Ordinance - 1978 - 40 - Zoning Ordinance, Definitions, Administration, Districts, Maps Etc. - 10/23/1978ORDINANCE NO. 40
AN ORDINANCE FOR THE CITY OF EAGLE, ADA COUNTY, IDAHO PROVIDING FOR
THE ESTABLISHMENT OF ZONING REGULATIONS WITHIN THE CITY: PROVIDING FOR
THE TITLE, INTERPRETATION AND ENACTMENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ADMINISTRATION; PROVIDING FOR ESTABLISHMENT AND PURPOSE
OF DISTRICTS: PROVIDING FOR OFFICIAL ZONING MAP: PROVIDING FOR DISTRICT
REGULATIONS; PROVIDING FOR OFFICIAL HEIGHT AND AREA REGULATIONS; PROVIDING
FOR FLOOD PLAIN OVERLAY DISTRICT (FP); PROVIDING FOR DESIGN REVIEW OVER-
LAY DISTRICT (DR); PROVIDING FOR PERFORMANCE STANDARDS: PROVIDING FOR
SPECIAL USE PERMITS; PROVIDING FOR PLANNED UNIT DEVELOPMENT (PUD); PRO-
VIDING FOR NON -CONFORMING USES: PROVIDING FOR OFF-STREET PARKING AND
LOADING FACILITIES; PROVIDING FOR APPEAL, VARIANCE AND ACTION BY AFFECTED
PERSONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR AMENDMENT: AND PROVIDING
FOR EFFECTIVE DATE.
SECTION A. TITLE
This Ordinance shall be known as the "Zoning Ordinance of the
City of Eagle", Idaho.
SECTION B. AUTHORITY
This Zoning Ordinance is adopted pursuant to authority granted by
Title 67, Chapter 65 of the Idaho Code and Article 12, Section 2 of the
IDAHO CONSTITUTION, as amended or subsequently codified.
SECTION C. PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and the general welfare. Whenever
the requirements of this Ordinance conflict with the requirements -of any
other lawfully adopted rules, regulations, ordinances or resolutions, the
most restrictive or that imposing the higher standards shall govern.
SECTION D. Should any section or provision of this Ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Ordinance as a whole or any part thereof other
than the part so declared to be unconstitutional or invalid.
SECTION F. REPEAL OF CONFLICTING ORDINANCE - EFFECTIVE DATE
All Ordinances or parts of. Ordinances in conflict with this Zoning
Ordinance or inconsistent with the provisions of this Ordinance are
hereby repealed to the extent necessary to give this Ordinance full force
and effect. This Ordinance shall become effective from and after the
date of its approval and adoption, as provided by law.
Y*
ARTICLE I
Section A.
Section B.
ARTICLE II
Section A.
Section B.
ARTICLE III
Section A.
Section B.
ARTICLE IV
Section A.
Section B.
ARTICLE V
Section A.
Section B.
ARTICLE VI
ARTICLE VII
ARTICLE VIII
Section
Section
Section
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
F.
G.
H.
CONTENTS
ZONING ORDINANCE FOR EAGLE, IDAHO
PUBLISHED OCTOBER 1978
DEFINITIONS
Interpretation of Terms or Words 1
Meaning of Terms or Words 1
ADMINISTRATION
General 11
Administrator 11
ESTABLISHMENT, PURPOSE AND SPECIFIC RESTRICTIONS OF DISTRICTS
Intent 12
Zoning Districts 12
PROVISIONS FOR OFFICIAL ZONING MAP
Official Zoning Map 14
Interpretation of District Boundaries 14
DISTRICT REGULATIONS
Compliance with Regulations 15
Official Schedule of District Regulations Adopted 15
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS 16
OFFICIAL HEIGHT AND AREA REGULATIONS 19
FLOOD PLAIN OVERLAY DISTRICT (FP)
Purpose 21
Uses 21
Conditional Use 21
Storage of Materials and Equipment 22
Other Consideration 22
Non -Liability Clause 23
Restrictions 23
Prohibited Uses 23
ARTICLE IX DESIGN REVIEW OVERLAY DISTRICT (DR)
Sectio:l A.
Section B.
Section C.
Section D.
Section E.
Section F.
Purpose 24
Uses 24
Design Review Application Required 24
Design Review Consideration 24
Action by Commission and Council 25
Notification to Applicant 25
EFFECTIVE DATE
SECTION A. EFFECTIVE DATE
This Ordinance shall be in full force and effect upon publication
following passage and approval.
Regularly passed and approved by the Eagle City Council on the
18th day of October , 1978.
,Approved
o 4.1�i
ARTICLE X
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
ARTICLE XI
Section A.
Section B.
Section C.
Section D.
Section E.
Section F.
Section G.
Section H.
ARTICLE XII
Section A.
Section B.
Section C.
Section D.
Section E.
Section F.
Section G.
Section H.
Section I.
Section J.
Section K.
Section L.
Section M.
Section N.
Section 0.
Section P.
Section
Section
Section
0.
R.
S.
ARTICLE XIII
Section
Section
Section
Section
Section
Section
Section
Section
A.
B.
C.
D.
F.
E.
G.
H.
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PERFORMANCE STANDARDS
General 26
Supplemental Yard and Height Regulations 26
Supplmental General Provisions 27
Provisions for Commercial and Industrial Uses 27
Provisions for Unique Land Uses 28
CONDITIONAL USE
General 34
Contents of. Application for Conditional Use Permit 34
General Standards Applicable to All Conditional Uses 34
Public Sites and Open Spaces 35
Supplementary Conditions and Safeguards 36
Procedure for Hearing, Notice 36
Action by the Commission and Council 36
Notification to Applicant 37
PLANNED UNIT DEVELOPMENTS (PUD)
Purpose 38
Provisions Governing Planned Unit Development 38
Minimum Area 38
Uses Permitted 38
Ownership Requirements 39
Common Open Space 39
Utility Requirements 39
Increased Residential Density 39
Arrangement of Commercial Uses 40
Arrangement of Industrial Uses 40
Procedure for Approval of a PUD 41
Pre -Application Meeting 41
Contents of Application for Approval of
Preliminary Development Plan 41
Procedure for Public Notice 42
Approval in Principle by the Council and Commission 42
Contents of Application for Approval of
Final Development Plan 42
Recommendation by Commission 43
Action by the Council 44
Expiration and Extension of Approval Period .. 44
NON -CONFORMING USES
Intent 45
Incompatibility of Non -Conforming Uses 45
Avoidance of Undue Hardship 45
Single Non -Conforming Lots of Record 45
Non -Conforming Uses of Structures or of Structures
and Land in Combination 46
Non -Conforming Lots of Record in Combination 45
Repairs and Maintenance 46
Uses Under Conditional Use Provisions Not
Non -Conforming Uses 47
ARTICLE XIV OFF-STREET PARKING AND LOADING FACILITIES
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
ARTICLE XV
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
ARTICLE XVI
Section
Section
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
F.
G.
Section H.
Section I.
Section J.
Section K.
ARTICLE XVII
Section
Section
Section
Section
Section
Section
Section
Section
Section
A.
B.
C.
D.
E.
F.
G.
H.
I.
General Requirements 48
Standards 48
Off -Street Parking Design and Dimensional Tables 50
Parking Space Requirements 51
General Interpretations 53
APPEAL, VARIANCE AND ACTION BY AFFECTED PERSONS
General 54
Administrative Appeals 54
Stay of Proceedings 54
Variance 54
Application and Standards for Variances 54
Supplementary Conditions and Safeguards 55
Public Hearing 55
Action by the Council 55
Notification to Applicant 55
Request for Hearing by Affected Persons 56
ENFORCEMENT
Zoning Permits Required 57
Contents of Application 57
Approval of Zoning Permit 57
Expiration of Zoning Permit 57
Certificate of Occupancy 58
Temporary Certificate of Occupancy 58
Record of Zoning Permits and Certificates
of Occupancy 58
Failure to Obtain a Zoning Permit or
Certificate of Occupancy 58
Construction and Use to be as Provided in Applications,
Plans, Permits and Certificates 58
Complaint Regarding Violations 58
Penalties 58
AMENDMENT
General 60
Initiation of Zoning Amendments 60
Contents of Application 60
Transmittal to Commission 60
Commission Public Hearing 61
Recommendation by Commission 61
Action by Council 62
Resubmission of Application 62
Zoning Upon Annexation 62
ARTICLE I
DEFINITIONS
SECTION A. INTERPRETATION OF TERMS OR WORDS
For the purpose of this Ordinance, certain terms or words used herein shall be
interpreted as follows:
1. The word "person" includes a firm, association, organization, part-
nership, trust, company or corporation, as well as an individual.
2. The present tense includes the future tense, the singular number
includes the plural and the plural number includes the singular.
3. The word "shall" is a mandatory requirement, the word "may" is a
permissive requirement and the word "should" is a preferred
requirement;
4. The words "used" or "occupied" include the words "intended, designed
or arranged to be used or occupied"sand
5. The word "lot" includes the words "plot", "parcel" and "tract".
SECTION B. MEANING OF TERMS OR WORDS
Accessory Use or Structure - A use or structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use or
structure,.
Administrator - An official having knowledge in the principles and practices
of zoning who is appointed by the Council to administer this Ordinance.
Agriculture and Forest - The use of land for farming, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture, animal and poultry
husbandry and the necessary accessory uses for packing treating or storing
the produce, provided, however, that:
a. The operation of any such accessory uses shall be secondary to that
of normal agricultural activities: and
b. The above uses shall not include the feeding or sheltering of animals
or poultry in penned enclosures within one hundred (100) feet of any residential
zoning district. Agriculture does not include the operation or maintenance
of a commercial stockyard or feedyard where large numbers of livestock are
fed concentrated feeds particularly for the purpose of fattening for market.
Automotive Repair - The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service painting and steam cleaning of
vehicles.
Automotive, Mobile Home, Travel Trailer and Farm Implement Sales - The
sale or rental of new and used motor vehicles, mobile homes, travel trailers or
farm implments, but not including repair work except incidental warranty
repair of same, to be displayed and sold on the premises.
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Automotive Wrecking - The dismantling or wrecking of two (2) or more used
motor vehicles, mobile homes, trailers or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Basement - A dwelling unit all or partly underground but having at least
one half (1/2) of its height below the average level of the adjoining ground.
Building - Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels or property of any kind.
Building, Accessory - A subordinate building detached from, but located on
the same lot as the principal building, the use of which is incidental and
accessory to that of the main building or use.
Building, Height - The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs and the
top of building walls for gable, hip and gambrel roofs.
Building, Principal - A building in which is conducted the main or principal
use of the lot on which said building is situated.
Clinic - A building used for the care, diagnosis and treatment of sick
ailing, infirm or injured persons and those who are in need of medical and
surgical attention; but which building does not provide board, room or
regular hospital care and services.
Club - A building or portion thereof or premises owned or operated by an
organized association of persons for a social, literary, political, education
or recreational purpose primarily for the exclusive use of members and
their guests; but still not including any organization, group or association,
the principal activity of which is to render a service usually and ordinarily
carried on as a business.
Commercial Entertainment Facilities - Any profit-making activity which is
generally related to the entertainment field, such as motion picture theaters,
carnivals, nightclubs, cocktail lounges and similar entertainment activities.
Commission - The Zoning, Planning and Zoning, Joint Zoning or Joint Planning
and Zoning Commission appointed by the Council.
Comprehensive Plan - A plan, or any portion thereof, adopted by the Council
including such things as the general location and extent of present and proposed
physical facilities including housing, industrial and commercial uses, major
transportation, parks, schools and other community facilities.
Conditional Use - A use permitted within a district, other than a
principally permitted use, requiring a permit and approval of the Council.
Uses permitted in each district are listed in the Official Schedule of
District Regulations.
Council - The City Council.
Density - A unit of measurement; the number of dwelling units per acre
of land.
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a. Gross Density - the number of dwelling units per acre of total land to be
developed, including public right-of-way.
b. Net Density - the number of dwelling units per acre of land when the
acerage involved includes only the land devoted to residential uses,
excluding public right-of-way.
Dwelling Unit - Space within a dwelling comprising living, dining, sleeping
room or rooms, storage closets, as well as space and equipment for cooking,
bathing and toilet facilities, all used by only one (1) family and its
household employees.
Dwelling, Single Family - A dwelling consisting of a single dwelling unit
only, separated from other dwelling units by open space.
Dwelling, Two -Family - A dwelling consisting of two (2) dwelling units
which may be either attached side by side or one (1) above the other.
Dwelling, Multi -Family - A dwelling consisting of three (3) or more dwelling
including howniohses'and-condominiums with varying arrangements of entrances
and party walls. Multi -family housing may include public housing and indus-
trialized units.
Dwelling, Rooming House (Boarding House, :odgiing House, Dormitory) - A
dwelling or part thereof, other than a hotel, motel or restaurant, where meals
and/or lodging are provided for compensation for three (3) or more unrelated
persons where no cooking or dining facilities are provided in the individual
rooms.
Easement - Authorization by a property owner for the use by another, and
for a specified purpose, of any designated part of his property.
Family - One (1) or more persons occupying a single dwelling unit, provided
that all members are related by blood, adoption or marriage.
Flood Plain - The relatively flat area or low land adjoining the channel
of a river, stream, lake or other body of water which has been or may be covered
by water of a flood of one hundred (100) year frequency. The flood plain
includes the channel, floodway and floodway fringe, as established per the
engineering practices as specified by the Army Corps of Engineers, as follows:
a. "Flood of one hundred (100) year frequency" shall mean a flood magnitude
which has a one percent (1%) chance of being equalled or exceeded
in any given year;
b. "Flood" shall mean the temporary inundation of land adjacent to and
inundated by overflow from a river, stream, lake or other body of water;
c. "Channel" shall mean a natural or artifical watercourse of perceptible
extent, with definite bed and banks to confine and conduct continuously
or periodically flowing water;
d. "Floodway" shall mean the channel or a watercourse and those portions
of the flood plain adjoining the channel which are reasonably required to
carry and discharge the flood water of any watercourse;and
3
e. "Floodway fringe" shall mean that part of the flood plain which is beyond
the floodway. Such areas will include those portions of the flood plain
which will be inundated by a flood of one hundred (100) year frequency.
