The provisions of this chapter shall be known as the ZONING DISTRICT SCHEDULE. The purpose of these provisions is to indicate the uses permitted and the development standards for each zoning district. (Ord. 1815 §1(part), 1983: Ord. 1691 §1(part), 1982)

   A.   The R-1 District is intended as a residential area that permits single-family detached housing at a density of one unit per gross acre (i.e., the density for an acre of unsubdivided land, regardless of where streets, etc., may or may not be located, will be calculated at a maximum of 1 unit).

   B.   The gross acre calculation is intended to provide the subdivider flexibility, so when dedicating land for public use, the density may be made up elsewhere in the subdivision as long as the other site performance standards are met.

   C.   This district is intended for those areas of the City that are developed at this density or are preferably developed at this density because of factors such as vehicular access, topography, flood hazard, and landslide hazard.

   D.   A maximum of two (2) dwelling units are allowed per lot provided the lot meets the minimum lot square footage for two (2) units and each dwelling unit meets the minimum yard (setback) requirements.

      1.   For the purposes of this section, the term "two (2) dwelling units" shall mean two (2) single family dwelling units or one single family dwelling unit and one accessory dwelling unit (ADU). (Ord. 3600, 2018: Ord. 1815 §1(part), 1983)

Principal permitted uses in an R-1 District shall be as follows:

Essential service (underground).

"Home occupation", as defined in this title.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3332 §2, 2008: Ord. 1815 §1(part), 1983)

Accessory permitted uses in an R-1 District shall be as follows:

Accessory dwelling units.

Facilities for the housing and sheltering of animals.

Garage or carport (attached or detached). (Ord. 3288 §5, 2007: Ord. 1815 §1(part), 1983)

Permitted uses by special use permit in an R-1 District shall be as follows:

Commercial film production.

Community education.

Essential service (aboveground).

Noncommercial kennel.

Religious assembly. (Ord. 3332 §3, 2008: Ord. 2653 §2, 1994: Ord. 2049 §19, 1987: Ord. 1815 §1(part), 1983)

Maximum height requirements in an R-1 District shall be as follows:

MAXIMUM HEIGHT

 

 

Notes:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

2.   Unless otherwise specified.

(Ord. 3299 §1, 2007: Ord. 3288 §6, 2007: Ord. 1958 §2, 1986: Ord. 1889 §2, 1985: Ord. 1815 §1(part), 1983)

(Rep. by Ord. 2995 §3, 2000)

Minimum lot requirements in an R-1 District shall be thirty four thousand five hundred (34,500) square feet. All buildable lots must have seventy five feet (75') of frontage on a public street, unless an alternative is approved by the City through normal subdivision procedure (i.e., cul-de-sac and flag lots), or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 1815 §1(part), 1983)

   A.   Minimum yard requirements for residential activities in an R-1 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Side, Street: The street side yard requirement shall be twenty feet (20').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard shall be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   Minimum yard requirements for nonresidential activities in an R-1 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

      3.   Side, Street: The street side yard requirement shall be twenty five feet (25').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   C.   There will be no permanent structures erected within the corner cutoff areas.

   D.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 1889 §3, 1985: Ord. 1815 §1(part), 1983)

   A.   Minimum yard requirements for nonresidential activities in an R-1 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

      3.   Side, Street: The street side yard requirement shall be twenty five feet (25').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 3600, 2018)

   A.   The R-3 District is intended as a residential area that permits single-family detached housing at a density of three (3) units per gross acre (i.e., the density for an acre of unsubdivided land, regardless of where streets, etc., may or may not be located, will be calculated at a minimum of 3 units).

   B.   The gross acre calculation is intended to provide the subdivider flexibility, so when dedicating land for public use, the density may be made up elsewhere in the subdivision as long as the other site performance standards are met.

   C.   This district is intended for those areas of the City that are developed at this density because of factors such as vehicular access, topography, flood hazard and landslide hazard.

   D.   A maximum of two (2) dwelling units are allowed per lot provided the lot meets the minimum lot square footage for two (2) units and each dwelling unit meets the minimum yard (setback) requirements.

      1.   For the purposes of this section, the term "two (2) dwelling units" shall mean two (2) single family dwelling units or one single family dwelling unit and one accessory dwelling unit. (Ord. 3600, 2018: Ord. 1815 §2, 1983: Ord. 1691 §1(part), 1982)

Principal permitted uses in an R-3 District shall be as follows:

Administrative.

Essential service (underground).

"Home occupation", as defined in this title.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3332 §4, 2008: Ord. 2049 §20, 1987: Ord. 1691 §1(part), 1982)

Accessory permitted uses in an R-3 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Private recreation facility (enclosed or unenclosed). (Ord. 3288 §7, 2007: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an R-3 District shall be as follows:

Commercial film production.

Community assembly.

Community education.

Community organization.

Convenience sales.

Essential service (aboveground).

Noncommercial kennel.

Religious assembly. (Ord. 3332 §5, 2008: Ord. 2653 §3, 1994: Ord. 2049 §21, 1987: Ord. 2029 §1, 1987: Ord. 1691 §1(part), 1982)

Maximum height requirements in an R-3 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3299 §2, 2007: Ord. 3288 §8, 2007: Ord. 1958 §3, 1986: Ord. 1889 §4, 1985: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §4, 2000)

Minimum lot requirements in an R-3 District shall be eleven thousand five hundred (11,500) square feet. All buildable lots must have seventy five feet (75') of frontage on a public street, unless an alternative is approved by the City through normal subdivision procedure (i.e., cul-de-sac and flag lots), or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 1691 §1(part), 1982)

   A.   Minimum yard requirements for residential activities in an R-3 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3600, 2018)

   A.   Minimum yard requirements for nonresidential activities in an R-3 District shall be as follows:

      1.   Front: The front yard requirements shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

      3.   Side, Street: The street side yard requirement shall be twenty five feet (25').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard shall be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 3600, 2018)

   A.   The R-5 District is intended as a residential area that permits single-family detached housing at a density of five (5) units per gross acre (i.e., the density for an acre of unsubdivided land, regardless of where streets, etc., may or may not be located, will be calculated at a minimum of 5 units).

   B.   The gross acre calculation is intended to provide the subdivider flexibility, so when dedicating land for public uses, the density may be made up elsewhere in the subdivision as long as the other site performance standards are met.

   C.   A maximum of two (2) dwelling units are allowed per lot provided the lot meets the minimum lot square footage for two (2) units and each dwelling unit meets the minimum yard (setback) requirements.

      1.   For the purposes of this section, the term "two (2) dwelling units" shall mean two (2) single family dwelling units or one single family dwelling unit and one accessory dwelling unit (ADU). (Ord. 3600, 2018: Ord. 2502 §2, 1993)

Principal permitted uses in an R-5 District shall be as follows:

Administrative.

Essential service (underground).

"Home occupation", as defined in this title.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3332 §6, 2008: Ord. 2502 §3, 1993)

Accessory permitted uses in an R-5 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Open areas and swimming pools.

Outside storage when incidental to the principal use.

Private recreation facility (enclosed or unenclosed).

Temporary construction yard.

Temporary real estate office. (Ord. 3288 §9, 2007: Ord. 2502 §4, 1993)

Permitted uses by special use permit in an R-5 District shall be as follows:

Bed and breakfast facility.

Commercial film production.

Community assembly.

Community education.

Community organization.

Convenience sales.

Essential service (aboveground).

Noncommercial kennel.

Religious assembly. (Ord. 3332 §7, 2008: Ord. 2653 §4, 1994: Ord. 2502 §5, 1993)

Maximum height requirements in an R-5 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3299 §3, 2007: Ord. 3288 §10, 2007: Ord. 2502 §6, 1993)

(Rep. by Ord. 2995 §5, 2000)

Minimum lot requirements in an R-5 District shall be eight thousand five hundred (8,500) square feet. All buildable lots must have fifty feet (50') of frontage on a public street, unless an alternative is approved by the City through the normal subdivision procedure (i.e., cul-de-sac and flag lots), or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 2502 §8, 1993)

   A.   Minimum yard requirements for residential activities in an R-5 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3600, 2018)

   A.   Minimum yard requirements for nonresidential activities in an R-5 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

      3.   Side, Street: The street side yard requirement shall be twenty five feet (25').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 3600, 2018)

   A.   The R-8 District is intended as a residential area that permits a mix of housing types at a density not greater than eight (8) units per gross acre.

   B.   In this district a special use permit, as prescribed in section 17.09.205 of this title may be requested by neighborhood sponsor to restrict development for a specific area to single-family detached housing only at eight (8) units per gross acre. To constitute neighborhood sponsor, at least sixty six percent (66%) of the people who own at least sixty six percent (66%) of the property involved must be party to the request. The area of the request must be at least one and one-half (11/2) acres bounded by streets, alleys, rear lot lines, or other recognized boundary. Side lot lines may be used for the boundary only if it is also the rear lot line of the adjacent property.

   C.   Project review (see sections 17.07.305 through 17.07.330 of this title) is required for all subdivisions and for all residential, civic, commercial, service and industry uses, except residential uses for four (4) or fewer dwellings.

   D.   A maximum of two (2) dwelling units are allowed per lot provided the lot meets the minimum lot square footage for two (2) units and each dwelling unit meets the minimum yard (setback) requirements.

