Special use permit.
18.06.613 Specialized instruction school.
18.06.615 Specified sexual activities.
18.06.618 Sporting goods store.
18.06.620 Sports club.
18.06.623 Stable.
18.06.625 Standard of service, school.
18.06.628 Steep slope hazard areas.
18.06.630 Stream functions.
18.06.633 Streams.
18.06.635 Street.
18.06.638 Street frontage.
18.06.640 Structure.
18.06.641 Structure, residential.
18.06.643 Student factor.
18.06.644 Subdivision.
18.06.645 Subdivision, short.
18.06.647 Submerged land.
18.06.648 Substantial improvement.
18.06.648.5 Support structure.
18.06.649 Surface water conveyance.
18.06.649.5 Surface water discharge.
18.06.650 Temporary use permit.
18.06.653 Tightline to a sewer.
18.06.654 Townhome.
18.06.655 Trails.
18.06.658 Transfer station.
18.06.660 Transit base.
18.06.663 Transit park and ride lot.
18.06.665 Transitional housing facilities.
18.06.668 Transmission equipment, electronic.
18.06.670 Transmission line booster station.
18.06.673 Repealed.
18.06.675 Repealed.
18.06.678 Transportation system management (TSM).
18.06.679 Tributary drainage area.
18.06.680 Ultimate roadway section.
18.06.685 Use.
18.06.686 Used by salmonids.
18.06.687 Utility corridor.
18.06.688 Utility facility.
18.06.690 Variance.
18.06.693 Vegetation.
18.06.694 Vendor cart.
18.06.695 Vocational school.
18.06.698 Volcanic hazard area.
18.06.700 Warehousing and wholesale trade.
18.06.703 Wastewater treatment facility.
18.06.705 Water dependent use, critical area.
18.06.708 Repealed.
18.06.710 Wetland.
18.06.710.5 Wetland buffer.
18.06.711 Wetland edge.
18.06.712 Wetland, hydrologically isolated.
18.06.713 Wetland categories.
18.06.713.1 Wetland complex.
18.06.713.2 Wetland creation.
18.06.713.3 Wetland enhancement.
18.06.713.4 Wetland functions.
18.06.713.5 Wetland reestablishment.
18.06.713.6 Wetland rehabilitation.
18.06.714 Wetpond.
18.06.714.5 Wildlife.
18.06.715 Wildlife shelter.
18.06.716 Wireless communications facility.
18.06.717 Wireless communications facility permit.
18.06.718 Work release facility.
18.06.720 Yard waste processing facility.
18.06.001 Scope of chapter.
This chapter contains definitions of technical and procedural terms used throughout the code as well as definitions of land use shown in Chapter 18.08 NMC, Permitted Uses. See Chapter 18.02 NMC, Authority, Purpose, Interpretation and Administration, for rules on interpretation of the code, including use of these definitions. Development standards are found in Chapters 18.12 through 18.34 NMC. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.005 Accessory living quarters.
Living quarters in an accessory building for the use of the occupant or persons employed on the premises, or for temporary use of guests of the occupant. Such quarters have no kitchen and are not otherwise used as a separate dwelling unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.008 Accessory use, resource.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.010 Accessory use, commercial/industrial.
A. A use that is subordinate and incidental to a commercial or industrial use, including, but not limited to, the following uses:
1. Administrative offices;
2. Employee exercise facilities;
3. Employee food service facilities;
4. Incidental storage of raw materials and finished products sold or manufactured on-site;
5. Business owner or caretaker residence;
6. Cogeneration facilities; and
7. Ground maintenance facilities.
B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.013 Accessory use, residential.
A. A use, structure, or activity which is subordinate and incidental to a residence including, but not limited to, the following uses:
1. Accessory living quarters and dwellings;
2. Fallout/bomb shelters;
3. Keeping household pets;
4. On-site rental office;
5. Pools, private docks, and piers;
6. Antennas for private telecommunication services;
7. Storage of yard maintenance equipment; or
8. Storage of private vehicles, e.g., motor vehicles, boats, trailers or planes.
B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.015 Adult entertainment business.
Adult entertainment business has the definition contained in NMC 5.10.010. (Ord. 2005-311 § 1; Ord. 98-180 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.016 Adult family home.
A regular family abode in which a person or persons provides personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 2005-311 § 1).
18.06.018 Agricultural crop sales.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.020 Agricultural products.
Items resulting from the practice of agriculture, including crops such as fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and meat. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.023 Aircraft, ship and boat manufacturing.
The fabrication and/or assembling of aircraft, ships or boats, and including uses located in SIC Industry Group Nos.:
A. 372 – Aircraft and parts; and
B. 373 – Ship and boat building and repairing. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.025 Airport/heliport.
Any runway, landing area or other facility excluding facilities for the primary use of the individual property owner which is designed or used by both public carriers or private aircraft for the landing and taking off of aircraft, including the following associated facilities:
A. Taxiways;
B. Aircraft storage and tie-down areas;
C. Hangars;
D. Servicing; and
E. Passenger and air freight terminals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.028 Alley.
An improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designed for general traffic circulation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.029 Alteration.
For purposes of critical areas regulation, any human activity which results in or is likely to result in an impact upon the existing condition of a critical area. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, applying pesticides, herbicides, fertilizers or any other hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, operating vehicles or equipment, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in an impact to existing vegetation, hydrology, water quality, wildlife, habitat, critical areas or other resources or natural or built features. Alterations do not include walking, fishing or any other passive recreation or other similar activities. (Ord. 2005-311 § 1; Ord. 2000-224 § 2).
18.06.030 Amusement arcades.
A building or part of a building in which five or more pinball machines, video games, or other such player-operator amusement devices (excluding juke boxes or gambling-related machines) are operated. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.033 Animal, small.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.034 Antenna.
The specific device, the surface of which is used to capture an incoming and/or to transmit an outgoing radio-frequency signal. Antennas include the following types:
A. “Whip antenna” receives and transmits signals in a 360-degree pattern, and is up to 20 feet in height and up to four inches in diameter.
B. “Panel antenna” receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.
C. “Parabolic (or dish) antenna” means a bowl-shaped device that receives and transmits signals in a specific directional pattern.
D. “Cylindrical antenna” means an antenna that transmits in a directional or omni-directional pattern.
E. “Ancillary antenna” means an antenna that is 12 inches or less in its largest dimension and includes a wire antenna no greater than three feet long.
F. Other. All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. (Ord. 2005-311 § 1; Ord. 2001-242 § 1).
18.06.035 Apartment.
A building containing two or more dwelling units which may be stacked, on one or more dwellings or nonresidential uses. (Ord. 2005-311 § 1; Ord. 2001-248 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.184).
18.06.036 Applicant.
A property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit or approval. (Ord. 2005-311 § 1; Ord. 2001-248 § 6; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.035).
18.06.036.1 Aquatic area.
“Aquatic area” means any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. “Aquatic area” does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. (Ord. 2005-325 § 1).
18.06.037 Assisted living.
An establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, or physical or mental handicap, but do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining room, recreation facilities (library, lounge, or game room), laundry facilities and open space. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.038 Auction house.
An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.039 Average finished grade.
The average finished grade shall be determined by first delineating the smallest rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the rectangle; provided, that the measured elevations do not include berms. (Ord. 2005-311 § 1; Ord. 2000-210 § 4).
18.06.043 Base flood.
A flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.” (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.045 Base flood elevation.
The water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.048 Bed and breakfast guesthouse.
A dwelling unit or accessory building within which bedrooms are available for paying guests. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.050 Beehive.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.052 Best management practices.*
Schedule of activities, prohibition of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination:
A. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; and
C. Prevent or reduce the release of pollutants to the natural environment. (Ord. 2005-311 § 1; Ord. 2001-242 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.058. The section has been editorially renumbered to preserve alphabetization.
18.06.053 Billboard.
A sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off-premises directional or temporary real estate signs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.055 Billboard face.
That portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed, either by affixing preprinted poster panels or by painting copy on location; subclassified as follows:
A. Billboard face I – a billboard face not exceeding a height of 14 feet or a width of 48 feet; and
B. Billboard face II – a billboard face not exceeding a height of 12 feet or a width of 24 feet. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.057 Binding site plan.
A “binding site plan” is a division of land into lots or tracts classified for industrial or commercial use as provided by RCW 58.17.020 and 58.17.040. (Ord. 2005-311 § 1).
18.06.059 Biologist.
A person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.060 Biologist, wetland.
A person who has earned at least a Bachelor of Science or Bachelor of Arts or equivalent degree in botany, soil science, wildlife science, environmental studies, or related field from an accredited college or university and at least two years’ experience performing wetland delineations, preparing delineation reports, and/or preparing mitigation plans; or who has equivalent educational training and experience; or who is a certified professional wetland scientist or wetlands professional in training with the Society of Wetland Scientists. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.061 Book, stationery, video and art supply store.
An establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies, including uses located in SIC Industry Nos.:
A. 5942 – Book stores;
B. 5943 – Stationery stores;
C. 5999 – Architectural supplies and artists’ supply and materials stores;
D. 7841 – Video tape rental;
E. 5735 – Record and prerecorded tape stores; and
F. 5736 – Musical instrument stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.062 Boundary line adjustment.
A “boundary line adjustment” is the adjustment of a boundary line of a recorded lot by the relocation of a common boundary where no additional lot is created and where no lot is reduced below the minimum requirements established by this title. (Ord. 2005-311 § 1).
18.06.063 Broadleaf tree.
A tree characterized by leaves that are broad in width and may include both deciduous and evergreen species. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.065 Buffer, critical area.
A designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to a stream or wetland intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.068 Building.
Any structure having a roof. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.069 Building area, building site.
That portion of a lot within which a structure may be built, bounded by the setbacks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.070 Building, hardware and garden materials store.
An establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies; including, but not limited to, uses located in SIC Major Group No. 52 – Building materials, hardware, garden supply, excluding mobile home dealers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.073 Building coverage.
Area of a lot that is covered by the total horizontal surface area of the roof of a building, exclusive of eaves of 18 inches or less. Calculations of building coverage shall include that portion of any roof or eave that exceeds 18 inches. (Ord. 2005-311 § 1; Ord. 2003-272 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.075 Building envelope.
Area of a lot that delineates the limits of where a building may be placed on the lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.078 Building facade.
That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.079 Building height.
The vertical distance measured from the average finished grade to the highest point of a flat roof, or to mean height between the eaves and ridge of a pitched roof. Specifically excluded from this definition and from the regulation of maximum building height are structural elements not intended for habitation and not exceeding 10 feet above the maximum building height including structures housing or screening mechanical and elevator equipment, stairways, tanks, skylights, chimneys, smoke and ventilation stacks, flag poles, mechanical and elevator equipment, and parapet walls designed solely to screen mechanical and elevator equipment. Also excluded from this definition and from the regulation of maximum building height are flag poles, church steeples, utility line towers and poles, and similar structures. The height of wireless communications facilities are regulated per Chapter 18.25 NMC. (Ord. 2005-311 § 1; Ord. 2000-210 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.080 Building official.
The officer or other designated authority charged with administration and enforcement of the Uniform Administrative Code published by the International Conference of Building Officials, as well as other building-related regulations adopted by the city. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.083 Bulk retail.
An establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise such as food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.085 Calculated LOS.
A quantitative measure of traffic congestion identified by a declining letter scale (A-F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 or as calculated by another method approved by the department. LOS “A” indicates free flow of traffic with no delays while LOS “F” indicates jammed conditions or extensive delay. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.088 Campground.
An area of land on which accommodations for temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for recreational purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.090 Capacity, school.
The number of students a school district’s facilities can accommodate district-wide, based on the district’s standard of service, as determined by the school district. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.093 Capital facilities plan, school.
The school facilities element of the city’s CIP consisting of:
A. A forecast of future needs for school facilities based on the enrollment projections;
B. The long-range construction and capital improvements projects;
C. The schools under construction or expansion;
D. The proposed locations and capacities of expanded or new school facilities;
E. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters;
F. Any other long-range projects planned by the appropriate school district;
G. The current capacity of the appropriate district’s school facilities based on the district’s adopted standard of service, and a plan to eliminate existing deficiencies, if any, without the use of impact fees; and
H. An inventory showing the location and capacity of existing school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.095 Cattery.
A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.098 Cemetery, columbarium or mausoleum.
Land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.100 Church, synagogue or temple.
A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders; including uses located in SIC Industry No. 866. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.103 Classrooms, school.
Educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.105 Clearing.
The limbing, pruning, trimming, topping, cutting or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.107 Coal mine byproducts stockpiles.
Repealed by Ord. 2005-311. (Ord. 2000-224 § 3).
18.06.108 Coal mine hazard areas.
Those areas in the city directly underlain or affected by operative or abandoned subsurface coal mine workings such as adits, tunnels, drifts, or air shafts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.110 Cogeneration.
The sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.112 Co-location.
The use of a single support structure and/or site by more than one wireless communications provider. (Ord. 2005-311 § 1; Ord. 2001-242 § 3).
18.06.113 Communications facility, major.
Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.115 Communications facility, minor.
Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.118 Community residential facility (CRF).
Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide support services including but not limited to counseling, rehabilitation and medical supervision which is classified in NMC 18.08.030 as group residences; if staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for subclassifying CRFs. The definition of CRF excludes drug and alcohol detoxification (SIC – 809) and secure community transition facilities (NMC 18.06.535). CRFs are further classified as follows:
A. CRF- I – one to 10 residents and staff; and
B. CRF-II – 11 or more residents and staff. (Ord. 2005-311 § 1; Ord. 2002-262 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.120 Compensatory storage.
New, excavated storage volume equivalent to any flood storage which is eliminated by building, filling or grading within the floodplain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by equal volume between corresponding one-foot contour intervals which are hydraulically connected to the floodway through their entire depth. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.121 Composting.
The controlled degradation of organic waste yielding a product for use as a soil conditioner. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.123 Conditional use permit.
Permit granted by the city, after review at a public hearing pursuant to NMC Title 19, to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses. (Ord. 2005-311 § 1; Ord. 2002-254 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.124 Condominium.
A multiple-family dwelling, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the dwelling unit owners, and unless a declaration and a survey map and plans have been recorded. (Ord. 2005-311 § 1).
18.06.125 Condominium conversion.
A “condominium conversion” is the filing of a declaration to the Condominium Act, Chapter 64.34 RCW, of the sale by a developer of condominium units that were previously rental units. (Ord. 2005-311 § 1).
18.06.126 Conference center.*
An establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for conference participants, excluding overnight lodging. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.125. The section has been editorially renumbered to preserve alphabetization.
18.06.128 Confinement area.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.130 Consolidation.
The relocation to a consolidated transmission structure of the main transmit antennas of two or more FCC broadcast licensees which, prior to such relocation, utilized transmission structures located within a 1,500-foot radius of the center of the consolidated transmission structure to support their main transmit antennas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.133 Construction cost per student, school.
The estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.134 Creation.
For purposes of critical areas regulation, an action which creates a new critical area to replace a critical area which has been eliminated or altered. (Ord. 2005-311 § 1; Ord. 2000-224 § 4).
18.06.135 Critical areas.
Any of those areas in the city of Newcastle which are subject to natural hazards or those land features which support unique, fragile or valuable natural resources including fish, wildlife and other organisms and their habitat and such resources which carry, hold or purify water in their natural state. Critical areas include erosion hazard areas, flood hazard areas, landslide hazard areas, seismic hazard areas, steep slope hazard areas, streams and wetlands. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.543).
18.06.136 Critical drainage area.*
An area which has been formally determined by the King County surface water management division to require restrictive regulation in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development and urbanization. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.135. The section has been editorially renumbered to preserve alphabetization.
18.06.138 Critical facility.
A facility necessary to protect the public health, safety and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities” and “special occupancy structures” in the International Building/Residential Code. These facilities include, but are not limited to, schools, hospitals, nursing homes and police stations, fire departments and other emergency response facilities. Critical facilities also include nursing homes, public roadway bridges and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.139 Cul-de-sac.
A “cul-de-sac” is a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. Any permanent cul-de-sac shall not serve more than 13 potential single-family dwelling units and shall not be longer than 600 feet measured from centerline of intersecting street to the center of the bulb section. (Ord. 2005-311 § 1).
18.06.140 Daycare.
An establishment for group care of nonresident adults or children.
A. Daycare shall include, but not be limited to, SIC Industry No. 835, Child daycare services, SIC Industry No. 8322, Adult daycare centers, and the following:
1. Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social and Health Services;
2. Nursery schools for children under minimum age for education in public schools;
3. Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and
4. Programs covering after-school care for school children.
B. Daycare establishments are subclassified as follows:
1. Daycare I – a maximum of 12 adults or children in any 24-hour period; and
2. Daycare II – over 12 adults or children in any 24-hour period. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.143 Deciduous.
A plant species with foliage that is shed annually. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.145 Density credit, transfer (TDC).
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.148 Department.
“Department” means the department of community development or such department’s officially designated names. (Ord. 2005-311 § 1; Ord. 97-153 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.150 Department and variety store.
An establishment engaged in the retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and including uses located in SIC Major Group and Industry Nos.:
A. 53 – General merchandise;
B. 5947 – Gift, novelty, and souvenir shops; and
C. 5948 – Luggage and leather goods stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.153 Destination resort.
An establishment for resource-based recreation and intended to utilize outdoor recreational opportunities, including related services, which may include food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.155 Developer.
The person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.157 Development.
“Development” includes any activity that would require a land use permit or approval from the city or any other local, state, or federal jurisdiction. Development activity includes, but is not limited to, clearing or grading activity, building or construction activity, dredging or filling, etc. “Development” is all structures and other modifications of the natural landscape above and below ground or water, including the division of land into two or more parcels, on a particular site. (Ord. 2005-311 § 1).
18.06.158 Development activity.
Any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.160 Development agreement.
A recorded agreement between an applicant and the city of Newcastle which incorporates the site plans, development standards, and other features of the approved development. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.163 Development proposal.
“Development proposal,” as it pertains to this title, is defined as any of the following types of development that requires a land use permit or approval from the city of Newcastle: binding site plans, site plans, planned unit developments, subdivisions, and short subdivisions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.165 Development proposal site.
The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city of Newcastle to carry out a development proposal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.168 Direct traffic impact.
Any increase in vehicle traffic generated by a proposed development which equals or exceeds 10 peak hour, peak direction vehicle trips on any roadway or intersection. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.170 Director.
The director of the department of community development of the city of Newcastle or the director’s authorized representative or any representative authorized by the city manager. (Ord. 2005-311 § 1; Ord. 2002-254 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.171 Ditch.
A wholly artificial open channel used or constructed for the purpose of conveying water. (Ord. 2005-311 § 1; Ord. 2000-224 § 5).
18.06.173 Dormitory.
A residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.174 Drive-through.
A drive-through is an access to a use that serves customers who pull up in their vehicles. Orders are taken and goods or services are provided using a window or microphone, while the customers remain in their vehicles. (Ord. 2007-364 § 2).
18.06.175 Drop box facility.
A facility used for receiving solid waste and recyclables from off-site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclables. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.178 Drug store.
An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including uses located in SIC Industry Group and Industry Nos.:
A. 591 – Drug stores and proprietary stores;
B. 5993 – Tobacco stores and stands; and
C. 5999 – Cosmetics stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.180 Dwelling unit.
One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen and sanitation facilities and rooms with internal accessibility, for use solely by the dwelling’s occupant, including but not limited to bachelor, efficiency and studio apartments, factory-built housing and mobile homes. (Ord. 2005-311 § 1; Ord. 2001-248 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.183 Dwelling unit, accessory.
A habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation. (Ord. 2005-311 § 1; Ord. 2000-216 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.195 Earth station.
Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.198 Effective radiated power.
The product of the antenna power input and the numerical antenna power gain. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.200 Elderly.
A person 62 years of age or older. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.203 Electrical conversion substation.
A site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.205 Energy resource recovery facility.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.206 Engineer, civil, geotechnical and structural.
A. Civil engineer: an engineer who is licensed as a professional civil engineer by the state of Washington;
B. Geotechnical engineer: an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological or mining engineering; and
C. Structural engineer: a structural engineer licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of structural engineering. (Ord. 2005-311 § 1; Ord. 2000-224 § 6).
18.06.208 Enhancement.
For purposes of critical areas regulation, an action which improves the functions of a critical area or buffer. (Ord. 2005-311 § 1; Ord. 2000-224 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.210 Equipment, heavy.
High-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to:
A. Carryalls;
B. Graders;
C. Loading and unloading devices;
D. Cranes;
E. Drag lines;
F. Trench diggers;
G. Tractors;
H. Augers;
I. Bulldozers;
J. Concrete mixers and conveyers;
K. Harvesters;
L. Combines; or
M. Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.211 Equipment enclosure.
A small structure, shelter, cabinet, fenced area, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning. (Ord. 2005-311 § 1; Ord. 2001-242 § 7).
18.06.213 Erosion.
The process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.215 Erosion hazard area.
Those areas in the city of Newcastle underlain by soils which are subject to severe erosion when disturbed. Such soils include but are not limited to those classified as having a severe to very severe erosion hazard according to the USDA Soil Conservation Service, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources. These soils include, but are not limited to:
A. Any occurrence of River Wash (“Rh”) and any of the following when they occur on slopes 15 percent or steeper:
1. The Alderwood gravelly sandy loam (AgD);
2. The Alderwood and Kitsap soils (AkF);
3. The Beausite gravelly sandy loam (BeD and BeF);
4. The Kitsap silt loam (KpD);
5. The Ovall gravelly loam (OvD and OvF);
6. The Ragnar fine sandy loam (RaD); and
7. The Ragnar-Indianola Association (RdE); and
B. Those which represent significant risk to sensitive receiving waters due to the proximity to those receiving waters and the size of the disturbed area. (Ord. 2005-311 § 1; Ord. 2000-224 § 8; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.218 Evergreen.
A plant species with foliage that persists and remains green year-round. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.223 Fabric shop.
An establishment engaged in the retail sale of sewing supplies and accessories, including uses located in SIC Industry Nos.:
A. 5949 – Sewing, needlework, and piece goods stores; and
B. Awning shops, banner shops, and flag shops found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.225 Facilities standard, school.
The space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in the district’s capital facilities plan. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.228 Factory-built commercial building.
Any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.230 Fairground.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.233 Family.
A single housekeeping unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.235 Federal Emergency Management Agency (FEMA) floodway.
The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.238 Feed store.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.240 Fence.
A barrier for the purpose of enclosing space or separating lots, composed of:
A. Masonry or concrete walls, excluding retaining walls; or
B. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.243 Flood fringe.
That portion of the floodplain outside of the zero-rise floodway which is covered by floodwaters during the base flood, generally associated with standing water rather than rapidly flowing water. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.245 Flood hazard areas.
Those areas in the city of Newcastle subject to inundation by the base flood including, but not limited to, streams, lakes, wetlands and closed depressions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.248 Flood insurance rate map.
The official map on which the Federal Insurance Administration has delineated some areas of flood hazard. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.250 Flood insurance study for King County.
The official report provided by the Federal Insurance Administration which includes flood profiles and the flood insurance rate map. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.253 Flood protection elevation.
An elevation which is one foot above the base flood elevation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.255 Floodplain.
The total area subject to inundation by the base flood. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.258 Floodproofing.
Adaptations which will make a structure that is below the flood protection elevation substantially impermeable to the passage of water and resistant to hydrostatic and hydrodynamic loads including the impacts of buoyancy. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.260 Floodway, zero-rise.
The channel of a stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without any measurable increase in flood height. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the floodplain. This definition is broader than that of the FEMA floodway, but always includes the FEMA floodway. The boundaries of the 100-year floodplain, as shown on the flood insurance study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a critical area special study. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.261 Floor area ratio.
“Floor area ratio” means a ratio expressing the relationship between the amount of gross floor area permitted in one or more structures and the net area of the lot on which the structure is, or structures are, located, as depicted below. For the purposes of calculating FAR, net lot area excludes areas that are dedicated open space or critical areas or buffers in addition to the portions of a parcel that are excluded under the definition of lot area.
(Ord. 2007-364 § 2).
18.06.263 Florist shop.
An establishment engaged in the retail sale of flowers and plants, including uses located in SIC Industry Nos.:
A. 5992 – Florists; and
B. 5999 – Artificial flowers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.265 Forest land.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.268 Forest practice.
Any activity regulated by the Washington Department of Natural Resources in WAC Title 222 or Chapter 79.09 RCW for which a forest practice permit is required, together with:
A. Fire prevention, detection and suppression; and
B. Slash burning or removal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.270 Forest product sales.
The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:
A. Trees;
B. Wood chips;
C. Logs;
D. Fuelwood;
E. Cones;
F. Christmas trees;
G. Berries;
H. Herbs; or
I. Mushrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.273 Forest research.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.274 Foster home.
A home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three unrelated juveniles. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.274.5 Freestanding.
Entirely supported from the ground. (Ord. 2005-311 § 1; Ord. 2001-242 § 8).
18.06.275 Frequency, electronic or electrical.
The number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a minimum positive level in one second; measured in cycles per second or Hertz (Hz). (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.277 Furniture and home furnishings store.
An establishment engaged in the retail sale of household furniture and furnishings for the home, including uses located in SIC Major Group and Industry Nos.:
A. 57 – Home furniture, furnishings, and equipment stores, except Industry Group No. 573; and
B. Baby carriages, cake-decorating supplies, hot tubs, picture frames (ready-made), swimming pools (above-ground, not site-built), telephone stores and typewriter stores found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.278 Garage, parking or commercial.
A building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.279 Garage, private.
An accessory building or space within the principal building used for storage of vehicles or boats. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.280 General business service.
An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in SIC Major Group Nos.:
A. 60 – Depository institutions;
B. 61 – Nondepository credit institutions;
C. 62 – Security and commodity brokers, dealers, exchanges, and services;
D. 63 – Insurance carriers;
E. 65 – Real estate, except 653 (Real estate agents and managers);
F. 67 – Holding and other investment offices;
G. 7299 – Miscellaneous personal services, not elsewhere classified;
H. 73 – Business services, except Industry Group and Industry No. 7312 – Outdoor advertising services; and
I. 86 – Membership organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.283 Geologist.
A person who has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training who has at least four years of professional experience as a geologist. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.285 Geotechnical engineer.
Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.288 Golf facility.
A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to:
A. A golf course;
B. A driving range;
C. Miniature golf;
D. Pro shops;
E. Caddyshack buildings;
F. Restaurants;
G. Office and meeting rooms; and
H. Related storage facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.290 Grade span, school.
The categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.293 Grading.
Any excavation, filling, removing the duff layer or any combination thereof. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.295 Grazing area.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.298 Groundcover.
Living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.299 Hazard tree.
Any tree, determined by a person with five years’ experience with the assessment of such hazards or the equivalent educational training and professional experience, to have a structural defect, combination of defects or disease resulting in structural defect which, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will:
A. Damage a residential structure, place of employment or public assembly, or approved parking spaces for such structures;
B. Damage an approved road or utility facility; or
C. Prevent emergency access in the case of medical hardship. (Ord. 2005-311 § 1; Ord. 2000-224 § 9).
18.06.300 Hazardous household substance.
A substance as defined in RCW 70.105.010. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.303 Hazardous substance.
A substance as defined in RCW 70.105.010. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.304 Hearing examiner.
The hearing examiner as established by the city of Newcastle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.305 Heavy equipment repair.
The repair and maintenance of self-powered, self-propelled or towed mechanical devices, and equipment and vehicles used for commercial purposes, excluding:
A. Automobiles;
B. Recreational vehicles; and
C. Boats and their trailers;
and including, but not limited to:
D. Tandem axle trucks;
E. Graders;
F. Backhoes;
G. Tractor trailers;
H. Cranes; and
I. Lifts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.308 Helistop.
An area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangars, maintenance or overhaul facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.310 Hobby, toy, and game shop.
An establishment engaged in the retail sale of toys, games, hobby and craft kits, including uses located in SIC Industry Nos.:
A. 5945 – Hobby, toy and game shops; and
B. 5999 – Autograph and philatelist supply stores, coin shops, and stamps, philatelist-retail (except mail order). (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.313 Home industry.
A limited-scale sales, service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the premises as a residence or farm. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.315 Home occupation.
An economic enterprise operated within a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.318 Household pets.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.320 Hydroelectric generation facility.
An establishment for the generation of electricity using water sources. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.321 Hydrologically connected.
For purposes of critical areas regulation, a connection between two or more surface water bodies including, but not limited to, wetlands, streams or lakes as evidenced by:
A. The presence of surface water in a perennial or intermittent stream, through a culvert or otherwise above ground;
B. The presence of contiguous hydric soil; or
C. The location of a water body within or contiguous to a 100-year floodplain of a wetland, stream or lake. (Ord. 2005-311 § 1; Ord. 2000-224 § 10).
18.06.323 Impervious surface.
Any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to, roof tops, swimming pools, paved or graveled roads or parking areas and excluding areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2005-311 § 1; Ord. 2000-210 § 6; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.324 Improved area.
For purposes of critical areas regulation, an area which has been disturbed or altered in accordance with law by mechanical or other human means and no longer exists in its natural vegetative state. An improved area may include, but is not limited to, an area cleared, graded, planted as lawn, constructed upon or otherwise developed. (Ord. 2005-311 § 1; Ord. 2000-224 § 11).
18.06.325 Improved public roadways.
Public road rights-of-way that have been improved with at least two travel lanes and are maintained by either the city of Newcastle or the state of Washington. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.328 Individual transportation and taxi.
An establishment engaged in furnishing individual or small group transportation by motor vehicle, including uses located in SIC Industry Group and Industry Nos.:
A. 412 – Taxicabs; and
B. 4119 – Local passenger transportation, not elsewhere classified. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.330 Interim recycling facility.
A site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including:
A. Drop boxes;
B. Source-separated, organic waste processing facilities; and
C. Collection, separation and shipment of glass, metal, paper or other recyclables to others who will re-use them or use them to manufacture new products. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.333 Jail.
A facility operated by a governmental agency; designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an offense. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.335 Jail farm.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.338 Jewelry store.
An establishment engaged in the retail sale of a variety of jewelry products, including uses located in SIC Industry Nos.:
A. 5944 – Jewelry stores; and
B. Gem stones and rock specimens found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.340 Kennel.
A place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.342 Lake.
A naturally existing or artificially made permanent freshwater body of any size or depth including, but not limited to, a reservoir, pond or expanded part of a stream, bounded by an ordinary high water mark. A lake does not include a flow control or water quality treatment facility. A wetland may exist, in whole or in part, within the boundaries of a lake. (Ord. 2005-311 § 1; Ord. 2000-224 § 12).
18.06.343 Landfill.
Repealed by Ord. 2005-311 § 1. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.345 Landing field.
A runway or landing area which is designed, used or intended to be used by private aircraft; including necessary taxiways, storage and tie-down areas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.348 Landscaping.
Live vegetative materials included in the development of a site. Said materials provided along the boundaries of a development site are referred to as perimeter landscaping. Landscaping provided on the remainder of the site is referred to as interior landscaping. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.350 Landslide.
Episodic downslope movement of a mass including, but not limited to, soil, rock or snow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.353 Landslide hazard areas.
Those areas in the city subject to severe risks of landslides, including the following:
A. Any area with a combination of:
1. Slopes steeper than 15 percent;
2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and
3. Springs or groundwater seepage;
B. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris from that epoch;
C. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;
D. Any area which shows evidence of or is at risk from snow avalanches; or
E. Any area located on an alluvial fan, presently subject to or potentially subject to inundation by debris flows or deposition of stream-transported sediments. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.355 Level of service (LOS).
A measure of traffic congestion along a roadway or at an intersection identified by a letter scale from A to F as calculated by a methodology endorsed by the Institute of Transportation Engineers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.358 Light equipment.
Hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.360 Livestock.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.363 Livestock, large.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.365 Livestock, small.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.368 Loading space.
A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.369 Log storage.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.370 Lot.
A unit of land that is created by a subdivision or partition of land and is owned by or under the lawful control and in the lawful possession of one ownership. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.371 Lot area.
The total horizontal area within the lot lines of a lot exclusive of public and private roads, access easements to other property, or the private driveway area of a flag lot. (Ord. 2005-311 § 1; Ord. 2000-210 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.372 Lot, corner.
A lot situated at the intersection of two streets where the interior angle of such intersection does not exceed 135 degrees. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.373 Lot coverage.
The percent of a lot area covered by the vertical and horizontal projection of any structures or buildings. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.374 Lot depth.
The distance from the midpoint of the front lot line to the midpoint of the rear lot line. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.375 Lot, interior.
A lot other than a corner lot and having frontage on only one street. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.376 Lot, irregular.
A lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.377 Lot line.
The property line bounding a lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.378 Lot line adjustment.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.379 Lot line, front.
The property line along the front setback of a lot per NMC 18.06.546. (Ord. 2005-311 § 1; Ord. 2001-248 § 13; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.380 Lot line, rear.
The property line along the rear setback of a lot per NMC 18.06.547. (Ord. 2005-311 § 1; Ord. 2001-248 § 14; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.381 Lot line, side.
The property line along the side setback of a lot per NMC 18.06.548. (Ord. 2005-311 § 1; Ord. 2001-248 § 15; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.382 Lot of record.
A lawfully created lot which existed prior to the effective date of the ordinance codified in this title. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.383 Lot, through.
An interior lot of record which has both frontages on two separate streets. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.384 Lot width.
The dimension of the lot line at the street; or, in an irregularly shaped lot, the dimension across the lot at the front setback line; or, in a corner lot, the narrow dimension of the lot at a street or front setback line. (Ord. 2005-311 § 1; Ord. 2000-210 § 8).
18.06.385 Manager, city manager.
The city manager of the city of Newcastle. (Ord. 2005-311 § 1; Ord. 2000-210 § 9; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.384).
18.06.386 Material error.
Substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.387 Microbrewery/winery.
A microbrewery/winery is an establishment engaged in the production and distribution of beer, ale, or other malt beverages, or wine, on a limited scale. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year, and shall include an eating and drinking establishment on the premises. This classification allows a microbrewery to sell beer/wine at retail and/or act as wholesaler for beer/wine of its own production for off-site consumption with appropriate state licenses. (Ord. 2007-364 § 2).
18.06.388 Microwave.
Electromagnetic waves with a frequency of 890 megahertz (MHz) or greater. (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.387).
18.06.389 Mitigation.
Measures used to eliminate, reduce, or compensate for adverse impacts to or from critical areas resulting from a development proposal or alteration. (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 2000-224 § 13; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.388).
18.06.390 Mobile home park.
A development with two or more improved pads or spaces designed to accommodate mobile homes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.391 Mobile or manufactured home.
A structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of Chapter 296-150B WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development (HUD). (Ord. 2005-311 § 1; Ord. 2001-248 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.185).
18.06.392 Modular home.
A dwelling structure located on a permanent foundation and permanently connected to public utilities, consisting of pre-selected, prefabricated units or modules, and transported to and/or assembled on the site of its permanent foundation; in contradistinction to a dwelling structure which is custom-built on the site of its permanent location; and also in contradistinction to a mobile home, either single-wide, double-wide, or of multiple width; located on a permanent foundation and permanently connected to public utilities; and further, that it conforms to the present city building, housing, electrical and plumbing codes. No distinction is made, for zoning purposes, between modular or site-built homes. (Ord. 2005-311 § 1; Ord. 2001-248 § 8; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.186).
18.06.393 Monitoring.
Evaluating the impacts of development proposals on natural or manmade systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in the natural or manmade systems, functions and features including, but not limited to, gathering baseline data. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.395 Monument, tombstone, and gravestone sales.
The retail sale of custom stonework products including uses located in SIC Industry No. 5599 – Monuments, finished to custom order, tombstones and gravestones finished. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.397 Motel.
A building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.398 Motor vehicle, boat and mobile home dealer.
An establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, trailers, boats or mobile homes, including uses located in SIC Major Group and Industry Group Nos.:
A. 55 – Automotive dealers and gasoline service stations except:
1. 553 – Auto and home supply stores;
2. 554 – Gasoline service stations; and
B. Aircraft dealers found in 5599;
C. 527 – Mobile home dealers; and
D. Yacht brokers found in 7389. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.400 Motor vehicle and bicycle manufacturing.
Fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in SIC Industry Group Nos.:
A. 371 – Motor vehicles and motor vehicle equipment; and
B. 375 – Motorcycles, bicycles, and parts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.402 Multifamily.
A building designed to house two or more families living independently of each other. (Ord. 2005-311 § 1; Ord. 2001-248 § 9; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.187).
18.06.403 Municipal water production.
The collection and processing of surface water and/or groundwater through means of dams, wells or other methods of impoundment for municipal water systems. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.405 Native vegetation.
Vegetation comprised of plant species, other than noxious weeds, which are indigenous to western Washington and which reasonably could have been expected to naturally occur on the site. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.408 Naturalized species.
Nonnative species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.410 Nonconformance.
Any use, improvement or structure established in conformance with the city of Newcastle or county rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site’s current zone or to the current development standards of the code due to changes in the code or its application to the subject property. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.413 Nonhydroelectric generation facility.
An establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.415 Nonionizing electromagnetic radiation (NIER).
Electromagnetic radiation of low photon energy unable to cause ionization. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.418 Noxious weed.
Any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.419 Nursing or convalescent home.
Full-time care facilities for patients who are recovering from an illness, or receiving care for chronic conditions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.420 Office.
A building or separately defined space within a building primarily designed to be used for the purpose of providing services rather than the production, distribution and/or retail sales of goods or commodities. The services provided are generally professional, educational, administrative, financial, or governmental in nature. This definition includes welfare, charitable or business services. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.421 Open space.
Land intended for recreation or environmental protection purposes or as a scenic or aesthetic amenity. Open space may include, but is not limited to, lawns, decorative planting, buffers, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular traffic. (Ord. 2005-311 § 1; Ord. 2000-222 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.422 Open-work fence.
A fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.423 Ordinary high water mark.
The mark found by examining the bed and banks of a stream or lake and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute. In braided channels and alluvial fans, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.425 Outdoor performance center.
Establishment for the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.428 Park.
A site designed or developed for recreational use by the public including, but not limited to:
A. Indoor facilities, such as:
1. Gymnasiums,
2. Swimming pools, or
3. Activity centers; and
B. Outdoor facilities, such as:
1. Playfields,
2. Fishing areas, or
3. Picnic and related outdoor activity areas; and
C. Areas and trails for:
1. Hikers,
2. Equestrians,
3. Bicyclists, or
4. Off-road recreational vehicle users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.430 Park service area.
Established by the city, within which the dedications of land and fees received from new residential developments are for the benefit of residents within such service area. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.431 Parking area.
