There is established the Membership Lodging Special Overlay District (MLSOD) and the standards and regulations by which certain land uses may be permitted therein.

(Ord. No. Q-22, § 2(part), 1994)

This chapter establishes a Membership Lodging Special Overlay District (MLSOD). The purposes of this chapter are:

(1)

To define the area where a membership lodging can be established;

(2)

To establish the boundaries of the MLSOD; and

(3)

To protect the public interest by setting forth standards and procedures required of all groups in the MLSOD. These are identified and described below.

(Ord. No. Q-22, § 2(part), 1994)

The purpose of the MLSOD is to provide within the city a special/designated area for membership lodging. Although special districts have special zoning requirements, the following MLSOD zoning requirements are in addition to the standard zoning requirements approved by city council. All zone classifications underlying the district apply to the MLSOD. But if/when these differ from the special requirements of the MLSOD, the more restrictive requirement(s) will apply.

(Ord. No. Q-22, § 2(part), 1994; Ord. No. U-97, § 145, 1-27-2009)

The following uses are allowed in the MSLOD if they comply with the development standards of this title:

(1)

All underlying zone uses in accordance with sections 21.25.030, 21.20.030, 21.24.030, 21.28.030 and 21.32.030;

(2)

Membership lodging quarters as defined in section 21.08.353.

(Ord. No. Q-22, § 2(part), 1994; Ord. No. U-97, § 146, 1-27-2009)

(a)

Minimum lot size. The lot size in the MLSOD for any membership lodging dwelling unit (MLDU) shall be a minimum of 7,000 square feet.

(b)

Buffering through landscaping and screening. The purpose of these buffering requirements for the MLSOD are to provide a visual separation and sound buffer between any MLDU and any pre-existing adjoining residential lot. Buffering will maximize compatibility between different intensities of land uses by providing visual and sound buffers to separate the areas of intensive use occupied by MLDU's from less intensive use properties. The following landscaping and screening standards shall apply to the MLSOD:

(1)

Buffering is to consist of sight obscuring evergreens that are no less than four feet above the ground when planted and which will reach a minimum of eight feet within four years of planting. These evergreens will be planted close enough to each other so that they will create a solid barrier within four years. All replacement plants will be six feet or the height of existing plants.

(2)

These sight-obscuring evergreen buffers are to be provided and maintained by the MLDU and/or by the property owner(s) of an MLDU. Residents and/or property owners shall keep the required planting areas maintained with an automatic sprinkler system and in a manner to serve the original purpose intended. Lack of maintenance shall constitute a violation of this code.

(3)

Landscaping in all developments located within the MLSOD for aesthetic purposes, shall consist of a mix of evergreen and deciduous plantings including living trees, shrubs and ground covers. Plantings of shrubs and ground covers shall be chosen and spaced to result in a covering of the planting area within three years.

(4)

A landscaping plan, using an appropriate engineering scale, and showing the following, shall be submitted to the community development director for review and approval for any new construction, any change of use, or any construction resulting in increased occupancy before the issuance of any building permits. All required landscaping shall be installed prior to the issuance of a certificate of occupancy.

(A)

Boundaries and dimensions of the site;

(B)

Common and scientific names for plant materials and size at planting and maturity;

(C)

Proposed location and quantity of all plant material;

(D)

Location and identification of all streets, alleys and easements on or abutting the site;

(E)

Proposed location and dimensions of all on-site buildings;

(F)

Topographic contours at one-foot intervals.

(5)

All landscaping within the "clear view triangle" will meet the requirements of chapter 21.46 of the Cheney Municipal Code.

(6)

Planting areas shall include liberal landscaping using combinations of such materials as trees, ornamental shrubs, gravel, river rock, driftwood, rockeries or lawn, provided that no gravel will be allowed in any area considered to be the front yard.

(7)

At least ten percent of the parking area shall be devoted to landscaping provided that:

(A)

Parking and landscaping shall be contiguous unless otherwise approved by the planning commission;

(B)

Parking lots containing less than 20 parking spaces need provide only perimeter screening and buffering to satisfy the ten percent area requirement;

(C)

When a parking area abuts residentially zoned property, along any interior property line, plants shall be chosen and spaced so they grow together within three years in a manner sufficient to minimize sound and obscure sight, through the barrier. Evergreen trees shall be a minimum height of four feet at time of planting.

(8)

An occupancy permit may be issued and installation of all required landscaping may be delayed by order of the building official for a period not to exceed six months when such installation is impracticable by reason of inclement weather; and, provided further, that no such delay shall be granted unless the landscaping contractor or owner furnished the city with a performance bond or other security satisfactory to the city, on condition that such person or persons shall faithfully install the landscaping requirements in accordance with the ordinances of the city and within the time prescribed by the building official.

(Ord. No. Q-22, § 2(part), 1994; Ord. No. U-97, § 147, 1-27-2009)

The planning commission may waive some of the landscaping requirements in the following instances:

(1)

When application of requirements of this section would result in more than 15 percent of the site area being landscaped. In such case the planning commission may modify those requirements so that not more than 15 percent of the site must be landscaped, providing that the landscaping and corresponding setbacks required are those most beneficial to the public;

(2)

When the inclusion of significant vegetation located on the site would result in as good as or better satisfaction of the purposes of this section; and

(3)

When the landscaping would interfere with adequate flow or stormwater runoff, as determined by the Cheney public works director, along drainage easements and/or when the landscaping would interfere with the adequate treatment of stormwater in grassed percolation areas.