      1.   For the purposes of this section, the term "two (2) dwelling units" shall mean two (2) single family dwelling units, one single family dwelling unit and one accessory dwelling unit (ADU), or one duplex. (Ord. 3600, 2018: Ord. 3560, 2017)

Principal permitted uses in an R-8 District shall be as follows:

Administrative.

Duplex housing.

Essential service (underground).

"Home occupation", as defined in this title.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3560, 2017)

Accessory permitted uses in an R-8 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Private recreation facility (enclosed or unenclosed). (Ord. 3288 §13, 2007: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an R-8 District shall be as follows:

A two (2) unit per gross acre density increase.

Boarding house.

Childcare facility.

Commercial film production.

Community assembly.

Community education.

Community organization.

Convenience sales.

Essential service (aboveground).

Group dwelling - detached housing.

Handicapped or minimal care facility.

Juvenile offenders facility.

Noncommercial kennel.

Religious assembly.

Restriction to single-family only. (Ord. 3332 §9, 2008: Ord. 2653 §5, 1994: Ord. 2093 §5, 1988: Ord. 2049 §23, 1987: Ord. 2029 §2, 1987: Ord. 1692 §1(part), 1982)

Maximum height requirements in an R-8 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3299 §4, 2007: Ord. 3288 §14, 2007: Ord. 1958 §4, 1986: Ord. 1889 §6, 1985: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §6, 2000)

The minimum lot requirements in an R-8 District shall be five thousand five hundred (5,500) square feet per unit per individual lot. All buildable lots must have fifty feet (50') of frontage on a public street, unless an alternative is approved by the City through normal subdivision procedure, or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 3560, 2017)

   A.   Minimum yard requirements for residential activities in an R-8 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3600, 2018)

Minimum yard requirements for nonresidential activities in an R-8 District shall be as follows:

   A.   Front: The front yard requirement shall be twenty feet (20').

   B.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

   C.   Side, Street: The street side yard requirement shall be twenty five feet (25').

   D.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 1889 §8, 1985)

   A.   The R-12 District is intended as a residential area that permits a mix of housing types at a density not greater than twelve (12) units per gross acre.

   B.   In this district a special use permit, as prescribed in chapter 17.09, article III of this title, may be requested by neighborhood sponsor to restrict development for a specific area in single-family detached housing. To constitute neighborhood sponsor, sixty six percent (66%) of the people who own at least sixty six percent (66%) of the property involved must be party to the request. The area of the request must be at least one and one-half (11/2) gross acres bounded by streets, alleys, rear lot lines or other recognized boundary. Side lot lines may be used for the boundary only if it is also the rear lot line of the adjacent property.

   C.   Project review (see chapter 17.07, article IV of this title) is required for all subdivisions and for all residential, civic, commercial, service, and industry uses except residential uses for four (4) or fewer dwellings.

   D.   A maximum of two (2) dwelling units are allowed per lot provided the lot meets the minimum lot square footage for two (2) units and each dwelling unit meets the minimum yard (setback) requirements.

      1.   For the purposes of this section, the term "two dwelling units" shall mean two (2) single family dwelling units, one single family dwelling unit and one accessory dwelling unit (ADU), or one duplex. (Ord. 3600, 2018: Ord. 3560, 2017)

Principal permitted uses in an R-12 District shall be as follows:

Administrative.

Duplex housing.

Essential service (underground).

"Home occupation", as defined in this title.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3600, 2018)

Accessory permitted uses in an R-12 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Private recreation facility (enclosed or unenclosed). (Ord. 3288 §19, 2007: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an R-12 District shall be as follows:

Boarding house.

Childcare facility.

Commercial film production.

Commercial recreation.

Community assembly.

Community education.

Community organization.

Convenience sales.

Essential service (aboveground).

Group dwelling - detached housing.

Handicapped or minimal care facility.

Juvenile offenders facility.

Noncommercial kennel.

Religious assembly.

Restriction to single-family only.

Two (2) unit per gross acre density increase. (Ord. 3332 §11, 2008: Ord. 2653 §6, 1994: Ord. 2093 §6, 1988: Ord. 2049 §25, 1987: Ord. 2029 §3, 1987: Ord. 1691 §1(part), 1982)

Maximum height requirements in an R-12 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3299 §5, 2007: Ord. 3288 §20, 2007: Ord. 1958 §5, 1986: Ord. 1889 §9, 1985: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §7, 2000)

Minimum lot requirements in an R-12 District shall be as follows:

   A.   1. Three thousand five hundred (3,500) square feet per unit except for single-family detached housing.

      2.   Five thousand five hundred (5,500) square feet per single- family detached lot.

   B.   All buildable lots must have fifty feet (50') of frontage on a public street, unless an alternative is approved by the City through the normal subdivision procedure or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 3560, 2017)

   A.   Minimum yard requirements for residential activities in an R-12 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3600, 2018)

Minimum yard requirements for nonresidential activities in an R-12 District shall be as follows:

   A.   Front: The front yard requirement shall be twenty feet (20').

   B.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

   C.   Side, Street: The street side yard requirement shall be twenty five feet (25').

   D.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 1889 §11, 1985)

   A.   The R-17 District is intended as a medium/high density residential district that permits a mix of housing types at a density not greater than seventeen (17) units per gross acre.

   B.   This district permits single-family detached housing as specified by the R-8 District and duplex housing as specified by the R-12 District.

   C.   This district is for establishment in those areas that are not suitable for lower density residential due to proximity to more intense types of land use.

   D.   This district is appropriate as a transition between low density residential and commercial districts, or as a buffer between arterial streets and low density residential districts.

   E.   Project review (see chapter 17.07, article IV of this title) is required for all subdivisions and for all residential, civic, commercial, service and industry uses except residential uses for four (4) or fewer dwellings. (Ord. 3560, 2017)

Principal permitted uses in an R-17 District shall be as follows:

Administrative.

Childcare facility.

Community education.

Duplex housing as specified by the R-12 District.

Essential service.

"Home occupation", as defined in this title.

Multiple-family.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3600, 2018)

Accessory permitted uses in an R-17 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Mailroom and/or common use room for multiple-family developments.

Outside area or building for storage when incidental to the principal use.

Private recreation facility (enclosed or unenclosed). (Ord. 3560, 2017)

Permitted uses by special use permit in an R-17 District shall be as follows:

Automobile parking when the lot is adjoining at least one point of, intervening streets and alleys excluded, the establishment which it is to serve; this is not to be used for the parking of commercial vehicles.

Boarding house.

Commercial film production.

Commercial recreation.

Community assembly.

Community organization.

Convenience sales.

Group dwelling - detached housing.

Handicapped or minimal care facility.

Juvenile offenders facility.

Ministorage facilities.

Mobile home manufactured in accordance with section 17.02.085 of this title.

Noncommercial kennel.

Nursing/convalescent/rest homes for the aged.

Rehabilitative facility.

Religious assembly.

Residential density of the R-34 District as specified.

Three (3) unit per gross acre density increase. (Ord. 3332 §13, 2008: Ord. 2653 §7, 1994: Ord. 2637 §3, 1994: Ord. 2093 §8, 1988: Ord. 2049 §28, 1987: Ord. 2029 §4, 1987: Ord. 1903 §2, 1985: Ord. 1691 §1(part), 1982)

Maximum height requirements in an R-17 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; an additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3560, 2017)

(Rep. by Ord. 2995 §8, 2000)

   A.   Minimum lot requirements in an R-17 District shall be as follows:

      1.   Two thousand five hundred (2,500) square feet per unit except for single-family or duplex housing.

      2.   Five thousand five hundred (5,500) square feet per single- family detached lot.

      3.   Three thousand five hundred (3,500) square feet per unit for duplex housing lots.

   B.   All buildable lots must have fifty feet (50') of frontage on a public street unless an alternative is approved by the City through the normal subdivision procedure or unless a lot is nonconforming (see section 17.06.980 of this title). (Ord. 3560, 2017)

   A.   Minimum yard requirements for single family and duplex residential activities in an R-17 District shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   Zero side yard setback is permissible for townhome dwellings as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: Zero feet (0') for the shared wall that is on the property line going through the building and the other side setbacks as shown as S-1 on the diagram above shall be eight feet (8').

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   C.   Multiple-family housing at seventeen (17) units per acre:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Side, Street: The street side yard requirement shall be twenty feet (20').

      4.   Rear: The rear yard requirement shall be twenty feet (20'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   D.   Minimum distances between residential buildings on the same lot shall be determined by the currently adopted Building Code.

   E.   There will be no permanent structures erected within the corner cutoff areas.

   F.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3600, 2018)

Minimum yard requirements for nonresidential activities in an R-17 District shall be as follows:

   A.   Front: The front yard requirement shall be twenty feet (20').

   B.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

   C.   Side, Street: The street side yard requirement shall be twenty five feet (25').

   D.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title). (Ord. 1889 §14, 1985)

   A.   The R-34 District is intended as a high density residential district, permitting thirty four (34) units per gross acre and increased height, that the City has the option of granting, through the special use permit procedure, to any property zoned R-17, C-17, C-17L or LM. This designation is only allowed through the special use permit and is not a stand-alone zoning district. To warrant consideration, the property must in addition to having the R-17, C-17, C-17L or LM designation meet the following requirements:

      1.   Be in close proximity to an arterial, as defined in the Coeur d'Alene transportation plan (KMPO’s current Metropolitan Transportation Plan), sufficient to handle the amount of traffic generated by the request in addition to that of the surrounding neighborhood; and the project and accessing street must be designed in such a way so as to minimize vehicular traffic through adjacent residential neighborhoods.

