The supplementary regulations listed and described herein apply
to a specific district, to several districts, or to all districts.
These regulations pertain to certain specific uses, authorize certain
exemptions, or relate to unusual conditions.
(Ord. 1677, 7-19-2010)
In addition to any permitted or conditionally permitted principal
uses, accessory uses and structures are permitted as set forth in
this section.
(1)
General Provisions. Each permitted accessory use shall:
(2)
Standards for Accessory Uses and Structures. The following is a list
of restrictions on accessory uses and structures:
(a)
Setbacks.
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Front
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Side
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Rear
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Side Corner
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Accessory Structures (larger than 400 square feet) in all zones
except B-4
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See setback for principal structure
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5 ft
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5 ft
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See setback for principal structure
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Accessory Structures (400 square feet or less) in all zones
except B-4
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See setback for principal structure
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5 ft (N/A if to the rear of the principal structure)
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N/A
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See setback for principal structure
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B-4
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N/A
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N/A
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N/A
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N/A
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When a garage or carport is entered from an alley, it
shall not be located closer than 10 feet from the alley right-of-way
line. When a garage or carport is entered from any other public or
private right-of-way, it shall not be located closer than 20 feet
from the right-of-way line unless a greater setback is provided for
under the particular zoning district development standards.
(b)
In R and RA zones, accessory structures shall not exceed 18 feet
in height and are limited to single story construction. Accessory
structures in other zones shall not exceed the maximum height for
principal structures as provided under the particular zoning district
development standards.
(c)
No accessory structure or use shall be constructed or established
on any lot prior to the time of the substantial completion of the
construction of the principal structure to which it is accessory.
(d)
Accessory structures shall be limited to no more than 1,000 square
feet in size.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011; Ord. 1771, 6-6-2016)
The Kalispell City Airport Affected Area Ordinance, as it presently
is written and as it may be amended in the future, is hereby incorporated
by reference into the Kalispell Zoning Ordinance.
(Ord. 1744, 10-6-2014)
Cellular service antennae may locate on any existing or proposed
structure that is otherwise allowable pursuant to the regulations
applicable to that district, provided that the antennae does not extend
above or beyond the envelope of the structure without taking steps
to visually camouflage its presence, such as within belfries, chimneys,
elevator housings, or similar architectural features that would customarily
be a part of the structure and tend to add to the architectural character
of the structure.
(Ord. 1771, 6-6-2016)
The purpose of this section is to implement development standards
applicable to gateway entrances to the community. The entrances to
the City of Kalispell are an important gateway to the community, and
as such should be developed in such a way that they create an inviting
and positive first impression of the community. The standards contained
herein are intended to protect the health, safety and welfare of the
traveling public by preventing or reducing traffic congestion and
distracting visual clutter associated with developments along major
thoroughfares into and out of the City. The standards achieve the
stated purpose by addressing the following physical characteristics
of development: setbacks, landscaping, pedestrian access, bike access,
architectural design, outdoor storage and access control.
(1)
Buffer area.
Monument sign.
Definitions. As used in this section, the following definitions apply:
An area of land, including landscaping and earth berms of
a particular property adjoining a designated principal arterial right-of-way.
A two-sided freestanding sign attached to a permanent foundation
or decorative base constructed of permanent material, such as concrete
block or brick and not attached or dependent on support from any building,
pole, posts or similar uprights.
(2)
Gateway Entrance. Gateway entrances are established along principal
arterials entering and exiting Kalispell. Principal arterials are
at the highest level of the transportation hierarchy and provide the
highest capacity for vehicular traffic volumes. Principal arterials
provide for major traffic movements through the city at the highest
efficiency possible, with right-of-way typically yielded by roadways
of lower hierarchy. Principal arterials promote connectivity to other
arterials, serve the longest trips, and carry the major portion of
trips entering and leaving the overall area. Principal arterials provide
the highest level of access control, making access to abutting land
subordinate to the provision for vehicular travel. Speeds can vary
between 25 and 65 miles per hour and traffic volumes carry between
10,000 and 35,000 vehicles per day.