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Frontage Road - A road which has unlimited access to collector and
access streets but has limited access to arterial streets. Access onto
arterial streets is limited to 1500 feet between points.
Garage, Service Station - Buildings and premises where gasoline, oil, grease,
batteries, tires and motor vehicle accessories may be supplied and dispensed
at retail and where, in addition, the following services may be rendered and
sales made:
a. Sales and service of spark plugs, batteries and distributors parts;
b. Tire servicing and repair, but not recapping or regrooving;
c. Replacement of mufflers and tail pipes, water hose, fan belts,
brake fluid, light bulbs, fuses, floormats, seat covers, windshield
wipers and blades, grease retainers, wheel bearings, mirrors and
the like;
4
d. Radiator cleaning and flushing;
e. Washing, polishing and sale of washing and polishing materials;
f. Greasing and lubrication;
g. Providing and repairing fuel pumps, oil pumps and lines;
h. Minor servicing and repair of carburetors;
i. Adjusting and repairing brakes;
j. Minor motor adjustment not involving removal of the head or crank-
case or racing the motor;
k. Sales of cold drinks, packaged food, tobacco and similar convenience
goods for service station customers, as accessory and incidental
to principal operations.
1. Provisions of road maps and other informational material to customers -
provision of rest room facilities;and
m. Warranty maintenance and safety inspections.
Uses permissible at a filling station do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of auto-
mobiles not in operating condition or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than normally
found in filling stations. A filing station is not a repair garage nor a
body shop.
Health Authority - The Local District Health Department or State Department
of Health and Welfare that has jurisdictional authority.
Home Occupation - Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental and
secondary to the use of the structure for dwelling purposes and which use does
not change the character thereof or does not adversely affect the uses permitted
in the zone of which it is a part.
Hotel or Motel and Apartment Hotel - A building in which lodging or boarding
and lodging are provided and offered to the public for compensation. As such,
it is open to the public in contradistinction to a boarding house, rooming
house, lodging house or dormitory which is herein separately defined.
Institution - Building and/or land designed to aid individuals in need of
mental, therapeutic, rehabilitative counseling or other correctional services.
Junk Buildings, Junk Shops, Junk Yards - Any land, property, structure,
building or combination of the same, on which junk is stored or processed.
Kennel - "For hobby, commercial or boarding purposes" - Any lot or
premises or portion on which three (3) or more dogs, cats and other
household domestic animals are maintained, harbored, posessed, boarded, bred
or cared for in return for compensation or kept for sale and may also include
private or publicly owned, operated or managed "dog -pound."
Loading Space, Off -Street - Space logically and conveniently located for
hulk pickups and deliveries, scaled to delivery vehicles expected to be used,
and accessible to such vehicles when required off-street parking spaces are
filled. Required off-street loading space is not to be included as off-street
parking space in computation of required off-street parking space. All off-
street loading spaces shall be located totally outside of any street or alley
right-of-way.
Lot - For the purposes of this Ordinance, a lot is a parcel of land of
sufficient size to meet minimum zoning requirements for use, coverage and
area, and to provide such yards and other open spaces as are herein required.
Such lot shall have frontage on an improved public street, or on an approved
private street, and may consist of:
a. A single lot of record;
b. A portion of a lot of record; and
c. A combination of complete lots of record, or of portions of lots
of record.
Lot Coverage - The ratio of enclosed ground floor area of all buildings
on a lot to the horizontally projected area of the lot, expressed as a
percentage.
Lot Frontage - The front of a lot shall be construed to be the portion
nearest the street. For the purpose of determining yard requirements on
corner lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage and yards shall be provided as indicated under "Yards"
in this section.
Lot, Minimum Area of - The area of a lot is computed exclusive of any portion
of the right-of-way of any public or private street.
Lot of Record - A lot which is part of a subdivision recorded in the Office
of the County Recorder; or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
Lot Types - Terminology used in this Ordinance with reference to corner lots,
interior lots and through lots is as follows -
a. Corner Lot - A lot located at the intersection of two (2) or more
streets;
b. Interior Lot - A lot with only one (1) frontage on a street;
c. Through Lot - A lot other than a corner lot with frontage on more
than one (1) street. Through lots abutting two (2) streets may be
referred to as double frontage lots; and
d. Reversed Frontage Lot - A lot on which frontage is at right angles
to the general pattern in the area. A reversed frontage lot may
also be a corner lot.
Manufacturing, Heavy - Manufacturing, processing, assembling, storing,
testing and similar industrial uses which are generally major operations and
extensive in character require large sites, open storage and service areas,
extensive services and facilities, ready access to regional transportation
and normally generate some nuisances such as smoke, noise, vibration, dust,
glare, air pollution and water pollution, but not beyond the district boundary.
Manufacturing, Light - Manufacturing or other industrial uses which are
usually controlled operations; relatively clean, quiet and free of objection-
able or hazardous elements such as smoke, noise, odor or dust; operating and
storing within enclosed structures and generating little industrial traffic
and no nuisances.
Manufacturing, Extractive - Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of aiy mineral natural resource.
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Mobile Home - A detached single-family dwelling unit with all of the follow-
ing characteristics:
a. Designed for a long-term occupancy and containing sleeping accommo-
dations, a flush toilet, a tub or shower bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems;
b. Designed to be transported after fabrication on its own wheels, or
on flatbed or other trailers or detached wheels; and
c. Arriving at the site where it is to be occupied as a dwelling
complete, including major appliances and furniture and ready for
occupancy except for minor and incidental unpacking and assembly
operations, location on foundation supports, connection to utilities?
and the like.
Mobile Home Court - Any site or tract of land whereupon two (2) or more
mobile homes or travel trailers are placed, located and maintained for dwelling
purposes on a temporary basis.
Mobile Home Park - Any site or tract of land under single ownership, upon
which two (2) or more mobile homes habitation are parked, either free of charge
or for revenue purposes; including any roadway, building, structure, vehicle
or enclosure used or intended for use as a part of the facilities of such park.
Mobile Office - A detached mobile unit not intended for occupancy as a
dwelling unit designed to be transported after fabrication on its own wheels,
or on flatbed or other trailers or detached wheels. Use of a mobile office
at other than a construction site requires a Conditional Use Permit.
Modular Home - Constructed with standardized units or dimensions for
flexibility and variety in use.
Non -Conforming Use - A building, structure or use of land existing at the
time of enactment of this Ordinance, and which does not conform to the regula-
tions of the district in which it is situated.
Nursery, Home for the Aged - A home or facility for the care and treatment
of more than five (5) pensioners or elderly people.
Nursery, for Children - A place, home or facility providing care for more
than five (5) children of pre-school age.
Nursery, Plant Materials - Land, building, structure or combination thereof
for the storage, cultivation, transplanting of live trees, shrubs or plants
offered for retail sale on the premises including products used for gardening
or landscaping.
Open Space - An area substantially open to the sky which may be on the same
lot with a building. The area may include, along with the natural environmental
features, water areas, swimming pools, tennis courts and any other recreational
facilities that the Council deems permissive. Streets, parking areas, strnctutes
for habitation and the like shall not be included.
Parking Space, Off -Street - For the purpose of this Ordinance, an off-street
parking space shall consist of an area adequate for parking an automobile with
room for opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room; but, shall be located totally
outside of any street or alley right-of-way.
Performance Bond or Surety Bond. - A financial guarantee by a subdivider or
developer with the City in the amount of the estimated construction cost
guaranteeing the completion of physical improvements, according to plans and
specifications within the time prescribed by the agreement.
Personal Services - Any enterprise conducted for gain which primarily offers
services to the general public such as shoe repair, watch repair, barber shops,
beauty parlors and similar activities.
Planned Unit Development - An area of land in which a variety of residential,
commercial and industrial uses developed under single ownership or control are
accommodated in a pre -planned environment with more flexible standards, such as
lot sizes and setbacks, than those restrictions that would normally apply under
these regulations.
Professional Activities - The Use of office and related spaces, for such
professional services as are provided by medical practitioners, lawyers,
architects, engineers and similar professions.
Public Service Facility - The erection, construction, alterations operation
or maintenance of buildings, power plants or substations, water treatment plants
or pumping stations, sewage disposal or pumping plants and other similar public
service structures by a public utility, by a railroad whether publicly or
privately owned, or by a municipal or other government agency, including the
furnishing of electrical, gas, rail transport, communication, public water and
sewage services.
Public Uses - Public parks, schools, administrative and cultural buildings
and structures, not including public land or buildings devoted solely to the
storage and maintenance of equipment and materials and public service facilities.
Quasipublic Use - Churches, Sunday schools, parochial schools, colleges,
hospitals and other facilities of an educational, religious, charitable, philan-
thropic or non-profit nature.
Research Activities - Research, development and testing related to such fields
as chemical, pharmaceutical, medical, electrical, transportation and engineering.
Roadside Stand - A temporary structure designed or used for the display or
sale of agricultural and related products, the majority of which have been
grown on adjacent land.
Right -of -Way - A strip of land taken or dedicated for use as a public way.
In addition to the roadway, it normally incorporates the curbs, lawn strips,
sidewalks, lighting and drainage facilities, and may include special features
(required by the topography or treatment) such as grade separation, landscaped
areas, viaducts and bridges.
Seat - For purposes of determining the number of off-street parking spaces
for certain uses, the number of seats is the number of seating units installed or
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indicated or each twenty-four (24) lineal inches of benches, pews or space
for loose chairs.
Setback Line - A line established by the Zoning Ordinance, generally parallel
with and measured from the lot line, defining the limits of a yard in which no
building or structure may be located above ground except as may be provided in
said code.
Sidewalk - the portion of the road right-of-way outside the roadway which
is improved for the use of pedestrian traffic.
Sign - Any device designed to inform or attract the attention of persons not
on the premises on which the sign is located.
a. Sign, On -Premises - Any sign related to a business or profession
conducted, or a commodity or service sold or offered upon the premises
where such sign is located.
b. Sign - Off -Premises - Any sign unrelated to a business or profession
conduted, or to a commodity or service sold or offered upon the
premises where such sign is located.
c. Sign - Illuminated - Any sign illuminated by electricity, gas or
other artifical light including reflecting or phosphorescent light.
d. Sign, Lighting Device - Any light, string of lights or group of
lights located or arranged so as to cast illumination on a sign.
e. Sign, Projecting - Any sign which projects from the exterior of a
building.
Story - That part of a building between the surface of a floor and the ceiling
immediately above it.
Street - A right-of-way which provides vehicular and pedestrian access to
adjacent properties, the dedication of which has been officially accepted. The
term "street" also includes the terms highway, thoroughfare, parkway, road,
avenue, boulevard, lane, place or other such terms.
a. Access - A minor street which has the primary purpose of providing
access to abutting properties.
b. Alley - A minor street providing secondary access at the back or
side of a property otherwise abutting a street.
c. Arterial - Provides access from one part of the community to
another and also provides for the movement of vehicles through the
community.
d. Collector - Accomodates circulation within and between neighborhoods.
e. Private - A street that is not accepted for public use or maintenance
which provides vehicular and pedestrian access.
Structure - Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location on
the ground. Among other things, structures include buildings, mobile homes,
walls, fences and billboards.
Supply Yards - A commercial establishment storing and offering for sale
building supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods.
Use - The specific purposes for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
9
Variance - A variance is a modification of the requirements of the Ordinance
as to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings or other Ordinance provision
affecting the size or shape of a structure or the placement of the structure
upon lots, or the size of lots. A variance shall not be considered a right or
special privilege, but may be granted to an applicant only upon a showing of
undue hardship because of characteristics of the site and that the variance is
not in conflict with the public interest.
Veterinary Animal Hospital or Clinic - A place used for the care, grooming,
diagnosis and treatment of sick, ailing, infirm or injured animals, and those
who are in need of medical or surgical attention and may include overnight
accommodations on the premises for the treatment, observation and/or recuperation.
It may also include boarding that is incidental to the primary activity.
Vicinity Map - A drawing which sets forth by dimensions or other means the
relationship of the proposed development to other nearby developments or
landmarks and community facilities and services within the general area in
order to better locate and orient the area in question.
Walkway - A public way, four (4) feet or more in width, for pedestrian use
only, whether or not along the side of a road.
Yard - A required open space, other than a court, unoccupied and unobstructed
by any structure or portion of a structure from three (3) feet above the
general ground level of the graded lot upward; provided, accessories, ornaments
and furniture may be permitted in any yard, subject to height limitations and
requirements limiting obstruction of visibility.
a. Yard Front - A yard extending between side lot lines across the front
of a lot and from the front lot line to the front of the principal
building.
b. Yard, Rear - A yard extending between side lot lines across the rear
of a lot and from the rear lot line to the rear of principal building.
c Yard, Interior Side - A yard extending from the principal building
to the side lot line on both sides of the principal building
between the lines establishing the front and rear yards.
d. Yard, Street Side - A yard extending from the principal building to
the secondary street that adjoins the lot between the lines establishing
the front and rear yards.
Zoning Permit - A document issued by the Administrator authorizing the uses
of land and structures, and the characteristics of the uses.
10
ARTICLE II
ADMINISTRATION
SECTION A. GENERAL
For the purpose of carrying out the provisions of this Ordinance, an
Administrator is hereby created.
SECTION B. ADMINISTRATOR
The Council shall appoint an Administrator to administer this Ordinance.
The Administrator may be provided with the assistance of such other persons
as the Council may direct.