      2.   Be in close proximity to shopping, schools and park areas (if it is an adult only apartment complex proximity to schools is not required).

   B.   This district is appropriate as a transition between R-17 and commercial/industrial.

   C.   Single-family detached and duplex housing are not permitted in this district.

   D.   Project review (chapter 17.07, article IV of this title) is required for all subdivisions and for all residential, civic, commercial, service and industry uses except residential uses for four (4) or fewer dwellings. (Ord. 3674 §3, 2021: Ord. 3268 §8, 2006: Ord. 2570 §1, 1993: Ord. 1691 §1(part), 1982)

Principal permitted uses in an R-34 District shall be as follows:

Essential service.

Multiple-family housing.

Neighborhood recreation.

Public recreation. (Ord. 3560, 2017)

Accessory permitted uses in an R-34 District shall be as follows:

Accessory dwelling units.

Garage or carport (attached or detached).

Mailroom or common use room for multiple-family development.

Outside area or building for storage when incidental to the principal use.

Private recreation facility (enclosed or unenclosed). (Ord. 3560, 2017)

Permitted uses by special use permit in an R-34 District shall be as follows:

Automobile parking when the lot is adjoining at least one point of, intervening streets and alleys excluded, the establishment which it is to serve; this is not to be used for the parking of commercial vehicles.

Commercial recreation.

Community assembly.

Community education.

Convenience sales.

Four (4) unit per gross acre density increase.

Group dwelling - detached housing.

Hotel/motel.

Noncommercial kennel.

Religious assembly. (Ord. 3332 §15, 2008: Ord. 2049 §29, 1987: Ord. 1691 §1(part), 1982)

Maximum height requirements in an R-34 District shall be as follows:

MAXIMUM HEIGHT

 

 

Note:

1.   Unless otherwise specified; 1 additional story may be permitted on hillside lots that slope down from the street.

(Ord. 3299 §7, 2007: Ord. 3288 §31, 2007: Ord. 3268 §9 2006: Ord. 1958 §7, 1986: Ord. 1889 §15, 1985: Ord. 1691 §2(part), 1982)

(Rep. by Ord. 2995 §9, 2000)

Minimum lot requirements in an R-34 District shall be as follows:

   A.   One thousand two hundred seventy five (1,275) square feet per unit for multiple-family at thirty four (34) units per acre. A four (4) unit gross acre density increase may be granted for each gross acre included in the development.

   B.   All building lots must have seventy five feet (75') of frontage on a public street, unless an alternative is approved by the City through the normal subdivision procedure or unless the lot is nonconforming (see section 17.06.980 of this title). (Ord. 3560, 2017)

Minimum yard requirements in an R-34 District shall be as follows:

   A.   For multiple-family housing at thirty four (34) units per acre:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Side, Street: The street side yard requirement shall be twenty feet (20').

      4.   Rear: The rear yard requirement shall be twenty feet (20'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   Minimum distances between residential buildings on the same lot shall be determined by the currently adopted Building Code.

   C.   There will be no permanent structures erected within the corner cutoff areas.

   D.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 3560, 2017)

   A.   The MH-8 district is intended as a moderate density residential district for mobile homes at a density of eight (8) units per gross acre.

   B.   In addition to the regulations set forth in this article, all mobile homes must also conform to the mobile home regulations commencing in section 17.07.005 of this title.

   C.   Project review (see sections 17.07.305 through 17.07.330 of this title) is required for all subdivisions and for all residential, civic, commercial, service and industry uses except residential uses for four (4) or fewer dwellings. (Ord. 1691 §1(part), 1982)

Principal permitted uses in an MH-8 district shall be as follows:

Administrative.

Essential service (underground).

"Home occupation", as defined in this title.

Individual mobile homes.

Neighborhood recreation.

Public recreation.

Single-family detached housing. (Ord. 3332 §16, 2008: Ord. 2637 §4, 1994: Ord. 2049 §30, 1987: Ord. 1691 §1(part), 1982)

Accessory permitted uses in an MH-8 district shall be as follows:

Accessory dwelling units.

For individually sited mobile homes, private recreation facilities (enclosed or unenclosed).

Garage or carport (attached or detached).

Mailroom or common use room (in conjunction with a mobile home park).

Management office.

Outside area or buildings for storage when incidental to a mobile home park.

Private unenclosed recreation facilities (in conjunction with a mobile home park). (Ord. 3288 §34, 2007: Ord. 2049 §31, 1987: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an MH-8 district shall be as follows:

Commercial film production.

Community assembly.

Community education.

Community organization.

Convenience sales.

Essential service (aboveground).

Ministorage facility.

Mobile home park.

Noncommercial kennel.

Religious assembly. (Ord. 3332 §17, 2008: Ord. 2653 §8, 1994: Ord. 2637 §5, 1994: Ord. 2049 §32, 1987: Ord. 2029 §5, 1987: Ord. 1903 §3, 1985: Ord. 1691 §1(part), 1982)

Maximum height requirements in an MH-8 district shall be as follows:

   A.   Mobile homes shall not exceed nineteen feet (19').

   B.   All detached accessory structures, including garages and carports, with low or no slope roof shall not exceed fourteen feet (14').

   C.   All detached accessory structures, including garages and carports, with medium to high slope roof shall not exceed eighteen feet (18').

   D.   For public recreation, community education and religious assembly activities, principal structure shall not exceed forty five feet (45'). (Ord. 3288 §35, 2007: Ord. 1889 §16, 1985: Ord. 1691 §1(part), 1982)

Maximum height requirements in an MH-8 District for single family detached housing and associated accessory structures shall be as follows:

   MAXIMUM HEIGHT

 

 

(Ord. 3674 §4, 2021)

(Rep. by Ord. 2995 §10, 2000: Ord. 1691 §1(part), 1982)

Minimum lot requirements in an MH-8 district shall be as follows:

   A.   Individually sited mobile home lots shall be five thousand five hundred (5,500) square feet per lot.

   B.   Mobile home park shall provide three thousand one hundred fifty (3,150) square feet per mobile home space.

   C.   Individually sited mobile home lots shall have fifty feet (50') of frontage on a public street, unless an alternative is approved by the city through the normal subdivision procedure, or unless a lot is nonconforming (see section 17.06.980 of this title).

   D.   Mobile home parks shall have frontage on a public street sufficient to provide legal access to the property, and as approved by the city through the special use permit procedure. (Ord. 2314 §2, 1990: Ord. 1826 §4, 1983: Ord. 1691 §1(part), 1982)

   A.   Minimum yard requirements in an MH-8 district shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be five feet (5'). If there is no alley or other legal access behind a lot, each lot shall have at least one side yard of ten foot (10') minimum.

      3.   Side, Street: The street side yard requirement shall be ten feet (10').

      4.   Rear: The rear yard requirement shall be fifteen feet (15'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   Minimum yard requirements for nonresidential activities in an MH-8 district shall be as follows:

      1.   Front: The front yard requirement shall be twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be twenty five feet (25').

      3.   Side, Street: The street side yard requirements shall be twenty five feet (25').

      4.   Rear: The rear yard requirement shall be twenty five feet (25'). However, the required rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   C.   There will be no permanent structures erected within the corner cutoff areas.

   D.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 1889 §17, 1985: Ord. 1691 §1(part), 1982)

   A.   The C-17 district is intended as a broad spectrum commercial district that permits limited service, wholesale/retail and heavy commercial in addition to allowing residential development at a density of seventeen (17) units per gross acre.

   B.   This district should be located adjacent to arterials, however, joint access developments are encouraged.

   C.   A variance may be granted to partially waive off street parking and/or lot coverage requirements for commercial developments utilizing common parking facilities.

   D.   Residential developments in this district are permitted as specified by the R-17 district.

   E.   Project review (chapter 17.07, article IV of this title) is required for all subdivisions and for all residential, civic, commercial, service, and industry uses, except residential uses for four (4) or fewer dwellings. (Ord. 3288 §36, 2007: Ord. 1691 §1(part), 1982)

Principal permitted uses in a C-17 district shall be as follows:

Administrative offices.

Agricultural supplies and commodity sales.

Automobile and accessory sales.

Automobile parking when serving an adjacent business or apartment.

Automobile renting.

Automobile repair and cleaning.

Automotive fleet storage.

Automotive parking.

Banks and financial institutions.

Boarding house.

Building maintenance service.

Business supply retail sales.

Business support service.

Childcare facility.

Commercial film production.

Commercial kennel.

Commercial recreation.

Communication service.

Community assembly.

Community education.

Community organization.

Construction retail sales.

Consumer repair service.

Convenience sales.

Convenience service.

Department stores.

Duplex housing (as specified by the R-12 district).

Essential service.

Farm equipment sales.

Finished goods wholesale.