Any area designed and/or used for parking vehicles. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.432 Parking lot.
An outdoor parking area, excluding outdoor storage or display areas of vehicles or boats for sale or lease. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.433 Parking lot aisle.
That portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.435 Parking lot unit depth.
The linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.438 Parking space.
An area accessible to vehicles, improved, maintained and used for the sole purpose of temporarily parking a motor vehicle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.440 Parking space angle.
The angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.443 Party of record.
A person who has submitted written comments, testified, asked to be notified or is the sponsor of a petition entered as part of the official city record on a specific development proposal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.445 Peak hour.
The hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.446 Pedestrian-oriented land use.
A pedestrian-oriented land use is one that makes the street active by attracting frequent pedestrian visitors throughout the day. The community development director shall determine whether a proposed land use is “pedestrian-oriented” based on this definition, including the criteria and examples provided below. Retail and service uses, other than general office uses and banking, shall generally be considered to be pedestrian-oriented, if the use meets any of the following criteria:
A. The use includes substantial window displays of or pedestrian visual access to the products or services for sale by the establishment; or
B. The use provides goods that can be consumed on-site; or
C. The use provides goods that can be purchased and transported from the site by a pedestrian.
Pedestrian-oriented land uses include but are not limited to the following: theaters/cinemas, plays/theatrical productions, libraries, museums, daycares, beauty and barber salons, department and variety stores, apparel and accessory stores, furniture and home furnishing stores, eating and drinking places, drug stores, liquor stores, used goods and related stores, books, stationery, video and art supply stores, jewelry stores, hobby, toy and game shops, photographic and electronic shops, personal medical supply stores, fabric shops, florist shops, pet shops, and any other use the community development director deems pedestrian-oriented. (Ord. 2007-364 § 2).
18.06.448 Permanent school facilities.
Facilities of a school district with a fixed foundation which are not relocatable facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.450 Personal medical supply store.
An establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in SIC Industry Nos.:
A. 5995 – Optical goods stores; and
B. 5999 – Hearing aids and orthopedic and artificial limb stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.453 Pet shop.
An establishment engaged in the retail sale of pets, small animals, pet supplies, or grooming of pets, including uses located in SIC Industry No. 5999 – Pet shops. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.455 Photographic and electronic shop.
An establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including uses located in SIC Industry No.:
A. 5946 – Camera and photographic supply stores;
B. 5999 – Binoculars and telescopes;
C. 5731 – Radio, television, and consumer electronics stores; and
D. 5734 – Computer and computer software stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.458 Planned unit development (PUD).
A development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of preserving and protecting natural features of the land, and encouraging innovation and creative design by permitted flexibility in development. (Ord. 2005-311 § 1; Ord. 2000-222 § 3).
18.06.460 Plant associations of infrequent occurrence.
One or more plant species which do not often occur in King County because of the rarity of the habitat and/or the species involved or for other botanical or environmental reasons. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.461 Plat.
The final drawing map or representation of a subdivision. (Ord. 2005-311 § 1).
18.06.462 Principal residence.
The place where a person resides seven months or more in a 12-month period. (Ord. 2005-311 § 1).
18.06.463 Private.
Solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.465 Private stormwater management facility.
Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.468 Professional office.
An office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on-site sale or transfer of commodities; including the following SIC Major Group and Industry Nos.:
A. 64 – Insurance agents, brokers and service;
B. 653 – Real estate agents and managers;
C. 7291 – Income tax return preparation services;
D. 81 – Legal services;
E. 871 – Engineering, architectural and surveying services;
F. 872 – Accounting, auditing and bookkeeping services; and
G. 874 – Management and public relations services. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.470 Public agency.
Any agency, political subdivision or unit of local government of this state including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the state of Washington, the United States or any state thereof or any Indian tribe recognized as such by the federal government. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.473 Public agency animal control facility.
A facility for the impoundment and disposal of stray or abandoned small animals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.475 Public agency archive.
A facility for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.478 Public agency office.
An office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to, uses located in SIC Major Group, Industry Group and Industry Nos.:
A. 91 – Executive, legislative, and general government, except finance;
B. 93 – Public finance, taxation, and monetary policy;
C. 94 – Administration of human resource programs;
D. 95 – Administration of environmental quality and housing program;
E. 96 – Administration of economic programs;
F. 972 – International affairs;
G. 9222 – Legal counsel and prosecution; and
H. 9229 – Public order and safety. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.480 Public agency training facility.
An establishment or school for training state and local law enforcement, fire safety, national guard or transit personnel and facilities including but not limited to:
A. Dining and overnight accommodations;
B. Classrooms;
C. Shooting ranges;
D. Auto test tracks; and
E. Fire suppression simulations. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.483 Public agency yard.
A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.488 Receiving site.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.489 Recreational facilities.
Facilities for recreational use including but not limited to boat or yacht clubs, golf courses, swimming pools, athletic clubs, tennis courts, and picnic areas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.490 Recreational vehicle (RV).
A vehicle designed primarily for recreational camping, recreational travel or seasonal recreational use which has its own motive power or is mounted on or towed by another vehicle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.493 Recreational vehicle parks.
The use of land upon which two or more recreational vehicle sites, including hookup facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.494 Rectification.
For purposes of critical areas regulation, an action which repairs an alteration to a critical area or buffer. (Ord. 2005-311 § 1; Ord. 2000-224 § 14).
18.06.495 Recyclable material.
Material which can be recovered from solid waste through recycling. Recyclable materials include but are not limited to mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, organic waste that can be used in composting (food and yard/land clearing debris), ferrous metal, and inorganics (rubble and inert materials). Recycling does not include combustion of solid waste or preparation of a fuel from solid waste. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.496 Recycling.
The processing or source separation of solid waste, mechanically or by hand, to segregate materials for sale or reuse. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.498 Regional stormwater management facility.
Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.500 Regional utility corridor.
A right-of-way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights-of-way or lines serving individual lots or developments. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.503 Relocatable facility, school.
Any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within a district or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.505 Relocatable facilities cost per student.
The estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.508 Relocation facilities.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.510 Restoration, critical area.
Returning a stream, wetland, other critical area or any associated buffer to a state in which its stability and functions approach its unaltered state as closely as possible. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.513 Retail, comparison.
Provides for the sale of comparison goods and services and is centrally located in the community or region. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.515 Retail, convenience.
Provides for daily living goods, is easy to access and use and is close to residential neighborhoods. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.518 Retention/detention facility.
A type of drainage facility designed either to hold water for a considerable length of time and then to release it by evaporation, plant transpiration, irrigation and/or infiltration into the ground or to hold run-off for a short period of time and then to release it to the surface and stormwater management system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.519 Rezone.
A change in classification from one zoning district to another. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.519.5 Roadway.
For purposes of critical areas regulation, the pavement width or proper driving portion of the road and shoulders within the outside limits of the constructed fill slopes. The improved portions of a road right-of-way ordinarily include the roadway, roadside ditch and cut or engineered slope. (Ord. 2005-311 § 1; Ord. 2000-224 § 15).
18.06.520 Salmonid.
A member of the fish family salmonidae, including:
A. Chinook, coho, chum, sockeye and pink salmon;
B. Rainbow, steelhead and cutthroat salmon;
C. Brown trout;
D. Brook and dolly varden char;
E. Kokanee; and
F. Whitefish. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.523 School bus base.
An establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.525 School district.
Any school district whose boundaries include an area of the city. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.528 School district support facility.
Uses (excluding schools and bus bases) that are required for the operation of a school district. This term includes school district administrative offices, centralized kitchens, and maintenance or storage facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.530 Schools, elementary, and middle/junior high.
Institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.532 Schools, preschool.
Establishments providing exclusively educational programs for prekindergarten or preschool children (ages two to five), but excluding daycare as defined by NMC 18.06.140, Daycare. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.533 Schools, secondary or high.
Institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.534 Screen, screening.
A continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen areas, not including walkways or drives. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.535 Secure community transition facilities (SCTF).
A facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under Chapter 71.09 RCW and operated by or under contract with the Washington State Department of Social Health and Services. (Ord. 2005-311 § 1; Ord. 2002-262 § 3).
18.06.536 Seismic hazard areas.
Those areas in the city of Newcastle subject to severe risk of earthquake damage as a result of soil liquefaction in areas underlain by cohesionless soils of low density and usually in association with a shallow groundwater table or of other seismically induced settlement. (Ord. 2005-311 § 1; Ord. 2002-262 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.538 Self-service storage facility.
An establishment containing separate storage spaces that are leased or rented as individual units. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.540 Sending site.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.541 Senior citizen assisted.
A building containing two or more dwelling units restricted to occupancy by senior citizens, and including, but not limited to, the following support services, as deemed necessary:
A. Food preparation and dining areas;
B. Group activity areas;
C. Medical supervision; and
D. Similar activities. (Ord. 2005-311 § 1; Ord. 2001-248 § 10; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.188).
18.06.545 Setback.
The minimum required distance between a structure and a lot, easement, or buffer line that is required to remain free of structures. (Ord. 2005-311 § 1; Ord. 2000-210 § 11; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.546 Setback, front.
Space abutting a street right-of-way, access easement or private road either from which the lot is addressed or from which the lot gains primary access, and extending the full width of the lot; and at the intersection of two public rights-of-way, space abutting each right-of-way extending the full width of the lot. (Ord. 2005-311 § 1; Ord. 2000-210 § 12).
18.06.547 Setback, rear.
Space abutting a property line, access easement or private road and opposite to the front setback or as nearly so as the lot shape permits, and extending the full width of the lot. If more than one rear setback is described, that setback which is farthest from the front setback is the required rear setback. All others will be treated as side setbacks. If more than one front setback exists, the rear setback is opposite to the front setback from which the lot gains access or is addressed. (Ord. 2005-311 § 1; Ord. 2000-210 § 13).
18.06.548 Setback, side.
Space abutting a property line, access easement or private road and generally between the required front and rear setbacks. Any setback not defined as a front or rear setback is a side setback. (Ord. 2005-311 § 1; Ord. 2000-210 § 14; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.550 Setback, street.
Repealed by Ord. 2000-210. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.553 Shelters for temporary placement.
Housing units that provide housing to persons on a temporary basis for a duration not to exceed four weeks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.554 Shooting range.
A facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.554.5 Shopping plaza.
Commercial developments of two or more business units, typically sharing a common driveway, parking areas and landscaping features, and constructed as a building or a group of buildings designed as a unit. Such plazas may be located on separate tax lots which may be under separate ownership. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.555 Short subdivision.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.556 Short plat.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.558 Sign.
Any device, structure, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, or written copy for the purpose of advertising or identifying any establishment, product, goods, or service. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.560 Sign, awning.
A sign affixed to the front or side of an awning. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.563 Sign, changing message center.
An electrically controlled sign that contains messages for date, time, and temperature which changes at intervals of one minute or less. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.565 Sign, community bulletin board.
A permanent sign used to notify the public of community events and public services, and which contains no commercial advertising. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.568 Sign, directional.
A sign designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience, and may include incidental graphics such as trade names and trademarks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.570 Sign, freestanding.
A sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or structure. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.573 Sign, fuel price.
A sign utilized to advertise the price of gasoline, propane and/or diesel fuel. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.575 Sign, incidental.
Sign, emblem or decal designed to inform the public of goods, facilities, or services available on the premises, and may include but not be limited to signs designating:
A. Restrooms;
B. Hours of operation;
C. Acceptable credit cards;
D. Property ownership or management;
E. Phone booths; and
F. Recycling containers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.578 Sign, indirectly illuminated.
A sign that is illuminated entirely from an external artificial source. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.580 Sign, monument.
A freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.583 Sign, off-premises directional.
A sign which contains no advertising of a commercial nature which is used to direct pedestrian or vehicular traffic circulation to a facility, service or business located on other premises within 660 feet of the sign. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.585 Sign, on-premises.
A sign which displays a message which is incidental to and directly associated with the use of the property on which it is located. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.588 Sign, permanent residential development identification.
A permanent, freestanding sign identifying the residential development upon which the sign is located. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.590 Sign, portable.
A sign which is capable of being moved and is not permanently affixed to the ground, a structure or building. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.593 Sign, projecting.
Any sign, other than a flat wall sign, which is attached to and projects vertically more than one foot from the wall of a building or other structure. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.595 Sign, wall.
Any sign painted on, or attached directly to and supported by a wall, facade, or fence; with the exposed face of the sign on a plane parallel to the portion of the structure to which it is attached; and projecting no more than one foot; including window signs which are permanently attached. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.598 Significant tree.
An existing healthy tree which, when measured four feet above grade, has a minimum diameter of:
A. Eight inches for evergreen trees; or
B. Twelve inches for deciduous trees. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.599 Single detached.
A detached building containing one dwelling unit. (Ord. 2005-311 § 1; Ord. 2001-248 § 11; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.190).
18.06.600 Site cost per student.
The estimated cost of a site in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.601 Site plan.
A document or group of documents, prepared to scale, containing sketches, text, drawings, maps, photographs and other material intended to present and explain accurately, and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, physical design, interior vehicular and pedestrian access, the provision of improvements, principal site development features proposed for a specific parcel of land, and the interrelationship of these elements. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.602 Site plan review.
A permit process whereby a plan of a proposed development drawn to scale is processed in accordance with city codes and Chapter 17.35 NMC:
A. Identifies and shows the areas and locations of all improvements;
B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the director of community development;
C. Contains provisions requiring any development of land to be in conformity with the approved site plan. (Ord. 2005-311 § 1; Ord. 2001-247 § 3).
18.06.603 Ski area.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.605 Soil recycling/incineration facility.
Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.606 Solid waste.
All putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, biomedical waste, swill, demolition and construction wastes, land clearing wastes, abandoned vehicles or parts thereof, discarded commodities, or contaminated excavated soil/fill material. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to biosolids from wastewater treatment plants, septage from septic tanks, woodwaste, dangerous waste, and problem wastes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.608 Source-separated organic material.
Vegetative material, scrap lumber or wood, or other materials that provide a source for recycled or composted products. This does not include chemically treated wood products and/or toxic organic substances. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.610 Special use permit.
A permit granted by the city to locate a regional land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.613 Specialized instruction school.
Establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas; including, but not limited to:
A. Art;
B. Dance;
C. Music;
D. Cooking;
E. Driving; and
F. Pet obedience training. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.615 Specified sexual activities.
Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.618 Sporting goods store.
An establishment engaged in the retail sale of sporting goods and equipment, including uses located in SIC Industry Nos.:
A. 5941 – Sporting goods stores and bicycle shops; and
B. 5999 – Tent shops and trophy shops. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.620 Sports club.
An establishment engaged in operating physical fitness facilities and sports and recreation clubs, including uses located in SIC Industry Nos.:
A. 7991 – Physical fitness facilities; and
B. 7997 – Membership sports and recreation clubs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.623 Stable.
A structure or facility in which horses or other livestock are kept for:
A. Boarding;
B. Training;
C. Riding lessons;
D. Breeding;
E. Rental; or
F. Personal use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.625 Standard of service, school.
The standard adopted by each school district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the school district. The district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the “necessary financial commitments” as defined in Chapter 18.28 NMC are in place to complete the permanent facilities called for in the capital plan. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.628 Steep slope hazard areas.
Those areas on slopes 40 percent or steeper within a vertical elevation change of at least 10 feet. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. For the purpose of this definition:
A. The toe of a slope is a distinct topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet; and
B. The top of a slope is a distinct, topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the top of a steep slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.630 Stream functions.
Natural processes performed by streams including functions which are important in facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species; maintaining the availability and quality of water, such as purifying water; acting as recharge and discharge areas for groundwater aquifers; moderating surface and stormwater flows and maintaining the free flowing conveyance of water, sediments and other organic matter. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.633 Streams.
Those areas in the city of Newcastle where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water run-off devices or other entirely artificial watercourses, unless they are used by salmonids or are used to convey streams naturally occurring prior to construction in such watercourses. For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. (Ord. 2005-311 § 1; Ord. 2000-224 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.635 Street.
A public or private right-of-way or roadway providing access. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.638 Street frontage.
Any portion of a lot or combination of lots which directly abut a public right-of-way. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.640 Structure.
Anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built-up or composed of parts joined together in some definite manner. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.641 Structure, residential.
A structure that incorporates one or more dwelling units. (Ord. 2005-311 § 1; Ord. 2002-254 § 3).
18.06.643 Student factor.
The number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student-generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or county-wide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.644 Subdivision.
“Subdivision” is the division or redivision of land into five or more lots for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of two to four lots. (Ord. 2005-311 § 1).
18.06.645 Subdivision, short.
The administrative approval of the division or redivision of land into four or fewer lots for the purpose of sale or transfer of ownership. A short subdivision also may include any number of tracts for ingress, egress, utilities, open space preservation, critical area preservation, or other approved public service. (Ord. 2005-311 § 1).
18.06.647 Submerged land.*
Any land at or below the ordinary high water mark. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.645. The section has been editorially renumbered to preserve alphabetization.
18.06.648 Substantial improvement.
Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the maintenance, repair, modification or addition is started or before the damage occurred, if the structure has been damaged and is being restored. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.648.5 Support structure.
The structure to which antenna and other necessary associated hardware is mounted. Support structures include but are not limited to the following:
A. “Lattice tower” means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
B. “Monopole” means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation.
C. “Existing nonresidential structure” means existing buildings or existing structures as specified in NMC 18.25.020 to which antennas may be attached which conform to the requirements of NMC 18.25.020. (Ord. 2005-311 § 1; Ord. 2001-242 § 9).
18.06.649 Surface water conveyance.
A drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. The elements of a surface water conveyance system include, but are not limited to, gutters, ditches, pipes, biofiltration swales and channels. (Ord. 2005-311 § 1; Ord. 2000-224 § 17).
18.06.649.5 Surface water discharge.
The flow of surface water into receiving water or another discharge point. (Ord. 2005-311 § 1; Ord. 2000-224 § 18).
18.06.650 Temporary use permit.
Permit to allow a use of limited duration and/or frequency, or to allow multiple related events over a specified period. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.653 Tightline to a sewer.
A sewer trunk line designed and intended specifically to serve only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.654 Townhome.
A building containing one dwelling unit that occupies space from the ground to the roof, and is attached to one or more other townhome dwellings by common walls which may be located on lot lines. (Ord. 2005-311 § 1; Ord. 2001-248 § 12; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.193).
18.06.655 Trails.
Manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.658 Transfer station.
A staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off-site into larger transfer vehicles for transport to permanent disposal sites; and may also include recycling facilities involving collection or processing for shipment. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.660 Transit base.
An establishment for the storage, dispatch, repair and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.663 Transit park and ride lot.
Vehicle parking specifically for the purpose of access to a public transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.665 Transitional housing facilities.
Housing units owned by public housing authorities, nonprofit organizations or other public interest groups that provide housing to persons on a temporary basis for a duration not to exceed 24 months in conjunction with job training, self sufficiency training, and human services counseling; the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.668 Transmission equipment, electronic.
Equipment, such as antennas and satellites, or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.670 Transmission line booster station.
An establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.673 Transmission structure.
Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.675 Transmitter building.
Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.678 Transportation system management (TSM).
Projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.679 Tributary drainage area.
The geographical area which drains to the development proposal site as identified in an off-site analysis done pursuant to the King County Surface Water Design Manual. (Ord. 2005-311 § 1; Ord. 2000-224 § 19).
18.06.680 Ultimate roadway section.
A designation by the city of Newcastle that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.685 Use.
Activity or function carried out on an area of land, or in a building or structure located thereon. Any use comprising the sole or main use on the site is considered the primary use of the site. Any use subordinate or incidental to the primary use on a site is considered an accessory use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.686 Used by salmonids.
For purposes of critical areas regulation, the presence of any salmonid species, anadromous or resident, during any life stage at any time of the year. If salmonid presence is unknown, any stream with a defined channel two feet or greater in width between the ordinary high water marks and with a gradient less than 20 percent shall be presumed to be used by salmonids unless rebutted as prescribed in NMC 18.24.085. (Ord. 2005-311 § 1; Ord. 2000-224 § 20).
18.06.687 Utility corridor.
A narrow strip of land containing underground or aboveground utilities and the area necessary to maintain those utilities. The utility corridor is contained within and is a portion of any utility right-of-way or dedicated easement. (Ord. 2005-311 § 1; Ord. 2000-224 § 21).
18.06.688 Utility facility.
A facility for the distribution or transmission of services to an area requiring location in the area to be served; including, but not limited to:
A. Telephone exchanges;
B. Water pumping or treatment stations;
C. Electrical switching substations;
D. Water storage reservoirs or tanks;
E. Municipal groundwater well fields;
F. Regional flow control facilities;
G. Natural gas pipelines, gate stations and limiting stations;
H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users;
I. Sewer lift stations; and
J. Fiber optic relay boxes. (Ord. 2005-311 § 1; Ord. 2000-224 § 22; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.690 Variance.
An adjustment in the application of standards of a zoning code to a particular property. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.693 Vegetation.
Any and all plant life growing at, below or above the soil surface. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.694 Vendor cart.
A portable vehicle, and any related appurtenances such as a canopy or seating, not exceeding 40 square feet in area including appurtenances, used for the display and selling of commodities including but not limited to espresso and other nonalcoholic beverages, food, and flowers to walk-up patrons. Drive-up or drive-through carts are prohibited. Any items or material which may not be legally sold to minors under any law or regulation may not be sold from vendor carts to any person regardless of age. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.695 Vocational school.
Establishments offering training in a skill or trade to be pursued as a career, including uses located in SIC Industry Group No.:
A. 824 – Vocational schools; and
B. 8222 – Technical institutes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.698 Volcanic hazard area.
Those areas in the city subject to inundation by mudflows, lahars, or related flooding resulting from volcanic activity on Mt. Rainier, delineated based on recurrence of an event in magnitude to the prehistoric electron mudflow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.700 Warehousing and wholesale trade.
Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in NMC 18.08.070. These establishments shall include SIC Major Group Nos. 50 and 51 and SIC Industry Group Nos. 422 and 423. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.703 Wastewater treatment facility.
A plant for collection, decontamination and disposal of sewage, including residential, industrial and agricultural liquid wastes, and including any physical improvement within the scope of the definition of “water pollution control facility” set forth in WAC 173-90-015(4) as amended. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.705 Water dependent use, critical area.
A land use which can only exist when the interface between wet meadows, grazed land and water provides the biological or physical conditions necessary for the use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.708 Wet meadows, grazed.
Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.710 Wetland.
“Wetland” means an area that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, “wetland” is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and
B. Except for artificial features intentionally made for the purpose of mitigation, “wetland” does not include an artificial feature made from a nonwetland area, which may include, but is not limited to:
1. A surface water conveyance for drainage or irrigation;
2. A grass-lined swale;
3. A canal;
4. A flow control facility;
5. A wastewater treatment facility;
6. A farm pond;
7. A wetpond;
8. Landscape amenities;
9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway. (Ord. 2005-325 § 2).
18.06.710.5 Wetland buffer.
Designated areas adjacent to a regulated wetland which protect the wetland from surrounding activities and protect adjacent properties from changes in the location of the wetland edge. Wetland buffers minimize the short- and long-term impacts of development on properties adjacent to wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, and protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. Wetland buffer zones shall be required of all proposed regulated activities adjacent to regulated wetlands. All buffers shall be measured from the wetland edge as surveyed in the field. (Ord. 2005-311 § 1; Ord. 2000-224 § 23).
18.06.711 Wetland edge.
The line delineating the outer edge of a wetland, consistent with the “Washington State Wetlands Identification and Delineation Manual,” 1997, Department of Ecology. (Ord. 2005-311 § 1; Ord. 2000-224 § 24. Formerly 18.06.711.5).
18.06.712 Wetland, hydrologically isolated.
A wetland which: (1) Is not contiguous to any 100-year floodplain or lake, river, stream, or other aquatic system, and (2) has no contiguous surface hydrology, hydric soil, or hydrophytic vegetation between the wetland and any other aquatic system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.713 Wetland categories.
Wetlands are classified into category I, category II, category III and category IV based on the adopted Washington State Wetland Rating System for Western Washington, Washington State Department of Ecology publication number 04-06-025, published August, 2004. Wetland rating categories shall not recognize illegal modifications. (Ord. 2005-325 § 3).
18.06.713.1 Wetland complex.
“Wetland complex” means a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria:
A. Each wetland included in the complex is within 500 feet of the delineated edge of at least one other wetland in the complex;
B. The complex includes at least:
1. One wetland classified category I or II;
2. Three wetlands classified category III; or
3. Four wetlands classified category IV;
C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and
D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. (Ord. 2005-325 § 4).
18.06.713.2 Wetland creation.
“Wetland creation” means for purposes of wetland mitigation, the manipulation of the physical, chemical or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. (Ord. 2005-325 § 4).
18.06.713.3 Wetland enhancement.
“Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state of composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. (Ord. 2005-325 § 4).
18.06.713.4 Wetland functions.
“Wetland functions” means the natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for groundwater aquifers and moderating surface water and stormwater flows, as well as performing other functions including, but not limited to, those set forth in 33 CFR 320.4(b)(2), 1988. (Ord. 2005-325 § 4).
18.06.713.5 Wetland reestablishment.
“Wetland reestablishment” means for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal or returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. (Ord. 2005-325 § 4).
18.06.713.6 Wetland rehabilitation.
“Wetland rehabilitation” means for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. (Ord. 2005-325 § 4).
18.06.714 Wetpond.
An artificial water body constructed as a part of a surface water management system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.714.5 Wildlife.
Birds, fish, and animals, other than humans, which are not domesticated and are considered to be wild. (Ord. 2005-311 § 1; Ord. 2000-224 § 26).
18.06.715 Wildlife shelter.
A facility for the temporary housing of sick or wounded or displaced wildlife. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.716 Wireless communications facility.
An unstaffed facility for the transmission and reception of radio or microwave signals. WCFs are composed of two or more of the following components:
A. Antenna;
B. Support structure;
C. Equipment enclosure;
D. Security barrier. (Ord. 2005-311 § 1; Ord. 2001-242 § 12).
18.06.717 Wireless communications facility permit.
Permit granted by the city after review by the director pursuant to NMC Title 19, to locate a wireless communications facility on a particular nonresidentially zoned property, subject to conditions placed on the facility to ensure compatibility with nearby land uses. (Ord. 2005-311 § 1; Ord. 2002-254 § 4).
18.06.718 Work release facility.
A facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.06.720 Yard waste processing facility.
A site where yard and garden wastes, including wood and land-clearing debris, are processed into new products, which include but are not limited to soil amendments and wood chips. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.08
PERMITTED USESSections:
18.08.010 Establishment of uses.
18.08.020 Interpretation of land use tables.
18.08.030 Residential land uses.
18.08.040 Recreational/cultural land uses.
18.08.050 General services land uses.
18.08.060 Government/business service land uses.
18.08.070 Retail/wholesale land uses.
18.08.080 Manufacturing land uses.
18.08.090 Repealed.
18.08.100 Regional land uses.
18.08.010 Establishment of uses.
The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of Chapter 18.32 NMC. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the city of Newcastle. (Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.020 Interpretation of land use tables.
A. The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables.
B. If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses.
C. If the letter “P” appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures specified in NMC Title 19, Administrative Procedures, and the general requirements of the code.
D. If the letter “C” appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures specified in NMC Title 19, Administrative Procedures, and the general requirements of the code.
E. If the letter “S” appears in the box at the intersection of the column and the row, the regional use is permitted subject to the special use permit review procedures specified in NMC Title 19, Administrative Procedures, and the general requirements of the code.
F. If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table.
G. If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table.
H. All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 97-153 §§ 18, 19, 20; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.030
NMC 18.08.030
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. RESIDENTIAL LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU/I
DWELLING UNITS, TYPES
*
Single detached
P
P15
*
Multifamily
P11, 15
P1
P15
P11, 15
P3
P11, 15
*
Mobile home park
C
C15
*
Senior citizen assisted
C15
C
C15
C
C15
C
C15
Adult family home
P15
P
P15
P
P15
P
P15
GROUP RESIDENCES
*
Community residential facility-I
C15
C
C15
C
C15
C
C15
*
Community residential facility-II
C15
C
C15
C
C15
C
C15
*
Dormitory
C6, 15
C6, 15
C6, 15
C6, 15
*
Secure community transition facilities
S2, 15
ACCESSORY USES
*
Accessory uses, residential
C15
P7
P7, 15
P7
P7, 15
P7
C15
*
Home occupation, Type I and II
P15
P
P15
P
P15
P
P15
*
Home industry
P15
C
P15
TEMPORARY LODGING
7011
Hotel/motel
C3
P15
C15
P15
*
Bed and breakfast guesthouse
C3
P10, 15
P10
P10, 15
P10, 15
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. Repealed by Ord. 2005-311.
2. Secure community transition facilities (SCTFs) are permitted only in the R-24 and the R-48 zones. SCTFs are expressly excluded from all other zones.
3. Only as part of a mixed use development subject to the conditions of Chapters 18.14 and 18.15 NMC.
4. Reserved.
5. Reserved.
6. Only as an accessory to a school, college/university or church.
7. Accessory dwelling units: only as provided in Chapter 18.31 NMC.
8. Reserved.
9. Reserved.
10. Only as an accessory to the permanent residence of the operator, provided:
a. Serving meals to paying guests shall be limited to breakfast; and
b. The number of persons accommodated per night shall not exceed five, except that a structure which satisfies the standards of the International Building/Residential Code as adapted by the city for R-1 occupancies may accommodate up to 10 persons per night. Off-street parking shall be provided at the rate of one stall per guest room.
11. For new residential development in the MU-C and CB zones, nonresidential uses, as permitted in Chapter 18.08 NMC, must occupy a majority of a building’s ground floor frontage.
12. Reserved.
13. Reserved.
14. Reserved.
15. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way (i.e., the pedestrian focus area). (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2002-262 § 4; Ord. 2001-248 § 16; Ord. 2001-247 § 4; Ord. 2001-239 § 5; Ord. 2000-216 § 2; Ord. 2000-210 § 16; Ord. 97-153 § 21; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.040
NMC 18.08.040
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. RECREATIONAL/
CULTURAL LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU-I
PARK/RECREATION
*
Parks
P
P
P1
P1
P
P
P
P
*
Trails
P
P
P
P
P
P
P
P
*
Campgrounds
C
*
Destination resorts
C
AMUSEMENT/ENTERTAINMENT
7832
Theater/Cinema
C6, 12
P6
P6
P6
P6
792
Plays/Theatrical production
C6, 12
P6
P6
P6
P6
793
Bowling center
C13
P13
C13
*
Sports club
C
P13
C4
C4, 13
C
P13
P13
*
Golf facility
P7
P7
P7, 13
7999
Golf driving range
P7, 8
P8
P8, 13
*
Amusement arcades
P6, 13
P6, 13
P6, 13
CULTURAL
823
Library
P
C
C
P
P
P
P
841
Museum
P
C
C
P
P
P
P
842
Arboretum
P
P
P
P
P
866
Churches, synagogues and temples
C
C
C
C
C
C
*
Conference center
C
C
C
P
C
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. The following conditions and limitations shall apply, where appropriate:
a. No stadiums on sites less than 10 acres;
b. Lighting for structures and fields shall be directed away from residential areas;
c. Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
2. Reserved.
3. Reserved.
4. Limited to recreation facilities for residents of a specified residential development.
5. Reserved.
6. 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.
7. Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
a. Lighting for structures and fields shall be directed away from residential areas.
8. Only as an accessory to golf courses.
9. Reserved.
10. Reserved.
11. Reserved.
12. Only as accessory to a nonresidential use established through a discretionary permit process and limited in scale to ensure compatibility with surrounding neighborhoods.
13. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way (i.e., the pedestrian focus area). (Ord. 2007-364 § 2; Ord. 2003-278 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 6; Ord. 2000-210 § 17; Ord. 97-153 § 22; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.050
NMC 18.08.050
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. GENERAL SERVICES
LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU-I
PERSONAL SERVICES
72
General personal service
P7
P21, 29
P31
P
P29
P3
P21, 29
723
Beauty shops
P
P31
P
P
P
724
Barber shops
P
P31
P
P
P
*
Cemetery, columbarium, mausoleum
C28
*
Daycare I (up to 12)
P7
P21
P6
P6
P
P
P7
P7
*
Daycare II (greater than 12)
P7
P21
P8
P8
P
P
P8
P8
074
Veterinary clinic
P10, 21
P10
P10
P10
753
Automotive repair
P29
P29
754
Automotive services
P11
P29
P29
76
Miscellaneous repair
P29, 30
P29, 30
83
Social services
P21, 29
P12, 13
P12, 13, 29
P13
P29
P
*
Stable
P
P14
*
Kennel or cattery
C9
C29
HEALTH SERVICES
801-04
Office/outpatient clinic
P21, 29
P12, 13
P12, 13, 29
P
P29
P
P21, 29
805
Nursing and personal care facilities
C29
P29
806
Hospital
P29
807
Medical/dental lab
P21, 29
P29
P
P29
808-09
Miscellaneous health
P21, 29
P29
P
P29
EDUCATION SERVICES
*
Elementary school
P
P29
*
Middle/junior high school
P
P29
*
Secondary or high school
C
C29
*
Vocational school
C
C29
P17
P29
*
Specialized instruction school
P21, 29
P
P29
P17
P29
*
School district support facility
P21, 24, C29
P24, C
P24, C
C
C29
C
P29
*
Interim recycling facility
P21, 22, 29
P22
P22, 29
P23
P22, 29
P29
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. Reserved.
2. Reserved.
3. Limited to SIC Industry Group and Industry Nos.:
a. 723 – Beauty shops;
b. 724 – Barber shops;
c. 725 – Shoe repair shops and shoeshine parlors;
d. 7212 – Garment pressing and agents for laundries and dry cleaners;
e. 7217 – Carpet and upholstery cleaning.
4. Reserved.
5. Reserved.
6. Only as an accessory to residential use, provided:
a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates, and have a minimum height of six feet; and
b. Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones.
7. Permitted as an accessory use, see commercial/industrial accessory, NMC 18.08.060(A).
8. 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:
a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates and have a minimum height of six feet;
b. Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
c. Direct access to a developed arterial street shall be required in any residential zone; and
d. Hours of operation may be restricted to assure compatibility with surrounding development.
9. 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:
a. Boarding or overnight stay of animals is allowed only on sites of 2.5 acres or more;
b. No burning of refuse or dead animals is allowed;
c. The portion of the building or structure in which animals are kept or treated shall be soundproofed. All run areas, excluding confinement areas for livestock, shall be surrounded by an eight-foot solid wall and surface with concrete or other impervious material; and
d. The provisions of Chapter 6.10 NMC relative to animal keeping are met.
10. Subject to the following:
a. No burning of refuse or dead animals is allowed;
b. The portion of the building or structure in which animals are kept or treated shall be soundproofed. All run areas, excluding confinement areas for livestock, shall be surrounded by an eight-foot solid wall and surface with concrete or other impervious material; and
c. The provisions of Chapter 6.10 NMC relative to animal keeping are met.
11. Only as an accessory to a gasoline service station, see retail and wholesale permitted use table, NMC 18.08.070.
12. Only as a re-use of a public school facility subject to the provisions of Chapter 18.32 NMC.
13. Only as a re-use of surplus nonresidential facility subject to Chapter 18.32 NMC.
14. 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 6.10.020.
15. Reserved.
16. Reserved.
17. All instruction must be within an enclosed structure.
18. Reserved.
19. Reserved.
20. Reserved.
21. 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.
22. Limited to drop box facilities accessory to a public or community use such as a school, fire station or community center.
23. Reserved.
24. Only when adjacent to an existing or proposed school.
25. Reserved.
26. Reserved.
27. Reserved.
28. Only as part of a historic district or site.
29. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Avenue SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way.
30. All activities must occur entirely within enclosed structures; use not permitted along Newcastle Way between 129th Avenue SE and 132nd Avenue SE, or Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way.
31. Allowed within the pedestrian focus area only in mixed-use structures, i.e., buildings fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way. (Ord. 2007-364 § 2; Ord. 2003-274 § 1; Ord. 2001-248 § 17; Ord. 2001-239 § 7; Ord. 2000-210 § 18; Ord. 97-153 § 23; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.060
NMC 18.08.060
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. BUSINESS SERVICES
LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
W - Wireless Communication
Facility Permit
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU/I
GOVERNMENT SERVICES
*
Public agency or utility office
P9, 31
P3
P3, 31
P4
P31
P
P31
*
Public agency or utility yard
P30
P27, 31
P27
P27, 31, 32
*
Public agency archives
P
P31
921
Court
P4, 31
P
P31
9221
Police facility
C31
C
P31
P
P31
9224
Fire facility
P6, 31
C6
C6, 31
P
P31
P
P31
*
Utility facility
P7
P7, 9, 31
P7, 28, 29
P7, 28, 29, 31
P7, 28, 29
P7, 28, 29, 31
P7, 28, 29
P31
*
Wireless communications facility (WCF)
W12
C12, 13, 31
C13
C13, 31
W12
W12, 31
W12
W12, 31
*
Private stormwater management facility
P8
P8, 31
P8
P8, 31
P8
P8, 31
P8
P8, 31
BUSINESS SERVICES
15-17
Construction and trade
P9, 10, 31
P10, 31
P10, 31
P10
P31, 32
*
Individual transportation and taxi
P9, 10, 31
P10
P10, 31
P10
P31, 32
421
Trucking and courier service
P9, 10, 31
P11
P10, 31
P10
P31, 32
*
Warehousing and wholesale trade
P31, 32
*
Self-service storage
C14, 31
C14, 31
P31, 32
47
Transportation service
P9, 10, 31
P10
P10, 31
P10
P10, 31
473
Freight and cargo storage
P10
P31, 32
472
Passenger transportation service
P9, 10, 31
P10
P10, 31
P10
P10, 31
48
Communication offices
P9, 10, 31
P10
P10, 31
P10
P10, 31
482
Telegraph and other communications
P9, 10, 31
P10
P10, 31
P10
P10, 31
*
General business service
P9, 10, 31
P10
P10, 31
P10
P16, 31, 32
*
Professional office
P9, 31
P4
P
P31
P
P16, 31
7312
Outdoor advertising service
P31, 32
735
Miscellaneous equipment rental
C31, 32
751
Automotive rental and leasing
C33
752
Automotive parking
C19
C19
C19
P19, 31
P19, 31
7941
Professional sport teams/promoters
P9, 10, 31
P10
P31
873
Research, development, testing
P2
P2, 31, 32
*
Commercial/industrial accessory use
C31, 32
*
Helistop
C23
C23
C23, 31
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. Reserved.