(3)
Buffer Setbacks Established. The buffer requirement for each gateway
entrance corresponds with the posted speed limit on that section of
the principal arterial and the typical adjacent building pattern.
Thus, properties adjacent principal arterials with a posted speed
limit of 65 miles per hour have larger buffers than those properties
adjacent principle arterial with speed limits of 25 miles per hour.
Other considerations include the existing built environment along
the principal arterial, which makes the feasibility of large buffer
requirements infeasible in some situations. Roadway corridors to be
identified as gateway entrances to Kalispell and the required buffer
area for each are as follows:
(a)
U.S. 93 North between Reserve Drive and annexation boundary: 100-foot
buffer
(b)
U.S. 93 North between Four Mile Drive and Reserve Drive: 20-foot
buffer
(c)
U.S. 93 South between 13th Street and bypass: 20-foot buffer
(d)
U.S. 93 South between the bypass and annexation boundary: 40-foot
buffer
(e)
U.S. 2 East between Woodland Drive and annexation boundary: 20-foot
buffer
(f)
U.S. 2 West between bypass and annexation boundary: 40-foot buffer
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If any portion of a property is abutting an above-mentioned
principal arterial roadway, the entire property's right-of-way
frontage is subject to this chapter. Specific exemptions are listed
for development in place at the time of adoption of these regulations.
|
(4)
Buffer Area.
(a)
The buffer area shall include the length of the property boundary
adjacent to the applicable right-of-way with the minimum depth.
(b)
The buffer area shall not encompass more than 10% of the gross area
of any parcel as platted at the time of adoption of these regulations.
(c)
The following shall be permitted within the buffer area:
1.
Landscaping.
2.
Storm water management facilities, which are aesthetically integrated
into the landscape plan. Fencing of storm water facilities is prohibited.
3.
Access points.
4.
Frontage roads intended to limit the number of access approaches
onto the highway.
5.
Underground utilities.
6.
Pedestrian and bike trails (amenities such as bike racks, benches,
and pedestrian lighting).
8.
Flag poles.
(d)
Where there is existing development in place at the time of adoption
of these regulations, the following buffer area exceptions are permitted:
1.
Where a lot is previously developed and a principal building encroaches
into the required buffer, the existing setback of the principal building
will be used as the building line for additions to the principal structure.
2.
Where strict adherence to these regulations results in the loss of
required parking spaces and/or required driving aisles, the buffer
area can be reduced in an effort to maintain the required parking
spaces and/or driving aisle when it has been shown that alternative
site design is not feasible. Where feasible, the site design shall
maintain as much of the required buffer as possible.
3.
In the event that an existing right-of-way is widened, and such widening
necessitates the removal or relocation of any building or use and
the owner wishes to rebuild on the same tract:
I.
The owner may abide by the previously existing setback distance (the
distance between the building prior to right-of-way acquisition and
the previous right-of-way line) as the minimum setback for the new
building if reconstruction is started within 180 days. If this timeframe
is not met, any new structure on the tract of land shall conform with
all sections of this Code.
(5)
Landscaping and Pedestrian Connectivity.
(a)
A landscape and irrigation plan shall be submitted for the adjacent
right-of-way and buffer area. The Parks and Recreation Director shall
approve the irrigation and landscape plan for the right-of-way and
buffer area prior to development. Landscape designs shall include
primarily live landscaping including undulating topography and have
a mix of tree plantings with a ground cover of predominately sod.
The choice of species and type of trees shall achieve unity of design
by repetition of plant varieties and other materials and by correlating
with adjacent developments and with the streetscape plantings where
provided.
(b)
The use of any form of bark, mulch, rock, etc. shall not be used
as a primary method of landscaping. These materials may be used to
augment live landscape features upon approval by the Parks and Recreation
Director. If rock is to be used it must be 1 inch or less fractured.