Food and beverage stores, on/off site consumption.

Funeral service.

General construction service.

Group assembly.

Group dwelling - detached housing.

Handicapped or minimal care facility.

Home furnishing retail sales.

Home occupations.

Hospitals/healthcare.

Hotel/motel.

Juvenile offenders facility.

Laundry service.

Ministorage facilities.

Mobile food court.

Multiple-family housing (as specified by the R-17 district).

Neighborhood recreation.

Noncommercial kennel.

Nursing/convalescent/rest homes for the aged.

Personal service establishments.

Professional offices.

Public recreation.

Rehabilitative facility.

Religious assembly.

Retail gasoline sales.

Single-family detached housing (as specified by the R-8 district).

Specialty retail sales.

Veterinary office. (Ord. 3560, 2017)

Accessory permitted uses in a C-17 district shall be as follows:

Accessory dwelling units.

Apartment for resident caretaker watchman.

Outside area or buildings for storage and/or preparation of merchandise or goods necessary for and incidental to the principal use.

Private recreation (enclosed or unenclosed).

Residential accessory uses as permitted by the R-17 district. (Ord. 3288 §38, 2007: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in a C-17 district shall be as follows:

Adult entertainment sales and service.

Auto camp.

Criminal transitional facility.

Custom manufacturing.

Extensive impact.

Residential density of the R-34 district as specified.

Underground bulk liquid fuel storage - wholesale.

Veterinary hospital.

Warehouse/storage.

Wireless communication facility. (Ord. 2833 §4, 1997: Ord. 2093 §10, 1988: Ord. 2049 §34, 1987: Ord. 1691 §1(part), 1982)

Maximum height requirements in a C-17 district shall be as follows:

MAXIMUM HEIGHT

 

 

(Ord. 3299 §8, 2007: Ord. 2049 §35, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §11, 2000)

Minimum lot requirements in a C-17 district shall be as follows:

   A.   Residential lot requirements are as specified for the R-17 district.

   B.   For the remaining uses, there are no minimum lot requirements except as required by state or federal laws. (Ord. 1691 §1(part), 1982)

Minimum yard requirements in a C-17 district shall be as follows:

   A.   Single-family and duplex structures must meet the minimum yard requirements for a single-family structure established by the R-3 district.

   B.   For multiple-family housing, see the R-17 district.

   C.   For remaining uses:

      1.   Front: The front yard requirement shall be ten feet (10') except where a majority of the property of the same block is already developed to the property line, in which case the front yard setback is zero feet (0').

      2.   Side And Rear: The side and rear yard requirements shall be zero feet (0') except as required by life safety or uniform building codes and except when the side or rear abuts a lot in a different district that requires rear or side yards, in which case the property in this district shall have setbacks as specified in section 17.06.475 of this title. In no circumstance shall an eave extend over a property line or result in stormwater impacts offsite. The building shall be set back five feet (5') minimum from the eave to the property line where the roof slopes towards the property line. If a metal roof is being used, the setback or installation of snow brakes shall be determined by the Building Department.

   D.   For horizontal mixed use projects with both multiple-family housing and commercial uses, the setbacks shall be those which are applicable to the individual use in that portion of the project.

   E.   There will be no permanent structures constructed within the corner cutoff. (Ord. 3674 §5, 2021: Ord. 3560, 2017)

   A.   Establishment Of Design Guidelines: The city council shall adopt by resolution a list of design guidelines that are applicable to all developments within the C-17 district. Each design guideline must be met by the proposed development. However, the design guidelines are intended to provide some flexibility in application provided that the basic intent of the guidelines is met. Compliance with these design guidelines will be determined by the planning director or the design review commission as provided by section 17.09.315 of this title. If the project is reviewed by the planning director, an appeal may be taken to the design review commission by an aggrieved party by following the appeal procedures specified in section 17.07.945 of this title.

   B.   Design Departures: An applicant may request a design departure from any of the design guidelines adopted pursuant to this section. The planning director will review all requests for design departures on projects not subject to design review commission review under section 17.09.315 of this title. In order for the planning director to approve a design departure, he or she must find that:

      1.   The project must be consistent with the comprehensive plan and any applicable plan;

      2.   The requested departure meets the intent of statements relating to applicable development standards and design guidelines;

      3.   The departure will not have a detrimental effect on nearby properties or the city as a whole;

      4.   The proposed departure is part of an overall, thoughtful and comprehensive approach to the design of the project as a whole; and

      5.   If a deviation from a building design guideline is requested, the project's building(s) exhibits a high degree of craftsmanship, building detail, architectural design, or quality of materials that are not typically found in standard construction. In order to meet this standard, an applicant must demonstrate to the planning director that the project's design offers a significant improvement over what otherwise could have been built under minimum standards and guidelines. (Ord. 3379 §4, 2010)

   A.   The C-17L district is intended as a low density commercial and residential mix district. This district permits residential development at a density of seventeen (17) units per gross acre as specified by the R-17 district and limited service commercial businesses whose primary emphasis is on providing a personal service.

   B.   Retail/wholesale commercial would require the granting of a special use permit in accordance with section 17.09.205 of this title.

   C.   This district is suitable as a transition between residential and commercial zoned areas and should be located on designated collector streets or better for ease of access and to act as a residential buffer.

   D.   A variance may be granted to partially waive off street parking and/or lot coverage requirements for commercial developments utilizing common parking.

   E.   Project review (chapter 17.07, article IV of this title) is required for all subdivision and for all residential, civic, commercial, service and industry uses except residential uses for four (4) or fewer dwellings. (Ord. 3288 §40, 2007: Ord. 1691 §1(part), 1982)

Principal permitted uses in a C-17L district shall be as follows:

Administrative offices.

Automobile parking when serving an adjacent business or apartments.

Banks and financial establishments.

Boarding house.

Childcare facility.

Commercial film production.

Community assembly.

Community education.

Duplex housing (as specified by the R-12 district).

Essential service.

Group dwelling - detached housing.

Handicapped or minimal care facility.

Home occupation.

Hospitals/healthcare.

Juvenile offenders facility.

Multiple-family housing (as specified by the R-17 district).

Neighborhood recreation.

Nursing/convalescent/rest homes for the aged.

Personal service establishment.

Professional offices.

Public recreation.

Rehabilitative facility.

Religious assembly.

Single-family detached housing (as specified by the R-8 district). (Ord. 3560, 2017)

Accessory permitted uses in a C-17L district shall be as follows:

Accessory dwelling units.

Apartment for resident caretaker.

Outdoor storage or building when incidental to the principal use.

Private recreation (enclosed or unenclosed).

Residential accessory uses as permitted by the R-17 district. (Ord. 3288 §42, 2007: Ord. 2049 §37, 1987: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in a C-17L district shall be as follows:

Commercial kennel.

Commercial recreation.

Community organization.

Convenience sales.

Criminal transitional facility.

Food and beverage stores for off/on site consumption.

Hotel/motel.

Mobile food court.

Noncommercial kennel.

Remaining uses, not already herein permitted, of the C-17 district principal permitted uses.

Residential density of the R-34 district density as specified.

Veterinary office or clinic when completely indoors.

Wireless communication facility. (Ord. 3552, 2016: Ord. 2833 §5, 1997: Ord. 2093 §12, 1988: Ord. 2049 §38, 1987: Ord. 1691 §1(part), 1982)

Maximum height requirements in a C-17L district shall be as follows:

MAXIMUM HEIGHT

 

 

(Ord. 3299 §9, 2007: Ord. 3288 §43, 2007: Ord. 3268 §11, 2006: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §12, 2000)

Minimum lot requirements in a C-17L district shall be as follows:

   A.   Residential lot requirements are as specified in the R-17 district.

   B.   For the remaining uses, the requirement shall be five thousand five hundred (5,500) square feet unless greater area is required by state or federal laws. (Ord. 1691 §1(part), 1982)

Minimum yard requirements in a C-17L district shall be the same as for the C-17 district. (Ord. 1691 §1(part), 1982)

   A.   Establishment Of Design Guidelines: The city council shall adopt by resolution a list of design guidelines that are applicable to all developments within the C-17L district. Each design guideline must be met by the proposed development. However, the design guidelines are intended to provide some flexibility in application provided that the basic intent of the guidelines is met. Compliance with these design guidelines will be determined by the planning director or the design review commission as provided by section 17.09.315 of this title. If the project is reviewed by the planning director, an appeal may be taken to the design review commission by an aggrieved party by following the appeal procedures specified in section 17.07.945 of this title.

   B.   Design Departures: An applicant may request a design departure from any of the design guidelines adopted pursuant to this section. The planning director will review all requests for design departures on projects not subject to design review commission review under section 17.09.315 of this title. In order for the planning director to approve a design departure, he or she must find that:

      1.   The project must be consistent with the comprehensive plan and any applicable plan;

      2.   The requested departure meets the intent of statements relating to applicable development standards and design guidelines;

      3.   The departure will not have a detrimental effect on nearby properties or the city as a whole;

      4.   The proposed departure is part of an overall, thoughtful and comprehensive approach to the design of the project as a whole; and

      5.   If a deviation from a building design guideline is requested, the project's building(s) exhibits a high degree of craftsmanship, building detail, architectural design, or quality of materials that are not typically found in standard construction. In order to meet this standard, an applicant must demonstrate to the planning director that the project's design offers a significant improvement over what otherwise could have been built under minimum standards and guidelines. (Ord. 3379 §5, 2010)

   A.   Purpose: It is the purpose of the downtown core district to:

      1.   Create a distinct, strong identity for the downtown core, preserving a civic heart for Coeur d'Alene.

      2.   Encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents.

      3.   Produce a concentration and a mixture of commercial, office, retail, residential, and public uses within the downtown.