For the purpose of this Ordinance, the Administrator shall have the following
duties:
1. Advise interested persons of the Zoning Ordinance provisions;
2. Notify the news media regarding matters of public interest:
3. Aid applicants in the preparation and expedition of required
applications;
4. Issue zoning permits, certificate of occupancy permits, notifications
and such similar administrative duties:
5. Investigate all violations of this Ordinance and notify in writing
the person responsible for such violation(s), ordering the action
necessary to correct such violation; and
6. Assist the Council in carrying out the provisions of this Ordinance.
11
ARTICLE III
ESTABLISHMENT, PURPOSE AND SPECIFIC RESTRICTIONS OF DISTRICTS
SECTION A. INTENT
The following zoning districts are hereby established. For the interpretation
of this Ordinance the zoning districts have been formulated to realize the
general purposes as set forth in this Ordinance. In addition, the specific
purpose of each zoning district shall be as stated.
SECTION B. ZONING DISTRICTS
1. Agricultural (A) District - The purpose of the A District is to preserve
and'-prbtedt the decreasing supply of prime agricultural land. This
district also is established to control the infiltration of urban
development into agricultural areas which will adversely affect
agricultural operations.
2. Residential District (R-) - The purpose of the R -District Classification
is to provide regulations and districts for various residential
neighborhoods. Density in an R -District shall be determined according
to the numeral following the R. The numeral designates the maximum
number of dwelling units per acre. Centralized water and sewer facilities
are required in all districts exceeding one dwelling unit per net
acre (R-1).
3. Limited Office District (L-0) - The purpose of the L-0 District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic and
similar uses. Research uses shall not involve heavy testing operations
of any kind. Because such uses are generally large generators of traffic,
this district must have direct access and egress to an arterial or
collector thoroughfare. The L-0 District is also designed to act as
a buffer between other more intense non-residential uses and high
density residential uses, and is thus a transitional use.
4. Neighborhood Business District (C-1) - The purpose of the C-1 District
is to permit the establishment of convenience business uses which tend
to meet the daily needs of the residents of an immediate neighborhood.
Such districts shall be strategically located with access to a collector
thoroughfare. Marginal strip development shall be prohibited.
5. Area Business District (C-2) The purpose of C-2 District is to permit
the establishment of general business uses that are larger in scale
than a neighborhood business and smaller in scale than a central
business district. Activities in this district are often large space
users and the customers using such facilities generally do not make
frequent purchases. Shopping centers will be the predominant build-
ing approach. Strip development shall be prohibited. This district
should be located on arteria] thoroughfares.
12
6. Service Business District (C-3) - The purpose of the C-3 District is to
permit the establishment of areas for highway and service business
uses only. This district is specifically designed in clusters to service
the motoring public. This district is generally associated with inter-
change areas along the major limited access highways.
7. Central Business District (CBD) - The purpose of the CBD District is to
accommodate and encourage further expansion and renewal in the historical
core business area of the community. A variety of business, public,
quasi -public, cultural, residential and other related uses are encouraged
in an effort to provide the mix of activities necessary to establish a
truly urban character.
8. Light Manufacturing District (M-1) - The purpose of the M-1 District
is to encourage the development of manufacturing and wholesale business
establishments which are clean, quiet and free of hazardous or objection-
able elements such as noise, odor, dust, smoke or glare that is
operated entirely within enclosed structures and generate little industrial
traffic. Research activites are encouraged. This district is further
designed to act as a transitional use between heavy manufacturing uses
and other less intense business and residential uses.
9. Heavy Manufacturing District (M-2) - The purpose of the M-2 District
is to encourage the development of major manufacturing, processing,
warehousing and major research and testing operations. These activities
require extensive community facilities and reasonable access to arterial
thoroughfares.
10. Extractive Manufacturing District (M-3) - The purpose of the M-3 District
is to provide land for the mining, processing and storage of mineral
resources. This district is designed to assure that these resources
be properly managed and all land be reclaimed so as not to create a
hazard or nuisance which either immediately or in the future adversely
affects the health, safety or general welfare of the community.
11. Flood Plain Overlay District (FP) - The purpose of the FP District is to
guide development in the flood prone areas of any water course that are
consistant with the requirements for the conveyance of flood flows, and
to minimize the expense and inconveniences to the individual property
owners and the general public through flooding. Uses permitted in this
district are generally associated with open space, recreational and
agricultural land uses and shall not hinder the movement of flood-
waters. The FP District is superimposed over other districts.
12. Design Review Overlay District (DR) - The purpose of the DR District
is to guide the general appearance of building and improvements to
achieve the objectives of the Comprehensive Plan or other development
plans as adopted by the Council. The DR District is superimposed
over other districts.
13
ARTICLE IV
PROVISIONS FOR OFFICIAL ZONING MAP
SECTION A. OFFICIAL ZONING MAP
The districts established in Article III of this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance.
SECTION B. INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists with respect to the boundaries of any of the
zoning districts as shown on the Official Zoning Map, the .following shall
apply:
1. Where district boundaries are indicated as approximately following
the center line of street lines, highway right-of-way lines, streams,
lakes or other bodies of water, the center line shall be construed
to be such boundary;
2. Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be
said boundaries;
3. Where district boundaries are so indicated that they are approximately
parallel to the center lines or street lines of streets, or the
center lines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at such
distance therefrom as indicated on the Official Zoning Map. If
no distance is given, such dimensions shall be determined by the
use of the scale shown on the Official Zoning Map; and
4. Where the boundary of a district follows a railraod line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
14
ARTICLE V
DISTRICT REGULATIONS
SECTION A. COMPLIANCE WITH REGULATIONS
The regulations for each district set forth by this Ordinance shall be
minimum regulations and shall apply uniformly to each class or kind of
structure or land, except as hereinafter provided;
1. No building, structure or land shall be used or occupied and no
building or structure or part thereof shall be erected, constructed,
reconstructed, moved or structually altered except in conformity
with all of the regulations herein specified for the district in
which it is located;
2. No building or other structure shall be erected or altered
a. To provide for greater height of bulk;
b. To accomodate or house a greater number of families•
c. To occupy a greater percentage of lot area; or
d. To have narrower or smaller rear yards, front yards, side
yards or other open spaces; than herein required, or in any
other manner be contrary to the provisions of this Ordinance;
and
3. No yard or lot existing at the time of passage of this Ordinance
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date
of this Ordinance shall meet at least the minimum requirements
set forth herein.
SECTION B. OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED
District regulations shall be as set forth in the Official Schedule
of District Regulations and in the Performance Standards.
The Official Schedule of District Regulations is divided into four (4)
land use groups: Agricultural, Residential, Commercial and Industrial.
To determine in which district a specific use is allowed:
1. Find the use in one of the groups;
2. Read across the chart until either "P" or "C" appears in one (1)
of the columns; and
3. If "P" appears, the use in an allowed use; ;f "C" appears, the
use is only allowed upon the issuance of a conditional use permit.
The Administrator shall interpret the appropriate district for land uses
not specifically mentioned by determining the district in which similar uses
are permitted. When several combined land uses exist, or are proposed, the
most intensive land use shall be considered as the primary activity.
1.S
ARTICLE VI
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
LAND USES DISTRICTS
AGRICULTURAL
Agricultural and forest uses, general
Feed lot and stockyard
Road side stand
RESIDENTIAL
A [t- L C C CCB M M M
O 1 2 3 D 1 2 3
P
C C C C C
P C C P P
Rooming -boarding house f' r r r r r
Single .family dwelling PP CC
Two family dwelling C 0 C ,C
Fraternity -sorority house -dormitory IC C C
Home occupation P 1P P P
Mobile home park r C C
Multi -family dwelling IP C C I
Planned unit development IC C C C C C C C
COMMERCIAL
Amusement centers, indoor only
Auto sales, service, storage, rental
Bakery or bakery goods store
Bank - savings and loan
Barber, beauty shop
Bowling alley
Building supply outlet
Car wash
Cabinet shop
Cemetery
Church
Cleaning, laundry agency
Dance, music, voice studio
Drive-in restaurant - food stand
Drive-in theatre
Drug store
Equipment rental and sales yard
Food store, delicatessen
Frozen food locker
Furniture refinishing
Furniture shop
Gift shop
Hotel
Hospital
Kennel
Laboratory- medical, dental, optical
Laundry, commercial plant
C
C
C
C
CCCC
CPPPPP
CPPPPP
P PPPP
CPPPP
CPPPP
P P P P
CPPPP
P PPP
C P
P P
C
C
C C
IC P
1
P P P
P PPP
P P P
P P P
CCCCC
P P P
C P C
P PPP
P PPP
P PPP
P PPP
P PPP
P PPP
CCCCC
C
P PPP
CPPPP
P - PERMITTED USES C -- CONDITIONAL USES
16
LAND USES DISTRICTSL
A •R- L C C C CB M M M
O 1 2 3 D 1 2 3
COMMERCIAL (Continued)
Laundromat - self service cleaner CPPPP
Mobile home court CCPP
Mortuary C
Motel PPPP
Nursing for children C C C
Nursery for flowers and plants PC PPPPPP
Nursing home for the aged C C
Office, medical, professional CPPPP
Parking lot, garage or facility CPPPPPP
Photographic studio PPPPP
Planned unit development
Prescription pharmacy,optician CPPPP
Printing and blueprinting CPPPP
Reducing salon - masseur PPPPP
Restauant - bar CPPPP
Retail stores and services CPPP
School, elementary - high school CC PPPPP
School, college PPPPP
Service station CPPP
Shop for building contractor P P P
Sign shop PPPP
Tire chop, oncluding recapping P P P P
Trailor, mobile home, farm implemen-
tation sales yard C P P P
INDUSTRIAL
Asphalt plant P P
Beverage bottling plant
Billboard manufacture C P
Chemical storage & manufacturing C C
Concrete batch plant P P
Cement or clay products mfg. P P
Contractors' storage yard P P P
Dairy products processing P P P
Food processing plant P P
Fuel yard C P
Grain storage C P P
Ice manufacture - cold storage plant C P
Junk yard C P
Lumber yard - retail P P
Machine shop P P P P
Meat packing plant C P
Monument works, stone C P
Petroleum storage C P P
Planned unit development
Planning mill P
17
LAND USES DISTRICTS
INDUSTRIAL (Continued)
Public utility yard
Railroad yard or shops
Rendering plant
Sanitary land fill
Terminal yard, trucking
Truck and tractor repair
Warehousing - whoesaling
Wood processing plant
Wrecking yard
A R- L C C C CB M M M
0 1 2 3 D 1 2 3
C P P
C P P
C
C C P
C P P
C C P
C P P
C P
C P
AR.TICLE VII
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Requirements* Maximum Minimum Lot
Maximum Interior Street Lot Cov. Area Per D. U.
District Height Front Rear Side** Side (in %) (in sq. ft.
A 60' 60' 30' 10' 45' (From 10%
road
centerline;
***** *** ****
R- 35' 20' 25' 7 1/2' 20' 40% 6,000 sq. ft.
L-0 35' 30' 20' 7 1/2' 20' 30% 2,000 sq. ft.
C-1 35' 15' None 0 10' 0 2,000 sq. ft.
C-2 60' 0 0 0 0 0 1,300 sq. ft.
C-3 60' 0 0 0 0 0 1,300 sq. ft.
CBD 80' 0 0 0 0 0 500 sq. ft.
M-1 60' 0 0 0 0 0 0
M-2 60' 0 0 0 0 0 0
M-3 60' 0 0 0 0 0 0
* Measured from the foundation to the property line. No portion of the
structure may extend more than 2' into the side yard setback.
**
* * *
5' per story setback for multi -story structures. Height not to exceed three (3)
stories (Except by Conditional Use Permit.)
Architectural Projects - open structures such as porches, canopies, balconies,
platforms, carports, covered patios and similar architectural projections
shall be considered parts of the building to which attached and shall not
project into the front yard and shall not project into the rear 15' of the
rear yard setback.
19
Street side setback on Arterial and Collector Streets is 25'.
***** Front yard setback from Arterial and Collector Streets is 30'.
ARTICLE VIII
FLOOD PLAIN OVERLAY DISTRICT (FP)
SECTION A. PURPOSE
The purpose of the FP District is to guide development in the floodway fringe
areas of any water course that flood flows, and to minimize the expense and
inconveniences to the individual property owners and the general public
through flooding. Uses permitted and conditional uses that are authorized
in this district are generally associated with open space, recreational and
agricultural land uses and shall not hinder the movement of floodwaters. The
FP District is superimposed over other districts.
SECTION B. USES
All uses are permitted in the respective districts with which the FP District
is combined with the exception that structure used in carrying out those permitted
activities must be approved by the Council under the Conditional Use Permit
procedure and deemed appropriate to be located within the floodway fringe.
SECTION C. CONDITIONAL USE
When authorized under the procedure provided for conditional uses in this
Ordinance, the following uses will be permitted in a Flood Plain Overlay Zone:
1. Structures used in carrying out permitted activities provided
detailed engineering data is supplied by the applicant who bears
the burden of proof that such structures can be located in areas of
plateaus, benches or upon man-made fills or can be otherwise elevated
so as not to be affected by flood waters, provided that:
a. Sewer and water systems shall be flood -proofed and approved by
the District Health Department of Department of Health and Welfare
that has jurisdiction; and
b. No building or structure shall be erected and no existing building
or structure shall be extended or moved unless the main floor
of said building or structure is placed a minimum of one (1)
foot above the elevation of the one hundred (100) year flood level.
No basement floor shall be below this one (1) foot safety margin.
Foundations of all structures shall be designed and constructed
to withstand flood conditions at the site: and
c. The applicant will provide an engineer's certification that the
above requirements have been fulfilled.