(c)
When an existing developed landscape buffer is reduced or eliminated
due to public acquisition of road right-of-way, that portion of the
landscape buffer acquired is not required to be replaced or reestablished.
(d)
For lots with existing development, landscaping within the required
buffer area shall be required when there is a change of use, or when
there are property improvements equal to or greater than 20% of the
replacement value of the building at time of building permit. The
replacement value shall be determined by a detailed cost estimate,
including site improvements, submitted by the property owner and further
verified by the building official. Where improvements to a property
are completed in phases, the value of the improvements shall be determined
cumulatively at time of each building permit. At such time, the cumulative
improvements to the property are equal to or greater than 20% of the
replacement value of the building at time of building permit, the
buffer is required.
(e)
Property owners shall keep the landscaping within the buffer area
in a healthy and attractive manner. Dead or dying landscaping shall
be replaced with like or similar type of landscaping. Any deviation
from the approved landscape plan shall be approved by the Parks and
Recreation Director prior to installation.
(f)
A minimum 8-foot wide concrete sidewalk shall be constructed along
the entire principal arterial frontage, where no sidewalk exists meeting
this standard. The sidewalk shall be integrally designed into the
landscape plan required between the curb line of the principal arterial
and the required buffer.
(g)
A minimum 5-foot walk sidewalk shall be installed between the entrance
of the building and the sidewalk located within the buffer.
(6)
Access.
(a)
Where access can be achieved via an adjacent or internal street or
easement, the lot shall take its access from that location instead
of direct access onto the highway.
(b)
Where no adjacent street network is available, site design of individual
lots shall provide for shared access with neighboring parcels.
(7)
Outdoor Storage.
(a)
Outside storage of used motorized parts and/or partially or completely
dismantled motorized vehicles and/or marine vessels and shipping containers
shall be enclosed by a view-obscuring fence adequate to screen them
from the principal arterial and any adjacent city residentially zoned
land.
(b)
The view-obscuring fence shall be reviewed by the Architectural Review
Committee prior to installation.
(Ord. 1824, 3-18-2019)
(1)
The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or other agriculture buildings, telecommunication towers and cellular communication towers and facilities, unless otherwise prohibited by regulations related to the airport affected area referenced under Section 27.20.025 of this Zoning Ordinance or by Federal Aviation Regulations, Part 77.
(2)
The height of any structure may be limited pursuant to requirements
related to a conditional use permit. The limitation may be less than
otherwise allowed under this Zoning Ordinance.
(3)
Additional height may be allowed under a conditional use permit in
those zones where additional height is provided for under the development
standards.
(4)
Masts for flagpoles and antennas accessory to an allowed use shall
not exceed the height limits of the zoning district.
(5)
Masts for flagpoles must be set back from the property line to prevent
the intrusion of the extended flag into or over any public right-of-way
or adjoining property.
(Ord. 1677, 7-19-2010; amd. Ord. 1744, 10-6-2014)
(1)
Except as otherwise provided by this Zoning Ordinance, no fence,
hedge, or freestanding wall shall exceed 48 inches in height anywhere
within or bounding the front yard or 78 inches within the rear, side
corner, or side yards when placed within the required yard setback
areas. Fences, hedges, and walls shall not interfere with clear vision
triangles. A single archway serving as a pedestrian entrance and being
no more than 9 feet tall, 5 feet wide and 4 feet deep, may be attached
to a fence in the required setback area.
(2)
Open wire fences exceeding the above heights may be built around
schools, day cares, tennis courts, swimming pools, or other public
or quasi-public institutions when necessary for the safety or restraint
of occupants thereof. The acceptable height of said fences shall be
determined by the Zoning Administrator after giving consideration
to the character of the neighborhood, available options on-site, and
purpose of the fence.
(3)
Security fences are allowed on side and rear yards up to 8 feet in
height when used to enclose commercial or industrial storage yards.
