Chapter 18.14 DEVELOPMENT STANDARDS

B. Alternatives to hammerhead turnarounds or cul-de-sacs are encouraged, to minimize impervious surfaces, where emergency vehicle access can be maintained;

C. Clustering is encouraged where it can reduce block lengths and minimize impervious surfaces; and

D. 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. 2021-624 § 5; Ord. 2016-551 § 2 (Exh. 1); 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Repealed by Ord. 2000-222.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Repealed by Ord. 2000-222.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Repealed by Ord. 2000-210.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-6 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. 2021-624 § 5; 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 this section through NMC 18.14.100. (Ord. 2021-624 § 5; 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. 2021-624 § 5; 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. 2021-624 § 5; 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 offset in ridge line,

2. Horizontal offset 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. 2021-624 § 5; Ord. 97-153 § 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.110 Community business center (CBC) overlay 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. 2021-624 § 5; 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 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 International Building Code. (Ord. 2021-624 § 5; 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-24 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 International Building Code;

D. A mobile home park established prior to November 1, 2016, shall be exempt from the building coverage and hard surface coverage limits set forth in Chapter 18.12 NMC but mobile home parks created after that date shall comply with the limits;

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. 2021-624 § 5; Ord. 2016-551 § 2 (Exh. 1); 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 International Building Code and the standards set forth in the International 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. 2021-624 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.180 On-site recreation – Space required.

A. Residential developments in the R zones shall provide recreation space as follows:

1. Mobile home park – 150 square feet per unit; and

2. Residential development developed at a density of greater than eight units per acre, and mixed use:

a. Studio and one bedroom – 50 square feet per unit;

b. Two bedroom – 65 square feet per unit; and

c. Three or more bedroom – 80 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 contiguous area; provided, that when more than one recreation space is proposed, only one of the proposed recreation spaces is required to meet the contiguous area requirement;

4. Have no dimensions less than 30 feet (except trail segments);

5. In 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. 2021-624 § 5; Ord. 2014-497 § 4 (Exh. A); 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. 2021-624 § 5; Ord. 2014-497 § 4 (Exh. A); 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 considered for dedication 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;

4. The recreation space is included in the capital facilities plan or the director makes the finding that the recreation space would serve the goals and objectives of the capital facilities plan. (Ord. 2021-624 § 5; Ord. 2014-497 § 4 (Exh. A); Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.210 On-site recreation – Fee-in-lieu-of recreation space.

Repealed by Ord. 2014-497. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.220 On-site recreation – Acceptance criteria for fee-in-lieu-of recreation space.

Repealed by Ord. 2014-497. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.230 On-site recreation – Determination of fee-in-lieu-of space.

Repealed by Ord. 2014-497. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.240 On-site recreation – Collection and expenditure of fee-in-lieu-of space.

Repealed by Ord. 2014-497. (Ord. 2010-430 § 6; Ord. 2010-421 § 7; 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. 2021-624 § 5; 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. Maximum Fence Height in Residential Zones.

	R-1, R-4, R-6(2), (3)	All other zones
Front Yard(1)	4 ft	6 ft
Side Yard	6 ft	6 ft
Rear Yard	6 ft	6 ft

R-1, R-4,

R-6(2), (3)

All other zones

Front Yard(1)

4 ft

6 ft

Side Yard

6 ft

Rear Yard

6 ft

1. The definition of “front yard” applies, not “front setback.” See Chapter 18.06 NMC for definitions.

2. Properties with two front setbacks due to location along two public rights-of-way may have a six-foot fence along one of the frontages.

3. Properties fronting streets classified as principal arterial, minor arterial, or collector arterial in the adopted comprehensive plan may have fences up to six feet tall in the front yard.

B. Fences exceeding a height of six feet in DT and DC zones shall comply with the applicable street and interior setbacks of the zone in which the property is located.

C. Fences taller than six feet require a building permit.

D. Fence, wall, and rockery heights shall be measured from the natural grade along the subject property’s exterior (outward facing) side of the fence to the top of the fence. If a fence is built on top of a wall, rockery, or berm, the combined height of the berm, rockery, or wall and fence is considered the total fence height.

Figure 1: Fence, Wall and Rockery Height Measurement

If the desired fence height would exceed the maximum allowance for the combined height of a wall and fence, the property owner may add one foot of fence height for each one and one-half feet from the property line to a maximum six-foot height. The property owner is responsible for maintaining the land between the fence and the property line.

Figure 2: Fence Measurement With Increased Setback From Property Line

E. Exception. Notwithstanding the provisions of subsection (D) of this section, a fence or guard is allowed atop any wall; provided, that such fence or guard shall be constructed with an open design creating at least 75 percent open area, excluding supporting rails and posts, no taller than 48 inches above the highest ground level, and with opening limitations and structural strength in compliance with the current building code in effect.

F. Electric fences shall:

1. Be permitted in all zones except the DT and DC zones; provided, that when placed within R-4 through R-24 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-24 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 ANSI-approved testing agency.

G. Materials. Traditional chainlink fences must be vinyl-coated except on properties one acre or larger in size. No barbed or razor-wire fence shall be located in any R-4 through R-24 zone, the DT or DC zone, or any commercial zone. (Ord. 2021-624 § 5; Ord. 2020-613 § 7; Ord. 2017-564 § 17; 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. 2021-624 § 5; 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. Permeable pavement options are encouraged, when determined feasible by the city, where all-weather surfacing is required. In addition to the requirements found in Section 4 of the Newcastle public works standards, recommendations for design and installation of permeable paving are provided in the LID Technical Guidance Manual for Puget Sound (current edition);

D. Use(s) permitted within the corridor. (Ord. 2021-624 § 5; Ord. 2009-417 § 2 (Att. 1)); 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. 2021-624 § 5; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.14.300 Community business center design guidelines – New development.

All new development within the CBC overlay zone shall be designed in accordance with Chapter 18.22 NMC, CBC Design Guidelines. In this context, new development shall include any new buildings or structures, any expansions to the footprint or envelope of existing buildings or structures, and any expansions or alterations to site improvements including, but not limited to, parking lots, pavements, fences, landscaping and fixtures. (Ord. 2021-624 § 5; Ord. 2017-564 § 18).