2. Except SIC Industry No. 8732 – Commercial economic, sociological, and educational research, see general business service/office.
3. Subject to one of the following:
a. Only as a re-use of a public school facility subject to the provisions of Chapter 18.32 NMC;
b. Only when necessary to a fire facility and the office is no greater than 1,500 square feet of floor area.
4. Only as a re-use of a surplus nonresidential facility subject to Chapter 18.32 NMC.
5. Reserved.
6. Subject to the following:
a. All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
b. Any buildings from which firefighting equipment emerges onto a street shall maintain a distance of 35 feet from such street; and
c. No outdoor storage.
7. Limited to utility transmission, distribution and service lines and associated switching stations, substations, booster stations, electrical conversion substations, natural gas gate stations and limiting stations.
8. 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.
9. 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.
10. Limited to office uses.
11. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.
12. 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.
13. 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.
14. Accessory to an apartment development of at least 12 units provided:
a. The gross floor area in self service storage shall not exceed 50 percent of the total gross floor area of the multifamily dwellings on the site;
b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property;
c. The use of the facility shall be limited to dead storage of household goods;
d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;
e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;
f. No residential occupancy of the storage units;
g. No business activity other than the rental of storage units to the apartment dwellings on the site; and
h. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.
15. Reserved.
16. Only as an accessory use to another permitted use.
17. Reserved.
18. Reserved.
19. Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:
a. They are located on existing parking lots for churches, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and
b. The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department of public works.
20. Reserved.
21. Reserved.
22. Reserved.
23. Limited to emergency medical evacuation sites in conjunction with police, fire or health service facility.
24. Reserved.
25. Reserved.
26. Reserved.
27. Subject to the following:
a. Utility yards only on sites with utility district offices; or
b. Public agency yards are limited to material storage for road maintenance facilities.
28. Excluding liquefied natural gas storage tanks.
29. Excluding bulk gas storage tanks.
30. Subject to the following:
a. Public agency yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones;
b. Lighting for structures shall be directed away from residential and wildlife areas; and
c. Type I landscaping shall be installed around all outdoor storage areas;
d. Except in cases of emergency, all activities taking place in public agency or utility yards shall abide by the city’s noise regulations, NMC 9.05.510.
31. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way.
32. 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.
33. Permitted only when accessory to and contained within a structure parking garage. (Ord. 2007-364 § 2; Ord. 2007-362 §§ 1, 2; Ord. 2003-278 § 2; Ord. 2003-274 § 1; Ord. 2002-254 § 5; Ord. 2001-242 § 13; Ord. 2001-239 § 8; Ord. 2000-210 § 19; Ord. 97-153 § 24; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.070
NMC 18.08.070
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. RETAIL LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU-I
*
Adult entertainment businesses
C11, 21
*
Building, hardware, garden material
P2, 7a, 13, 21, 22
P21, 22, 23
P2, 7a
P21, 22
P21
*
Forest product sales
C21, 22
*
Department and variety stores
P5, 13
P23
P5
P
P
54
Food stores
P7a, 13
P23
P7a
P
P
*
Agricultural product sales
P7a, c, 13, 21, 22
P7a, c
P21, 22
P21, 22
*
Motor vehicle and boat dealers
C21, 22
553
Auto supply stores
P9, 21
554
Gasoline service stations
P
P21
56
Apparel and accessory stores
P13
P23
P
P
*
Furniture and home furnishings stores
P7a, 13
P23
P
P
58
Eating and drinking places
P
P13
P23
P10
P
P
P
*
Drug stores
P13
P23
P
P
P
P
592
Liquor stores
P
593
Used goods: antiques and secondhand shops
P13
P23
P
P
*
Sporting goods and related stores
P8
P13
P23
P
P
*
Books, stationery, video and art supply stores
P11, 13
P23
P11
P11
P
*
Jewelry stores
P13
P23
P
P
*
Hobby, toy and game shops, other than adult entertainment businesses
P13
P23
P
P
P
*
Photographic and electronic shops
P23
P
P
P
*
Fabric shops
P13
P23
P
P
*
Florist shops
P13
P23
P
P
P
P
*
Personal medical supply stores
P13
P23
P
P
P
*
Pet shops
P13
P
P
P
*
Bulk retail
P21, 22
P21, 22
*
Auction houses
C21, 22
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. Reserved.
2. Only hardware and garden materials stores shall be permitted.
3. Reserved.
4. Reserved.
5. 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.
6. Reserved.
7. Subject to the following:
a. The floor area devoted to retail sales shall not exceed 2,500 square feet, except in the MU, MU-R, and MU-C zones where the maximum floor area devoted to retail sales shall not exceed 25,000 square feet;
b. No more than 40 percent of the average annual gross sales of agricultural products sold through the store over a five-year period shall be derived from products not grown or produced in King County. At the time of the initial application, the applicant shall submit a reasonable projection of the source of product sales;
c. Sales shall be limited to agricultural produce and plants;
d. Storage areas for produce may be included in a farm store structure or in any accessory building;
e. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. during the months of May through September and 7:00 a.m. to 7:00 p.m. during the months of October through April; outside lighting is permitted, provided no off-site glare is allowed; and
f. Noncontiguous lands within the city may be assembled by an individual farmer or group of farmers for the purposes of establishing a source of local products to be sold in a farm store on one of the properties.
8. Only as an accessory to golf courses.
9. Only the sale of new or reconditioned automobile supplies is permitted.
10. Excluding SIC Industry No. 5813 – Drinking places.
11. 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.
12. No outside storage of fuel trucks and equipment.
13. 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.
14. Reserved.
15. Reserved.
16. Reserved.
17. Reserved.
18. Reserved.
19. Reserved.
20. Reserved.
21. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way.
22. 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.
23. Allowed within the pedestrian focus area only as part of a mixed-use structure, i.e., buildings fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way. (Ord. 2007-364 § 2; Ord. 2003-274 § 1; Ord. 2001-239 § 9; Ord. 2000-210 § 20; Ord. 98-180 §§ 3, 4; Ord. 97-153 § 25; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.080
NMC 18.08.080
LIMITED OPEN SPACE
MIXED USE,
MU-C & MU-RURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. MANUFACTURING
LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU-I
20
Food and kindred products
P2
2082/ 2084
Microbrewery/winery
C1, 13
P13
P13
23
Apparel and other textile products
C12, 13
24
Wood products, except furniture
C12, 13
25
Furniture and fixtures
C1, 13
P13
27
Printing and publishing
P1, 7, 13
P7
P7, 13
P7
P13
31
Leather and leather goods
C2, 12, 13
32
Stone, clay, glass and concrete products
P8, 13
P13
34
Fabricated metal products
P
357
Computer and office equipment
C
P13
36
Electronic and other electric equipment
C12, 13
38
Measuring and controlling instruments
C
P13
781-82
Movie production/distribution, other than adult entertainment businesses
C1
P13
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. 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.
2. Except slaughterhouses.
3. Reserved.
4. Reserved.
5. Reserved.
6. Reserved.
7. Limited to photocopying and printing services offered to the general public.
8. Only within enclosed buildings, and as an accessory use to retail sales.
9. Reserved.
10. Reserved.
11. Reserved.
12. The use shall not produce noxious emissions, odor, noise, heat or vibration that would adversely impact adjacent properties; and the use must occur within enclosed buildings, and as an accessory use to retail sales.
13. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way. (Ord. 2007-364 § 2; Ord. 2003-274 § 1; Ord. 2001-239 § 10; Ord. 2000-210 § 21; Ord. 98-180 §§ 5, 6; Ord. 97-153 § 26; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.090 Resource land use.
Repealed by Ord. 2000-210. (Ord. 97-153 § 27; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.08.100
NMC 18.08.100
LIMITED OPEN SPACE
MIXED USE,
MU-R & MU-CURBAN
RESIDENTIAL
NEIGHBORHOOD
BUSINESS
COMMUNITY
BUSINESS
OFFICE
MIXED USE/INDUSTRIAL
A. REGIONAL LAND USES
ZONE
KEY
P - Permitted Use
C - Conditional Use
S - Special Use
SIC #
SPECIFIC LAND USE
LOS
MU
R-1–8
R-12–48
NB
CB
O
MU-I
*
Jail
S17
S17, 18
S17
*
Work release facility
S18
S
*
Public agency animal control facility
S19
*
Public agency training facility
S3, 18
S3
C3, 18
*
Nonhydroelectric generation facility
C12, S
C12, S, 18
C12, S
C12, S, 18
C12, S
P12, S, 18
*
Transfer station
S19
*
Municipal water production
S
S
S18
S
S18
S
S18
*
Transit bus base
S18
*
Transit park and ride lot
P
P15, 18
P15
P15, 18
P15
P15, 18
P15
P15, 18
*
School bus base
S
*
Arboretum
P
P
651
Stadium/arena
8221-8222
College/university (1)
P18
P10, C11, S
P10, C11, S, 18
P10, C11, S
P18
P
P18
GENERAL CROSS REFERENCES: Land Use Table Instructions, see NMC 18.02.070 and 18.08.020.
Development Standards, see Chapters 18.12 through 18.30 NMC.
General Provisions, see Chapters 18.32 through 18.36 NMC.
Application and Review Procedures, see NMC Title 19, Administrative Procedures.
(*) Definition of this specific land use, see Chapter 18.06 NMC.
B. Development Conditions.
1. Except technical institutions. See vocational schools on general services land use table, NMC 18.08.050.
2. Except arboretum. See NMC 18.08.040, Recreation/Cultural land use table.
3. Except weapons armories and outdoor shooting ranges.
4. Except outdoor shooting range.
5. Only in conjunction with an existing or proposed school.
6. Reserved.
7. Limited to landing field for aircraft involved in forestry or agricultural practices or for emergency landing sites.
8. Except racing of motorized vehicles.
9. Limited to wildlife exhibit.
10. Only as a re-use of a public school facility subject to the provisions of Chapter 18.32 NMC.
11. Only as a re-use of surplus nonresidential facility subject to the provisions of Chapter 18.32 NMC.
12. Limited to cogeneration facilities for on-site use only.
13. Excluding impoundment of water using a dam.
14. Limited to facilities that comply with the following provisions:
a. Any new diversion structure shall not:
i. Exceed a height of eight feet as measured from the streambed, or
ii. Impound more than three surface acres of water at the normal maximum surface level;
b. There shall be no active storage;
c. The maximum water surface area at any existing dam or diversion shall not be increased;
d. An exceedance flow of no greater than 50 percent in mainstream reach shall be maintained;
e. Any transmission line shall be limited to a:
i. Right-of-way of five miles or less, and
ii. Capacity of 230 KV or less;
f. Any new, permanent access road shall be limited to five miles or less;
g. The facility shall be located above any portion of the stream used by anadromous fish.
15. Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:
a. They are associated on existing parking lots for churches, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours;
b. The site is adjacent to a designated arterial that has been improved to a standard acceptable to the city.
16. Minimum 10 acres.
17. Only as an accessory to a local police station.
18. At least 50 percent of a building’s ground floor street frontage must be occupied by pedestrian-oriented uses as defined in NMC 18.06.446 when fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or when fronting Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way.
19. All activities must occur entirely within enclosed structures; use not permitted along Newcastle Way between 129th Avenue SE and 132nd Place SE, or Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way. (Ord. 2007-364 § 2; Ord. 2003-274 § 1; Ord. 2001-242 § 14; Ord. 2001-239 § 11; Ord. 2000-210 § 23; Ord. 97-153 § 28; Ord. 97-145 Exh. A; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.12
DEVELOPMENT STANDARDS –
DENSITY AND DIMENSIONSSections:
18.12.010 Purpose.
18.12.020 Interpretation of tables.
18.12.030 Residential zones.
18.12.040 Commercial/industrial and mixed use zones.
18.12.050 Repealed.
18.12.060 Minimum urban residential density.
18.12.070 Calculations – Allowable dwelling units or floor area.
18.12.080 Calculations – Site area used for density calculations.
18.12.090 Lot area – Prohibited reduction.
18.12.100 Lot area – Minimum lot area for construction.
18.12.110 Setbacks – Specific building or use.
18.12.120 Setbacks – Modifications.
18.12.130 Setbacks – From regional utility corridors.
18.12.140 Setbacks – From alley.
18.12.150 Setbacks – Adjoining half-street or designated arterial.
18.12.160 Setbacks – Projections allowed.
18.12.170 Repealed.
18.12.180 Open space – Required in MU zones.
18.12.190 Lot divided by zone boundary.
18.12.200 Sight distance requirements.
18.12.210 Nonresidential land uses in residential zones.
18.12.010 Purpose.
The purpose of this chapter is to establish requirements for development relative to residential density and basic dimensional standards, as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, provide solar access, and maintain privacy between adjacent uses. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.020 Interpretation of tables.
A. NMC 18.12.030 and 18.12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology are set forth in NMC 18.12.050 through 18.12.210.
B. The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into two general land use categories:
1. Residential; and
2. Commercial/industrial and mixed use.
C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. (Ord. 2003-274 § 1; Ord. 2001-239 § 12; Ord. 2000-210 § 24; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.030 Residential zones.
A. Densities and Dimensions.
ZONES
RESIDENTIAL
LIMITED OPEN SPACE
URBAN
RESIDENTIAL
Single-Family Residential
Multifamily Residential
STANDARDS
LOS-12
R-1
R-4
R-6
R-8
R-12
R-18
R-24
R-48
Base Density: Dwelling Unit/Acre
0.2 du/ac
1 du/ac
4 du/ac (6)
6 du/ac
8 du/ac
12 du/ac
N/A
24 du/ac (14)
N/A
Maximum Density: Dwelling Unit/Acre (1)
N/A
N/A
6 du/ac
9 du/ac
12 du/ac
18 du/ac
N/A
36 du/ac (14)
N/A
Minimum Density:
% of Base Density (2)
N/A
N/A
75%
80%
80%
80%
N/A
70% (14)
N/A
Minimum Floor Area Ratio (FAR)
N/A
N/A
N/A
N/A
N/A
N/A
0.75:1 (14)
0.75:1 (14)
0.75:1 (14)
Maximum Floor Area Ratio (FAR)
N/A
N/A
N/A
N/A
N/A
N/A
4:1
(14) (15)4:1
(14) (15)4:1
(14) (15)Minimum Lot Width
135 ft
100 ft (7)
60 ft
50 ft
40 ft
30 ft
30 ft
30 ft
30 ft
Minimum Lot Width at Street
60 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
Minimum Lot Area: Square Feet
40,000
40,000
7,500
6,000
4,000
3,600
3,600
3,600
3,600
Minimum Front Setback (11) (13)
30 ft
30 ft (7)
10 ft (8)
10 ft (8)
10 ft (8)
10 ft (8)
10 ft (8)
10 ft (8)
10 ft (8)
Minimum Side Setback (11) (13)
35 ft
10 ft (7) (12)
5 ft (10) (12)
5 ft (10) (12)
5 ft (10) (12)
5 ft (10)
5 ft (10)
5 ft (10)
5 ft (10)
Minimum Rear Setback (11) (13)
35 ft
25 ft (7)
20 ft
20 ft
20 ft
25 ft
25 ft
25 ft
25 ft
Base Height
30 ft
30 ft
30 ft
30 ft
30 ft
35 ft (4)
75 ft (4)
75 ft (4) (16) (17)
75 ft (16) (17)
Maximum Building Coverage: Percentage (5)
2%
15%
35%
35%
35%
50%
50%
50%
50%
Maximum Impervious Surface: Percentage (5)
10%
20%
45%
45%
45%
60%
60%
85%
85%
B. Development Conditions.
1. The maximum density may be achieved only through the application of residential density incentives. Maximum density may only be increased pursuant to NMC 18.34.040(F). Transfer of residential density shall be allowed only from one portion of a proposed residential development site to another contiguous portion of the same site.
2. Also see NMC 18.12.060.
3. [Repealed by Ord. 2005-311.]
4. Outside of the CBC overlay zone, the base height is 50 feet. Height limits may be increased when portions of the structure which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit; provided, that the maximum height may not exceed 60 feet.
5. Applies to each individual lot. Building coverage and impervious surface area standards for:
a. Regional uses shall be established at the time of permit review; or
b. Nonresidential uses in residential zones shall comply with NMC 18.12.210.
6. Mobile home parks shall be allowed a base density of six dwelling units per acre.
7. The standards of the R-4 zone shall apply if a lot is less than 15,000 square feet in area.
8. At least 20 linear feet of driveway shall be provided between any garage, carport, or other fenced parking area and the street property line. The linear distance shall be measured along the centerline of the driveway from the access point to such garage, carport or fenced area to the street property line.
9. Reserved.
10. For multifamily development, the setback shall be the greater of:
a. Twenty feet along any property line abutting R-4 through R-8; or
b. The average setback of the R-4 through R-8 zoned single-family detached dwelling units from the common property line separating said dwelling units from the adjacent multifamily development; provided, the required setback applied to said development shall not exceed 60 feet. The setback shall be measured from said property line to the closest point of each single-family detached dwelling unit, excluding projections allowed per NMC 18.12.160 and accessory structures existing at the time the multifamily development receives conditional use permit approval by the city.
These standards shall apply to nonresidential uses in the LOS zone.
11. Setbacks shall not be less than the required landscape width per Chapter 18.16 NMC.
12. Side Yard Requirements. The sum of the side yards shall be at least 15 feet; provided, no side yard abutting an interior lot line shall be less than five feet, and no side yard abutting a street shall be less than 10 feet.
13. Subject to NMC 18.24.300 if critical areas are identified on subject property.
14. Within the community business center (CBC) overlay zone, minimum and maximum floor area ratio (FAR) requirements shall apply for all uses except cultural uses; base, minimum, and maximum residential density requirements apply only to areas outside of the CBC overlay zone.
15. This FAR may only be achieved through the application of FAR incentives; see Chapter 18.36 NMC.
16. Within the CBC overlay zone, there is an additional upper story setback for all new or expanded development above 35 feet and within 60 feet of single-family residential properties or Lake Boren. Starting at 20 feet from the property line, building height may be increased five feet in height for every five feet of additional setback provided until the maximum height of 75 feet is achieved at the 60-foot setback.
17. Within the CBC overlay zone, an upper story setback of 10 feet from the property line is required for any part of a building above 40 feet. (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 2001-248 § 18; Ord. 2000-210 § 25; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.040 Commercial/industrial and mixed use zones.