Barbed wire may be used along the upper one-third portion of the fence
(up to a total of 2 feet). Barbed wire is not permitted within the
front or side corner setback area.
(4)
Except where necessary to contain livestock and as otherwise indicated in subsection (3) above, no barbed wire or other sharp fencing materials and no electrically charged fences shall be erected or maintained in any district created by this Code. When electrically charged fences are used, such fence shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way or other zoning districts.
(Ord. 1677, 7-19-2010)
(1)
All sites in a "B" or "I" classified district
having a common boundary with an "R," "H,"
or "RA" classified property, shall erect and maintain
a view-obscuring fence or dense, coniferous hedge along such common
boundary. Fences shall not be less than 6 feet in height. Hedges shall
be subject to approval by the parks department. Any vegetation shall
be a minimum of 3 feet in height at planting and obtain a height of
not less than 6 feet at maturity. Where the wall of a building, or
public alley, or public street is on such common boundary, no separate
wall, fence or hedge need be installed along that portion of the boundary
occupied by such building, street, or alley. Fences and hedges utilized
as greenbelts are subject to the height limitations for the district
in which they are located.
(2)
Fences or greenbelts erected as a requirement of this section shall
be maintained in a neat and orderly manner, and any vegetation shall
be healthy and attractive.
(Ord. 1677, 7-19-2010)
Home occupations are allowed in conjunction with any residential
use that is a primary residence for the occupant(s) provided that:
(1)
The home occupation is clearly incidental and secondary to the use
of the property as a residence.
(2)
Any commodity sold upon the premises must be produced on the premises.
This is not intended to preclude the occasional home party sales associated
with such products as Tupperware, Amway and Avon. This would include,
but not be limited to, music lessons, educational tutoring, consulting
services, personal services and photography studios.
(3)
Home occupations would not include any type of auto, boat or RV repair,
maintenance or painting; any type of food preparation for on-site
consumption or retail sales which include items not produced on-site,
or any other use which creates traffic uncharacteristic of a residential
area or requires outdoor storage of materials.
(4)
Any disturbance such as noise, vibration, smoke, dust, odor, heat
or glare beyond the confines of the dwelling unit or accessory building
would not be in excess of that which would normally be anticipated
in a residential area.
(5)
There shall be no exterior display, or exterior storage of materials,
house calls after 9:00 p.m. or before 8:00 a.m., or other indication
from the exterior that the dwelling unit or accessory building is
being used in part for any use other than that of a dwelling or accessory
building for purely residential purposes.
(6)
There shall be no employees other than those residing on the premises.
(7)
There shall be no pedestrian or vehicular traffic in excess of that
which is characteristic of a typical neighborhood of its type and
shall not exceed more than one at a time or eight all day.
(8)
A wall sign flush mounted to the building not to exceed six square
feet may be allowed in association with a home occupation.
(Ord. 1677, 7-19-2010)
District boundaries shall, except for unique conditions or circumstances,
take into consideration property boundaries as platted and every effort
shall be made to not divide a platted lot, parcel or tract of land
into two or more use districts. If, however, a property is divided
into two use districts, the property may be utilized in conformance
with one zoning district or the other as long as the use is confined
to that portion of the property for which it is zoned. The remainder
of the lot lying within the other zoning classification will remain
open. This is not meant to preclude the possibility of the owner applying
for a zone map amendment or subdivision of the lot to address the
situation.
(Ord. 1677, 7-19-2010)
Principal Structures. In any "B", "P", or "I" district, more than one structure housing a permitted and customary principal use may be erected on a single lot or tract of land, provided that yard and other requirements of this Code shall be met for each structure as though it were on an individual lot. This provision shall not apply to any lot within an "R" district where only one principal structure is permitted, except as provided in Section 27.20.082. Multiple structures proposed in an "RA" or "H" district shall be subject to approval as a conditional use, except as provided in Section 27.20.082.
