Chapter 18.30
DEVELOPMENT STANDARDS – ANIMALS, HOME OCCUPATIONS, HOME INDUSTRY, SECURE COMMUNITY TRANSITION FACILITIES AND SHORT-TERM RENTALS

Sections:

18.30.010    Purpose.

18.30.020    Repealed.

18.30.030    Repealed.

18.30.032    Repealed.

18.30.033    Repealed.

18.30.035    Repealed.

18.30.037    Repealed.

18.30.040    Home occupation.

18.30.050    Type I and Type II home occupations defined.

18.30.060    Home industry – Defined.

18.30.070    Applicability and exemptions.

18.30.080    Nonconforming uses.

18.30.090    Permit procedures and submission requirements.

18.30.100    Conditions applicable to Type II home occupation approvals.

18.30.110    Revocation and expiration of home occupation or home industry permits.

18.30.120    Action regarding complaints and violations of standards.

18.30.130    Secure community transition facilities (SCTFs).

18.30.140    Short-term rentals.

18.30.010 Purpose.

The purpose of this chapter is to:

A. Enhance and preserve the compatibility between neighboring properties by regulating the scope and intensity of accessory uses or activities;

B. Permit residents an opportunity to use their homes to engage in small scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and

C. Establish approval criteria and standards to ensure that home occupations and/or home industries are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. (Ord. 2020-612 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.020 Animal regulations – Small animals.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.030 Animal regulations – Livestock –Purpose.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.032 Animal regulations – Livestock –Densities.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.033 Farm management plan.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.035 Animal regulations – Livestock –Management standards.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.037 Existing livestock operations.

Repealed by Ord. 2001-248. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.040 Home occupation.

Residents of a dwelling unit may conduct one or more home occupations as accessory activities, provided:

A. The total area devoted to all home occupation(s) shall not exceed 20 percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation, as well as for the home occupation itself. See subsection (J) of this section regarding storage of toxic or flammable materials.

B. All the activities of the home occupation(s) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s).

C. The following activities shall be prohibited as home occupations:

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

2. Outdoor autobody work, except within fully enclosed areas;

3. Autobody painting;

4. Parking and storage of heavy equipment;

5. Storage of building materials for use on other properties;

6. Limousine and taxi services and operations;

7. Gun sales.

D. There shall be no more than three deliveries per week to the residence by suppliers, except that delivery of mail and small packages by the United States Postal Service or by alternative private delivery services shall not be included as supplier deliveries.

E. Sales shall be limited to mail order and telephone sales with off-site delivery.

F. Services to patrons shall be arranged by appointment or provided off-site.

G. The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

1. No more than one such vehicle shall be allowed;

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

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

H. The home occupation(s) shall not use electrical or mechanical equipment that results in:

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

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

3. Fluctuations in line voltage off premises.

I. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation.

J. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the fire marshal for review the material safety data sheets which pertain to all potentially toxic and/or flammable materials associated with the use.

K. No home occupation shall require any on- or off-street parking other than that normally required for a residence. (Ord. 2020-612 § 7; Ord. 2005-311 § 1; Ord. 2000-210 § 58; Ord. 97-134, Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.050 Type I and Type II home occupations defined.

Home occupations shall be defined as either a Type I or Type II home occupation. A separate home occupation permit and fee is required for each property on which a Type II home occupation is undertaken. Home occupations shall observe the following additional standards:

A. Type I Home Occupations. A Type I home occupation shall exhibit no evidence that a business is being conducted from the premises. A Type I home occupation shall not permit:

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

2. Repealed by Ord. 2019-598;

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

4. Exterior storage of materials, goods, or equipment.

B. Type II Home Occupations. Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore, the following is allowed for Type II home occupations:

1. Repealed by Ord. 2019-598;

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

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

4. Exterior storage of materials, goods and equipment when screened entirely from view by a solid fence, or, alternatively, by solid vegetative plantings as approved by the director. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side setback. (Ord. 2020-613 § 9; Ord. 2020-612 § 7; Ord. 2019-598 § 17; Ord. 2000-210 § 59; Ord. 97-153 § 7; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.060 Home industry – Defined.

A resident may establish a home industry as an accessory activity, provided:

A. The site area shall be no less than one acre.

B. The area of the home industry shall not exceed 50 percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home industry, as well as by the home industry itself.

C. No more than two nonresidents shall be employed in a home industry.

D. Repealed by Ord. 2019-598.

E. In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

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

2. One stall for customer parking.

F. Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per:

1. One thousand square feet of building floor area; and

2. Two thousand square feet of outdoor work or storage area.

G. Sales shall be limited to items produced on site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques.

H. Ten feet of Type I landscaping shall be provided around portions of parking and outside storage areas which are otherwise visible from adjacent properties or public rights-of-way.