A. Densities and Dimensions.
ZONES
NEIGHBORHOOD BUSINESS
COMMUNITY BUSINESS
OFFICE
MIXED USE
MIXED USE/
INDUSTRIALSTANDARDS
NB
CB
O
MU, MU-R, MU-C
MU/I
Base Density: Dwelling Unit/Acre
8 du/ac (2)
N/A
N/A
N/A
N/A
Maximum Density: Dwelling Unit/Acre
12 du/ac (2) (3)
N/A
N/A
N/A
N/A
Maximum Front Setback (1)
0 ft (5)
0 ft (5) (9)
0 ft
0 ft (9)
25 ft
Minimum Side Setback
20 ft (7)
20 ft (7)
20 ft (7)
20 ft (7) (8)
20 ft (7)
50 ft (10)
Minimum Rear Setback
20 ft (7)
20 ft (7)
20 ft (7)
20 ft (7)
20 ft (7)
50 ft (10)
Base Height
35 ft
75 ft (14) (15)
75 ft (14) (15)
75 ft (14) (15)
75 ft (14) (15)
Minimum Floor Area Ratio (FAR)
N/A
0.75:1
0.75:1
0.75:1
0.75:1
Maximum Floor Area Ratio (FAR)
N/A
4:1 (3)
4:1 (3)
4:1 (3)
4:1 (3)
Maximum Floor/Lot Ratio: Square Feet
1/1
N/A
N/A
Maximum Building Coverage: Percentage
N/A
N/A
N/A
70%
N/A
Maximum Impervious Surface: Percentage
85%
100%
75%
85%
90%
B. Development Conditions.
1. The front setback is intended to be a maximum of zero feet requiring at least 80 percent of the building ground floor street frontage to be located adjacent to the right-of-way. The community development director may allow larger setbacks within the portion of the frontage used to calculate the 80 percent requirement only if wider sidewalks, seating, public plaza or other pedestrian amenities contained in NMC 18.36.040 are included within this setback.
2. These densities are allowed only through the application of mixed use development standards.
3. These densities may only be achieved through the application of residential density incentives; see Chapter 18.34 NMC. Within the CBC overlay zone, these densities may only be achieved through the application of FAR incentives; see Chapter 18.36 NMC.
4. Reserved.
5. Gas station pump islands shall be placed no closer than 25 feet to street front lines.
6. Reserved.
7. Twenty-foot setback only required on property lines adjoining single-family residential zones, otherwise no specific interior setback requirement.
8. The minimum side setback in the MU-R zone is 10 feet.
9. Where the existing right-of-way is inadequate to allow for the required sidewalk widths, buildings must be set back the minimal distance in order to meet the required sidewalk width.
10. Fifty-foot setback only required on property lines adjoining residential zones for industrial uses established by conditional use permits, otherwise no specific interior setback requirement.
11. Reserved.
12. Reserved.
13. Reserved.
14. An upper story setback of 10 feet from the property line is required for any part of a building above 40 feet.
15. Within the CBC overlay zone, there is an additional upper story setback for all new or expanded development above 35 feet and within 60 feet of single-family residential properties or Lake Boren. Starting at the required setback of 20 feet from the property line, building height may be increased five feet in height for every five feet of additional setback provided until the maximum height of 75 feet is achieved at the 60-foot setback. (Ord. 2008-380 § 2; Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 13; Ord. 2000-210 § 26; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.050 Measurement methods.
Repealed by Ord. 2000-210. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.060 Minimum urban residential density.
Minimum density for residential development in the urban areas designated by the comprehensive plan shall be based on the table in NMC 18.12.030, adjusted as provided for in NMC 18.12.070 and 18.12.080.
A. A proposal may be phased, when compliance with the minimum density requirement results in noncompliance with the standards of Chapter 18.28 NMC, provided the overall density of the proposal is consistent with this section.
B. Minimum density requirements may be waived by the city of Newcastle if the applicant demonstrates one or more of the following:
1. The proposed layout of the lots in a subdivision or the buildings in a multiple dwelling development will not preclude future residential development consistent with the minimum density of the zone.
2. The noncritical area of the parcel is of a size or configuration that results in lots which cannot meet the minimum dimensional requirements of the zone or in lots that result in an incompatible neighborhood design.
3. In the R-12 through R-48 zones, the area of the parcel required to accommodate stormwater facilities exceeds 10 percent of the area of the site.
4. The site contains a national, state or county historic landmark.
C. The minimum density requirements of NMC 18.12.030 shall be adjusted for the proportions of critical areas on the site, as follows:
Percentage of Site in Critical Area and/or Buffer
Percentage Minimum Density
1 – 20%
90%
21 – 40%
80%
41 – 60%
60%
61 – 80%
40%
81 – 100%
20%
Total dwelling units allowed by base density (prior to adjustment for critical areas and their buffers per NMC 18.12.080) x minimum density (NMC 18.12.030) x percentage of minimum density = adjusted minimum density.
(Ord. 2005-311 § 1; Ord. 2001-248 § 19; Ord. 2000-210 § 28; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994)
18.12.070 Calculations – Allowable dwelling units or floor area.
Permitted number of units or floor area shall be determined as follows:
A. The maximum allowed number of dwelling units shall be computed by multiplying the site area (in acres) by the applicable residential density;
B. The allowed floor area which excludes structured or underground parking areas and mechanical equipment shall be computed by multiplying the project site area by the applicable floor/lot area ratio; and
C. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.080 Calculations – Site area used for density calculations.
A. All areas of a site may be used in the calculation of allowed residential density or project floor area subject to the adjustments for critical areas and their buffers set out in subsections (B) through (D) of this section.
B. Critical areas and their buffers may be used for calculation of allowed residential density whenever two or more residential lots or dwelling units are created subject to the following limitations:
1. Full density credit shall be allowed for coal mine, erosion and seismic hazard areas and for flood hazard areas outside of streams, wetlands or buffers associated with streams or wetlands.
2. Partial to full density credit shall be allowed for steep slopes, landslide hazard areas, and any required critical area buffers according to the following table:
Percentage of Site in Critical Area and/or Buffer
Amount of Density Credit
1 – 10%
100%
11 – 20%
90%
21 – 30%
80%
31 – 40%
70%
41 – 50%
60%
51 – 60%
50%
61 – 70%
40%
71 – 80%
30%
81 – 90%
20%
91 – 100%
10%
3. No density credit shall be allowed for streams or wetlands.
C. Allowed density on sites containing critical areas shall be calculated as follows:
1. Determine the percentage of site area in critical areas and buffers by dividing the total area in required critical areas and buffers by the total site area;
2. Multiply the density credit percentage set forth in subsection (B) of this section by the site area in critical areas and buffers to determine the effective critical area; and
3. Add the effective critical area to the site area not in critical areas or buffers. The resulting acres shall be considered the effective site area for purposes of density calculation and shall be treated the same as the site area for purposes of determining the allowable dwelling units pursuant to NMC 18.12.070.
D. Submerged lands except for artificially created ponds shall not be credited toward density or floor area calculations. (Ord. 2005-311 § 1; Ord. 2001-248 § 20; Ord. 98-176 § 2; Ord. 86 § 1, 1995; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.090 Lot area – Prohibited reduction.
Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.100 Lot area – Minimum lot area for construction.
Except as provided for nonconformances by Chapter 18.32 NMC:
A. No new lots shall be created in the R zone that contain less than the applicable minimum lot area shown in NMC 18.12.030.
B. Construction shall not be permitted in the R zone on an existing buildable lot of record containing less than 2,500 square feet or that is less than 30 feet in width. (Ord. 2005-311 § 1; Ord. 2000-210 § 29; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.110 Setbacks – Specific building or use.
When a building, use or structure is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building, use or structure. (Ord. 2005-311 § 1; Ord. 2001-248 § 21; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.120 Setbacks – Modifications.
The following setback modifications are permitted:
A. When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line; and
B. When a lot is located between lots having nonconforming front setbacks, the required front setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required front setback, whichever results in the greater front setback. (Ord. 2005-311 § 1; Ord. 2000-210 § 30; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.130 Setbacks – From regional utility corridors.
A. In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.
B. In other types of land development permits, easements shall be used to delineate such corridors.
C. All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.140 Setbacks – From alley.
A. Structures may be built to the property line abutting an alley, except as provided in subsection (B) of this section.
B. Vehicle access points from garages, carports or fenced parking areas shall be set back from the alley property line to provide a straight line length of at least 26 feet from the access point to the opposite edge of the alley. No portion of the garage or the door in motion may cross the property line. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.150 Setbacks – Adjoining half-street or designated arterial.
In addition to providing the standard front setback, a lot adjoining a half-street or designated arterial, collector or local access street shall provide an additional width of front setback sufficient to accommodate construction of the planned half-street, arterial, collector or local access street. (Ord. 2005-311 § 1; Ord. 2001-248 § 22; Ord. 2000-210 § 31; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.160 Setbacks – Projections allowed.
Projections may extend into required setbacks as follows:
A. Fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are:
1. Limited to two per facade;
2. Not wider than 10 feet; and
3. Not more than 24 inches into a side or rear setback or 30 inches into a front setback.
B. Uncovered porches and decks which exceed 18 inches above the finished grade may project:
1. Eighteen inches into side and rear setbacks; and
2. Five feet into the front setback.
C. Uncovered porches, patios and decks not exceeding 18 inches above the finished grade may project:
1. Eighteen inches into side setback; and
2. Fifteen feet into the rear setback; and
3. Five feet into the front setback.
D. Eaves may not project more than:
1. Eighteen inches into a side or rear setback; or
2. Twenty-four inches into a front setback.
E. Fences with a height of six feet or less may project into any setback; provided, that the sight distance requirements of NMC 18.12.200 are maintained.
F. Rockeries and retaining walls no more than 30 inches in height may project to the property line. (Ord. 2005-311 § 1; Ord. 2001-248 § 23; Ord. 2000-210 § 32; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.170 Height – Exceptions to limits.
Repealed by Ord. 2000-210. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.180 Open space – Required in MU zones.
For new developments in MU, MU-C and MU-R zones, a minimum of 20 percent of the lot area shall be devoted to landscaping or pedestrian-oriented open space. (Ord. 2001-239 § 14).
18.12.190 Lot divided by zone boundary.
When a lot is divided by a zone boundary, the following rules shall apply:
A. When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site; and
B. Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter 18.08 NMC. (Ord. 2001-248 § 24; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.200 Sight distance requirements.
Except for utility poles and traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:
A. A sight distance triangle area as determined by subsection (B) of this section shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 42 inches and eight feet above the existing street grade;
NOTE: The area of a sight distance triangle between 42 inches and eight feet above the existing street grade shall remain open.
SIGHT DISTANCE TRIANGLE
B. The sight distance triangle at:
1. A street intersection shall be determined by measuring 15 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle; or
2. A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along the edges of the driveway beginning at the respective points of intersection. The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle.
C. The director may require modification or removal of structures or landscaping located in required street setbacks, if:
1. Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and
2. No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2000-210 § 34; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.12.210 Nonresidential land uses in residential zones.
Except for utility facilities and uses listed in NMC 18.08.100, all nonresidential uses located in the R zone shall be subject to the following requirements:
A. Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection (B) of this section.
B. Single detached dwelling allowed as accessory to a church or school shall conform to the setback requirements of the zone.
C. Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area.
D. Sites shall abut or be accessible from at least one public street functioning at a level consistent with city of Newcastle street design standards. New high school sites shall abut or be accessible from a public street functioning as an arterial per the city of Newcastle design standards.
E. The base height shall conform to height limitation of the zone in which the use is located. (Ord. 2000-210 § 35; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.14
DEVELOPMENT STANDARDS
– DESIGN REQUIREMENTSSections:
18.14.010 Purpose.
18.14.020 General layout standards.
18.14.030 Repealed.
18.14.040 Repealed.
18.14.050 Repealed.
18.14.060 Townhome development.
18.14.070 Attached dwellings and group residences – Applicability.
18.14.080 Attached dwellings and group residences – Vehicular access and parking location.
18.14.090 Attached dwellings and group residences – Building facade modulation.
18.14.100 Attached dwellings and group residences – Roofline variation.
18.14.110 Community business zone – Right-of-way projections allowed.
18.14.120 Reserved.
18.14.130 Reserved.
18.14.140 Reserved.
18.14.150 Mobile home parks – Standards for existing parks.
18.14.160 Mobile home parks – Standards for new parks.
18.14.170 Mobile home parks – Alternative design standards.
18.14.180 On-site recreation – Space required.
18.14.190 On-site recreation – Play areas required.
18.14.200 On-site recreation – Maintenance of recreation space or dedication.
18.14.210 On-site recreation – Fee-in-lieu-of recreation space.
18.14.220 On-site recreation – Acceptance criteria for fee-in-lieu-of recreation space.
18.14.230 On-site recreation – Determination of fee-in-lieu-of space.
18.14.240 On-site recreation – Collection and expenditure of fee-in-lieu-of space.
18.14.250 Storage space and collection points for recyclables.
18.14.260 Fences.
18.14.270 Trail corridors – Applicability.
18.14.280 Trail corridors – Design standards.
18.14.290 Trail corridors – Maintenance of trail corridors/improvements.
18.14.010 Purpose.
The purpose of this chapter is to improve the quality of urban development by providing building and site design standards that:
A. Reduce the visual impact of large residential buildings from adjacent streets and properties;
B. Enhance the aesthetic character of large residential buildings;
C. Contain sufficient flexibility of standards to encourage creative and innovative site and building design; and
D. Meet the on-site recreation needs of project residents. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.020 General layout standards.
For residential developments in the R zone:
A. The maximum length of blocks shall be 1,320 feet; and
B. Except for corner lots, lots for single detached dwellings shall not have street frontage along two sides unless one of said streets is a neighborhood collector street or an arterial street. (Ord. 2000-210 § 36; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.030 Lot segregations – Zero lot line development.
Repealed by Ord. 2000-222. (Ord. 2000-210 § 37; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.040 Lot segregations – Clustered development.
Repealed by Ord. 2000-222. (Ord. 2000-210 § 38; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.050 Lot segregations – UR zone reserve tract.
Repealed by Ord. 2000-210. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.060 Townhome development.
In the R-1 through R-8 zones, a building that contains a grouping of attached townhome units shall not exceed a 120-foot maximum length without a separation of at least 20 feet from other groupings or rows of townhomes. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.070 Attached dwellings and group residences – Applicability.
The standards of NMC 18.14.080 through 18.14.100 shall apply to all new apartment developments exceeding four dwelling units, new townhome development and new group residences except Class I Community Residential Facilities (CRF-I). Expansions of existing development that involve four or more dwelling units shall be subject to compliance with NMC 18.14.070 through 18.14.090. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.080 Attached dwellings and group residences – Vehicular access and parking location.
A. On sites abutting an alley constructed to a width of at least 20 feet, apartment and townhome development and all group residences except Class I Community Residential Facilities (CRF-I) shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the director due to physical site limitations.
B. When alley access is provided, no additional driveway access from the public street shall be allowed except as necessary to access parking under the structure.
C. When common parking facilities for attached dwellings and group residences exceed 30 spaces, no more than 50 percent of the required parking shall be permitted between the street property line and any building, except when authorized by the director due to physical site limitations. (Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.090 Attached dwellings and group residences – Building facade modulation.
Apartment and townhome developments and all group residences shall provide building facade modulation on facades exceeding 60 feet in length. The following standards shall apply:
A. The maximum wall length without modulation shall be 30 feet;
B. The minimum modulation depth shall be three feet; and
C. The minimum modulation width shall be eight feet. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.100 Attached dwellings and group residences – Roofline variation.
Apartments and townhome developments and all group residences shall provide roofline variation on rooflines exceeding 60 feet according to the following standards:
A. The maximum roof length without variation shall be 30 feet;
B. The minimum horizontal or vertical offset shall be three feet;
C. The minimum variation length shall be eight feet; and
D. Roofline variation shall be achieved using one or more of the following methods:
1. Vertical off-set in ridge line,
2. Horizontal off-set in ridge line,
3. Variations of roof pitch,
4. Gables,
5. False facades, or
6. Any other technique approved by the director that achieves the intent of this section. (Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.110 Community business zone – Right-of-way projections allowed.
Porches, awnings, or other pedestrian coverings may project into the street right-of-way in accordance with Newcastle public works standards, provided they do not project beyond the street edge of the sidewalk. (Ord. 2001-239 § 15).
18.14.120 Reserved.
18.14.130 Reserved.
18.14.140 Reserved.
18.14.150 Mobile home parks – Standards for existing parks.
A. Mobile home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.
B. Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback option set forth in NMC 18.14.170. Where internal setbacks are not specified, the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.
C. No spaces or pads in an existing mobile home park shall be used to accommodate recreational vehicles (RVs), except when the spaces or pads were specifically for RVs at the time the park was established.
D. An existing mobile home park may be enlarged, provided the proposed enlargement meets the standards set forth in NMC 18.14.160 and NMC 18.14.170.
E. Both insignia and noninsignia mobile homes may be installed in established parks; provided, that all mobile homes supported by piers shall be fully skirted, and that nonstandard mobile homes shall meet the minimum livability and safety requirements set forth in the Uniform Building Code. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.160 Mobile home parks – Standards for new parks.
New mobile home parks shall be developed subject to the following standards:
A. A mobile home park shall be at least three acres in area;
B. Residential densities in a mobile home park shall be as follows:
1. Six dwellings per acre in R-4 zone;
2. The base density of the zone in which the park is located in all R-6 through R-48 zones; and
3. Mobile home parks shall be eligible to achieve the maximum density permitted in the zone by providing the affordable housing benefit for mobile home parks set forth in Chapter 18.34 NMC;
C. Both insignia and noninsignia mobile homes may be installed in mobile home parks, provided that noninsignia mobile homes shall meet the minimum livability and safety requirements set forth in the Uniform Building Code;
D. A mobile home park shall be exempt from the building coverage and impervious surface limits set forth in Chapter 18.12 NMC;
E. At least one of the off-street parking spaces required for each mobile home shall be located on or adjacent to each mobile home pad;
F. Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted city of Newcastle street standards for residential minor access streets;
G. There shall be a minimum of 10 feet of separation maintained between all mobile homes on the site, unless the flexible setback option set forth in NMC 18.14.170 is used. Accessory structures shall be located no closer than:
1. Ten feet to mobile homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet;
2. Five feet to accessory structures of mobile homes on adjacent spaces; and
3. Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials;
H. All mobile homes and RVs supported by piers shall be fully skirted; and
I. A mobile home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hook-ups and no RV within the storage area shall be used as living quarters. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.170 Mobile home parks – Alternative design standards.
As an alternative to the building separation and internal street standards of NMC 18.14.160:
A. Building separation requirements or setbacks between mobile homes and accessory structures on adjacent spaces may be modified, provided:
1. The common walls meet the fire protection standards set forth in the Uniform Building Code and the standards set forth in the Uniform Fire Code for duplexes, multifamily and condominium developments, as applicable; and
2. Rental agreement clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards.
B. Private streets may be used with a minimum driving surface of 22 feet in width, provided:
1. The streets comply in all other respects with the city of Newcastle adopted street standards;
2. All required parking is located off-street and as specified in NMC 18.14.160(E); and
3. Such streets shall not:
a. Directly connect two or more points of vehicular access to the park; or
b. Serve over 100 dwelling units within the park. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.180 On-site recreation – Space required.
A. Except when fees-in-lieu-of commonly owned recreation space are provided pursuant to NMC 18.14.210 through 18.14.240, residential developments in the R zones shall provide recreation space as follows:
1. Residential development developed at a density of eight units or less per acre – 390 square feet per unit;
2. Mobile home park – 260 square feet per unit; and
3. Residential development developed at a density of greater than eight units per acre, and mixed use:
a. Studio and one bedroom – 90 square feet per unit;
b. Two bedroom – 130 square feet per unit; and
c. Three or more bedroom – 170 square feet per unit.