(Ord. 1677, 7-19-2010; amd. Ord. 1861, 8-21-2021)
(1)
In the B-1, B-2, B-3, and B-4 zones, two dwelling units are permitted
on a single lot. The dwelling units may be provided either as a duplex
or as two separate single-family structures (i.e. a principal structure
and an accessory dwelling unit).
(2)
In the R-4, R-5, RA-1, RA-2, and H-1 zones, two dwelling units are
permitted on a single lot in a duplex, or as two separate single-family
structures with an administrative conditional use permit. In the R-1
zone, a guest house is permitted with a conditional use permit. In
any zones listed in this subsection, an accessory dwelling unit would
only be allowed subject to the following conditions:
(a)
The maximum height is limited to a single story with a height of
no more than 18 feet unless the setbacks for a principal structure
are met, in which case the maximum building height for the district
would apply.
(b)
The gross floor area of living space within the accessory dwelling
unit shall be limited to no more than 1,000 square feet.
(c)
Rental periods of less than 30 days are not permitted for the accessory
dwelling unit.
(3)
For any accessory dwelling unit under this section:
(a)
An accessory dwelling unit shall meet the setbacks required for a principal structure unless an existing conforming or non-conforming accessory structure is converted into the accessory dwelling unit. In that event, the existing setbacks may be maintained. Any enlargement or alteration of the structure shall be governed by Section 27.23.020(2) relating to changes to non-conforming structures.
(b)
The limitation on repairs and maintenance for non-conforming structures contained in Section 27.23.020(3) shall not apply to a conversion of an existing accessory structure to an accessory dwelling unit.
(Ord. 1861, 8-21-2021)
On any property used for residential purposes, temporary use
of a recreational vehicle for housing occupants of the principal structure
or their guests is allowed provided that the use is free of charge
and limited to a period of one week or less per month.
(Ord. 1744, 10-6-2014)
Safe houses are not subject to public review because of the
need for anonymity to protect the victims of domestic violence and
abuse from their abusers. However, they will be required to be reviewed
and approved by the Kalispell Site Development Review Committee for
compliance with applicable health, safety and zoning regulations prior
to occupancy. Periodic inspections shall be conducted to insure compliance
with fire and life safety codes. Any inquiries or issues associated
with the review process shall be kept strictly confidential to the
extent allowed by law in order to protect the integrity, intent and
operation of the safe house. Information acquired as part of the review
process will be kept confidential. Should issues arise within the
neighborhood regarding the operation of the safe house the City of
Kalispell shall make every reasonable effort to amicably resolve potential
conflicts.
(Ord. 1677, 7-19-2010)
A residential dwelling unit, whether in a residential or commercial
zone, may be rented for a period shorter than 30 days provided that
the following performance standards are met:
(1)
The property owner shall first obtain an administrative conditional use permit from the Planning Department (See Chapter 27.33).
(2)
The number of units rented shall not exceed the allowable density
for the zoning district where the property is located.
(3)
No more than a total of 2 percent of the residences in all of the
"R" and "RA" zones within the City of Kalispell
may be used as a short term residential rental. This limitation shall
not apply to any other zones where short term rentals are otherwise
permitted.
(4)
The administrative conditional use permit review shall include:
(a)
Proof of an inspection by the Building Department showing that all
life safety requirements are met, including, but not limited to, smoke
and carbon monoxide detectors, egress windows out of sleeping areas,
handrails, hot water temperature, exposed electrical wiring, and ground
faults within 6 feet of sinks/tubs;
(b)
Proof of a State of Montana public accommodation license for a tourist
home, which is administered by the Flathead City-County Health Department
and is subject to annual inspections;
(c)
Affirmation of the property owner that correctly states that the
residential dwelling unit to be utilized as a short term rental is
not subject to any covenants, conditions or restrictions of record
that forbid such use of the property;
(d)
Verification that the property is appropriately registered and meets
requirements for state bed tax purposes;
(e)
The property owner shall provide their name and phone number or of
a local contact person that shall be responsible for handling any
issues that arise with the property. The contact shall be available
to address any issues 24 hours a day and 7 days a week. The contact
information shall be included in the notice sent to property owners
within 150 feet as provided for in the administrative conditional
use permit process; and
(f)
Each short-term rental shall have access to the minimum required
parking for a residential unit in the zoning district (no nonconforming
status).