I. The administrator of planning and land use shall ensure compatibility of the home industry by:

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

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

3. Specifying hours of operation;

4. Determining acceptable levels of outdoor lighting; and

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

J. The following activities shall be prohibited as a home industry:

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

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

3. Autobody painting.

K. No vehicle, equipment or material shall be parked or stored within any required setback areas of the lot or on adjacent streets.

L. A home industry permit is approved by the city for each home industry. (Ord. 2020-612 § 7; Ord. 2019-598 § 18; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.070 Applicability and exemptions.

A. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter.

B. Exemptions from the provisions of this chapter are:

1. Garage sales;

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

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

C. A separate permit is required for each Type II home occupation or home industry conducted on a property. (Ord. 2020-612 § 7; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.080 Nonconforming uses.

A. Ongoing home occupations may be granted nonconforming status provided they were permitted under county authority prior to incorporation of the city and have been in continuous operation since initial approval.

B. A nonconforming situation is further governed by Chapter 18.32 NMC. Such use may continue but not be expanded or altered so as to increase the level of noncompliance with the present city requirements.

C. The burden of proving a home occupation’s nonconforming status rests with the property owner or tenant. Home occupations without city or county approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. (Ord. 2020-612 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.090 Permit procedures and submission requirements.

A. A person wishing to engage in a Type II home occupation or home industry must be a principal occupant of the property, pay a one-time review fee in the amount established by resolution to the city, agree to abide by the provisions of this chapter, and acquire an annual city business license, if the city has a business license ordinance.

B. A person wishing to engage in a Type II home occupation or home industry is required to have a preapplication conference with city staff, and shall submit an application pursuant to subsection (D) of this section.

C. The director will be the decision maker on Type II home occupation and home industry applications.

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

a. Is in conformance with the standards contained in this chapter;

b. Will be subordinate to the residential use of the property; and

c. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents.

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

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

D. Complete Application. Applications for a Type II home occupation or home industry permit shall be considered fully complete once the department determines that the application contains the following materials, on forms provided by the director, and shall be accompanied by:

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

2. The required fee;

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

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

5. One assessor’s map;

6. Property owner’s signature(s) or written authorization from the property owner; and

7. A statement including the following information:

a. Home occupation type (Type I, Type II, or home industry).

b. Description of business.

c. Residence description.

d. On-Site Parking. Describe all on-site parking spaces, as follows:

i. Total number of on-site parking spaces.

ii. Number of parking spaces that are exterior spaces or garage spaces.

e. Street Parking. Note if street parking will be needed to serve clients.

f. Equipment associated with business.

g. Outdoor storage description.

h. Expected noise or vibration description.

i. Description of expected odors, fumes, dust or smoke associated with business. (Ord. 2020-612 § 7; Ord. 2020-611 § 12; Ord. 97-153 §§ 8, 9; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.100 Conditions applicable to Type II home occupation approvals.

A. The director may impose conditions upon the approval of a Type II home occupation or home industry permit to ensure the requirements of this chapter are complied with. These conditions may include, but are not limited to, the following:    

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

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

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

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

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

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

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

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

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

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

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

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

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

14. Any other limitations which the director considers to be necessary or desirable to make the use comply with the purposes stated in NMC 18.30.010. (Ord. 2020-612 § 7; Ord. 97-153 § 10; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.110 Revocation and expiration of home occupation or home industry permits.

A. The director may revoke a Type II home occupation or home industry permit approval if the conditions of approval have not been complied with and the home occupation or home industry is otherwise being conducted in a manner contrary to this chapter.

B. When a home occupation or home industry permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation or home industry permit on the subject parcel will be considered.

C. A home occupation or home industry permit shall become invalid if the applicant moves his or her residence. (Ord. 2020-612 § 7; Ord. 97-153 § 11; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.120 Action regarding complaints and violations of standards.

A. All home occupations are subject to review by the director.

B. Complaints. Complaints may be originated by the city of Newcastle or the public. Complaints from the public shall clearly state the objection to the home occupation, such as but not limited to:

1. Generation of excessive traffic;

2. Exclusive use of on-street parking spaces;

3. Other offensive activities not compatible with a residential neighborhood.

C. Review of Complaints. Complaints shall be reviewed by the director. The director shall either approve the use as it exists, revoke the home occupation or home industry permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter. The operator of the home occupation or home industry may appeal the director’s decision to the hearing examiner in accordance with the city’s appeals ordinance.

D. Cessation of Home Occupation or Home Industry Permit Pending Review. If it is determined by the director in the exercise of reasonable discretion, that the home occupation or home industry in question will affect public health and safety, the use may be ordered to cease pending hearing examiner review and/or exhaustion of all appeals.

E. Notice of Appeal Hearing. Notice of a hearing on an appeal of the director’s decision to either revoke or not revoke a Type II home occupation or home industry permit is required pursuant to Chapter 19.15 NMC.