2. Other structures used in carrying out permitted activities provided
such structures will not be subject to substantial flood damage and
will not increase flood related damages on other lands. These may
include structures which can be readily removed from flood hazard
areas during periods of high water.
Conditions that may be required by the Council before it approves the use
of structures in a Flood Plan Overlay Zone shall include:
21
1. Limitations on periods of use and operation;
2. Imposition of deed restrictions.
3. Location and arrangement of structures within the floodway fringe
areas to avoid an increase in flood heights during the recurrence of
the one hundred (100) year flood discharge;
4. Placements of survey bench marks; and
5. Flood proofing measures designed to be consistent with all flood
protection elevation for a particular area:
a. Anchorage to resist floatation, collapse and lateral movement;
b. Installation of water -tight ddoes, bulkheAds and shutters;
c. Reinforcement of walls to resist water pressures;
d. Use of paints, membranes or mortars to reduce seepage of water
through walls;
e. Addition of mass or weight to structures to resist floatation;
f. Installation of pumps to lower water levels in structures;
g. Construction of on site water supply and waste treatment systems
to minimize or eliminate infiltration of flood waters into the
system and discharges from the system into flood waters;
h. Pumping facilities for subsurface external foundation wall and
basement flood pressures;
i. Construction to resist rupture or collapse caused by water pressure
or floating debris:
j. Cut-off valves on sewage lines or the elimination of gravity
flow basement drains; and
k. Location of on-site waste disposal systems so as to avoid im-
pairment of them or contamination from them during flooding.
SECTION D. STORAGE OF MATERIALS AND EQUIPMENT
Materials that are bouyant, flammable, ovnoxious, toxic or otherwise injurious
to tersons or property if transported by flood waters are prohibited. Storage
of materials and equipment not having these characteristics is permissable
only if the materials and equipment have low damage potential and are anchored
or are readily removable from the area within the time available after forecasting
and warning.
SECTION E. OTHER CONSIDERATION
The evaluation of the effect on a proposed use in the floodway fringe areas
causing increases in flood heights is based not just on the effect of the single
use acting alone but upon the reasonable assumption that obher land owners
within the flood plain may need to be allowed to develop to an equivalent extent
within the floodway fringe and, therefore, the accumulative effects of all
such encroachments must be considered by the Council in making any decision.
Construction materials which resist damage caused by flooding shall be used
in that portion of a structure subjected to flooding.
22
SECTION F. NON -LIABILITY CLAUSE
The granting of approval of any structure or use shall not constitute a
representation, guarantee or warranty of any kind or nature of the City or
by any officer or employee thereof, of the practicality or safety of any structure
or use proposed and shall create no liability upon or cause action against such
public body, officer or employee for any damage that may result pursuant thereto.
SECTION G. RESTRICTIONS
Restrictions regarding height, rear yards, side yards, front yard setback,
minimum lot area, signs, vision clearance and parking space shall be the same
as set forth in each specific district located within the Flood Plain Overlay
Zone area.
SECTION H. PROHIBITED USES
It shall be unlawful to erect, alter, maintain or establish in a Flood Plain
Overlay Zone any building, use or occupancy not permitted or allowed in the
foregoing provisions, except existing nonconforming uses may continue as
herein provided.
2.3
ARTICLE IX
DESIGN REVIEW OVERLAY DISTRICT (DR)
SECTION A. PURPOSE
The purpose of the DR District is to guide the general appearance of building
and improvements to achieve the objectives of a Comprehensive Plan or a more
detailed development plan as adopted by the Council. The DR District is
superimposed over Other districts.
SECTION B. USES
All uses are permitted in the respective district with which the DR District
is combined, subject to provisions of those districts.
SECTION C. DESIGN REVIEW APPLICATION REQUIRED
All districts with which the Design Review Overlay District is combined shall
be required to apply for Design Review consideration. Every person seeking
Design Review consideration shall submit an application upon a form prescribed
by the Council. All applications shall be accompanied by appropriate architec-
tural and site development plans to scale which shall show building locations,
landscaping, permanent existing trees, ground treatment, fences, off-street
parking and circulation, location and size of adjacent streets, north arrow and
property lines, drawings of major exterior elevations showing building materials
and proposed color scheme, existing grade and proposed new grades. All such
drawings and plans shall be reviewed by the Commission/Council.
SECTION D. DESIGN REVIEW CONSIDERATION
The Commission/Council shall consider the following matters as related to an
adopted plan in reviewing the application•
1. Considerations relating to traffic safety and traffic congestion:
a. The effect of the site development plan on traffic conditions on
contiguous streets;
b. The layout of the site with respect to locations and dimensions
of vehicular and pedestrian entrances, exits, drives and walkways;
c. The arrangement and adequacy of off-street parking facilities to
prevent traffic congestion;
d. The location, arrangement and dimensions of truck loading and
unloading facilities;
e. The circulation patterns within boundaries of the development; and
f. The surfacing and lighting of off-street parking facilities;
2. Considerations relating to outdoor advertising:
a. The number, location, color, size, height, lighting and lands-
caping of outdoor advertising signs and structures in relation to
the creation of traffic hazards and the appearance and harmony
with adjacent development;
3. Considerations relating to landscaping:
a. The location, height and materials of walls, fences, hedges and
24
screen plantings to insure harmony with adjacent developments
or to conceal storage areas, utility installations or other
unsightly development:
b. The planting of ground cover or surfacing to prevent dust and
erosion; and
c. The unnecessary destruction of existing healthy trees;
4. Considerations relating to buildings and site layout:
a. The consideration of exterior design in relations to adjoining
structures in height, bulk and area openings, breaks in the
facades and fencing on streets, line and pitch of roof and
arrangement of structure on the parcel; and
5. Considerations relating to drainage:
a. The effect of the site development plan in relation to the adequacy
of the storm and surface water drainage proposals.
SECTION E. ACTION BY COMMISSION AND COUNCIL
Within forty-five (45) days after formal presentation of an application
to the commission for design review, the commission shall investigate and hear
every application and shall either recommend to the council approval or
denial of the application. Tn making its decision the commission shall
specify:
1. The Ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
The city council shall have forty-five (45) days after receipt of the
commission's recommendation to approve or deny the application. Upon
granting or denying the application the council shall specify:
1. The Ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
SECTION F. NOTIFICATION TO APPLICANT
Within ten (10) days after a decision has been rendered, the Administrator
shall provide the applicant with written notice of the action on the request.
25
ARTICLE X
PERFORMANCE STANDARDS
SECTION A. GENERAL
The purposes of Performance Standards is to set specific conditions for
various uses or areas where problems are frequently encountered.
SECTION B. SUPPLEMENTAL YARD AND HEIGHT REGULATIONS
In addition to all yard regulations specified in the Official Schedule of
District Regulations and in other sections of this Ordinance, the following
provisions shall be adhered to:
1. Visibility at Intersections - On a corner lot in any district,
nothing shall be erected, placed, planted or allowed to grow in
such a manner as to materially impede vision between a-hej.ght
of two and a half (2 1/2) and ten (10) feet above the center line
grades of the intersecting streets in the area bounded by the
right-of-way lines of such corner lots and a line joining points
along said street right-of-way lines twenty-five (25) feet from
the point of intersection;
2. Fence and Wall Restrictions in Front Yards - In any required front
yard, no fence or wall shall be permitted which materially impedes
vision across such Yard between the height of two and a half
(2 1/2) feet and ten (10) feet;
3. Yard Requirements for Multi -Family Dwellings - Multi -family
dwellings shall be considered as one (1) building for the purpose
of determining front, side and rear yard requirements. The entire
group as a unit shall require one (1)' front, one (1) rear, and two
(2) side yards as specified for dwellings in the appropriate
district:
4. Side and Rear Yard Requirements for Non -Residential Uses Abutting
Residential Districts - Non-residential buildings or uses shall not
be located nor conducted closer than forty (40) feet to any lot line
of a residential district, except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable
landscaping or screening approved by the council is provided. Such
screening shall be a masonry or solid fence between four (4) and
eight (8) feet in height maintained in good condition and free of all
advertising or other signs. Landscaping provided in lieu of such
wall or fence shall consist of a strip of land not less than twenty
(20) feet in width planted with an evergreen hedge or dense plant-
ing of evergreen shrubs not less than four (4) feet in height at
the time of planting;
26
6. Exceptions to Height Regulations - The height limitations contained
in the Official Schedule of District Regulations do not apply to
spires, belfries, cupolas, antennas, water tanks, ventilators,
chimneys or other appurtenances usually required to be placed
above the roof level and not intended for human occupancy except
where the height of such structures will constitute a hazard to
the safe landing and take -off of aircraft at an established airport.
SECTION C. SUPPLEMENTAL GENERAL PROVISIONS
In addition to all other regulations as specified in this Ordinance, the
following provisions shall be adhered to:
1. Conversiou of Dwellings to More Units - A residence may not be convered
to accommodate an increased number of dwelling units unless:
a. The yard dimensions still meet the yard dimensions required by the
zoning regulations for new structures in that district;
b. The lot area per family equals the lot area requirements for
new structures in that district;
c. The floor area per dwelling unit is not reduced to less than
that which is required for new construction in that districtand
d. The conversion is in compliance with all other relevant codes
and ordinances;
2. Temporary Buildings - Temporary buildings, construction trailers,
equipment and materials used in conjunction with construction work
only may be permitted in any district during the period construction
work is in progress, but such temporary facilities shall be removed
upon completion of the construction work. Storage of such facilities
or equipment behond the completion date of the project shall require
a Zoning Permit authorized by the Administrator.
3. Parking and Storage of Certain Vehicles - Automotive vehicles or
trailers of any kind or type without current license plates shall
not be parked or stored on any residentially zoned property other
than in completely enclosed building or carport. Further, no boats,
motor homes or other recreational vehicles may be parked more than
seventy-two (72) consecutive hours in front of any residentially
zoned property. One boat and one recreational vehicle may be stored
in the side or rear yard.
4. Required Trash Areas - All trash and/or garbage collection areas for
commercial, industrial and multi -family residential uses shall be enclosed
on at least three (3) sides by a solid wall or fence of at least
four (4) feet in height or within an enclosed building or structure.
Adequate vehicular access to and from such area or areas for collection
of trash and/or garbage as determined by the Administrator shall be
provided.
SECTION D. PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES
No land or building in any district shall be used or occupied in any
manner creating dangerous, injurious, noxious or otherwise objectionable
conditions which could adversely affect the surrounding areas or adjoining
premises, except that any use permitted by this Ordinance may be undertaken
and maintained if acceptable measures and safeguards to reduce dangerous
and objectionable conditions to acceptable limits as established by the
following performance requirements.
1. Fire Hazards - Any activity involving the use or storage of flammable
or explosive materials shall be protected by adequate fire -fighting
and fire -prevention equipment and by such safety devices as are
normally used in the handling of any such material. Such hazards
shall be kept removed from adjacent activities to a distance which is
compatible with the potential danger involved as specified in the
Uniform Fire Code and the National Safety Foundation publica-
tions
2. Radioactivity or Electrical Disturbance - No activity shall emit
harmful radioactivity at any point, or electrical distrubance
adversely affecting the operation of any equipment at any point
other than that of the creator of such disturbance;
3. Noise - Objectionable noise as determined by the Administrator
which is due to volume, frequency or beat shall be muffled or otherwise
controlled. Air-raid sirens and related apparatus used solely
for public purposes are exempt from this requirement;
4. Vibration - No vibration shall be permitted which is discernible
without instruments on any adjoining lot or property.
5. Air Pollution - Air pollution shall be subject to the requirements
and regulations established by the Health Authority;
6. Glare - No direct or reflected flare shall be permitted which
is visible from any property outside a manufacturing district
or from any street:
7. Erosion - No erosion, by man, wind or water, shall be permitted
which will carry objectionable substances onto neighboring
properties.
8. Water Pollution - Water pollution shall be subject to the requirements
and regulations established by the Health Authority;
9. Enforcement Provisions - The Administrator, prior to the issuance
of a Zoning Permit, may require the submission of statements
and plans indicating the manner in which dangerous and objectionable
elements involved in processing and in equipment operations are
to be eliminated or reduced to acceptable limits and tolerances;
and
10. Measurement Procedures - Methods and procedures for the determination
of the existence of any dangerous and objectionable elements shall
conform to applicable standard measurement procedures published
by the American Standards Institute, New York, the Manufacturing
Chemists' Association, Inc., Washington, D. C., the United
States Bureau of Mines and the Health Authority.
SECTION E. PROVISION FOR UNIQUE LAND USES
Certain unique land uses pose special problems that may have det-
rimental influences on surrounds galand uses. The following performance standards
for such unique land uses shall be adhered to in addition to all other
provisions of this Ordinance:
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1. Accessory Building -
a. Will not be located in any required front yard area: and
b. Will not be located closer than 5 feet from any side or
25 feet from any rear property line;
2. Agriculture (Buffer area) -
a. Will be maintained as an untilled filler strip or natural
vegetation provided for between tilled ground and the normal
high water elevation of any surface water areas. The width
of this strip shall vary according to the average slope of
the land as follows:
Average slope of land between
tilled land and normal high
water elevation
Width of strip between
tilled land and normal
high water elevation
(percent) (Feet along surface of ground)
0 - 4 20
5 - 9 50
10 - 14 90
15 and over 110
b. Will be maintained to minimize soil erosion, sedimentation,
contamination and nutrient enrichment of ground and surface
water;
3. Animal Clinic, Animal Hospital, Veterinary Office and Kennel -
a. Will be located at least five hundred (500) feet front any
residence including motels and hotels, except for an owner's
residence. The Administrator may modify these requirements
if the animals are completely housed in sound -proof structures
that completely screen them from view of the abudding residential
property; and
b. Will comply with all State and local regulations relative to such
an operation, and maintain adequate housekeeping practices
designed to prevent the creation of a nuisance and to reduce to
a minimum the factors of noise and odor.