(5)
There shall be no signage indicating the short-term rental of the
property.
(6)
Prior to April 1 each calendar year, a property owner that wishes to continue to provide short term residential rentals shall submit for an annual renewal of the administrative conditional use permit, including payment of a fee equal to the administrative conditional use permit fee then in effect. The renewal shall include verification of all of the information listed under subsection (4). Any updated contact information shall be provided to property owners within 150 feet.
(7)
Violations of the terms of the administrative conditional use permit
or the provisions of this section may subject the property owner to
an enforcement pursuant to the terms of this Zoning Ordinance. Noise
and similar issues may be enforced through the Police Department.
(Ord. 1778, 12-19-16)
Notwithstanding any side corner setback otherwise required under
this Zoning Ordinance, if the distance between the side setback and
side corner setback (i.e. the buildable width) on a corner lot is
less than 35 feet, development may occur within the side corner setback
to either a point 35 feet from the side setback or ten feet from the
side corner property line, whichever generates a lesser encroachment.
(See Figure 1).
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Figure 1: Side Corner Setback Exception
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 |
 |
(Ord. 1677, 7-19-2010)
The purpose of this section is to promote public health, safety
and welfare and to ensure neighborhood compatibility by establishing
minimum standards for single family dwellings and duplexes. All single
family dwellings and duplexes shall comply with the following standards:
(1)
As used in this section, a manufactured home means:
(a)
A single family dwelling, built off-site in a factory on or after
January 1, 1990;
(b)
That is placed on a permanent foundation;
(c)
Is at least 1,000 square feet in size;
(d)
Has a pitched roof and siding materials that are customarily used
on site-built homes; and
(e)
Is in compliance with the applicable prevailing standards of the
United States Department of Housing and Urban Development at the time
of its production.
(2)
All single family dwellings and duplexes must be site built or manufactured
homes. Manufactured homes must:
(Ord. 1677, 7-19-2010; amd. Ord. 1771, 6-6-2016)
The purpose of this section is to establish site design criteria
and review procedures to promote the general health and welfare by
encouraging attention to site planning and giving regard to the natural
environment, creative project design, and the character of the neighborhood
or area.
(1)
Application of These Procedures. These procedures shall apply to
all developments within the zoning jurisdiction of the City of Kalispell.
The site plan shall be submitted and approved prior to the issuance
of any building permit for any construction, development or any site
preparation. A pre-application conference with the City Public Works
Department and Building Department is strongly encouraged prior to
the preparation of any site plan or working drawings. Distinction
is made below between the procedures and standards applicable to minor
and major site plans.
(2)
Application for Minor Site Plan Approval. Minor site plan approval
will be required for single family dwellings and duplexes. Exterior
structural remodeling projects, not involving an expansion of a structure
or use, are also subject to minor site plan approval when such remodeling
does not involve a change of use.
(a)
Two sets of working drawings including site plan for a single family
dwelling or duplex on an existing lot shall be submitted directly
to the Planning and Building Department for review to show compliance
with the Kalispell Zoning Ordinance. The Department is authorized
to require any revisions and/or attach any conditions necessary to
ensure compliance.
(b)
A site plan/application is required to have the following information:
1.
Name, address, and phone number of owner, builder/architect and/or
engineer;
2.
Building site address, lot and block number, legal description of
property, north arrow, and date;
3.
All lot lines, easements, rights-of-way, and distances to both the
wall line and the eave line of all existing and proposed structures,
drawn to a reasonable and accurate scale; and
4.