F. Hearing Examiner Review. The hearing examiner shall either approve the use as it exists, revoke the permit, or compel suitable restrictions and conditions to ensure compatibility with the neighborhood. (Ord. 2020-612 § 7; Ord. 97-153 § 12; Ord. 97-134; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.30.130 Secure community transition facilities (SCTFs).

A. Purpose and Intent. The intent of this section is to provide a mechanism which allows the city and its citizens to participate to the maximum extent possible in proposals by the State of Washington Department of Social and Health Services related to the siting or conduct of SCTFs, while complying with the Growth Management Act and state laws mandating local accommodation of SCTFs.

B. Applicability. Standards in this section apply to all SCTFs proposed to be sited within the city. An SCTF may only be sited as herein stated and as authorized under NMC 18.08.030. An SCTF is not subject to a variance.

C. Siting Criteria.

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

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

a. Community centers;

b. Licensed daycare operations;

c. Licensed preschool facilities;

d. Public libraries;

e. Public park and recreation facilities;

f. Religious facilities (churches, synagogues, temples, mosques);

g. Schools;

h. School bus stops;

i. Playgrounds;

j. Sport fields; and

k. Trails.

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

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

D. Standards and Requirements for SCTFs.

1. Use and Operation.

a. The applicant must demonstrate that the facility meets the definition of an SCTF.

b. The SCTF and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.

c. The applicant must demonstrate compliance with the requirements of RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended.

d. Each SCTF may provide a maximum of three resident beds.

2. Applicable Review and Decision Criteria. An applicant who desires to site an SCTF within the city must comply with the regulations set forth in Chapter 17.35 NMC, to the extent the director finds the regulations applicable. The SCTF application is subject to Type III review as set forth in subsection (H) of this section. The decision criteria set forth in NMC 18.44.060, Special use permit, shall also apply.

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

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

5. Application Materials. In addition to the regular application materials required under Chapter 17.35 NMC and the provisions set forth in this section, an applicant for an SCTF shall also include:

a. The siting process used for the SCTF, including alternative locations considered.

b. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socioeconomic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction or region.

c. Proposed mitigation including the use of extensive visual buffering to provide limited visibility between adjacent properties.

d. A general security plan for the facility and the residents; provided, that said information does not jeopardize public safety.

e. A general description of the program, its operations and functions, including but not limited to daily operations, activities of occupants, procedures for off-site activities, if any, and visitation procedures for nonresidents, including professional care providers, family members, or other service providers; provided, however, that such information does not jeopardize public safety.

f. A schedule and analysis of all public input solicited or to be solicited during the siting process.

g. An analysis demonstrating that the policies relating to essential public facilities, set forth in the city’s comprehensive plan (EPF-P1 through P6) have been met.

E. Site Development Standards.

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

2. Maximum lot coverage: 45 percent.

3. Maximum structure height: 35 feet.

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

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

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

F. Conditions. The city may impose conditions to mitigate any potential adverse impacts of the SCTF on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or hereafter amended, such conditions may not impose restrictions on the SCTF greater than those set forth in the cited statutory provisions.

The city may seek additional public safety measures for any facility proposed under this section beyond those suggested by statute or proposed by the applicant. The city shall submit the comments for the Department of Social and Health Services (DSHS) in the manner and at the times set forth in Chapter 71.09 RCW, or as hereafter amended. The city may petition the Governor to designate a person with law enforcement expertise to review DSHS’s response to the city’s comments in the manner set forth in Chapter 71.09 RCW.

G. Bonds. The city may require a bond, a contract pursuant to Chapter 68, Section 16 of the Laws of 2002, or other security mechanism to insure compliance with this chapter or any conditions of approval.

H. Process. Any application to site an SCTF shall require a special permit. The process for approval of a special use permit shall be a Type III as set forth in NMC 19.07.030. The notice and public input provisions set forth in RCW 71.09.315 shall apply in addition to the notice requirements set forth in NMC Title 19. If there are conflicts between NMC Title 19 and RCW 71.09.315, whichever gives greater notice and public opportunity for input shall control. (Ord. 2020-612 § 7; Ord. 2002-262 § 6).

18.30.140 Short-term rentals.

A. A person wishing to operate a short-term rental must pay a one-time review fee in the amount established by resolution to the city, agree to abide by the provisions of this chapter, acquire an annual city business license, and submit to an inspection.

B. A resident may establish a short-term rental, provided:

1. The operator must be a principal resident of the property per NMC 18.06.462.

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

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

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

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

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

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

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

C. The director may revoke a short-term rental conditional use permit approval if the conditions of approval have not been complied with or if the short-term rental is otherwise being conducted in a manner contrary to this chapter. (Ord. 2020-612 § 7).