4. Animal Commercial Feed Lots, Meat Packing, Processing Plant and
Slaughterhouse Facilties-
a. Will be located, when housing animals, feed lot or holding pens,
not less than one thousand (1000) feet from any residence, except
for an owner's residence. Such facilities shall have a minimum
setback of thirty (30) feet from any property line:
b. Will be designed and located with full consideration to their
proximity to adjacent uses, their effect upon adjacent and surrouding
properties, and to the reduction of such nuisance factors as
odor; and
c Will be adequately maintained with housekeeping practices to
prevent the creation of a nuisance, and shall also be subject
to the Health Authority requirements as to the elimination
of waste materials and the maintenance of water quality control.
29
5. Boathouse -
a. Will be located within a shore lot;
b. Will be set back a minimum of one hundred (100) feet from the
normal high water elevation of a lake, pond, river or stream,
or ten (10) feet from the mean high tide mark;
c. Will not be more than one (1) boathouse on the premises for
each shore lot;
d. Will not exceed a height of fifteen (15) feet;
e. Will not exceed three hundred (300) Square feet in horizonal
area covered; and
f. Will not be located any closer than ten (10) feet to any property
line;
6. Bulk Storage of Flammable Liquids and Gases, Above Ground and for
Resale -
a. Will be located at least five hdred (500) feet from a
residential zone, a residence, in tel„ hotel, except for an
owner's residence;
b. Will be erected subject to the approval of the fire chief; and
c. Will have suitable loading and unloading spaces and off-street
parking facilities subject to the approval of the fire chief;
7. Chemicals, Pesticide and Fertilizer Storage and Manufacturing-
a. Will have adequate fire protection, storage area, handling
and disposal as approved by the Fire Chief or Fire Marshall;
8. Contractors Yard -
a. Will be located a minimum distance of three hundred (300)
feet from any residence except for an owner's residence;
b. Will have a screening fence around areas utilized for storage
of equipment; and
c. Will be limited to storage, maintenance and processing incidental
to contracing work. There shall be no general industrial or
commercial uses;
9. Drive -In Restaurant -
a. Will be enclosed on the property line with landscaping and
fencing, except for ingress and egress, to prevent trash from
moving onto other properties;
b. Will have at least a six (6) foot high sight obscuring fence
along the property lines that adjoin a residence;
c. Will provide for adequate trash recepticles; and
d. Will avoid the direction of night lighting toward any
residence;
10. Filling, Grading, Lagooning, Dreding, or Other Earth -Moving Activity
a. Will result in the smallest amount of bare kround exposed for
the shortest time feasible;
b. Will provide temporary ground cover, such as mulch
c. Will use diversion, silting, basins, terraces and other methods
to trap sediment;
d. Will provide lagooning in such a manner as to avoid creation
of fish trap conditions;
e. Will not restrict a 1loodway, channel or natural drainageway:
30
f. Will construct and stabilize sides and bottom of cuts, fills,
channels and artificial water courses to prevent erosion or soil
failure:
g. Will not have below -grade excavation except for drainageways
within fifty (50) feet of any lot line or public right-of-way, and
h. Will restore topsoil or loam to a depth of not less than four (4)
inches;
11. Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural
Resources of Commercial Value -
a. The extent and method of rehabilitation shall be determined in
advance of issuing a zoning certificate with due condiseration
given to what is suitable and compatible with the surrounding
area;
b. Upon depletion of the area, all temporary buildings and structures,
except property line fences and structures for the loading,
measuring or weighing of salable material in storage, shall be
entirely removed from the property; and
c. Safety fencing shall be erected around all pits that create a
safety hazard:
12. Home Occupation -
a. No more than one (1) person other than members of the family
residing on the premises shall be engaged in such occupation;
b. The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than twenty-five percent(25)
of the floor area of the dwelling unit shall be used in the conduct
of the home occupation;
c. There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the conduct
of such home occupation.
d. No significant traffic shall be generated by such home occupation
and any need for parking generated by the conduct of such home
occupation shall meet the off-street parking requirements as
specified in the Ordinance , and shall not be located in a
required front yard; and
e. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence, or outside
the dwelling unit if conducted in other than a single-family
residence. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible inter-
ference, in any radio or television receivers off the premises,
or cause fluctuations in line voltage off the premises;
f. No storage of materials or supplies outdoors.
g. It shall not involve the use of signs and/or structures other
than those permitted in the district of which it is a part.
13. Mobile Home Park -
a. Will be designed, constructed, operated and maintainedso'as
to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity and that such use
will not change the essential character of the same area;
31
b. Will not be hazardous or detrimental or existing or future
neighboring uses:
c. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage,
refuse disposal and schools; or that the persons or agencies
responsible for the establishment of the proposed park shall be
able to provide adequately any such services.
d. Will be consistent with the intent and purpose of this Ordinance
and the Comprehensive Plan;
e. Will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on
surrounding public streets or roads;
f. Will not result in the destruction, loss or damage of natural,
scenic or historic features of major importance;
g. Will meet the minimum health standards as set forth by the Idaho
State Department of Health and Welfare; and
h. Will have a minimum total area for the mobile home park of five
(5) acres;
14. Outdoor Storage of Commercial and Industrial Materials -
a. Will be screened from view from any existing adjoining residence
or residentially zoned area, whether or not such property is
seperated by an alleyway or street: and
b. Will not be located in any front yard setback area;
15. Riding Stables and Schools -
a. Will locate all stables or loafing sheds not nearer than three
hundred (300) feet from any residence, except for an owner's
residence. All facilities shall be set back a distance of thirty
(30) feet from any property line;
b. Will be designed and located with full consideration being given
to their proximity to adjacent uses and their effect upon adjacent
and surrounding properties, as to the storage of horse trailers,
and the factors of noise and odor; and
c. Will require that the owner or operator of such use shall have
a continuous obligation to maintain adequate housekeeping
practices to prevent the creation of a nuisance;
16. Rifle and Pistol Range -
a. Will be designed with a backstop;
b. Will be designed to attoid aline of fire that is directed
towards any residence or business within one (1) mile;
c. Will incorporate landscaping that is compatible with the surround-
ing landscaping; and
d. Will provide supervision and security measures during periods of use;
17. Sanitary Landfill -
a. Will conform to time limits for daily operation as defined by the
Council;
b. Will provide a bond, for privately owned sites, to insure com-
pliance with the provisions of the zoning certificate;
c. Will provide for a faved street to the facility; and
d. Will be supervised during the hours of operation;
32
18. Wrecking Yard -
a. Will be completely enclosed by a solid six (6) foot high or higher
site obscuring fence;
b. Will not result in the storage of automobile, junk or salvage
material that is visible from any public right-of-way;
c. Will not result in the storage of automobiles that exceed the
height of the fence; and
d. Will have such landscaping that is appropriate with the surround-
ing area.
ARTICLE XI
CONDITIONAL USE
SECTION A. GENERAL
It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design,
size, method of operation, circulation and public facilities that each specific
use must be considered individually.
The Commission shall hold a public hearing on each Conditional Use Permit
application as specified in the Official Schedule of District Regulations. The
Council may approve, conditionally approve or deny a Conditional Use Permit under
the conditions as hereon specified and considering such additional safeguards as
will uphold the intent of this Ordinance.
SECTION B. CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT
An application for Conditional Use Permit shall be filed with the Administrator
by at least one (1) owner or lessee of property for which such conditional use is
proposed. At a minimum, the application shall contain the following information:
1. Name, Address and phone number of applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning District;
5. Description of proposed conditional use;
6. A plan of the proposed site for the conditional use showing the
location of all buildings, parking and loading area, traffic access
and traffic circulation, open spaces, landscaping, refuse and service
areas, utilities, signs, yards and such other information as the
Commission may require to determine if the proposed conditional use
meets the intent and requirements of this Ordinance: and
7. A narrative statement evaluating the effects on adjoining property7
the effect of such elements as noise, glare, odor, fumes and vibration
on adjoining property: a discussion of the general compatibility with
adjacent and other properties in the district; and the relationship
of the proposed use to the Comprehensive Plan.
SECTION C. GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES
The
proposed
adequate
Commission/Council shall teview the partittilar facts and aradmstance§mof
conditional use in terms of the following standards and shall tinct
evidence showing that such use at the proposed location:
Will, in fact, constitute a conditional use as established on the
Official Schedule of District Regulations for the zoning district
involved;
1.
2. Will be harmonious with and in accordance with the general objectives
or with any specific objective of the Comprehensive Plan and/or the
Zoning Ordinance;
each
3. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in a'jpearance with the existing or intended character
34
of the general vicinity and that such use will not change the essential
character of the same area;
4. Will not be hazardous or disturbing to existing or future neighboring
uses;
5. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
6. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
7. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors;
8. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public thoroughfares; and
9. Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
SECTION D. PUBLIC SITES AND OPEN SPACES
Public sites and open spaces shall conform to the .following:
1. Public Uses - Where it is determined that a proposed park, playground,
school or other public use as shown on the future acquisition map,
as authorized in section 67-6517, Idaho Code, is located in whole
or in part within a proposed development the Commission shall notify
the appropriate public agency concerning the land proposed to be
acquired. Within thirty (30) days of the date of notice, the public
agency may request the governing body to suspend consideration on the
permit for sixty (60) days from the date of the request; however, if
an agreement is not reached within sixty (60) days the Commission
shall resume consideration of the conditional use application;
2. Natural Features - Existing natural features which add value to
residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design pf the
development; and
3. Special Developments - In the case of planned unit developments and
large-scale developments the council may require sufficient_ park
or open space facilities of acceptable size, location and site
characteristics that may be suitable for the proposed development.
35
SECTION E. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
In granting any conditional use, the Council may prescribe appropriate con-
ditions, bonds and safeguards in conformity with this Ordinance. Violations of
such conditions, bonds or safeguards, when made a part of the terms under which
the conditional use is granted, shall be deemed a violation of this Ordinance.
SECTION F. PROCEDURE FOR HEARING NOTICE
Prior to granting a Conditional Use Permit, at least one (1) public hearing
in which interested persons shall have an opportunity to be heard shall be held.
That public hearing shall be scheduled within thirty (30) days of receipt of an
application. At least fifteen (15) days prior to the hearing, notice of the time
and place and a summary of the proposal shall be published in the official news-
paper or paper of general circulation within the jurisdiction. Notice may also
be made available to other newspapers, radio and television stations serving the
jurisdiction for use as a public service announcement. Notice shall also be
provided to property owners and residents within the land being considered, three
hundred (300) feet beyond the external boundaries of the land being considered,
and any additional area that may be substantially impacted by the proposed condi-
tional use as determined by the Commission. When notice is required to two
hundred (200) or more property owners or residents, in lieu of the mailing
notification, three (3) notices in the newspaper or paper of general circulation
is sufficient, provided, the third notice appear ten (10) days prior to the public
hearing.
SECTION G. ACTION BY THE COMMISSION AND COUNCIL
Within fifteen (15) days after the public hearing the commission shall
transmit its recommendation of approval or denial to the council. Within
forty-five (45) days after receipt of the commissions recommendation the council
shall approve or deny the application. Prior to that the city council shall
follow notice and hearing requirements as provided by Idaho Law as detailed
in Section F. If the application is approved or approved with modifications
the council shall direct the Administrator to issue a Conditional Use Permit
listing the specific conditions specified by the council for approval.
Upon the granting of a Conditional Use Permit, conditions may be attached to
a Conditional Use Permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities
or services;and
7. Requiring more restrictive standards than those generally required
in an Ordinance.
Prior to granting a Conditional Use Permit, the Council may request studies
from the planning staff or public agencies concerning social, economic, fiscal
and environmental effects of the proposed Conditional Use. A Conditional
Use Permit shall not be considered as establishing a binding precedent to
grant other Conditional Use Permits. A Conditional Use Permit is not trans-
ferrable from one (1) parcel of land to another.
36
Upon granting or denying an application the Council shall specify:
1. The Ordinance and standards used in evaluating the application.
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
SECTION H. NOTIFICATION TO APPLICANT
Within ten (10) days after a decision has been rendered the Administrator
shall provide the applicant with written notice of the action on the request.
37
ARTICLE XII
PLANNED UNIT DEVELOPMENTS (PUD)
SECTION A. PURPOSE
It shall be the policy to guide a major development of land and construction
by encouraging Planned Unit Developments (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of
housing and building types and permitting an increase density per
acre and a reduction in lot dimensions, yards, building setbacks
and area requirements;
2. A more useful pattern of open space and recreation areas and, it
permitted as part of the project, more convenience in the location of
accessory commercial uses, industrial uses and services;
3. A development pattern which preserves and utilizes natural topography
and geologic features, scenic vistas, trees and other vegetation and
prevents the disruption of natural drainage patterns;
4. A more efficient use of land than is generally achieved through
conventional development resulting in substantial savings through
shorter utilities and streets; and
5. A development pattern in harmony with land use density, transportation
and community facilities objectives of the Comprehensive Plan.
SECTION B. PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT
Whenever there is a conflict or difference between the provisions of this
Article and those of the other Articles of this Ordinance, the provisions of this
Article shall prevail. Subjects not covered by this Article shall be governed
by the respective provisions found elsewhere in this Ordinance.
SECTION C. MINIMUM AREA
A PUD for the following principal uses shall contain an area of not less than:
1. Three (3) acres for residential development;
2. Five (5) acres for residential use with subordinate commercial
or industrial uses;
3. Ten (10) acres for commercial use; and
4. Ten (10) acres for industrial use.
SECTION D. USES PERMITTED
All uses that may be allowed within the land use district are permitted within
a PUD. Also, up to ten percent (10%) of the gross land area may be directed
to other commercial, industrial, public and quasipublic uses that are not
allowed within the land use district; provided,, there is a favorable finding by
the council.