      4.   Develop a downtown that supports pedestrian movement and use of public transit.

      5.   Implement the city's comprehensive plan.

   B.   Application And Intent:

      1.   This district is envisioned to have the highest intensity uses, especially retail, office, residences, and hotels contained within low rise, mid rise and high rise buildings. Shops and restaurants would be located along key streets. Major public spaces and buildings would anchor the district. Over time, parking would be increasingly located within structures.

      2.   This district is centered in and around the downtown area surrounding Sherman Avenue and has density and development incentives to encourage the revitalization of the core business area.

      3.   Project review is required for all subdivisions and for all residential, civic, commercial, service and industry uses except residential uses for four (4) or fewer dwellings. (Ord. 3268 §13, 2006: Ord. 2788 §1, 1996: Ord. 2696 §1, 1995: Ord. 2049 §39, 1987: Ord. 1691 §1(part), 1982)

   A.   Generally: All uses shall be allowed, unless prohibited below.

Adult entertainment.

Billboards.

Drive-through businesses along pedestrian oriented streets.

Gasoline sales.

Heliports as a principal use.

Industrial uses.

Ministorage on the street level.

Outdoor sales or rental of boats, vehicles, or equipment.

Outdoor storage of materials and equipment (except during construction).

Repair of vehicles, unless entirely within a building.

Sewage treatment plants and other extensive impact activities.

Surface parking on pedestrian oriented streets.

Vehicle washing, unless located within a building or parking structure.

Work release facilities.

Wrecking yards.

   B.   Additional Prohibited Uses: In addition to the uses listed in subsection A of this section, any other uses that the planning director determines are not in conformity with the purpose and intent of the district are prohibited. The decision of the planning director may be appealed by following the administrative appeal procedure found in sections 17.09.705 through 17.09.715 of this title. (Ord. 3268 §14, 2006: Ord. 2788 §2, 1996: Ord. 2653 §11, 1994: Ord. 2093 §13, 1988: Ord. 2049 §40, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3268 §15, 2006: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3268 §16, 2006: Ord. 3093 §1, 2003: Ord. 2788 §3, 1996: Ord. 2093 §14, 1988: Ord. 1691 §1(part), 1982)

   A.   Basic Floor Area Ratio Allowed: Without using the bonus features allowed under subsection B of this section, the maximum allowable FAR is 4.0.

   B.   Floor Area Ratio Allowed With Bonuses: FAR may be increased to a maximum of 6.0 by using the bonus features allowed under this subsection. The additional FAR allowed for each feature is as follows:

      1.   Street Level Retail: One hundred (100) square feet of floor area shall be allowed for each linear foot of retail frontage for uses providing goods and services, including food and drink, adjacent to, visible from, and accessible from the sidewalk.

      2.   Public Plaza/Courtyard: Five (5) square feet of floor area shall be allowed for each square foot of plaza/courtyard that is accessible to the public at all times, predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building. It must abut and be within three feet (3') in elevation of a sidewalk, at least ten percent (10%) of the area shall be planted with trees and other vegetation. There must be seating, lighting and penetration of sunlight. The plaza may be located anywhere within the DC district to qualify for this bonus.

      3.   Canopy: Four (4) square feet of floor area shall be allowed for each square foot of canopy. The canopy must be a rigid structure covered with fabric, metal or other material and supported by a building at one or more points, projecting over an entrance, window, outdoor service area or walkway with the purpose of sheltering persons from sun, wind and precipitation.

      4.   Public Art: Ten (10) square feet of floor area for each one hundred dollars ($100.00) of valuation shall be allowed for any form of painting, mural, mosaic, sculpture, or other work of art as approved by the arts commission. Documentation of building costs and appraised value of the art feature shall be provided. The art feature must be displayed on the exterior of a building, at or near the pedestrian entrance or on a public plaza.

      5.   Water Feature: Ten (10) square feet of floor area shall be allowed for each one hundred dollars ($100.00) of valuation for a fountain, cascade, stream, fall, pond of water, or combination thereof, that serves as a focal point. It must be a water efficient design located outside of a building and be publicly visible and accessible. Water features must comply with city policies regarding water usage. It must be active during daylight hours. During periods of water use restrictions and freezing such features may be turned off.

      6.   Parking, Structured: 0.5 of a square foot of floor area shall be allowed for each square foot of required parking contained within an above grade, enclosed or screened building, designed to appear like it is part of the larger building complex. The parking may be provided anywhere within the DC district to qualify for this bonus.

      7.   Parking, Below Grade: One square foot of floor area shall be allowed for each square foot of required parking provided below grade. Any portion of structure containing parking that is located below the average finished grade around a building qualifies for this bonus. The parking may be provided anywhere within the DC district to qualify for this bonus.

      8.   Green Roof: Two (2) square feet of floor area shall be allowed for each square foot of green roof designed with principles of environmental sustainability, involving the use of vegetation and storm water collection and cleaning. The roof need not be accessible.

      9.   Daycare: Four (4) square feet of floor area shall be allowed for each square foot of daycare space in the building that is used for providing for the care of children or elderly people, generally during the hours of six o'clock (6:00) A.M. and seven o'clock (7:00) P.M. Such use shall comply with all applicable city standards.

   10.   Health Club: Two (2) square feet of floor area shall be allowed for each square foot of health club used that offers exercise and recreational activities for tenants and/or the general public, either with or without a fee.

   11.   Public Meeting Rooms: Five (5) square feet of floor area shall be allowed for each square foot of meeting room space that can be used by the general public and has a capacity of at least fifty (50) people. It may operate under a reservation or nominal fee system, but must be easily accessible from a lobby or plaza.

   12.   Workforce Housing: Four (4) square feet of floor area shall be allowed for each square foot of workforce housing provided within 1.5 miles of the project site and within the city limits. For purposes of this code, "workforce housing" is defined as dwelling units available to households making less than the median income for all households within the city limits. (Ord. 3288 §44, 2007: Ord. 3268 §17, 2006)

   A.   Buildings within the DC district shall only be permitted to exceed seventy five feet (75') if they comply with the bulk, spacing, and setback standards indicated in the sections of this article that follow. Buildings that comply with the standards, as well as accumulate sufficient floor area ratio through bonuses, may extend as high as two hundred feet (200').

   B.   Mechanical penthouses, stair/elevator overruns, and antennas may be excluded from building height calculation provided they are not more than fifteen feet (15') above the roof deck.

   C.   The building height may be increased by up to ten percent (10%) (resulting in an 83 foot base height limit and 220 feet for the maximum height with bonuses) if the top is designed as a nonhabitable, architectural element. (Ord. 3268 §18, 2006: Ord. 3096 §32, 2003: Ord. 2696 §2, 1995: Ord. 1691 §1(part), 1982)

   A.   Tower Floor Size: Building floors over seventy five feet (75') in height above grade shall have a maximum floor area of eight thousand (8,000) square feet.

   B.   Tower Separation: Building floors over seventy five feet (75') in height above grade shall be at least fifty feet (50') from any other structure over seventy five feet (75') above grade.

 

    C.   Upper Level Stepback:

      1.   Building floors over forty five feet (45') in height above grade shall be stepped back ten feet (10') from the right of way on the following streets:

         a.   First Street.

         b.   Third Street.

         c.   Fourth Street.

         d.   Fifth Street.

         e.   Sixth Street.

         f.   Seventh Street.

         g.   Sherman Avenue.

         h.   Lakeside Avenue.

 

 

       2.   Normal projections into setbacks otherwise allowed by this zoning ordinance include:

         a.   Chimneys may extend into a yard a distance of not more than twenty four inches (24").

         b.   Eaves, cornices, belt courses, and similar ornamentation may project over a yard not more than two feet (2').

         c.   Balconies and bay/bow windows may project up to four feet (4').

   D.   Design Departure: A twenty percent (20%) design departure from the requirements of this subsection may be granted administratively. Greater departures would require approval of the design review commission. To request a departure, an applicant must follow the design departure procedures found in section 17.09.905 et seq., of this title and meet the required findings contained therein. (Ord. 3268 §19, 2006)

(Rep. by Ord. 3268 §20, 2006)

   A.   Establishment Of Design Guidelines: The city council shall adopt by resolution a list of design guidelines that are applicable to all developments within the DC district. Each design guideline must be met by the proposed development. However, the design guidelines are intended to provide some flexibility in application provided that the basic intent of the guidelines is met. Compliance with these design guidelines will be determined by the planning director or the design review commission as provided by section 17.09.315 of this title. If the project is reviewed by the planning director, an appeal may be taken to the design review commission by an aggrieved party by following the appeal procedures specified in section 17.07.945 of this title.