Location of all buildings, parking areas, driveways (including paving
details), fences and other improvements.
(3)
Major Site Plan Approval. Commercial, industrial, and multi-family
developments and remodeling of existing structures when a change of
use or structural expansion would result shall be subject to the following
application and review procedures:
(a)
Site Plan Information. In addition to a completed building permit
application form, three sets of working drawings and five sets of
site plans shall be submitted incorporating the following information:
1.
Boundary line of property with dimensions and a north arrow indicator;
2.
Topography contours at a minimum interval of 2 feet or as determined
by the public works director;
3.
Adjacent streets and street rights-of-way to a distance of 150 feet,
including existing and proposed improvements such as curb, gutter,
sidewalks, bike paths, and landscape boulevard treatments/plantings;
4.
Utilities and utility rights-of-way or easements;
5.
All existing and proposed structures, including distances to both
the wall line and the eave line of all structures;
6.
Parking facilities, including bicycle racks, landscaping, drainage,
lighting, handicap-accessible parking, typical dimensions (including
labeling angles for angled parking), traffic flow on-site, ingress
and egress points, driveways, and paving details;
7.
Water bodies, floodplain, and wetlands;
8.
Grading and drainage plans;
9.
Location of fire hydrants and designated fire lanes/turnarounds;
10.
Sidewalks, walkways, driveways, loading areas and docks, and bike
paths;
11.
Provision for handicapped accessibility, including but not limited
to wheelchair ramps, parking spaces, handrails, and curb cuts;
12.
Fences and walls;
13.
Exterior signs;
14.
Exterior refuse collection areas;
17.
Site plan review fee as established by the City Council.
(b)
Criteria for Design Review. The following criteria shall be utilized
by the Site Development Review Committee, when required, in reviewing
site plans to ensure that the purpose and intent of the Zoning Ordinance,
City Tree Ordinance, and all other applicable City ordinances are
met:
1.
The landscape shall be preserved in its natural state, in so far
as practical, by minimizing tree and soil removal and any grade changes
shall be in keeping with the general appearance of the neighborhood
or area, and safe, and efficient development of the site.
2.
The proposed development or physical improvements will not impair
or interfere with (a) the development, use, enjoyment or value of
other property in the vicinity; (b) the orderly development of the
neighborhood; or (c) the area as a whole.
3.
Project Development.
a.
The proposed development or physical improvement has a desirable,
efficient and workable interrelationship among buildings, parking,
circulation, open space, landscaping and related activities and uses;
b.
The proposed development or physical improvement is in character
with the design qualities of other developments in the area; and
c.
Utilities are placed underground.
4.
Curbs, gutters, sidewalks, and boulevard landscaping in adjacent
rights-of-way shall be developed or upgraded to current public works
design and construction standards. Travel surfaces may, where appropriate,
be required to be repaired or upgraded. Boulevard landscaping shall
include grass and tree species approved by the parks department. Boulevard
landscaping shall not include rocks, gravel, or similar non-vegetative
treatments.
5.
Development or physical improvement shall provide sufficient landscaping
to assure a pleasant and aesthetic on-site environment and provide
protective screening, when necessary. This may include landscaping
for the front yard or any yard adjacent to any public right-of-way,
along any lot adjacent to a residential zone, or in association with
off-street parking areas. All landscaping shall be continually maintained
including necessary watering, weeding, pruning and replacing, in a
substantially similar manner as approved.
(c)
Review Authority for Major Site Plan Approval. A "Site Development
Review Committee" has the authority to review and require revisions
to any major site plan. Said committee shall consist of the head of
each department in the City or his/her designee and any other staff
member so designated by the City Manager.
(d)
Power to Amend Plans. When approving an application for a site design
and use, the Site Development Review Committee will include any or
all of the following conditions, if they find it necessary to meet
the intent and purpose and the criteria for approval of this Zoning
Ordinance. Any condition of approval must substantially advance a
legitimate public interest and the cost of the condition must be roughly
proportional to the public interest served.