1. That the uses are appropriate with the residential uses;
2. That the uses are intended to serve principally the residents of the
PUD;
38
3. That the uses are planned as an integral part of the PUD;
4. That the uses be located and so designed as to provide direct access
to a collector or an arterial street without creating congestion or
traffic hazards; and
5. That a minimum of fifty percent (50%) of the residential development
occur prior to the development of the related commercial or industrial
land uses.
SECTION E. OWNERSHIP REQUIREMENTS
An application for approval of a PUD may be filed by a property owner or a
person having an existing interest in the property to be included in the PUD.
The PUD application shall be filed in the name or names of the recorded owner
or owners of property included in the development. However, the application
may be filed by the holder(s) of an equitable interest in such property.
Before approval is granted to the Final Development Plan, the entire project
shall be under single ownership or control and legal title must be presented with
the Final Development Plan.
SECTION F. COMMON OPEN SPACE
A minimum of ten percent (10') of the gross land area developed in any
residential PUD project shall be reserved for common open space and recreational
facilities for the residents or users of the area being developed.
A required amount of common open space land reserved under a PUD shall either
be held in corporate ownership by owners of the project area for the use of
each owner who zbuys property within the development or be dedicated to the public
and retained as common open space for parks, recreation and related uses. Public
utility and similar easements and right-of-ways for water courses and other
similar channels are not acceptable for common open space dedication unless
such land or right-of-way is usable as a trail or other similar purpose and
approved by the Council-.
The responsibility for the maintenance of all open spaces shall be specified
by the developer before approval of the Final Development Plan.
Every property developed under the PUD approach should be designed to abut
upon common open space or similar areas. A clustering of dwellings is encouraged.
SECTION G. UTILITY REQUIREMENTS
Underground utilities, including telephone and electrical systems, are re-
quired within the limits of all PUD's. Appurtenances to these systems which can
be effectively screened may be excepted from this requirement if the Commission
finds that such exemption will not violate the intent or character of the
proposed PUD.
SECTION H. INCREASED RESIDENTIAL DENSITY
To provide for an incentive for quality PUD, the Council may authorize an
increased residential density of up to fifteen percent (15%) of the allowable
number of dwelling units. Character, identity and architectural and siting
variation incorporated in a development shall be• considered cause for density
39
increases, provided these factors make a substantial contribution to the
objectives of the PUD, which are as follows:
1. Landscaping (a maximum increase of five percent (5%), streetscape, open
spaces and plazas, use of existing landscaping, pedestrianway treatment
and recreational areas;
2. Siting (a maximum increase of five percent (5%) visual focal points,
use of existing physical features such as topography, view, sun and wind
orientation, circulation pattern. physical environment, variation in
building setbacks and building grouping (such as clustering); and
3. Design features (a maximum increase of five percent (5%), street sections,
architectural styles, harmonious use of materials, parking areas broken
by landscaping features and varied use of housing types.
SECTION I. ARRANGEMENT OF COMMERCIAL USES
When PUD's include commercial uses, commercial buildings and establishments
shall be planned as groups having common parking areas and common ingress and
egress points in order to reduce the number of potential accident locations at
intersections. Planning screen or fences shall be provided on the perimeter of the
commercial areas abutting residential areas.
The plan of the project shall provide for the integrated and harmonious design
of buildings, and for adequate and properly arranged facilities for internal
traffic circulation, landscaping and such other features and facilities as
may be necessary to make the project attractive and efficient from the stand-
point of the adjoining and surrounding non-commercial areas.
All areas designed for future expansion or not intended for immediate improve-
ment or development shall be landscaped or otherwise maintained in a neat and
orderly manner.
SECTION J. ARRANGEMENT OF INDUSTRIAL USES
PUD's may include industrial uses if it can be shown that the development
results in a more efficient and desirable use of land.
Industrial uses and parcels shall be developed in parklike surroundings
utilizing landscaping and existing woodlands as buffers to screen lighting,
parking areas, loading areas or docks and/or outdoor storage of raw materials or
products. A planned industrial area shall provide for the harmony of buildings
and a compact grouping in order to economize in the provision of such utility
services as are required. Thoroughfares shall be kept to a minimum throughout
a planned industrial area in order to reduce through traffic.
Project side yards of forty (40) feet and a rear yard of fifty (50) feet shall
be required if the project is located adjacent to any residential uses. All
intervening spaces between the right-of-way line and project building line and
intervening spaces between buildings, drives, parking areas and improved areas
shall be landscaped with trees and plantings and properly maintained at all times.
40
SECTION K. PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT
When the PUD also qualifies as a subdivision, the processing of the Conditional
Use Permit and subdivision application shall occur at the same time. The granting
of a Conditional Use Permit for a PUD shall require a pre -application, the sub-
mission of a Preliminary Development Plan and approval by the Council of a Final
Development Plan as specified within this Ordinance.
SECTION L. PRE -APPLICATION MEETING
The developer shall meet with the Administrator prior to the submission of the
Preliminary Development Plan. The purpose of this meeting is to discuss early
and informally the purpose and effect of this Ordinance and the criteria and
standards contained herein, and to familiarize the developer with the Comprehensive
Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinance
as deemed appropriate. The developer may also meet with the Commission or
Council prior to submitting an a -plication.
SECTION M. CONTENTS OF APPLICATION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN
An application for preliminary PUD shall be filed with the Administrator by
a property owner or person having existing interest in the property for which the
PUD is proposed. At a minimum, the application shall contain the following
information filed in triplicate:
1. Name, address and phone number of applicant;
2. Name, address and phone number of registered Surveyor, registered
Engineer and/or Urban Planner assisting in the preparation of the
Preliminary Development Plan;
3. Legal description of property;
4. Description of existing use;
5. Zoning districts;
6. A vicinity map at a scale approved by the Zoning Administrator, showing
property lines, streets. existing and proposed zoning and such other
items as the administrator may r.aquire to show the',relationship of the
PUD to the Comprehensive Plan and to existing schools and other
community facilities and services;
7. A Preliminary Development Plan at a scale approved by the Zoning
Administrator at two (2) foot intervals; location and type of residential,
commercial and industrial land uses; layout, dimensions and names of
existing and proposed streets; right-of-ways; utility easements;
parks and community spaces; layout and dimensions of lots and
building setback lines; preliminary improvement drawings showing water,
sewer, drainage, electricity, telephone and natural gas and such
other characteristics as the administrator deems necessary.
8. Proposed schedule for the development of the site; and
41
9. Evidence that the applicant has sufficient control over the land in
question to initiate the proposed Development Plan within one year.
The application for preliminary PUD shall be accompanied by a written state-
ment by the developer setting forth the reasons why, in his opinion, the PUD
would be in the public interest.
SECTION N. PROCEDURE FOR PUBLIC NOTICE
The same provision for public hearing and legal notification as required
for Conditional Use Permits shall be followed.
SECTION 0. APPROVAL IN PRINCIPLE BY THE COUNCIL/COMMISSION
Within thirty (30) days after the public hearing the Commission shall review
the Preliminary Development Plan to determine if it is consistent with the intent
and purpose of this Ordinance; whether the proposed development advances the
general welfare of the community and neighborhood and whether the benefits,
combination of various land uses and the interrelationship with the land uses
in the surrounding area justify the deviation from standard district regulations
and its recommendation to the Council. The commission's recommendation in.
principle of the Preliminary Development Plan shall be necessary before an
applicant may submit a Final Development Plan. Approval in principle shall not
be construed to endorse a precise location of uses, configuaration of parcels
or engineering feasibility.
The Council shall consider the general standards applicable to Conditional
Use Permits and criteria for conditional uses before approving in principle
a Preliminary Development Plan.
SECTION P. CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN
Upon approval in principle of a Preliminary Development Plan, an application
for approval of the Final Development Plan shall be filed with the Administrator
by at least one (1) property owner or person having a presently existing interest
in the property for which the PUD is proposed. Each application shall be signed
by the owner or lessee, attesting to the truth and exactness of all information
supplied on the application for Final Development Plan. Each application shall
clearly state that the approval shall expire and may be revoked if construction
on the project has not begun within one (1) year from the date of issuance of
the approval. At a minimum, the application shall contain the following
information :
1. A survey of the proposed development site, showing the dimensions
and bearings of the property lines, area in acres, topography,
existing features of the development site; including major wooded
areas, structures, streets, easements, utility lines and land uses;
2. All the information required on the Preliminary Development Plan;
the location and sizes of lots, location and proposed density of
dwelling units, non-residential building intensity and land use
considered suitable for adjacent properties;
3. A schedule for the development of units to be constructed in pro-
gression and a description of the design principles for buildings and
42
streetscapes; tabulation of the number of acres in the proposed
project for various ues• the number of housing units proposed by
type; estimated residential population by type of housing; estimated
non-residential populations: anticipated timing for each unit and
standards for height, open space, building density, parking areas,
population density and public improvements proposed for each unit
of the development whenever the applicant proposes an exception
from standard zoning districts or other ordinances governing
development;
4. Engineering feasibility studies and plans showing, as necessary,
water, sewer, drainage, electricity, telephone and natural gas
installations; waste disposal facilities; street improvements and
nature and extent of earth work required for site preparation and
development;
5. Site plan, showing building(s), various functional use areas,
circulation and their relationship;
6. Preliminary building plans, including floor plans and exterior
elevations;
7. Landscaping plans; and
8. Deed restrictions, protective covenants and other legal statements
or devices to be used to control the use, development and
maintenance of the land, and the improvements thereon, including
those areas which are to be commonly owned and maintained.
SECTION Q. RECOMMENDATION BY COMMISSION
Within forty-five (45) days after receipt of the Final Development Plan,
the Commission shall recommend to the Council that the Final Development Plan
be approved as presented, approved with supplementary conditions or disapproved.
The Commission shall then transmit all papers constituting the record and
the recommendations to the Council.
The Commission shall find that the facts submitted with the application and
presented to them establish that:
1. The proposed development can be initiated within one (1) year of the
date of approval;
2. Each individual unit of the development, as well as the total development,
can exist as an independent unit capable of creating an environment of
substained desirability and stability or that adequate assurance will
be provided that such objective will be attained; the uses proposed
will not be detrimental to present and potential surrounding uses, but
will have a beneficial effect which would not be achieved under standard
district regulations;
3. The streets and thoroughfares proposed are suitable and adequate to carry
anticipated traffic, and increased densities will not generate traffic
43
in such amounts as to overload the street network outside the PUD.
4. Any proposed commercial development can be justified at the locations
proposed;
5. Any exception from standard district requirements is warranted by the
design and other amenities incorporated in the Final Development
Plan, in accordance with the PUD and the adopted policy of the Council.
6. The area surrounding said development can be planned and zoned in
coordination and substantial compatibility with the proposed develop-
ment;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and proposed utility services are adequate for the
population densities and nonresidential uses proposed.
SECTION R. ACTION BY THE COUNCIL
Within forty-five (45) days after receipt of the final recommendations of
the Commission, the Council shall either approve, approve with supplementary
conditions or disapprove the application as presented. Upon granting or denying
the application the Council shall specify;
1. The Ordinance and standards used in evaluating the application:
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
If the application is either approved or approved with conditions, the Council
shall direct the Administrator to issue Zoning Permits only in accordance with
the approved Final Development Plan and the supplementary conditions attached
thereto.
SECTION S. EXPIRATION AND EXTENSION OF APPROVAL PERIOD
The approval of a Final Development Plan for a PUD shall be for a period
not to exceed one (1) year to allow for preparation and recording of the
required Subdivison Plat and the development of the project. If no con-
struction has begun within one (1) year after approval is granted, the approved
Final Development Plan shall -.be void. An extension of the time limit or modification
of the approved Final Development Plan may be approved if the Council finds that
such extension or modification is not in conflict with the public interest.
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ARTICLE XIII
NON -CONFORMING USES
SECTION. A'. INTENT
It is the intent of this Ordinance to permit non -conforming uses to continue
until they are removed, but not to encourage their survival. It is further the
intent of this Ordinance that non -conforming uses shall not be enlarged upon,
expanded or extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
SECTION B. INCOMPATIBILITY OF NON -CONFORMING USES
Non -conforming uses are declared by this Ordinance to be incompatible
with permitted uses in the districts in which such use is located. A non-
conforming use shall not be extended or enlarged after passage of this Ordinance
by attachment on a building or premises of additional signs intended to be
seen from off the premises, or by the addition of other uses of a nature which
would be generally prohibited in the district in which such use is located.
SECTION C. AVOIDANCE OF UNDUE HARDSHIP
To avoid undue hardship, nothing in this Ordinance shall be deemend to require
a change in the plans, construction or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption
or amendment of this Ordinance and upon which actual building construction
has been carried on diligently.
SECTION D. SINGLE NON -CONFORMING LOTS OF RECORD
In any district in which signle-family dwellings are permitted, a single-
family dwelling and customary accessory buildings may be erected on any single
lot of record (see definition of lot of record) at the effective date of
adoption or amendment of this Ordinance, notwithstanding limitations imposed
by other provisions of this Ordinance. Such lot must be in separate ownership
and not of continuous frontage with other lots in the same ownership (see
Section E below). This provision shall apply even though such lot fails to
meet the requirements for area or width, or both, that are generally applicable
in the district, provided that hard dimensions and requirements other than
those applying to area or width, or both, of the lot shall conform to the
regulations for the district in which such lot is located.
SECTION E. NON -CONFORMING LOTS OF RECORD IN COMBINATION
If two (2) or more lots or a combination of lots and portions of lots with
continuous frontage in single ownership are of record at the time of passage
or amendment of this Ordinance and if all or part of the lots with no buildings
do not meet the requirements established for lot width and area, the lands
involved shall be considered to be an undivided parcel for the purposes of this
Ordinance and no portion of said parcel shall be used or sold in a manner which
diminishes compliance with lot width and area requirements established by this
Ordinance, nor shall any division of any parcel be made which creates a lot
with a width or area below the requirements stated in this Ordinance.