B. Any recreation space located outdoors shall:
1. Be of a grade and surface suitable for recreation;
2. Be on the site of the proposed development;
3. Contain at least 5,000 square feet in area, provided that when more than one recreation space is proposed, only one of the proposed recreation spaces is required to meet the area requirement;
4. Have no dimensions less than 30 feet (except trail segments);
5. In single detached or townhome subdivision development, have a street roadway or parking area frontage along 10 to 50 percent of the recreation space perimeter (except trail segments);
6. Be centrally located and accessible and convenient to all residents within the development; and
7. Be connected by trail or walkway to any existing or planned community park, public open space or trail system, which may be located on adjoining property.
C. Indoor recreation areas may be credited towards the total recreation space requirement, when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multipurpose entertainment and educational areas. (Ord. 2001-248 § 25; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.190 On-site recreation – Play areas required.
A. All apartment, townhome, and mixed use development, excluding senior citizen apartments, shall provide tot/children play areas within the recreation space on-site, except when facilities are available within one-fourth mile that are developed as public parks or playgrounds and are accessible without the crossing of arterial streets.
B. If any play apparatus is provided in the play area, the apparatus shall meet consumer product safety standards for equipment, soft surfacing and spacing, and shall be located in an area that is:
1. At least 400 square feet in size with no dimension less than 20 feet;
2. Adjacent to main pedestrian paths or near building entrances; and
3. Visual access from adjacent residential structures is provided. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.200 On-site recreation – Maintenance of recreation space or dedication.
A. Unless the recreation space is dedicated to the city pursuant to subsection (B) of this section, maintenance of any recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city.
B. Recreation space may be dedicated as a public park when the following criteria are met:
1. The dedicated area is at least five acres in size, except when adjacent to an existing or planned public park;
2. The dedicated land provides one or more of the following:
a. Shoreline access,
b. Regional trail linkages,
c. Habitat linkages,
d. Recreation facilities, or
e. Heritage sites;
3. The entire dedicated area is located less than one mile from the project site. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.210 On-site recreation – Fee-in-lieu-of recreation space.
If on-site recreation space is not provided, the applicant shall pay a fee-in-lieu-of actual recreation space. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.220 On-site recreation – Acceptance criteria for fee-in-lieu-of recreation space.
City acceptance of this payment is discretionary, and may be permitted if:
A. The proposed on-site recreation space does not meet the criteria of NMC 18.14.180(B); or
B. The recreation space provided within a public park in the vicinity will be of greater benefit to the prospective residents of the development. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.230 On-site recreation – Determination of fee-in-lieu-of space.
A. Fees provided in lieu of on-site recreation space shall be determined annually by the city on the basis of the typical market value of the recreation space prior to development.
B. Any recreational space provided by the applicant shall be credited towards the required fees. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.240 On-site recreation – Collection and expenditure of fee-in-lieu-of space.
The fee-in-lieu-of recreation space shall be:
A. Paid to the city at the time of:
1. Subdivision or short subdivision recording of single detached and townhome developments, or
2. Prior to issuance of building permits for all other residential or mixed use development;
B. Used by the city for the acquisition and improvement of city parks or public recreational facilities to serve the development; and
C. Expended through city council’s capital budget and program appropriations. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.250 Storage space and collection points for recyclables.
Developments shall provide storage space for the collection of recyclables as follows:
A. The storage space shall be provided at the rate of:
1. One and one-half square feet per dwelling unit in multiple-dwelling developments except where the development is participating in a public agency-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;
2. Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;
3. Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and
4. Five square feet per every 1,000 square feet of building gross floor area in retail developments.
B. The storage space for residential developments shall be apportioned and located in collection points as follows:
1. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.
2. There shall be one collection point for every 30 dwelling units.
3. Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.
4. Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
5. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way.
C. The storage space for nonresidential development shall be apportioned and located in collection points as follows:
1. Storage space may be allocated to a centralized collection point.
2. Outdoor collection points shall not be located in any required setback areas.
3. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way.
4. Access to collection points may be limited, except during regular business hours and/or specified collection hours.
D. The collection points shall be designed as follows:
1. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.
2. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site.
3. Collection points shall be identified by signs not exceeding two square feet.
4. A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property.
5. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet.
6. Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.
E. Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site. (Ord. 2003-274 § 1; Ord. 2001-239 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.260 Fences.
Fences are permitted as follows:
A. Fences shall not exceed a height of six feet in all residential and NB zones, without a building permit.
B. Two feet of open lattice may be constructed on fences located in the residential zones, without a building permit. Total height shall not exceed eight feet.
C. Fences exceeding a height of six feet in CB, O and I zones shall comply with the applicable street and interior setbacks of the zone in which the property is located.
D. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground.
E. When a protective fence is located on top of a rockery within the required setback area, any portion of the fence above a height of six feet shall be an open-work fence.
F. Electric fences shall:
1. Be permitted in all zones; provided, that when placed within R-4 through R-48 zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property;
2. Comply with the following requirements:
a. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp,
b. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp,
c. All electric fences in the R-4 through R-48 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified, and
d. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency.
G. No barbed or razor-wire fence shall be located in any R-4 through R-48 zone or any commercial zone. (Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 17; Ord. 2000-210 § 40; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.270 Trail corridors – Applicability.
Trails shall be provided by any development, except for single detached residential permits, when such developments are located within any community or regional trail corridor identified by the comprehensive plan as a part of a local and/or regional trail system. The developer shall construct and dedicate the trail to the city upon final approval. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.280 Trail corridors – Design standards.
Trail design shall be reviewed by the department for consistency with adopted standards for:
A. Width of the trail corridor;
B. Location of the trail corridor on the site;
C. Surfacing improvements; and
D. Use(s) permitted within the corridor. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.14.290 Trail corridors – Maintenance of trail corridors/improvements.
Maintenance of any trail or improvements, not identified in the comprehensive plan as a part of a local and/or regional trail system, shall be retained in private ownership, and shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the department. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.15
COMMUNITY BUSINESS CENTER DESIGN GUIDELINES*Sections:
18.15.020 Design standards – New development.
18.15.030 Affordable housing plan.
18.15.040 Open space.
18.15.050 Special requirements at city center.
18.15.060 Restrictions on permitted uses.
*Code reviser’s note: Ord. 2000-217 adopts new community business center design guidelines. For more information contact the city clerk’s office.
Prior legislation: Ords. 45 and 18.
18.15.020 Design standards – New development.
All new development with in the CBC overlay zone shall be designed in accordance with the Community Business Center Design Guidelines as adopted by Ord. 2000-217. (Ord. 2001-239 § 18).
18.15.030 Affordable housing plan.
For all new development within the CBC overlay zone, developers shall prepare an affordable housing plan (AHP) for review and approval of the director. The AHP shall present the developer’s proposal for affordable housing, demonstrate that the developer has explored reasonable options for providing affordable housing, and demonstrate that the proposed development incorporates methods to achieve the affordable housing target to the maximum extent practicable. The developer shall commit to implementing the AHP as a part of signed comprehensive development agreement with the city. This agreement shall be reviewed by ARCH with recommendations made to the director prior to any city commitment to that agreement. (Ord. 2001-239 § 19).
18.15.040 Open space.
All new development on parcels over five acres within the CBC overlay zone shall be required to submit a provision for open space in conjunction with a comprehensive development agreement. (Ord. 2001-239 § 20).
18.15.050 Special requirements at city center.
To provide visual connection between activities inside and outside the building, new and expanded buildings fronting Newcastle Way between 129th Avenue SE and 132nd Place SE, or along Coal Creek Parkway 250 feet north or south of the Newcastle Way right-of-way must have the following:
A. Ground floors at least 12 feet in height measured from the floor to finished ceiling; and
B. Windows with clear-vision glass on at least 50 percent of the area between two and 12 feet above grade for all ground floor building facades that are visible from an abutting street. (Ord. 2007-364 § 2).
18.15.060 Restrictions on permitted uses.*
New and expanded drive-throughs are prohibited within the CBC overlay zone. (Ord. 2007-364 § 2).
*Code reviser’s note: Ord. 2007-364 added this section as NMC 18.15.050. It has been editorially renumbered to prevent duplication of numbering.
Chapter 18.16
DEVELOPMENT STANDARDS – LANDSCAPING AND TREE RETENTIONSections:
18.16.010 Purpose.
18.16.020 Application.
18.16.030 Land use grouping.
18.16.040 Landscaping – Types and description.
18.16.050 Landscaping – Street frontages.
18.16.060 Landscaping – Interior lot lines.
18.16.070 Landscaping – Surface parking areas.
18.16.080 Landscaping – Adjacent to freeway rights-of-way.
18.16.090 Landscaping – General requirements.
18.16.100 Landscaping – Alternative options.
18.16.110 Landscaping – Irrigation.
18.16.120 Landscaping – Installation.
18.16.130 Significant trees – Retention required.
18.16.140 Significant trees – Retention plan.
18.16.150 Significant trees – Incentives for retention.
18.16.160 Significant trees – Protection.
18.16.170 Significant trees – Replacement.
18.16.180 Maintenance.
18.16.190 Bonds/security.
18.16.010 Purpose.
The purpose of this chapter is to preserve the aesthetic character of communities; to improve the aesthetic quality of the built environment; to promote retention and protection of existing vegetation; to reduce the impacts of development on drainage systems and natural habitats; and to increase privacy for residential zones by:
A. Providing visual relief from large expanses of parking areas and reduction of perceived building scale;
B. Providing physical separation between residential and nonresidential areas;
C. Providing visual screens and barriers as a transition between differing land uses;
D. Retaining existing vegetation and significant trees by incorporating them into the site design; and
E. Providing increased areas of permeable surfaces to allow for:
1. Infiltration of surface water into groundwater resources;
2. Reduction in the quantity of stormwater discharge; and
3. Improvement in the quality of stormwater discharge. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.020 Application.
All new development listed in NMC 18.16.030 shall be subject to the landscaping and significant tree retention provisions of this chapter; provided, that specific landscaping and tree retention provisions for uses established through a conditional use permit or a special use permit may be determined during the applicable review process. Specific landscaping and tree retention provisions for wireless communications facilities (WCFs) may be determined by the director during review of the WCF. For the purpose of this chapter, a new development is one that requires a change of occupancy permit or a substantial improvement as defined in NMC 18.06.648. (Ord. 2001-248 § 27; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.030 Land use grouping.
A. Residential development shall refer to those uses listed in NMC 18.08.030, except those uses listed under accessory uses, provided:
1. Attached/group residences shall refer to:
a. Multifamily;
b. Senior citizen assisted;
c. Temporary lodging;
d. Group residences other than Type I community residential facilities;
e. Mobile home parks; and
2. Single detached development shall refer to:
a. Residential subdivisions, including attached and detached dwelling units on individually platted lots; and
b. Type I community residential facilities.
B. Commercial development shall refer to those uses in:
1. NMC 18.08.040 as amusement/entertainment uses, except golf facilities, churches, synagogues, and temples;
2. NMC 18.08.050 except recycling centers, health and educational services, and daycare I; and
3. NMC 18.08.070, except forest product sales and agricultural crop sales.
C. Industrial development shall refer to those listed in:
1. NMC 18.08.050 as recycling center;
2. NMC 18.08.060 except government services; and
3. NMC 18.08.080.
D. Institutional development shall refer to those uses listed in:
1. NMC 18.08.040 as cultural uses, including, but not limited to, churches, synagogues and temples, except arboretums;
2. NMC 18.08.050 as health services, and education services except specialized instruction schools permitted as an accessory use; and
3. NMC 18.08.060 as government services.
E. Utility development shall refer to those listed in NMC 18.08.060 as subregional utilities.
F. Uses contained in Chapter 18.08 NMC that are not listed in subsections (A) through (E) of this section shall not be subject to landscaping and tree retention except as specified in any applicable review of a conditional use or special use permit. (Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-248 § 28; Ord. 2001-239 § 21; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.040 Landscaping – Types and description.
The four types of landscaping are described and applied as follows:
A. Type I landscaping.
1. Type I landscaping is a “full screen” that functions as a visual barrier. This landscaping is typically found adjacent to freeways and between residential and nonresidential areas.
2. Type I landscaping shall consist of:
a. A mix of primarily evergreen trees and shrubs placed to form a continuous screen;
b. At least 70 percent evergreen trees;
c. Evergreen trees spaced no more than 15 feet on center;
d. Broadleaf trees spaced no more than 20 feet on center;
e. Evergreen shrubs spaced no more than four feet apart; and
f. Groundcover pursuant to NMC 18.16.090.
B. Type II landscaping.
1. Type II landscaping is a “filtered screen” that functions as a visual separator. This landscaping is typically found between commercial and industrial uses; between differing types of residential development; and to screen industrial uses from the street.
2. Type II landscaping shall consist of:
a. A mix of evergreen and broadleaf trees and shrubs spaced to create a filtered screen;
b. At least 50 percent broadleaf trees and at least 30 percent evergreen trees;
c. Evergreen trees spaced no more than 15 feet on center;
d. Broadleaf trees spaced no more than 20 feet on center;
e. Shrubs spaced no more than five feet apart; and
f. Groundcover pursuant to NMC 18.16.090.
C. Type III landscaping.
1. Type III landscaping is a “see-through buffer” that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along street frontage or between apartment developments.
2. Type III landscaping shall consist of:
a. A mix of evergreen and/or broadleaf trees spaced to create a continuous canopy;
b. At least 70 percent broadleaf trees;
c. Trees spaced no more than 25 feet on center;
d. Shrubs, that do not exceed a height of four feet, spaced no more than four feet apart; and
e. Groundcover pursuant to NMC 18.16.090.
D. Type IV landscaping.
1. Type IV landscaping is “parking area landscaping” that provides shade and visual relief while maintaining clear sight lines within parking areas.
2. Type IV landscaping shall consist of:
a. Canopy-type broadleaf or evergreen trees, evergreen shrubs and ground covers planted in islands or strips;
b. Shrubs that do not exceed a height of four feet;
c. Plantings contained in planting islands or strips having an area of at least 75 square feet and with a narrow dimension of no less than four feet;
d. Groundcover pursuant to NMC 18.16.090; and
e. At least 90 percent of the trees shall be broadleaf. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.050 Landscaping – Street frontages.
Perimeter landscaping along street frontages shall be provided as follows:
A. A 20-foot width of Type II landscaping shall be provided for an institutional use, excluding playgrounds and playfields. The director may determine that a development within the CBC is exempt if such a requirement would conflict with the CBC Design Guidelines and goals.
B. A 10-foot width of Type II landscaping shall be provided for an industrial development.
C. A 10-foot width of Type II landscaping shall be provided for an aboveground subregional utility development located outside a public right-of-way.
D. A 10-foot width of Type III landscaping shall be provided for a commercial or attached/group residence development. The director may determine that a development within the CBC is exempt if such a requirement would conflict with CBC Design Guidelines and goals.
E. For single-family residential subdivisions and all new development except individual single-family homes:
1. Trees shall be planted at the rate of one tree for every:
a. Fifty feet of frontage along a neighborhood collector street; and
b. Forty feet of frontage along an arterial street.
2. The trees shall be:
a. Located within the street right-of-way if permitted by the custodial state or local agency and in compliance with NMC Title 12;
b. No more than 20 feet from the street right-of-way line when located within a lot;
c. Maintained by the adjacent landowner unless part of a city maintenance program; and
d. A species approved by the city.
3. The trees may be spaced at irregular intervals in order to accommodate sight distance requirements for driveways and intersections. (Ord. 2007-364 § 2; Ord. 2001-248 § 29; Ord. 2000-210 § 41; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.060 Landscaping – Interior lot lines.
Perimeter landscaping along interior lot lines shall be provided as follows:
A. A 20-foot width of Type I landscaping shall be included in a commercial or industrial development along any portion adjacent to a residential development. The director may waive interior lot line landscaping requirements for portions of developments within the CBC that are not adjacent to single-family residential uses;
B. A 20-foot width of Type II landscaping shall be included in an attached/group residence development along any portions of the development adjacent to a single-family detached residential development. Along portions of the development adjacent to another attached/group residence development or any nonresidential use the requirement shall be a 10-foot width of Type II landscaping;
C. A 10-foot width of Type II landscaping shall be included in an industrial development along any portion adjacent to a commercial or institutional development; and
D. A 10-foot width of Type II landscaping shall be included in an institutional use, excluding of playgrounds and playfields, or an above-ground subregional utility development, excluding distribution or transmission corridors, when located outside a public right-of-way. (Ord. 2007-364 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.070 Landscaping – Surface parking areas.
Type IV landscaping shall be provided within surface parking areas with 10 or more parking stalls as follows:
A. Residential developments with common parking areas shall provide planting areas at the rate of 20 square feet per parking stall;
B. Commercial, industrial, or institutional developments, shall provide landscaping at a rate of:
1. Twenty square feet per parking stall when 10 to 30 parking stalls are provided; and
2. Twenty-five square feet per parking stall when 31 or more parking stalls are provided;
C. Trees shall be provided and distributed throughout the parking area at a rate of:
1. One tree for every five parking stalls for a commercial or industrial development; and
2. One tree for every 10 parking stalls for residential or institutional development;
D. The maximum distance between any parking stall and required parking area landscaping shall be no more than 65 feet; and
E. Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.080 Landscaping – Adjacent to freeway rights-of-way.
A. All residential developments shall provide a minimum of 20 feet of Type I landscaping adjacent to freeway rights-of-way.
B. All other developments shall provide a minimum of 20 feet of Type III landscaping adjacent to freeway rights-of-way. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.090 Landscaping – General requirements.
Landscape designs shall conform to the following provisions:
A. New landscaping materials shall include species native to the coastal region of the Pacific Northwest or noninvasive naturalized species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest in the following amounts:
1. Seventy-five percent of groundcover and shrubs; and
2. Fifty percent of trees;
B. At least 60 percent of new landscaping materials shall consist of drought-tolerant species, except where site conditions within the required landscape areas assure adequate moisture for growth;
C. Existing vegetation may be used to augment new plantings to meet the standards of this chapter;
D. Broadleaf trees shall have a caliper of at least 2.5 inches at the time of planting;
E. Evergreen trees shall be at least six feet in height measured from treetop to the ground at the time of planting;
F. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows;
G. Shrubs shall be:
1. Two-gallon size at time of planting in Type II, III and IV landscaping;
2. At least 24 inches in height at the time of planting for Type I landscaping; and
3. Maintained at a height not exceeding four feet when located in Type III or IV landscaping;
H. Ground covers shall be planted and spaced to result in total coverage of the required landscape area within three years as follows:
1. Four-inch pots at 18-inches on center; or
2. One-gallon or greater sized containers at 24-inches on center;
I. Grass may be used as groundcover in landscape areas; provided, that the grass area:
1. Constitutes no more than 30 percent of Type I and II landscape areas; and
2. Is at least five feet wide at the smallest dimension;
J. Grass and groundcover areas shall contain at least two inches of composted organic material at finish grade;
K. All fences shall be placed on the inward side of any required perimeter landscaping;
L. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1);
M. Existing soils shall be augmented with a two-inch layer of fully composted organic material rototilled a minimum of six inches deep;
N. Landscape areas shall be covered with at least two inches of mulch to minimize evaporation. Mulch shall consist of materials such as yard waste, sawdust and/or manure that is fully composted;
O. Drought-tolerant and non-drought-tolerant species shall be grouped separately and be served by separate irrigation systems; and
P. Required street landscaping may be placed within city of Newcastle street rights-of-way subject to the city’s street design standards with the permission of the city of Newcastle, provided adequate space is maintained along the street line on-site to replace the required landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.100 Landscaping – Alternative options.