   B.   Design Departures: An applicant may request a design departure from any of the design guidelines adopted pursuant to this section. The planning director will review all requests for design departures on projects not subject to design review commission review under section 17.09.315 of this title. In order for the planning director to approve a design departure, he or she must find that:

      1.   The project must be consistent with the comprehensive plan and any applicable plan;

      2.   The requested departure meets the intent of statements relating to applicable development standards and design guidelines;

      3.   The departure will not have a detrimental effect on nearby properties or the city as a whole;

      4.   The proposed departure is part of an overall, thoughtful and comprehensive approach to the design of the project as a whole; and

      5.   If a deviation from a building design guideline is requested, the project's building(s) exhibits a high degree of craftsmanship, building detail, architectural design, or quality of materials that are not typically found in standard construction. In order to meet this standard, an applicant must demonstrate to the planning director that the project's design offers a significant improvement over what otherwise could have been built under minimum standards and guidelines. (Ord. 3379 §6, 2010)

Minimum lot and frontage requirements in the DC district shall be as follows:

   A.   Single-family residential lots shall have a minimum lot size of one thousand five hundred (1,500) square feet.

   B.   All residential lots must have a minimum frontage of fifteen feet (15') on a public street unless an alternative is approved by the city through normal subdivision procedure.

   C.   For the remaining uses there are no minimum lot or frontage requirements except as required by state or federal laws. (Ord. 3268 §21, 2006: Ord. 2788 §4, 1996: Ord. 1691 §1(part), 1982)

Minimum yard requirements in the DC district shall be as follows:

   A.   For all uses:

      1.   Front: The front yard requirement shall be zero feet (0').

      2.   Side And Rear: The side and rear yard requirements shall be zero feet (0') except as required by the currently adopted building codes and except when the side or rear yard abuts a lot in a different district that requires rear or side yards, in which case the property in this district shall have a ten foot (10') setback. (Ord. 3268 §22, 2006: Ord. 3096 §33, 2003: Ord. 2696 §4, 1995: Ord. 1691 §1(part), 1982)

   A.   Parking Ratios: Subject to the requirements of chapter 17.44 of this title, the parking ratios for uses in the DC district shall be as follows:

      1.   Retail/Restaurant Uses: Retail/restaurant uses in the DC district must provide at least two (2) but no more than four (4) parking stalls per one thousand (1,000) net square feet. However, retail/restaurant uses less than three thousand (3,000) square feet are exempt from this requirement.

      2.   Office Uses: Office uses in the DC district must provide at least two (2) but no more than four (4) parking stalls per one thousand (1,000) net square feet.

      3.   Residential And Hotel Uses: Residential/hotel uses in the DC district must provide at least 0.5 but no more than two (2) parking stalls per unit.

      4.   Senior Housing Uses: Senior housing uses in the DC district must provide at least 0.25 but no more than one parking stall per unit.

      5.   Other Uses: Parking requirements for uses other than those listed in this section shall be determined in accordance with section 17.44.220 of this title.

   B.   Common Parking Facilities: In addition to any reduction in the required number of parking stalls by entering into a shared use parking agreement as allowed by section 17.44.225 of this title, uses in the DC district that share a common parking facility may reduce the required number of stalls by an additional twenty five percent (25%).

   C.   Off Site Parking: Notwithstanding the distance requirements of section 17.44.250 of this title, parking may be located off site, so long as it is within one thousand feet (1,000') of the property, is connected to the property by sidewalks or walkways, and is tied to the site by a contractual agreement. The agreement must run with the land and not be terminable without the prior authorization of the city council. (Ord. 3268 §23, 2006)

Instead of furnishing the off street parking spaces required for uses within the DC district, in-lieu payments may be made as set forth in this section.

   A.   Fee Established: The city council shall, after public hearing, adopt a resolution setting out the value of off street parking spaces. The fees, at the time of adoption, should reflect the cost of acquiring property within the DC district for the construction of parking stalls based on the average tax assessed market valuation of property within the district. The fee is to be calculated as follows: Average tax assessed property value per square foot multiplied by three hundred fifty (350) square feet (the size of a parking stall and a portion of the access drive). The adopted fee shall be reviewed at least every three (3) years by the city council.

   B.   Payment Of Fee: An applicant for payment of in-lieu costs instead of providing parking shall pay an amount equivalent to the costs and value of one parking lot space for each space of off street parking required for the proposed use by this chapter. Such payment of fees in lieu of parking shall be made in conjunction with the issuance of a building permit pursuant to section 17.44.130 of this title. To fulfill the total parking requirement, an applicant may utilize a combination of actual spaces and fees in lieu of parking up to the following limits:

      1.   If eight (8) or fewer parking spaces are required, all of the parking spaces may be replaced with fees in lieu.

      2.   If nine (9) to twenty (20) required parking spaces are required, sixty percent (60%) (rounded up to the next space) of the spaces may be replaced with fees in lieu.

      3.   If twenty one (21) to forty (40) parking spaces are required, fifty percent (50%) (rounded up to the next space) of the spaces may be replaced with fees in lieu.

      4.   Fees in lieu may not be used to replace parking spaces above forty (40) spaces.

   C.   Fund To Be Established: The city council shall set up a special fund for revenues received from such payment of fees. Said revenues shall be used only for the purpose of providing public parking facilities reasonably related to serving the DC district by way of purchase of necessary land or improving such land for public parking purposes.

   D.   Refund Of Fee If Unused: If such fees have not been utilized for the stated purpose within fifteen (15) years of payment, or if a project or land acquisition negotiations have not commenced for which the fees would be spent, such fees with interest shall revert to original subdivider or its successor in interest unless the city and the developer or its successor in interest agree in writing to an alternative method to provide public parking facilities, land, or parking spaces. Interest shall accrue at the average rate of interest received by the city for funds invested in the Idaho state investment pool for the period of time the city holds the fees paid in lieu of providing parking spaces.

   E.   Certificate: An applicant for payment of in-lieu costs shall, with payment of fees in lieu of off street parking, receive one nontransferable certificate for each space of off street parking which would otherwise be required by the terms of this chapter.

   F.   Changes Requiring Parking: Off street parking and/or fees shall only be required for:

      1.   Existing Use: The amount a building is expanded above and beyond one hundred twenty five percent (125%) of the existing gross floor area;

      2.   Vacant Lot: Any new use(s);

      3.   Off Street Parking And Loading: The number of off street parking spaces and loading berths shall be fifty percent (50%) of the standards specified in sections 17.44.030 through 17.44.090 and 17.44.500 through 17.44.540 of this title. (Ord. 3350 §1, 2009)

   A.   The LM district is intended to include manufacturing, warehousing and industry that is conducted indoors with minimal impact on the environment.

   B.   This district should be located close to major or principal arterials and is suitable as a buffer zone for heavy industry.

   C.   In this district, development of manufacturing land uses in an industrial park and away from residential or sensitive areas is encouraged.

   D.   Project review (sections 17.07.305 through 17.07.330 of this title) is required for all subdivisions and all proposed uses.

   E.   In addition to permitting light manufacturing uses, this district permits all commercial activities.

   F.   Residential uses and heavy manufacturing uses are not permitted. (Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1982)

Principal permitted uses in an LM District shall be as follows:

Agricultural supplies and commodity sales.

Auto and accessory sales.

Automobile parking.

Automobile parking when serving an adjacent business.

Automobile renting.

Automotive fleet storage.

Automotive repair and cleaning.

Building maintenance service.

Commercial film production.

Commercial kennel.

Construction and retail sales.

Custom manufacture.

Essential service.

Farm equipment sales.

Finished goods wholesale.

General construction service.

Laundry service.

Light manufacture.

Ministorage facilities.

Unfinished goods wholesale.

Veterinary hospital.

Warehouse/storage.

Wholesale bulk liquid fuel storage. (Ord. 2653 §12, 1994: Ord. 2049 §41, 1987: Ord. 1925 §4, 1985: Ord. 1903 §5, 1985: Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1982)

Accessory permitted uses in an LM District shall be as follows:

Apartment for resident caretaker. (Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an LM District shall be as follows:

Administrative offices.

Adult entertainment.

Banks and financial establishments.

Business supply retail sales.

Business support service.

Commercial recreation.

Communication service.

Consumer repair service.

Convenience sales.

Convenience service.

Criminal transitional facility.

Department stores.

Extensive impact.

Extractive industry.

Finished goods retail.

Food and beverage stores for on/off site consumption.

Funeral service.

Group assembly.

Home furnishing retail sales.

Hotel/motel.

Mobile food court.

Personal service establishments.

Professional offices.

Retail gasoline sales.

Specialty retail sales.

Veterinary office or clinic. (Ord. 3600, 2018)

Maximum height requirements for an LM District shall be as follows:

MAXIMUM HEIGHT

 

 

(Ord. 3299 §10, 2007: Ord. 3288 §45, 2007: Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §13, 2000)

Minimum lot requirements in an LM District shall be as follows:

   A.   For all uses, there is no minimum lot except as required by State or Federal laws, or except as necessary to provide required buffer area. (Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1983)

Minimum yard requirements in an LM District shall be as follows:

   A.   1. Front: The front yard requirement shall be twenty feet (20') except, when abutting along the side or across the street from a residential district, the front setback shall be equal to the most restrictive front setback thereof.