45
SECTION F. NON -CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN
COMBINATION
If a lawful use involving individual structures, or of a structure and land
in combination, exists at the effective date of adoption or amendment of this
Ordinance that would not be allowed in the district under the terms of this
Ordinance, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structually altered except in
changing the use of the structure to a use permitted in the district
in which it is located;
2. No non -conforming use shall be extended to occupy any additional
land area;
3. If no structural alterations are made any non -conforming use of a
structure and land may, upon the issuance of a Conditional Use Permit
by the Council, be changed to another non -conforming use provided
that the Council shall find that the proposed use is equally
appropriate or more approriate to the district than the existing non-
conforming use. In permitting such change, the Council may require
appropriate conditions and safeguards in accord with other provisions
of this Ordinance;
4. Any structure, or structure and land in combination, in or on which
a non -conforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district, and the non -conforming
use may not thereafter be resumed;
5. When a non -conforming use of a structure, or structure and land in
combination, is discontinued or abandoned for more than one (1)
year (except when government action impedes access to the premises),
the structure, or structure and land in combination, shall not
thereafter be used except in conformity with the regulations of the
district in which it is located; and
6. Where non -conforming use status applies to a structure and land in
combination, removal or destruction of the structure shall eliminate
the non -conforming status of the land.
SECTION G. REPAIRS AND MAINTENANCE
On any non -conforming structure, or portion of a structure containing a
non -conforming use, work may be done on ordinary repairs or on repair or
replacement of non-bearing walls, fixtures, wiring or plumbing, provided that
the cubic content existing when it became non -conforming shall not be in-
creased. Nothing in this Section shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared.`to be
unsafe by any official charged with protecting the public safety upon ordor
of such official.
46
SECTION H. USES UNDER CONDITIONAL USE PROVISIONS NOT NON -CONFORMING USES
Any use which is permitted as a conditional use in a district under the terms
of this Ordinance shall not be deemed a non -conforming use in such district,
but shall, without further action, be considered a conforming use.
47
ARTICLE XIV
OFF-STREET PARKING AND LOADING FACILITIES
SECTION A. GENERAL REQUIREMENTS
1. No building or structure shall be erected, substantially altered or its
use changed unless permanently maintained off-street parking and loading
spaces have been provided in accordance with the provisions of this
Ordinance.
2. The provisions of this Article, except where there is a change of use,
shall not apply to any existing building or structure. Where the new use
involves no additions or enlargements, there shall be provided as many
such spaces as may be required by this Ordinance.
3. Whenever a building or structure constructed after the effective date
of this Ordinance is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity or otherwise, to create a need
for an increase in the number of existing parking spaces, additional parking
spaces shall be provided on the basis of the enlargement or change. Whenever
a building or structure existing prior to the effective date of this Ordinance
is enlarged to the extent of fifty percent (50%) or more in floor area,
number of employees, number of housing units, seating capacity or otherwise
said building or structure shall then and thereafter comply with the full
parking requirements set forth herein.
SECTION B. STANDARDS
1. Location of Parking Space - The following regulations shall govern the
location of off-street parking spaces and areas:
a. Parking spaces for all detached residential uses shall be located on
the same lot as the use which they are intended to serve;
b. Parking spaces for commercial, industrial or institutional uses shall
be located not more than five hundred (500) feet from the principal
use; and
c. Parking spaces for apartments, dormitories or similar residential uses
shall be located not more than three hundred (300) feet from the
principal use.
2. Loading Space Requirements and Dimensions - Off street loading spaces for
commercial uses shall be provided in accordance with the following table:
Gross Floor Area (sq. ft.) Quantity & Type
14,000 - 36,000 (1)B
36,001 - 60,000 (2)B
60,001 -100,000 (2)B+(1)A
For each additional 75,000 or fraction thereof, an additional Type A
space will be provided.
48
Type B spaces are 35 feet in length.
Type A spaces are 65 feet in length.
a. The size of an off-street loading space shall not be less than
the following, exclusive of access platform and loading area:
Width; 12 feet
Length: 35 feet or 65 feet (see above)
Width: 15 feet
b. Convenient access to loading spaces from streets or alleys
shall be provided; they shall not be less than twelve (12)
feet in width.
c. Location of required loading facilities - The off-street loading
facilities required for the uses mentioned shall not project
into the public right-of-way or setback area. In no case shall
the required off-street loading berths be part of the area used to
satisfy the off-street parking requirements.
d. Design and location of entrances and exits for required off-
street loading areas shall be subject to review of the Administrator.
3. Maintenance - The owner of property used for parking and/or loading shall
maintain such area in good condition without holes and free of all dust,
trash and other debris.
4. Paving - The required number of parking and loading spaces as set forth in
Section D, Parking Space Requirements, together with driveways aisles and
other circulation areas, shall be improved with such material to provide
a durable and dust -free surface.
5. Drainage - All parking and loading areas shall provide for proper drainage
of surface water to prevent the drainage of such water onto adjacent
properties or walkways.
6. Lighting - Any parking area which is intended to be used during non -daylight
hours shall be properly illuminated to avoid accidents. Any lights used to
illuminate a parking lot shall be so arranged as to reflect the light away
from the adjoining property.
7. Access - Any parking area shall be designed in such a manner that any vehicle
leaving or entering the parking area from or onto a public or private street
shall be traveling in a forward motion. Access driveways for parking areas
or loading spaces shall be located in such a way that any vehicle entering
or leaving such area shall be clearly visible by a pedestrian or motorist
approaching the access or driveway from a public or private street.
8. Striping - All parking areas with a capacity over twelve (12) vehicles shall
be striped with double lines (six (6) inches both sides of center) between
stalls to facilitate the movement into and out of the parking stalls.
9. Screening and/or Landscaping - Whenever a parking area is located in or
adjacent to a residential district, it shall be effectively screened on all
sides which adjoin or face any -property used for residential purposes by
49
an acceptably designed wall, fence, or planting screen. Such fence, wall
or planting screen shall be not less than four (4) feet nor more than six
(6) feet in height and shall be maintained in good condition. The space
between such fence, wall or planting screen and the lot line of the adjoining
premises in any residential district shall be landscaped with grass, hardy
shrubs or evergreen ground cover, and maintained in good condition. In the
event that terrain or other natural features are such that the erection of
such fence, wall or planting screen will not serve the intended purpose,
then no such fence, wall or planting screen and landscaping shall be required.
10. Wheel Blocks - Whenever a parking lot extends to a property line, wheel
blocks or other suitable devices shall be installed to prevent any part
of a parked vehicle from extending beyond the porperty line.
11. Minimum Distance and Setbacks - No part of any parking area for more than
ten (10) vehicles shall be closer than twenty (20) feet to any dwelling
unit, school, hospital or other institution for human care located on an
adjoining lot, unless, separated by an acceptably designed screen. If on
the same lot with a one (1) family residence, the parking area shall not
be located within the front yard required for such building. In no case
shall any part of a parking area be closer than four (4) feet to any
established street or alley right-of-way.
12. Disabled Vehicles - The parking of a disabled vehicle within a residential
or commercial district for a period of more than two (2) weeks shall be
prohibited, unless, such vehicle is stored in an enclosed garage or other
accessory building.
13. Joint Use - Two (2) or more non-residential uses may jointly provide and use
parking spaces when their hours of operation do not normally overlap,
provided that, a written agreement approved by the Administrator shall be
filed with the application for a Zoning Permit.
SECTION C. OFF-STREET PARKING DESIGN AND DIMENSIONAL TABLES
17111111111
1=11 r--
\" -1/
PARALLEL
60°46°900 .
45° 69° 90° Parallel
A. Width of Parking Space 13' 10' 9' 9'
B. Length of Parking Space 15' 18' 19' 23'
C. Width of Driveway Aisle 13' 17' 25' 12'
sn
SECTION D. PARKING SPACE REQUIREMENTS
For the purpose of this Ordinance the following parking space requirements
shall apply:
TYPE OF USE PARKING SPACES REQUIRED
Residential
1. Single family or two (2) family Two (2) for each unit;
dwelling
2. Apartments, or multi -family One and one half (1 1/2) for each
dwelling unit;
3. Boarding houses, rooming houses, One (1) for each sleeping room or one(1)
dormitories and fraternity houses for each permanent occupant; and
which have sleeping rooms
4. Mobile home park One (1) for each unit plus one (1)
space for each five (5) units.
Commercial
1. Automobile service garages which One (1) for each two (2) gasoline pumps
also provide repair and two (2) for each service bay;
2. Hotels, motels One (1) for each sleeping room plus one
(1) space for each two (2) employees,and
3. Funeral parlors, mortuaries and
similar type uses
Recreational or Entertainment
One (1) for each one hundred (100) sq.
feet of floor area in slumber rooms,
parlors or service rooms.
1. Dining rooms, restaurants, One (1) for each two hundred (200) sq.ft.
taverns, night clubs, etc. of floor area;
2. Bowling alleys
Four (4) for each alley or lane plus
one (1) additional space for each one
hundred (100) sq. ft. of the area used
for restaurant, cocktail lounge or
similar use;
3. Dance floors, skating rinks One (1) for each one hundred (100) sq. ft.
of floor area used for the activity;
4. Outdoor swimming pools, public or One (1) for each five (5) persons
community or club capacity plus one (1) for each four (4)
seats or one (1) for each thirty (30)
sq. ft. floor area used for seating
purposes whichever is greater;
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5. Auditoriums, sports arenas,
theaters and similar uses
6. Retail stores
7. Banks, financial institutions
and similar uses
8. Offices, public or professional
administration or service
buildings
9. All other types of business
or commercial uses permitted
in any business district
Institutional
1. Churches and other places of
religious assembly
2. Hospitals
3. Sanitariums, homes for the aged,
nursing homes, children homes,
asylums and similar uses
4. Medical and dental clinics
5. Libraries, museums, and art
galleries
Schools (Public, Parochial or Private)
1. Elementary and junior high
schools
2. High Schools
3. Business, technical and trade
schools
4. Colleges, universities
5. Kindergartens, child care centers,
nursery schoo1a and similar uses
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One (1) for each four (4) seats;
One (1) for each two hundred and
fifty (250) sq. ft. floor area;
One (1) for each two hundred (200)
sq. ft. of floor area;
One (1) for each four hundred (400)
sq. ft. of floor area; and
One (1) for each three hundred (300)
sq. ft. of floor area.
One (1) for each five (5) seats;
One (1) for each bed;
One (1) for each two (2) beds;
One (1) for every two hundred (200)
sq. ft. floor area of examination,
treating room office and waiting room; and
One (1) for each four hundred (400)
sq. ft. floor area.
Two (2) for each classroom and one (1)
for every eight (8) seats in auditoriums
or assembly halls;
One (1) for every ten (10) students and
one (1) for each teacher and employee;
One (1) for each two (2) students;
One (1) for each four (4) students; and
Two (2) for each classroom but not less
than six (6) for the building.
Manufacturing
1. All types of manufacturing,
storage and wholesale uses
permitted in any manufactur-
ing district
2. Express, parcel delivery and
freight terminal
SECTION E. GENERAL INTERPRETATIONS
One (1) for every two (2) employees
(on the largest shift for which the
building is designed) plus one (1) for
each motor vehicle used in the business,
and
One (1) for every two (2) employees
(on the largest shift for which the
building was designed) and one (1) for
each motor vehicle maintained on the
premises.
In the interpretation of this Article, the following shall govern:
1. Parking spaces for other permitted or conditional uses not listed in
Article shall be determined by the Administrator;
2. Fractional numbers shall be increased to the next whole number; and
3. Where there is an adequate public transit system or where for any
other reason parking demand is unusually low, then the parking space
provisions cited above may be reduced proportionately by the Council.
53
ARTICLE XV
APPEAL, VARIANCE AND ACTION BY AFFECTED PERSONS
SECTION A. GENERAL
The Council shall consider administrative. appeals where it is alleged that an
error has been made by the Administrator, variances from the terms of this
Ordinance and requests for hearings from affected persons.
SECTION B. ADMINISTRATIVE APPEALS
Appeals to the Council concerning interpretation or administration of this
Ordinance may be taken by any person aggrieved or by any officer or bureau of the
legislative authority affected by any decision of the Administrator. Such
appeal shall be taken within twenty (20) days after the decision of the Adminis-
trator by filing with the Administrator and with the Council a notice of appeal
specifying the grounds upon which the appeal is being taken. The Administrator
shall transmit to the Council all the papers constituting the record upon
which the appeal is based.
SECTION C. STAY OF PRODEEDINGS
An appeal stays all proceedings in furtherance of the action taken unless the
Administrator certifies to the Council after the notice of appeal is filed with
him that by reason of facts stated in the application, a stay would, in his
opinion, cause imminent peril to life and property. In such case, proceedings
shall not be stayed other than by a restraining order which may be granted by
the Council or by a court based upon an application, with notice to the Administra-
tor showing due cause.
SECTION D. VARIANCE
The Council may authorize in specific cases such variance from the terms of
this Ordinance as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this Ordinance
would result in unnecessary hardship. No non -conforming use of neighboring
lands,structures or buildings in the same district and no permitted or non -con-
forming use of lands, structures or buildings in other districts shall be
considered grounds for issuance of a variance. Variances shall not be granted
on the grounds of convenience or profit, but only where strict application of
the provisions of this Ordinance would result in unnecessary hardship.