The following alternative landscape options may be allowed only if they accomplish equal or better levels of screening and are subject to city approval:
A. When the total area for required landscaping and that within the drip line of retained trees exceeds 15 percent of the area of the site, the landscaping requirement may be reduced so that the total required landscape and tree retention area will not exceed the 15 percent of site area;
B. The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
1. Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; and
2. The landscape materials are incorporated elsewhere on-site;
C. The width of the perimeter landscaping may be reduced up to 10 percent when a development retains an additional 10 percent of significant trees or 10 significant trees per acre on-site (above the requirements of NMC 18.16.130(C) and (D)), whichever is greater;
D. The landscaping requirement may be modified when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities would render application of this chapter ineffective or result in scenic view obstruction;
E. Street perimeter landscaping may be waived provided a site plan is approved that provides a significant amount of street trees and other pedestrian-related amenities;
F. When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site; and
G. The width of the perimeter landscaping may be averaged, provided the minimum width is not less than five feet. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.110 Landscaping – Irrigation.
A. Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions, landscape areas shall have temporary irrigation systems. Such systems shall be removed after 24 months or two growing seasons, whichever occurs first, provided that the plantings are established.
B. Areas of undisturbed existing vegetation or areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings and shall be determined on a case-by-case basis by the city.
C. Areas of undisturbed existing vegetation, low areas with existing high soil moisture conditions, or landscape areas consisting of drought-tolerant vegetation shall not have permanent irrigation systems. Permanent irrigation systems may be permitted within all other required landscape areas, provided such systems shall be designed by a licensed landscape architect or other qualified professional and with:
1. Moisture or precipitation sensors;
2. Automatic timers set for operation during periods of minimum evaporation and that assure adequate moisture levels;
3. Head-to-head spacing, if sprinkler heads are proposed;
4. Pressure regulating devices;
5. Backflow prevention devices; and
6. Separate irrigation zones for:
a. Turf and planting beds; and
b. Other non-drought-tolerant species. (Ord. 2001-248 § 30; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.120 Landscaping – Installation.
A. Landscaping shall be installed prior to a certificate of occupancy for the project or project phase.
B. The time limit for compliance may be extended by the director to allow installation of landscaping during the next appropriate planting season. Appropriate security shall be required to insure compliance. (Ord. 2001-248 § 31; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.130 Significant trees – Retention required.
Except as provided in NMC 18.16.170, significant trees shall be retained in all residential, commercial, industrial or institutional developments as follows:
A. All significant trees located within any required perimeter landscaping area shall be retained;
B. Twenty-five percent of the significant trees located in the interior of the lot, excluding sensitive areas or their buffers, shall be retained in a residential or institutional development;
C. Five percent of the significant trees located in the interior of the lot, excluding sensitive areas or their buffers shall be retained in commercial or industrial developments;
D. Utility developments and mineral extraction operations shall be exempt from the significant tree retention requirements of this chapter;
E. If significant trees were previously located in a closed, forested situation, an adequate buffer of smaller trees shall be retained or replaced on the fringe of such significant trees;
F. A grouping of three or more existing trees with canopies that touch or overlap, may be substituted for each required significant tree, provided each tree has a diameter of at least three inches when measured four feet above grade;
G. Except as provided in subsection (H), significant trees to be retained shall not include significant trees that are:
1. Damaged or diseased;
2. Safety hazards due to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a closed, forested situation; and
H. At the discretion of the city, damaged or diseased or standing dead trees may be retained and counted toward the significant tree requirement if demonstrated that such trees will provide important wildlife habitat and are not classified as danger trees. (Ord. 2001-248 § 32; Ord. 2000-210 § 42; Ord. 98-176 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.140 Significant trees – Retention plan.
The applicant shall submit a tree retention plan concurrent with a grading permit, building permit, preliminary subdivision or short subdivision application, or other applicable development permit application, whichever is reviewed and approved first. The tree retention plan shall consist of:
A. A tree survey that identifies the location, size and species of all significant trees on a site excluding trees located in sensitive areas or their buffers. The tree survey may be conducted by a method that locates individual significant trees or by using standard timber cruising methods to reflect general locations, numbers and grouping of significant trees; provided, that when using either method, the survey:
1. Shall also show the location and species of each significant tree that is intended to qualify for additional credit pursuant to NMC 18.16.150; and
2. Any tree 18 inches or greater diameter for the purpose of establishing wildlife habitat value;
B. A development plan identifying the significant trees that are proposed to be retained, transplanted or restored. (Ord. 2001-248 § 33; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.150 Significant trees – Incentives for retention.
Each significant tree that is located outside of the area for perimeter landscaping and is retained may be credited as two trees for complying with the retention requirements of NMC 18.16.130, provided it meets one or more of the following criteria:
A. The tree exceeds 60 feet in height, or 24 inches in diameter for evergreen trees or 30 inches for broadleaf trees;
B. The tree is located in a grouping of at least five trees with canopies that touch or overlap;
C. The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to buildings;
D. The tree belongs to a unique or unusual species;
E. The tree is located within 25 feet of any sensitive area or required sensitive area buffers; and
F. The tree is 18 inches or greater in diameter and is identified as providing valuable wildlife habitat. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.160 Significant trees – Protection.
To provide the best protection for significant trees:
A. No clearing shall be allowed on a site until approval of tree retention and landscape plans;
B. An area of prohibited disturbance, generally corresponding to two feet outside the drip line of the significant tree, shall be identified during the construction stage with a temporary six-foot-high chainlink fence;
C. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the area defined by such fencing or stakes;
D. A rock well shall be constructed if the grade level around the tree is to be raised by more than one foot. The inside diameter of the well shall be equal to the diameter of the dripline of the tree;
E. The grade level shall not be lowered within the larger of the two areas defined as follows:
1. The drip line of the tree(s); or
2. An area around the tree equal to one foot diameter for each inch of tree trunk diameter measured four feet above the ground; and
F. Alternative protection methods may be used if determined by the director to provide equal or greater tree protection. (Ord. 2005-311 § 1; Ord. 2001-248 § 34; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.170 Significant trees – Replacement.
A. When the required number of significant trees cannot be retained, significant trees that are removed shall be replaced with:
1. Transplanted significant trees; or
2. New trees measuring three-inch caliper or more, at a replacement rate of two inches diameter for every one-inch diameter of the removed significant tree.
B. When a tree that is part of an approved tree retention plan cannot be retained, mitigation may be required per subsection (A) of this section. (Ord. 2001-248 § 35; Ord. 2000-210 § 43; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.180 Maintenance.
A. All landscaping and significant trees shall be maintained for the life of the project;
B. All landscape materials and significant trees shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure;
C. With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season; and
D. Landscape areas shall be kept free of trash. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.16.190 Bonds/security.
Performance bonds or other appropriate security (including letters of credit and set aside letters) shall be required for a period of two years after the planting or transplanting of vegetation to insure proper installation, establishment and maintenance. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
Chapter 18.18
DEVELOPMENT STANDARDS – PARKING AND CIRCULATIONSections:
18.18.010 Purpose.
18.18.020 Authority and application.
18.18.030 Computation of required off-street parking spaces.
18.18.040 Maximum off-street parking spaces.
18.18.050 Shared parking requirements.
18.18.060 Exceptions for community residential facilities (CRFs).
18.18.070 Handicapped parking requirements.
18.18.080 Loading space requirements.
18.18.090 Stacking spaces for drive-through facilities.
18.18.100 Transit and rideshare provisions.
18.18.105 Repealed.
18.18.110 Pedestrian circulation and access.
18.18.120 Off-street parking plan design standards.
18.18.130 Off-street parking construction standards.
18.18.140 Internal circulation road standards.
18.18.010 Purpose.
The purpose of this chapter is to provide adequate parking for all uses allowed in this title; to reduce demand for parking by encouraging alternative means of transportation including public transit, rideshare and bicycles; and to increase pedestrian mobility in urban areas by:
A. Setting minimum off-street parking standards for different land uses that assure safe, convenient and adequately sized parking facilities within activity centers;
B. Providing incentives to rideshare through preferred parking arrangements;
C. Providing for parking and storage of bicycles;
D. Providing safe direct pedestrian access from public rights-of-way to structures and between developments; and
E. Requiring uses which attract large numbers of employees or customers to provide transit stops. (Ord. 2007-364 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.18.020 Authority and application.
A. Before an occupancy permit may be granted for any new or enlarged building or for a change of use in any existing building, the use shall be required to meet the provisions of this chapter.
B. If this chapter does not specify a parking requirement for a land use, the director shall establish the minimum requirement based on a study of anticipated parking demand. In the study the applicant shall provide sufficient information to demonstrate that the parking demand for a specific land use will be satisfied. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analyses, unless an equally qualified individual is authorized by the director.
C. If the required amount of off-street parking has been proposed to be provided off-site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with the provisions of this chapter. The contracts shall be reviewed by the director for compliance with this chapter and, if approved, the contracts shall be recorded with the county records and elections division as a deed restriction on the title to all applicable properties. These deed restrictions may not be revoked or modified without authorization by the director. (Ord. 2007-364 § 2; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.18.030 Computation of required off-street parking spaces.
A. Except as modified by subsections (B) through (D) of this section, off-street parking areas shall contain at a minimum the number of parking spaces as stipulated in subsection (F) of this section. The director shall have authority to require additional off-street parking spaces if warranted by a traffic study or by recommended guidelines of the Institute of Transportation Engineers. Off-street parking ratios expressed as number of spaces per square feet means the usable or net square footage of floor area, exclusive of nonpublic areas. Nonpublic areas include but are not limited to building maintenance areas, storage areas, closets, or restrooms. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of .50 or greater rounding up and fractions below .50 rounding down.
B. Where other provisions of this code stipulate maximum parking allowed or reduced minimum parking requirements, those provisions shall apply.
C. An applicant may request a modification of the minimum required number of parking spaces by providing a study that substantiates parking demand can be met with a reduced parking requirement. In such cases, the director may approve a reduction of up to 50 percent of the minimum required number of spaces. Said study shall be prepared by a qualified professional approved by the director.
D. When the city has received a shell building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell permit. When the range of possible uses results in different parking requirements, the director will establish the amount of parking based on a likely range of uses.
E. In any development required to provide six or more parking spaces, bicycle parking shall be provided. Bicycle parking shall be bike rack or locker-type parking facilities unless otherwise specified.
1. Off-street parking areas shall contain at least one bicycle parking space for every 12 spaces required for motor vehicles except as follows:
a. The director may reduce bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location;
b. The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses:
i. Park/playfield;
ii. Marina;
iii. Library/museum/arboretum;
iv. Elementary/secondary school;
v. Sports club; or
vi. Retail business (when located along a developed bicycle trail or designated bicycle route).
2. Bicycle facilities for patrons shall be located within 50 feet of the building entrance and shall be designed to allow either a bicycle frame or wheels to be locked to a structure attached to the pavement.
3. All bicycle parking and storage shall be located in safe, visible areas that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use.
4. When more than 10 people are employed on site, enclosed locker-type parking facilities for employees shall be provided. The director shall allocate the required number of parking spaces between bike rack parking and enclosed locker-type parking facilities.
5. One indoor bicycle storage space shall be provided for every two dwelling units in townhome and apartment residential uses, unless individual garages are provided for every unit. The director may reduce the number of bike rack parking spaces if indoor storage facilities are available to all residents.
F. Minimum Off-Street Parking Space Requirements.
LAND USE
MINIMUM PARKING SPACES REQUIRED
1. RESIDENTIAL (NMC 18.08.030A):
Single detached
2.0 per dwelling unit
Townhome
2.0 per dwelling unit (tandem spaces allowed)
Apartment:
Studio units
1.0 per dwelling unit*
One-bedroom units
1.0 per dwelling unit*
Two-bedroom units
1.5 per dwelling unit* (tandem spaces allowed)
Three-bedroom units or larger
2.0 per dwelling unit* (tandem spaces allowed)
Mobile home park
2.0 per dwelling unit
Senior citizen assisted
1 per 3 dwelling units
Community residential facilities
1 per 2 bedrooms
Dormitory, including religious
1 per 2 bedrooms
Hotel/motel, including organizational hotel/ lodging
1 per bedroom
Bed and breakfast guesthouse
1 per guest room, plus 2 per facility
*Plus one extra space for every 10 dwelling units rounded upward to the nearest multiple of 10. The applicant may demonstrate through a traffic study that on-street parking is adequate to wholly or partially fulfill this guest parking requirement.
2. RECREATIONAL/CULTURAL (NMC 18.08.040A):
Recreation/culture uses:
3 per 1,000 square feet
Exceptions:
Bowling center
5 per lane
Golf course
3 per hole, plus 3 per 1,000 square feet of club house facilities
Golf driving range
1 per tee
Park/playfield
(Director)
Theater
1 per 3 fixed seats
Conference center
1 per 3 fixed seats, plus 1 per 50 square feet used for assembly purposes without fixed seats, or 1 per bedroom, whichever results in the greater number of spaces
Churches, synagogues, temples, and other group assembly
1 per 5 fixed seats, plus 1 per 50 square feet of gross floor area without fixed seats used for assembly purposes
3. GENERAL SERVICES (NMC 18.08.050A):
General services uses:
3 per 1,000 square feet
Exceptions:
Funeral home/crematory
1 per 50 square feet of chapel area
Daycare I
2 per facility
Daycare II
2 per facility, plus 1 space for each 20 children
Outpatient and veterinary clinic offices
3 per 1,000 square feet of office, labs and examination rooms
Nursing and personal care facility
1 per 4 beds
Hospital
1 per bed
Elementary schools
1 per classroom, plus 1 per 50 students
Secondary schools
1 per classroom, plus 1 per 50 students
Middle/junior high schools
1 per classroom, plus 1 per 10 students
High schools
Greater of 1 per classroom plus 1 per 10 students, or
High schools with stadiums
1 per 3 fixed seats in stadium
Vocational schools
1 per classroom, plus 1 per 5 students
Specialized instruction schools
1 per classroom, plus 1 per 2 students
4. GOVERNMENT/BUSINESS SERVICES (NMC 18.08.060A):
Government/business services uses:
3 per 1,000 square feet
Exceptions:
Courts
3 per courtroom, plus 1 per 50 square feet of fixed seat or assembly area
Police facility
(Director)
Fire facility
(Director)
Self-service storage
1 per 3,500 square feet of storage area, plus 2 for any resident manager unit
Office
2 per 1,000 square feet
5. RETAIL/WHOLESALE (NMC 18.08.070A):
Retail trade uses:
3 per 1,000 square feet
Exceptions:
Nonfood retail in mixed-use development, less than 5,000 square feet and less than 40% of the gross floor area of the development
2 per 1,000 square feet
Food stores, in mixed-use development, less than 15,000 square feet and less than 40% of the gross floor area of the development
3 plus 2 per 1,000 square feet
Gasoline service stations without grocery
3 per facility, plus 1 per service bay
Gasoline service stations with grocery, no service bays
1 per facility, plus 1 per 300 square feet of store
Restaurants, delis, bakeries and prepared foods
1 per 100 square feet in dining, lounge and customer ordering area
Wholesale trade uses
.9 per 1,000 square feet
Retail and wholesale trade mixed use
3 per 1,000 square feet
6. MANUFACTURING (NMC 18.08.080A):
Manufacturing uses
.9 per 1,000 square feet
Winery/brewery
.9 per 1,000 square feet, plus 1 per 100 square feet of testing or tasting area
7. RESOURCES:
Resources uses
(Director)
8. REGIONAL (NMC 18.08.100A):
Regional uses
(Director)
(Ord. 2007-364 § 2; Ord. 2001-248 § 36; Ord. 2000-210 § 44; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).
18.18.040 Maximum off-street parking spaces.
A. Except as modified by subsections (C) through (E) of this section, off-street parking areas shall contain no more than the maximum number of parking spaces as stipulated in subsection (B) of this section.
B. Parking for a specific use shall be limited to no more than two times (or 200 percent) of the minimum parking required by NMC 18.18.030 through 18.18.080, unless otherwise specified.
C. Restaurants and other prepared food uses may have up to three times (or 300 percent) of the minimum parking required by NMC 18.08.070.
D. The director shall have the authority to allow additional off-street parking spaces above the maximum amounts stated above if warranted by a traffic study or by recommended guidelines of the Institute of Transportation Engineers. In making such decision, the director shall also consider whether the proposal is consistent with the Community Business Center/Lake Boren Corridor Master Plan. The director shall also have the authority to restrict parking for a specific use to an amount that is less than the maximum amount allowed in this section if the proposal would substantially conflict with the stated purposes, objectives, goals or policies contained in the Community Business Center/Lake Boren Corridor Master Plan.
E. Parking spaces provided above/below grade shall be exempt from all maximum parking requirements. (Ord. 2007-364 § 2).
18.18.050 Shared parking requirements.
The amount of off-street parking required by NMC 18.18.030 may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided:
A. The total parking area exceeds 5,000 square feet;
B. The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and no building or use involved is more than 800 feet from the most remote shared facility;
C. The amount of the reduction shall not exceed 20 percent for each use, unless:
1. The normal hours of operation for each use are separated by at least one hour; or
2. A parking demand study is prepared by a professional traffic engineer and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and that uses will be served by adequate parking if shared parking reductions are authorized;
3. The director will determine the amount of reduction but subject to subsection (D) of this section;
D. The total number of parking spaces in the common parking facility is not less than the minimum required spaces for any single use;
E. A covenant or other contract for shared parking between the cooperating property owners is approved by the director. This covenant or contract must be recorded with the county records and elections division as a deed restriction on both properties and cannot be modified or revoked without the consent of the director; and
F. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter, unless a satisfactory alternative remedy is approved by the director. (Ord. 2007-364 § 2; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.18.040).
18.18.060 Exceptions for community residential facilities (CRFs).
A. The requirement of one off-street parking space per two bedrooms may be reduced to no less than one space for every four bedrooms, as determined by the director based on the following considerations:
1. Availability of private, convenient transportation services to meet the needs of the CRF residents;
2. Accessibility to and frequency of public transportation;
3. Pedestrian access to health, medical, and shopping facilities.
B. If a CRF facility is no longer used for such purposes, additional off-street parking spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of occupancy. (Ord. 2007-364 § 2; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.18.050).
18.18.070 Handicapped parking requirements.
Off-street parking and access for physically handicapped persons shall be provided in accordance with section 7503 of the regulations adopted pursuant to RCW 19.27, State Building Code, and RCW 70.92, Public Buildings – Provisions for Aged and Handicapped. (Ord. 2007-364 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.18.060).
18.18.080 Loading space requirements.
A. Every nonresidential building engaged in retail, wholesale, manufacturing or storage activities, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below.
GROSS FLOOR AREA
REQUIRED NUMBER OF LOADING SPACES
10,000 to 16,000 square feet
1
16,001 to 40,000 square feet
2
40,001 to 64,000 square feet
3
64,001 to 96,000 square feet
4
96,001 to 128,000 square feet
5
128,001 to 160,000 square feet
6
160,001 to 196,000 square feet
7
For each additional 140,000 square feet
1 additional
B. Every building engaged in hotel, office building, restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium, or other similar use shall provide loading spaces in accordance with the standards listed below.
