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    Downtown zones.

18.04.110    Reserved.

18.04.120    Reserved.

18.04.130    Community business center overlay zone.

18.04.135    Reserved.

18.04.140    Reserved.

18.04.150    Reserved.

18.04.160    Reserved.

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. 2017-563 § 2; 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

Downtown Transition

DT

Downtown Core

DC

Community Business Center Overlay

CBC

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. 2017-563 § 2; 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. 2017-563 § 2; 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. (Ord. 2017-563 § 2; 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. 2017-563 § 2; 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-6 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 and R-24 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-6 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 and R-24 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. 2017-563 § 2; 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. 2017-563 § 2; Ord. 97-145 Exh. B).

18.04.100 Downtown zones.

A. The purpose of the downtown transition and downtown core zones (DT and DC) is to provide convenience and comparison retail and personal services for (1) the daily convenience needs of local neighborhoods which cannot be served conveniently by larger activity centers, (2) to facilitate professional offices that provide daytime population necessary to support retail services, (3) to incorporate higher density residential development to support retail uses and to preserve the character of Newcastle’s existing residential neighborhoods, and (4) to create an environment where outdoor activities and community gatherings are facilitated through attractive design, pedestrian amenities, and appropriate mixture of uses strategically located to facilitate a healthy synergy among uses while minimizing impacts on adjacent residential neighborhoods. 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 uses that will take advantage of pedestrian-oriented site and street improvement standards;

3. Allowing for a mix of housing and retail/service uses;

4. Minimize the impacts on adjacent residential uses from new development through the downtown transition zone; and

5. 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. 2017-563 § 2; Ord. 97-145 Exh. B).

18.04.110 Reserved.

(Ord. 97-145 Exh. B).

18.04.120 Reserved.

(Ord. 2017-563 § 2; 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 multistory 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. 2017-563 § 2; Ord. 2001-239 § 3; Ord. 97-145 Exh. B).

18.04.135 Reserved.

(Ord. 2017-563 § 2; Ord. 2003-274 § 1; Ord. 2001-239 § 3; Ord. 97-145 Exh. B).

18.04.140 Reserved.

(Ord. 2017-563 § 2; Ord. 97-145 Exh. B).

18.04.150 Reserved.

(Ord. 97-145 Exh. B).

18.04.160 Reserved.

(Ord. 2017-563 § 2; 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. 2017-563 § 2; Ord. 97-145 Exh. B).

18.04.180 Undesignated property.

All property not designated by the zoning map shall be designated LOS. (Ord. 2017-563 § 2; 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. 2017-563 § 2; Ord. 97-145 Exh. B).