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Side, Street: The street side yard requirement shall be twenty feet (20').

      4.   Rear: The rear yard requirement shall be twenty feet (20'). However, the rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 1815 §3(part), 1983: Ord. 1691 §1(part), 1982)

   A.   The M District is intended to include manufacturing, warehousing and industry that is primarily indoors with an on site operation that has minimal impact on the environment. Residential uses are not permitted.

   B.   In addition to permitting light manufacturing uses, this district permits all commercial activities.

   C.   A special use permit is required for all heavy manufacturing land uses.

   D.   This district should be located close to major or principal arterials and is suitable as a buffer zone for heavy industry.

   E.   In this district, development of manufacturing land uses in an industrial park and away from residential or sensitive areas is encouraged.

   F.   Project review (sections 17.07.305 through 17.07.330 of this title) is required for all subdivisions and all proposed uses. (Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

Principal permitted uses in an M District shall be as follows:

Agricultural supplies and commodity sales.

Auto and accessory sales.

Automobile parking.

Automobile parking when serving an adjacent business.

Automobile renting.

Automotive fleet storage.

Automotive repair and cleaning.

Building maintenance service.

Commercial film production.

Commercial kennel.

Construction retail sales.

Custom manufacture.

Essential service.

Extensive impact.

Farm equipment sales.

Finished goods wholesale.

General construction services.

Laundry service.

Light manufacture.

Mini-storage facilities.

Unfinished goods wholesale.

Veterinary hospital.

Warehouse/storage.

Wholesale bulk liquid fuel storage. (Ord. 2653 §13, 1994: Ord. 2049 §43, 1987: Ord. 1925 §6, 1985: Ord. 1903 §6, 1985: Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

Accessory permitted uses in an M District shall be as follows:

   A.   Outside area or buildings for storage and/or preparation of merchandise or goods necessary for and incidental to the principal use.

   B.   Apartment for resident caretaker. (Ord. 2049 §44, 1987: Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

Permitted uses by special use permit in an M District shall be as follows:

Administrative offices.

Adult entertainment.

Banks and financial establishments.

Business supply retail sales.

Business support service.

Commercial recreation.

Communication service.

Consumer repair service.

Convenience sales.

Convenience service.

Criminal transitional facility.

Department stores.

Extractive industry.

Finished goods retail.

Food and beverage stores for on/off site consumption.

Funeral service.

Group assembly.

Heavy manufacture.

Home furnishing retail sales.

Hotel/motel.

Mobile food court.

Personal service establishments.

Professional offices.

Retail gasoline sales.

Specialty retail sales.

Veterinary office or clinic. (Ord. 3600, 2018)

Maximum height requirements in an M district shall be as follows:

MAXIMUM HEIGHT

 

 

(Ord. 3299 §11, 2007: Ord. 3288, §46, 2007: Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §14, 2000: Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

   A.   For all uses, there is no minimum lot in an M district except as required by state or federal laws or except as necessary to provide required buffer area. (Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

Minimum yard requirements in an M district shall be as follows:

   A.   1. Front: The front yard requirement shall be twenty feet (20') except, when abutting along the side or across the street from a residential district, the front setback shall be equal to the most restrictive front setback thereof.

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Side, Street: The street side yard requirement shall be twenty feet (20').

      4.   Rear: The rear yard requirement shall be twenty feet (20'). However, the rear yard will be reduced by one-half (1/2) when adjacent to public open space (see section 17.06.480 of this title).

   B.   There will be no permanent structures erected within the corner cutoff areas.

   C.   Extensions into yards are permitted in accordance with section 17.06.495 of this title. (Ord. 1815 §4(part), 1983: Ord. 1691 §1(part), 1982)

   A.   The NW district is intended to provide for the appropriate usage and for adequate protection of the surface water resource that is within the city limits.

   B.   The use of navigable waters in addition to recreation and other public uses should allow the normal auxiliary uses required by the upland property owners adjacent to the lake and river as well as long established activities.

   C.   Compliance with all applicable county, state, and federal laws is required.

   D.   Project review (see chapter 17.07, article IV of this title) is required for all proposed future uses. (Ord. 1691 §1(part), 1982)

Principal permitted uses in an NW district shall be as follows:

All long established uses.

All uses that are normal auxiliary uses to the upland property owners adjacent to the shoreline.

Facilities related to boating, swimming and other water related activities. (Ord. 1691 §1(part), 1982)

Accessory permitted uses in an NW district are nonapplicable. (Ord. 1691 §1(part), 1982)

Permitted uses by a special use permit in an NW district are nonapplicable. (Ord. 1691 §1(part), 1982)

Maximum height requirements in an NW district are nonapplicable. (Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2995 §15, 2000)

Minimum lot requirements in an NW district are nonapplicable. (Ord. 1691 §1(part), 1982)

Minimum yard requirements in an NW district are nonapplicable. (Ord. 1691 §1(part), 1982)

The neighborhood commercial district is intended to allow for the location of enterprises that mainly serve the immediate surrounding residential area and that provide a scale and character that are compatible with residential buildings. It is expected that most customers would reach the businesses by walking or bicycling, rather than driving. (Ord. 3288 §47, 2007)

   A.   Permitted Uses: Permitted uses in an NC district are as follows:

Commercial and professional office.

Daycare.

Medical/dental.

Parks.

Personal services.

Residential (except on the ground floor).

Retail.

   B.   Specially Permitted Uses: Uses allowed by special use permit only are as follows:

Religious institutions.

Schools.

   C.   Specifically Prohibited Uses: The following uses are prohibited in NC districts:

Commercial parking.

Detention facilities.

Gasoline service stations.

Industrial.

Ministorage.

Outdoor storage or display of goods, other than plants.

Sales, repair or maintenance of vehicles, boats, or equipment.

Warehouses.

   D.   Additional Prohibited Uses: In addition to the uses listed in subsection C of this section, any other uses that the planning director determines are not in conformity with the purpose and intent of the district are prohibited. The decision of the planning director may be appealed by following the administrative appeal procedure found in sections 17.09.705 through 17.09.715 of this title. (Ord. 3486, 2014: Ord. 3288 §48, 2007)

Maximum height requirements in an NC District shall be as follows:

MAXIMUM HEIGHT

 

 

(Ord. 3600, 2018)

   A.   Maximum Floor Area Ratio: The floor area ratio (FAR) for nonresidential uses in an NC District is 1.0 with a total FAR of 1.5 when a ground floor permitted use is combined with a second level residential unit.

   B.   Maximum Floor Area: The maximum floor area shall not exceed four thousand (4,000) square feet for retail uses. All other nonresidential uses shall not exceed eight thousand (8,000) square feet. (Ord. 3288 §50, 2007)

The parking ratios in an NC District shall be as follows:

   A.   Nonresidential Uses: Nonresidential uses must provide at least three (3) parking stalls per one thousand (1,000) square feet of floor area.

   B.   Permitted Residential Uses: Permitted residential uses must provide 1.5 stalls per dwelling unit. (Ord. 3288 §51, 2007)

   A.   Setbacks From Residential Districts: All uses in an NC District that are adjacent to a residential zoning district must have a minimum eight inches (8") of horizontal distance for every foot of building height.

   B.   Screening From Residential Districts: Any use within an NC District that is adjacent to a residential district must have a ten foot (10') wide (minimum) planting strip containing evergreen trees along the area bordering the two (2) districts. The trees must be at least fifteen feet (15') tall at time of planting and be planted no more than twenty five feet (25') apart. (Ord. 3288 §52, 2007)

Each use in an NC District must plant one tree for every eight (8) surface parking stalls. The trees shall be at least fifteen feet (15') tall at time of planting. (Ord. 3288 §53, 2007)

The following design standards shall apply to all uses within an NC District:

   A.   At least fifty percent (50%) of any first floor wall facing an arterial street must be glass.

   B.   If the building does not abut the sidewalk, there must be a walkway between the sidewalk and the primary entrance.

   C.   Surface parking should be located to the rear or to the side of the principal building.

   D.   Trash areas must be completely enclosed by a structure constructed of materials similar to the principal building. Dumpsters must have rubber lids.

   E.   Buildings must be designed with a residential character, including elements such as pitched roofs, lap siding, and wide window trim.

   F.   Lighting greater than one foot-candle is prohibited. All lighting fixtures shall be a "cutoff" design to prevent spillover.

   G.   Wall mounted signs are preferred, but monument signs no higher than six feet (6') are allowed. Roof mounted signs and pole signs are not permitted.

   H.   Signs shall not be internally lighted, but may be indirectly lighted. (Ord. 3288 §54, 2007)

Nonresidential uses may only be open for business between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. (Ord. 3288 §55, 2007)

The community commercial district is intended to allow for the location of enterprises that mainly serve the surrounding residential areas and that provide a scale and character that are compatible with residential buildings. (Ord. 3288 §56, 2007)

   A.   Permitted Uses: Permitted uses in a CC district are as follows:

Commercial and professional office.

Daycare.

Medical/dental.

Parks.

Personal services.

Residential (except on the ground floor).

Retail.

   B.   Specially Permitted Uses: Uses allowed by special use permit only are as follows:

Gasoline service stations.

Religious institutions.

Schools.

   C.   Specifically Prohibited Uses: The following uses are prohibited in CC districts:

Commercial parking.

