Chapter 4.12
STORAGE AND PARKING OF VEHICLES ON RESIDENTIAL PROPERTY
Sections:
4.12.030 General requirements.
4.12.040 Recreational vehicles.
4.12.050 Enforcement and penalty.
4.12.060 Effective date for enforcement.
4.12.010 Purpose.
The intent of this chapter is to define permitted locations for residential storage and parking of automobiles and recreational, utility and commercial vehicles within the residential zones of R-1 through R-6 of the city, such that neighborhood safety, quality and character are maintained. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).
4.12.020 Definitions.
A. “Commercial vehicle” means a vehicle used in a business, including a home business or home occupation.
B. “Recreational vehicle” means 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.
C. “Vehicle” means an operable or inoperable self-propelled device used for the transportation of people or goods over land, air, or water surfaces. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).
4.12.030 General requirements.
This section applies to all vehicle storage and parking within the R-1 through R-6 zones.
A. On lots with 10,890 square feet or less area, all vehicle storage and parking associated with R-1 through R-6 zones must be in a garage, carport or on an approved impervious surface used for vehicle parking or storage with direct and unobstructed driveway access.
B. Unless the International Building Code or International Fire Code dictate otherwise, there shall be no minimum building separation required between buildings and vehicles.
C. Storing or parking of commercial vehicles whose gross vehicle combined weight is in excess of 20,000 pounds is prohibited in R-1 through R-6 zones.
D. Vehicles shall not intrude into a publicly traveled portion of the right-of-way or recorded access easement or obstruct sight visibility from adjacent driveways, public rights-of-way or recorded access easements, and no parking shall be permitted on unimproved, unopened public rights-of-way. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).
4.12.040 Recreational vehicles.
This section applies to all recreational vehicle storage and parking within the R-1 through R-6 zones.
A. Recreational vehicles equipped with liquefied petroleum gas containers shall meet the standards of the Interstate Commerce Commission. Valves on gas containers shall be closed when the vehicle is stored, and, in the event of leakage, immediate corrective action must be taken.
B. Recreational vehicles shall not be parked in a critical area building setback, in a critical area buffer, in critical areas, on slopes greater than 15 percent, in designated open spaces, in recreational areas or in floodways.
C. Recreational vehicles designed and intended for habitation may be occupied on a temporary basis not to exceed 30 days within one calendar year.
D. Recreational vehicles may be stored or parked within a garage or carport.
E. Recreational vehicles may be stored or parked within a side or rear yard.
F. Recreational vehicles may be stored or parked within a front yard on an impervious surface only. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).
4.12.050 Enforcement and penalty.
Any violation of this chapter shall be enforced as a violation of a land use or public health ordinance, as set forth in the general enforcement regulations of Chapter 4.05 NMC and the notice of violation procedures of Chapter 4.15 NMC. Any person who violates this chapter shall be subject to the penalties set forth in Chapter 4.05 NMC. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).
4.12.060 Effective date for enforcement.
Notwithstanding any other provision of this chapter, for a maximum six-month period from the effective date of the ordinance codified in this chapter, any vehicle which was owned and was being stored or parked on a property by the occupant of the property on the effective date of the ordinance codified in this chapter may continue to be stored or parked; provided, that all such vehicles must be in compliance with all relevant requirements of the Newcastle Municipal Code in effect prior to the adoption of the ordinance codified in this chapter. (Ord. 2021-624 § 3; Ord. 2004-293 § 1).