1.
Require such modifications in the landscaping plan as will insure
proper screening, aesthetic appearance, and use of appropriate material
within the right-of-way.
2.
Require the retention of existing trees, rocks, water ponds, or courses
and other natural features.
3.
Require the retention and restoration of existing historically significant
structures on the project site.
4.
Require the modification or revision of the design or remodeling
of structures, signs, accessory buildings, etc., to be consistent
with all city codes, ordinances, policies and guidelines.
5.
Require on-site fire protection during the construction phase of
a project.
6.
Require placing all utilities underground.
7.
Require new developments to provide limited controlled access onto
a public street by means of traffic signals, traffic controls and
turning islands, landscaping, or any other means necessary to insure
the viability, safety, and integrity of the public street as a true
corridor. In some cases, the city may require the developer to provide
off-site improvements and right-of-way consideration, including, but
not limited to, water, sanitary sewer, storm drainage, street improvements,
pedestrian ways, lighting and signalization. The city may require
the developer to also furnish the city with appropriate engineering
studies regarding the various impacts that the development might have
on the city's public facilities as per the city's standards
for design and construction.
8.
Require on-site pedestrian access and connectivity to adjacent facilities,
separate pedestrian access ways, and sidewalks/bike paths.
(e)
Permit Issuance for Major Site Plans. The Site Development Review
Committee shall issue a permit for the development upon a finding
that all applicable city regulations and guidelines of this section
have been adhered to.
(4)
Appeals. Any applicant for site plan approval may file an appeal
when aggrieved by a decision or interpretation made by the Site Development
Review Committee.
(a)
A written appeal and payment of a fee as prescribed by the City Council
must be received in the office of the City Manager within 30 days
from the time the officer(s) charged with the enforcement of this
section have made a written interpretation or determination on the
site plan application.
(b)
The City Manager shall review the appeal and transmit the appeal
and associated materials to the City Council.
(c)
The City Council shall act on the appeal within 30 days following
receipt of the appeal by the City Manager.
(d)
Decisions by the City Council shall be by resolution. The basis for
the decision on each appeal and a detailed summary of the facts and
basis supporting such determination shall be recorded in the decision
and shall constitute a part of the record thereof.
(Ord. 1677, 7-19-2010; amd. Ord. 1744, 10-6-2014)
Special events such as car shows, boat shows, RV shows, carnivals,
concerts and similar outdoor activities are permitted in the "B,"
"I," and "P" zones provided they do not exceed
7 days in a one month period.
(Ord. 1677, 7-19-2010)
Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with access to an approved private
street, and all structures shall be located on lots as to provide
safe convenient access for servicing, fire protection, and required
off-street parking.
(Ord. 1677, 7-19-2010)
Sublots may be created in any zoning district other than the
R-1. Sublots are subject to subdivision approval and, if required,
a conditional use permit.
(1)
Site Requirements.
(a)
The allowable number of sublots shall be determined by dividing the
gross area of the parent lot by the density limits of the applicable
zoning district. In the event that the design utilizes common ownership
of common areas, the area of the lot(s) plus the common area shall
be divided by the density limits of the applicable zoning district
to determine the allowable number of sublots.
(b)
In no case, however, shall a sublot located in an "R"
or "RA" zone have more than one dwelling unit thereon.
(2)
Building Limitations.
(a)
The yard, height, and area requirements of the district shall apply
to the entire area of the parent lot.
(b)
Common ownership of the yards is permitted.
(c)
The shared interior property boundary(ies) is/are required to be
developed at a zero lot line.
(d)
Sublots shall not be used to develop detached units. (See Figure
2 below)
(Ord. 1677, 7-19-2010)
In any residential district, fences, signs, walls, hedges, or
other planting may be permitted in any required yard, provided that
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as materially to impede a clear vision triangle. (See definitions).
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Figure 2: Sublots
 |
(Ord. 1677, 7-19-2010)