Detention facilities.

Industrial.

Ministorage.

Outdoor storage or display of goods, other than plants.

Sales, repair or maintenance of vehicles, boats, or equipment.

Warehouses.

   D.   Additional Prohibited Uses: In addition to the uses listed in subsection C of this section, any other uses that the planning director determines are not in conformity with the purpose and intent of the district are prohibited. The decision of the planning director may be appealed by following the administrative appeal procedure found in sections 17.09.705 through 17.09.715 of this title. (Ord. 3486, 2014: Ord. 3288 §57, 2007)

The maximum height for all uses shall not exceed thirty two feet (32'). (Ord. 3288 §58, 2007)

   A.   Maximum Floor Area Ratio: The floor area ratio (FAR) for nonresidential uses in a CC district is 1.0 with a total FAR of 1.5 when a ground floor permitted use is combined with a second level residential unit.

   B.   Maximum Floor Area: The maximum floor area shall not exceed ten thousand (10,000) square feet for retail uses. All other nonresidential uses shall not exceed twenty thousand (20,000) square feet. (Ord. 3288 §59, 2007)

The parking ratios in a CC district shall be as follows:

   A.   Nonresidential Uses: Nonresidential uses must provide at least three (3) parking stalls per one thousand (1,000) square feet of floor area.

   B.   Permitted Residential Uses: Permitted residential uses must provide 1.5 stalls per dwelling unit. (Ord. 3288 §60, 2007)

   A.   Setbacks From Residential Districts: All uses in a CC district that are adjacent to a residential zoning district must have a minimum eight inches (8") of horizontal distance for every foot of building height.

   B.   Screening From Residential Districts: Any use within a CC district that is adjacent to a residential district must have a ten foot (10') wide (minimum) planting strip containing evergreen trees along the area bordering the two (2) districts. The trees must be at least fifteen feet (15') tall at time of planting and be planted no more than twenty five feet (25') apart. (Ord. 3288 §61, 2007)

Each use in a CC district must plant one tree for every eight (8) surface parking stalls. The trees shall be at least fifteen feet (15') tall at time of planting. (Ord. 3288 §62, 2007)

The following design standards shall apply to all uses within a CC district:

   A.   At least fifty percent (50%) of any first floor wall facing an arterial street must be glass.

   B.   If the building does not abut the sidewalk, there must be a walkway between the sidewalk and the primary entrance.

   C.   Surface parking should be located to the rear or to the side of the principal building.

   D.   Trash areas must be completely enclosed by a structure constructed of materials similar to the principal building. Dumpsters must have rubber lids.

   E.   Gasoline service stations, if approved, are limited to four (4) double sided pumps.

   F.   Lighting greater than two (2) foot-candles is prohibited. All lighting fixtures shall be a "cutoff" design to prevent spillover.

   G.   Wall mounted signs are preferred, but monument signs no higher than six feet (6') are allowed. Roof mounted signs and pole signs are not permitted. (Ord. 3288 §63, 2007)

   A.   The University (U) District is established to support and enhance the educational environment of public institutions of higher education in the City of Coeur d'Alene, and to allow flexible, creative development for public educational purposes. The District is intended to facilitate planned expansion, promote collaboration between public higher educational institutions and the local community, ensure compatibility with surrounding neighborhoods and natural resources, and preserve property within the District for public educational uses.

   B.   This District allows for a mix of uses that support the residential, retail, and service functions of public higher education campuses. (Ord. 3735, 9-3-2024)

District Boundaries:

   A.   All property north of the high water mark of Lake Coeur d'Alene and east of the high water mark of the Spokane River, which lies west of and includes N. Hubbard Street, except any public right-of-way, and south of W. River Avenue; and

   B.   All property north of W. River Avenue east of the high water mark of the Spokane River and west of, and including, the parcel bearing the legal description of North Idaho College SUB, Lt. 1 Blk. 5 (Ptn in TCA 001-015), and south of the City of Coeur d'Alene property utilized for the Advanced Wastewater Treatment Plant; and

   C.   That parcel lying east of W. Hubbard Street bearing the legal description North Idaho College SUB, Lt. 1 Blk. 5 (Ptn in TCA 001-012); and

   D.   That parcel lying east of W. Hubbard Avenue and north of W. River Avenue bearing the legal description of North Idaho College SUB, Lt. 1 Blk. 5 (Ptn in TCA 001-015) and parcels bearing the legal description of Fort Sherman Aband Mil Res. TAX#23504 IN LT 14 1450N04W and Fort Sherman Aband Mil Res. TAX#23200 IN LT 14 1450N04W; and

   E.   Parcels bearing the legal description of Taylors Park Addition, Block 1, Lots 1 through 16, and Block 2, Lots 1 through 16, Parcel 002-013-A along North Military Drive, and Parcels bearing the addresses 802 W. River Avenue and 415 N. Hubbard Avenue.

   F.   Any parcel within the District Boundaries that is privately-owned shall not be subject to the use restrictions or performance standards of this Ordinance, notwithstanding the Nonconforming Use Regulations of the Zoning Ordinance, until such time that it is purchased by North Idaho College or another public higher education institution, or the parcel is rezoned to U at the request of the owner.

   G.   This District shall overlay any approved Planned Unit Developments (PUD) in the District. To the extent not inconsistent with any applicable PUD approval, the standards of this Chapter shall apply to all property in the District. (Ord. 3735, 9-3-2024)

   A.   All uses permitted within the U District shall primarily serve the students, faculty, employees, and alumni of the affiliated institutions, or support educational, arts, athletic, or cultural events and offerings of the public higher educational institutions.

   B.   Cultural and academic events, conferences, and gatherings contributing to the intellectual and cultural vibrancy of the District are permitted.

   C.   Research and innovation centers are encouraged, provided they promote collaboration between the university and the local community. (Ord. 3735, 9-3-2024)

Principal permitted uses in the U Zoning District shall be as follows:

Administrative, including offices for faculty, staff, and operational purposes.

Automotive Parking Activities.

Business Supply Retail Sales.

Business Support Services, including maintenance facilities supporting campus operations.

Cell phone towers that are fully stealth and that support at least three (3) carriers and/or other uses outside of the permitted uses scope listed herein, meets the standards for height by zone and two hundred feet (200') distance from the nearest residential unit as prescribed in the Wireless Communication Facilities Regulations, and determined to conform to the purpose and/or intent of the District.

Childcare Facility.

Commercial Film Production.

Communication Services.

Community Assembly.

Community Education.

Convenience Sales.

Convenience Services.

Educational Activities, including classrooms, lecture halls, laboratories, libraries and research facilities.

Essential Services.

Faculty Housing.

Food and Beverage Sales/Off-Site Consumption.

Food and Beverage Sales/On-Site Consumption.

Group Assembly, including student union facilities, performing arts venues.

Neighborhood Recreation.

Professional and Administrative Offices, including student health centers, student wellness and recreation centers.

Public Recreation, including gymnasiums, sports fields, community gardens, equipment rentals.

Specialty Retail Sales, including bookstore.

Student Housing, such as Single-family detached housing, duplex housing, and multiple-family housing. (Ord. 3735, 9-3-2024)

Accessory Dwelling Units for student or faculty housing.

Automobile Parking.

Garage or carport (attached or detached).

Mailroom and/or common use room for multiple-family developments or Community Education.

Open areas and swimming pools.

Outside storage when incidental to the principal use.

Other accessory uses directly associated with educational functions. (Ord. 3735, 9-3-2024)

Bed and breakfast facility.

Boarding House.

Home Occupation.

Hotel/Motel when integral to Community Education. (Ord. 3735, 9-3-2024)

   A.   Industrial and commercial activities not directly associated with educational functions.

   B.   Residential developments not intended for student or faculty housing.

   C.   Privately-owned residential, condominiums, townhouses, or other non-educational residential development.

   D.    Additional Prohibited Uses: In addition to the prohibited uses listed in within this section, any other uses that the Planning Director determines are not in conformity with the purpose and/or intent of the District are prohibited. The decision of the Planning Director may be appealed by following the administrative appeal procedure found in Municipal Code §§ 17.09.705 through 17.09.715. (Ord. 3735, 9-3-2024)

   A.   Height restrictions: Buildings shall not exceed forty-five feet (45') feet, unless a variance is approved by the Planning and Zoning Commission or as prescribed in the PUD.

   B.   Minimum Yards for nonresidential activities:

      1.   Any Street Frontage: All frontages shall provide twenty feet (20').

      2.   Side, Interior: The interior side yard requirement shall be ten feet (10').

      3.   Rear: The rear yard requirement shall be ten feet (10').

      4.   All U District uses shall remain twenty-five feet (25') feet from any residential property lines not associated with an educational use.

   C.   Minimum Yards for residential uses in this District are subject to the site performance standards for the R-17 Zoning District.

   D.   Parking requirements: Adequate parking shall be provided for all developments based on established standards per a campus-style review process. Public parking along E. Rosenberry Drive (W. Lakeshore Dr./Dike Road) shall not be included in campus parking calculations.

   E.   A variance may be granted to partially waive off street parking and/or lot coverage requirements for commercial developments utilizing common parking. (Ord. 3735, 9-3-2024)