SECTION E. APPLICATION AND STANDARDS FOR VARIANCES
A variance from the terms of this Ordinance shall not be granted by the
Council unless and until a written application for a variance is submitted to
the Administrator and the Council containing:
1. Name, address and phone number of applicant(s);
2. Legal description of property;
3 Description of nature of variance requested; and
54
4. A narrative statement demonstrating that the requested variance
conforms to the following standards:
a. That special conditions and circumstances exist which are per-
culiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the
same district;
b. That a literal interpretation of the provisions of this Ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Ordinance;
c. That special conditions and circumstances do not result from
the actions of the applicant; and
d. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this Ordinance
to other lands, structures or buildings in the same district.
A variance shall not be granted unless the Council makes specific findings
of the fact based directly on the particular evidence presented to it which
support conclusions that the above mentioned standards and conditions have
been met by the applicant.
SECTION F. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
Under no circumstances shall the Council grant an appeal or variance to allow
a use not permissible under the terms of this Ordinance in the district involved,
or any use expressly or by implication prohibited by the terms of this Ordinance
in said district. In granting any appeal or variance, the Council may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. Violation
of such conditions and safeguards, when made a part of the terms under which the
appeal or variance is granted, shall be deemed a violation of this Ordinance.
SECTION G. PUBLIC HEARING
Upon receipt of the application for an appeal or a varinace, the Council shall
hold a public hearing, publish notice in a newspaper and give written notice to
all parties as required for Conditional Use Permits.
SECTION H. ACTION BY THE COUNCIL
Within thirty (30) days after the public hearing the Council shall either
approve, conditionally approve or disapprove the request for appeal or variance.
Upon granting or denying an application the Council shall specify:
1. The Ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit,
SECTION I. NOTIFICATION TO APPLICANT
Within ten (10) days after a decision has been rendered, the Administrator shall
provide the applicant with written notice of the action on the request,
55
SECTION J. REQUEST FOR HEARING BY AFFECTED PERSONS
An affected person shall mean one having an interest in real property which
may be adversely affected by the issuance or denial of a permit authorizing
the development.
Any affected person may at any time prior to final action on Rezone,
Conditional Use, or Variance Permit, if no hearing has been held on the application,
petition the Council in writing to hold a hearing as required, provided however,
that if twenty (20) affected persons petition for a hearing the hearing shall
be held.
After a hearing the Council may:
1. Grant or deny a permit; or
2. Delay such a decision for a definite period of time for further
study or hearing.
An affected person aggrieved by a decision may within sixty (60) days after
all remedies have been exhausted under local Ordinances seek judicial review
under the procedures provided by Section 67-5215(b) through (g) and 67-5216,
Idaho Code.
56
ARTICLE XVI
ENFORCEMENT
SECTION A. ZONING PERMITS REOUIRED
No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or changed in
use without a permit therefor issued by the Administrator. Zoning Permits shall
be issued only in conformity with the provisions of this Ordinance.
SECTION B. CONTENTS OF APPLICATION
The application for Zoning Permit shall be signed by the owner or applicant
attesting to the truth and exactness of all information supplied on the
application. Each application shall clearly state that the Permit shall
expire and may be revoked if work has not begun or is substnatially completed
within one (1) year. At a minimum, the application shall contain the
following information.
1. Name, address and phone number of applicant:
2. Legal description of property;
3. Existing use:
4. Proposed use;
5. Zoning district:
6. Plan, drawn to scale, showing the actual dimensions and the shape of the
lot to be built upon; the exact size and location of existing buildings
on the lot, if any; and the location and dimensions of the proposed
building(s) or alteration;
7. Building heights;
8. Number of off-street parking spaces or loading berths;
9. Number of dwelling units;
10. Proposed sewer and water facilities; and
11. Such other matters as may be necessary to determine conformance with,
and provide for, the enforcement of this Ordinance.
SECTION C. APPROVAL OF ZONING PERMIT
Within thirty (30) days after the receipt of an application, the Administrator
shall either approve of disapprove the application in conformance with the provisions
of this Ordinance. All zoning permits shall, however, be conditional upon
the commencement of work within one (1) year. One (1) copy of the plans
shall be returned to the applicant by the Administrator after the Administrator
shall have marked such copy either as approved or disapproved and attested to
same by his signature on such copy. One (1) copy of plans, similarly marked,
shall be retained by the Administrator. The Administrator shall issue a placard,
to be posted in a conspicuous place on the property in question, attesting
to the fact that the use or alteration is in conformance with the provisions
of this Ordinance.
SECTION D. EXPIRATION OF ZONING PERMIT
If the work described in any Zoning Permit has not begun within one (1)
year from the date of issuance thereof, said Permit shall expire; it shall
be revoked by the Administrator and written notice thereof shall be given
to the persons affected.
57
SECTION E. CERTIFICATE OF OCCUPANCY
It shall be unlawful to use or occupy or permit the use or occupancy of any
building or permises, or both, or part thereof thereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its use or
structure until a Certificate of Occupancy shall have been issued therefor
by the Administrator stating that the proposed use of the building or land
conforms to the requirements of this Ordinance and with all conditional provisions
that may have been imposed.
SECTION F. TEMPORARY CERTIFICATE OF OCCUPANCY
A temporary Certificate of Occupancy may be issued by the Administrator
for a period not exceeding six (6) months during alterations or partial
occupancy of a building pending its completion.
SECTION G. RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY
The Administrator shall maintain a record of all Zoning Permits and
Certificates of Occupancy and copies shall be furnished upon request to any
persons.
SECTION H. FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY
Failure to obtain a Zoning Permit of Certificate of Occupancy shall be
a violation of this Ordinance.
SECTION I. CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLAN,
PERMITS AND CERTIFICATES
Zoning Permits or Certificates of Occupancy issued on the basis of plans and
applications approved by the Administrator authorize only the use, and arrangement,
set forth in such approved plans and applications or amendments thereto, and
no other use, arrangement or construction. Use, arrangement or construction
contrary to that authorized shall be deemed a violation of this Ordinance.
SECTION J. COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this Ordinance occurs, or is alleged to have occured,
any person may file a written complaint. Such complaint stating fully the
causes and basis thereof shall be filed with the Administrator. The
Administrator shall properly record such complaint, immediately investigate
and take action thereon as provided by this Ordinance.
SECTION K. PENALTIES
The (Prosecuting Attorney/City Attorney) shall, in addition to taking
whatever criminal action deemed necessary, take steps to civilly enjoin any
violation of this Ordinance. Penalties for failure to comply with or
violations of the provisions of this Ordinance shall be as follows:
"Violation of any of the provisions of this Ordinance or failure to
comply with any of its requirements shall constitute a misdemeanor.
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Each day such violation continues shall be considered a separate
offense. The landowner, tenant, subdivider, builder, public
official or any other person who commits, participates in, assists
in or maintains such violation may be found guilty of a separate
offense. Nothing herein contained shall prevent the Council or
any other public official or private citizen from taking such lawful
action as is necessary to restrain or prevent any violation of this
Ordinance or of the Idaho Code."
SECTION L. SCHEDULE OF FEES, CHARGES AND EXPENSES
The Council shall establish a schedule of fees, charges and expenses and
a collection procedure for Zoning Permits, amendments, appeals, variances,
Conditional Use Permits, plan approvals and other matters pertaining to
the administration and enforcement of this Ordinance requiring investigations,
inspections, legal advertising, postage and other expenses. The schedule of
fees shall be posted in the office of the Administrator, and may be altered
or amended only by the Council. Until all applicable fees, charges and
expenses have been paid in full, no action shall be taken on any application
or appeal.
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ARTICLE XVII
AMENDMENT
SECTION A. GENERAL
Whenever the public necessity, convenience, general welfare or good zoning
practices require, the Council may, by Ordinance after receipt of
recommendation thereon from the Commission and subject to procedures provided
by law, amend, supplment, change or repeal the regulations, restrictions and
boundaries or classification of property.
SECTION B. INITIATION OF ZONING AMENDMENTS
Amendments to this Ordinance may be initiated in one (1) of the following
ways:
1. By adoption of a motion by the Commission;
2. By adoption of a motion by the Council: and
3. By the filing of an application by a property owner or a person
who has existing interest in property within the area proposed
to be changed or affected by said amendment.
SECTION C. CONTENTS OF APPLICATION
Applications for amendments to the Official Zoning Nap adopted as part
of this Ordinance shall contain at least the following information;
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the Council.
3. Present land use;
4. Present zoning district;
5. Proposed use;
6. Proposed zoning district;
7. A vicinity map at a scale approved by the Administrator showing
property lines, thoroughfares, existing and proposed zoning and
such other items as the Administrator may requires
8. A list of all property owners and their mailing addresses who
are within three hundred (300) feet of the external boundaries
of the land being considered;
9. A statement on how the proposed amendment relates to the
Comprehensive Plan, availability of public facilities and
compatibility with the surrounding area; and
10. A fee as established by the Council.
SECTION D. TRANSMITTAL TO COMMISSION
Zoning districts shall be amended in the following manner:
1. Requests for an amendment to the Zoning Ordinance shall be submitted
to the Commission which shall evalaute the request to determine the
extent and nature of the amendment requested:
2. If the request is in accordance with the adopted Comprehensive Plan,
the Commission may recommend and the Council may adopt or reject the
Ordinance amendment under the notice and hearing procedures as
herein provided; and
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3. If the request is not in accordance with the adopted Comprehensive
Plan, the request shall be submitted to the Planning
or Planning and Zoning Commission, or in its absence, the Council,
which shall recommend and the Council may adopt or reject an amend-
ment to the Comprehensive Plan under the notice and hearing precedures
provided in Section 67-6509, Idaho Code. After the Comprehensive
Plan has been amended, the Zoning Ordinance may then be amended
as hereinafter provided for.
SECTION E. COMMISSION PUBLIC HEARING
The Commission shall hold a public hearing and make recommendations on pro-
posed zoning amendments. Zoning amendments may consist of text or map revisions.
1. Zoning Ordinance Text Amendment - The Commission, prior to recommending
a Zoning Ordinance Text Amendment to the Council shall conduct at
least one (1) public hearing in which interested persons shall have
an opportunity to be heard. At least fifteen (15) days prior to the
hearing, notice of time and place and the amendment shall be published
in the official newspaper or paper of general circulation within the
jurisdiction. Following the Commission's hearing, if the Commission
makes a material change from what was presented at the public hearing;
further notice and hearing shall be provided before the Commission
forwards the amendment with its recommendation to the Council.
2. Zoning Ordinance Map Amendment - The Commission, prior to recommending
a Zoning Ordinance Map Amendment that is in accordance with the
Comprehensive Plan to the Council shall conduct at least one (1)
public hearing in which interested persons shall have an opportunity
to be heard. At least fifteen (15) days prior to the hearing, notice
of time and place and the amendment shall be published in the official
newspaper or paper of general circulation within the jurisdiction.
Additional notice shall be provided by mail to property owners and
residents within the land being considered; three hundred (300) feet
of the external boundaries of the land being considered; and any
additional area that may be impacted by the porposed change as
determined by the Commission. When notice is required to two hundred
(200) or more property owners or residents, in lieu of the mail
notification three (3) notices in the official newspaper or paper
of general circulation is sufficient, provided that, the thirdnotice
appears ten (10) days prior to the public hearing. Following the
Commissions's hearing, if the Commission makes a material change
from what was presented at the public hearing, further notice and
hearing shall be provided before the Commission forwards the amend-
ment with its recommendation to the Council.
SECTION F. RECOMMENDATION BY COMMISSION
Within forty-five (45) days from the receipt of the proposed amendment, the
Commission shall transmit its recommendation to the Council. The Commission may
recommend that the amendment be granted as requested, or it may recommend a
modification of the amendment requested, or it may recommend that the amendment
be denied. The Commission shall insure that any favorable recommendations for
amendments are in accordance with the Comprehensive Plan and established goals and
objectives.
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SECTION G. ACTION BY COUNCIL
The Council, prior to adopting, revising or rejecting the amendment to
to Zoning Ordinance as recommended by the Commission shall conduct at least
one (1) public hearing using the same notice and hearing procedures as the
Commission. Following the Council hearing, if the Council makes a material
change from what was presented at the public hearing, further notice and hearing
shall be provided before the Council adopts the amendment.
The Council shall accept the recommendation of the Commission's report unless
rejected by a vote of one-half (1/2) plus one (1) of the members.
Upon granting or denying an application to amend the Zoning Ordinance, the
Council shall specfy:
1. The Ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
In the event the Council shall approve an amendment, such amendment shall
thereafter be made a part of this Ordinance upon the preparation and passage
of an Ordinance.
SECTION H. RESUBMISSION OF APPLICATION
No application for a reclassification of any property which has been denied
by the Council shall be resubmitted in either substantially the same form or
with reference to substantially the same premises for the same purposes within
a period of one (1) year from the date of such final action; unless there is
an amendment in the Comprehensive Plan which resulted from a change in conditions
as applying to the specific property under consideration.
SECTION I. ZONING UPON ANNEXATION
Prior to annexation of an unincorporated area, the Council shall request
and receive a recommendation from the Planning and Zoning Commission, or the
Planning Commission and the Zoning Commission, on the proposed Comprehensive
Plan and Zoning Ordinance changes for the unincorporated area. Each Commission
and the City Council shall follow the notice and hearing procedures. Concurrently
or immediately following the adoption of an Ordinance of Annexation, the Council
shall amend the Comprehensive Plan and Zoning Ordinance.
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PROOF OF PUBLICATION
State of Idaho,
County of Ada
I,
ss.
un
{1lllti.c , being first duly
sworn, depose and say, that I am over twenty-one years
of age, and chief clerk of VALLEY NEWS, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
% n - consecutiv`/e�/)]wee the`first publication being on
the day of .-i,.+1- ?U.L2t 1 , 19_.&_) and the last
publication being on the .A5_ day of _iCO� bL4)- ,
19.`1
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspaper within
the meaning of the Idaho statutes. (�
lief Clerk
Subscrib I} and worn to before me this day
of (�-/-
No ry Public in
Residence or Postoffice Address7l � k i Zi_L.., Idaho.