(Ord. No. Q-22, § 2(part), 1994; Ord. No. R-81, § 1, 1999)

Setbacks, height and density requirements for non-membership lodging uses shall adhere to the underlying zone requirements set forth in the respective chapters of the Cheney Municipal Code. Setbacks, height and density requirements for membership lodging are as follows:

1.

Front setback: 15 feet.

2.

Corner setback: 15 feet.

3.

Interior side setback: 7½ feet.

4.

Rear setback: 30 feet.

5.

Building height. No building or structure shall be greater than 35 feet in height to be measured from the first floor at ground level.

6.

Minimum lot size: 7,000 square feet.

7.

Maximum lot coverage by square feet: 40 percent.

(Ord. No. W-22, § 57, 4-22-2014; Ord. No. U-97, § 148, 1-27-2009; Ord. No. Q-22, § 2(part), 1994)

The purpose of the off-street parking requirements is not only to provide the public and residents of the building with an adequate number of parking spaces, on-site, but also, to provide for vehicular ingress and egress to and from the property from public streets, and for access to the property by emergency vehicles. The intent is to eliminate congestion on public streets, provide for internal on-site vehicular circulation, and allow for controlled access from private property on to a public street. The standards for off-street parking in the membership lodging district are as follows:

(1)

Off-street parking requirements shall be provided in accordance with the requirements of chapter 21.40 of the Cheney Municipal Code except where amended by this section of the CMC.

(2)

Off-street parking facilities required under this chapter shall be as follows: Sixty percent of the required parking shall be located on site. Forty percent of the required parking may be provided for through a contractual agreement or real property purchase off site. This off-site location can be either inside the delineated MLSOD boundary or outside the boundary within a distance of 1,200 feet from any directional boundary line of the MLDU site.

(3)

The number of off-street parking spaces required is three spaces for every four residents of the MLDU.

(4)

Parking shall be so designed that automobiles shall not back out into public streets. Single-family and duplex residences are exempt.

(5)

Parking shall only be permitted on the side or rear of the lot. No parking will be allowed to occur in the front yard area where normally there will be lawn or landscaping.

(6)

All required parking areas will be paved, within six months of approval or one year with proof of action for paving, with a non-permeable surface acceptable to the city's public works director and will be buffered from adjoining properties.

(7)

Standard vehicle stalls shall not be less than 30 percent of the total required off-street parking spaces.

(8)

Compact vehicle stalls shall not exceed 70 percent of the total required off-street parking spaces.

(9)

Any area gained to accommodate compact vehicle stalls shall not be used to increase the number of required off-street parking spaces.

(Ord. No. Q-22, § 2(part), 1994; Ord. No. R-4, §§ 3-5, 1997; Ord. No. R-81, §§ 2, 3, 1999)

All signage requirements shall be provided in accordance with chapter 21.54 of the Cheney Municipal Code unless otherwise amended by this section of the CMC. The requirements of this chapter are not applicable to any other residential zone. The following types of signs are permitted within the membership lodging overlay district:

(1)

One sign, not to exceed 40 square feet in area. Such signs may be illuminated and landscaped but shall not be flashing. Such sign may advertise the name or symbol or the membership lodging and cannot exceed five feet in height from ground level;

(2)

Letters, signifying the symbol of the organization, not to exceed three feet in height and two feet in width may be placed either on the side or front of the structure but not both.

(Ord. No. Q-22, § 2(part), 1994)

Fences six feet to eight feet in height are permitted along the property lines. Fences of this height are only permitted in the side and rear yards and shall be constructed of wood or be chain linked fencing with sight obscuring slats. No wire or cyclone fences will be allowed. Fences of this height and nature are permitted, not in lieu of but also in addition to landscaping, between membership lodging and residential uses as described in section 21.26.040(1). All other fences will adhere to the underlying zone requirements in accordance with section 21.44.010(2), (3) of the CMC.

(Ord. No. Q-22, § 2(part), 1994)

Any person or organization intending to alter or remodel a building intended for membership lodging shall submit to the department of community development a site plan during the earliest possible stages of planning before any building permits are issued. A site development plan will show in detail the following information:

(1)

The exact boundaries and legal description of the property to be developed;

(2)

All proposed improvements that are to be constructed on the land and their precise locations;

(3)

The location and dimensions of all off-street parking facilities;

(4)

A tabulation of the percentage of total building coverage on the lot;

(5)

A tabulation of densities within the structure;

(6)

Building elevations showing typical architectural styles to be constructed;

(7)

A storm drainage plan approved by the city director of public works;

(8)

A landscape plan and location of fencing for yards;

(9)

That the location for the proposed use meets the minimum parcel size of 7,000 square feet;

(10)

That building facades be designed to convey a sense of order through the interplay of light, shadow and texture;

(11)

Facades shall reflect the quality and the sense of order of the underlying structure in a clear and consistent manner.

(Ord. No. U-97, § 149, 1-27-2009; Ord. No. Q-22, § 2(part), 1994)

As shown on the City of Cheney's Official Zoning Map.

(Ord. No. W-22, § 58, 4-22-2014; Ord. No. Q-22, § 2(part), 1994)