Coeur D Alene City Zoning Code
CHAPTER 17
07 MISCELLANEOUS ZONING REGULATIONS
IX. RESERVED
(Ord. 3560, 2017)
17.07.005: TITLE AND PURPOSE:
The provisions of this article shall be known as the MOBILE HOME REGULATIONS. The purpose of these regulations is to supplement the zoning district standards and procedures regarding mobile home parks, mobile home subdivisions, mobile home planned unit developments and individually sited mobile homes, and to establish the nonresidential occupancy regulations for commercial coaches.
Mobile home parks, mobile home subdivisions, mobile home planned unit developments, mobile homes sited on individual lots, and commercial coaches, shall be subject to the standards and procedures of the zoning district in which they are located and to other applicable regulations contained in the zoning ordinance. (Ord. 1691 §1(part), 1982)
17.07.010: TEMPORARY NONRESIDENTIAL OCCUPANCY:
A. A commercial coach occupied temporarily shall be considered an accessory structure and shall be subject to the accessory use regulations in chapter 17.06, article VII of this title.
B. In addition, such occupancy shall be limited to the following:
1. Occupancy In Conjunction With On Site Construction Project In All Zoning Districts: The temporary occupancy of a commercial coach as an office or for another nonresidential use shall be permitted in all zoning districts in conjunction with an on site construction project. Such occupancy shall terminate and the commercial coach shall be removed from the site after construction activities have been completed.
2. Occupancy As A Temporary Real Estate Office: The temporary occupancy of a commercial coach as a real estate office which is located on the site of a subdivision shall be permitted in all zoning districts. Such occupancy shall terminate and the commercial coach shall be removed from the site after one year unless a special use permit is granted for an additional time permit. (Ord. 1691 §1(part), 1982)
17.07.015: MOBILE HOME PARKS:
All structures within approved mobile home parks shall meet setback and other requirements of the zoning district in which they are located. Mobile homes located in mobile home parks shall be considered principal uses and shall be subject to all requirements of the zoning district applying to principal uses. In addition, the following regulations shall apply to mobile home parks and to the siting of mobile homes in the parks:
A. Density: A mobile home park shall not have a density in excess of eleven (11) mobile home units per gross acre.
B. Minimum Site Area: Each mobile home in a mobile home park shall occupy a site not less than three thousand one hundred fifty (3,150) square feet in area for the exclusive use of its residents.
C. Road Improvements And Access: Private roads within mobile home parks shall be sited, improved, and maintained in accordance with the following standards:
1. All road construction and improvements shall be in accordance with the improvement standards for the city or other minimums as established by the city.
2. No access driveway shall be located closer than one hundred feet (100') from any public street intersection.
3. Stop signs shall be provided at all intersections with public streets.
D. Circulation, Dedication And Improvements: Vehicular and pedestrian circulation in a mobile home park shall be in accordance with improvement standards for the city or other minimums as established by the planning commission. Land dedications for public rights of way and improvements to said rights of way may be required in mobile home parks by the city engineer or engineer's designee in accordance with provisions of this code.
E. Landscaping: All setbacks required by the applicable zoning district shall be landscaped in accordance with the landscaping, buffering and screening regulations commencing at section 17.06.805 of this title. In addition, all interior spaces in the mobile home park not devoted to buildings, roads, parking or walkway areas, shall be landscaped with a combination of trees, shrubs and ground cover. At least seventy five percent (75%) of the ground cover shall be trees, shrubs or other natural growth.
F. Pedestrian Walkways: Sidewalks shall be provided in accordance with chapter 12.20 of this code.
G. Drainage Facilities And Utility Services: Storm drainage facilities and utility services shall be subject to the following standards:
1. An underground drainage system shall be placed in accordance with city standards.
2. All utility distribution services (including electric, communication, and cable television lines) installed in and for the purpose of supplying service to any mobile home park shall be placed underground, except that equipment appurtenant to underground services, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and sealing ducts may be located aboveground.
3. The developer is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies involved for the installation of said services. However, the planning commission may waive requirements of this section if topographic, soil or any other conditions make underground installation of said services unreasonable or impractical.
H. Solid Waste Storage: One individual solid waste storage unit for each dwelling unit, or common solid waste bin enclosures for the development shall be provided.
I. Common Storage: Common storage within a mobile home park shall be provided at the rate of fifty (50) square feet of common storage per dwelling unit within a storage yard screened with six foot (6') high, sight obscuring fencing and landscaping. The common storage may be provided in the form of open or enclosed structures which may be assigned to and lockable by mobile home occupants.
J. Accessory Structures: Allowable accessory structures include: facilities for vending machines, a common car wash, storage areas for recreational vehicles, travel trailers and boats, a management office, and other structures of a similar nature as approved by the planning commission. Accessory uses shall be in accordance with the accessory use regulations commencing at section 17.06.605 of this title.
K. Private Enclosed Recreational Structures: Private enclosed recreational structures may be permitted in a mobile home park.
L. Sanitary Facilities: The following standards pertaining to sanitary facilities shall apply to mobile home parks:
1. Each mobile home park shall be connected to a sanitary sewer or other facility approved by the planning director.
2. Each mobile home site shall be provided a connection to the sanitary facility serving the mobile home park.
3. Mobile homes either without toilet facilities or with toilet facilities that cannot be connected to a sanitary sewer line shall not be permitted in a mobile home park.
4. When the use of a public sewer becomes available, the use of septic tanks or other private means of sewage disposal shall be discontinued, and all buildings and mobile homes with the exception of permitted recreational vehicles and travel trailers shall be connected with the sewer within six (6) months from the date of its availability if the mobile home park is within one hundred feet (100') of the sewer.
M. Noise: Noise levels in mobile home parks shall not exceed levels established by other applicable city regulations. Where mobile home parks are located adjacent to noise sources such as freeways and major arterial streets, noise above acceptable levels at dwelling unit sites within the park shall be reduced to the acceptable level as specified in subsection 17.07.120B of this chapter. The following methods may be utilized to reduce the noise level to the acceptable level:
1. Masonry walls.
2. Earthen banks.
3. Distance/spatial separations.
4. Dense vegetation.
N. Park Land Dedication: Mobile home parks shall provide park land, pay a fee, or do both.
O. Project Review Required: The project review regulations in article IV of this chapter and the project review procedure in chapter 17.09, article VI of this title shall be complied with before any mobile home park may be approved, and before any buildings for mobile home park purposes are installed. In addition to the other requirements, the site plan shall show the provisions for lighting of interior accessways, the location of all mobile home sites and required improvements, the provisions for landscaping and other such data as may be necessary to determine that the provisions of the mobile home regulations are being complied with.
P. Compliance With Other Regulations: All pertinent federal, state, county and city regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations. In case of conflict between regulations, the most stringent shall apply. (Ord. 3127, 2003: Ord. 3064, 2002: Ord. 2963 §1, 2000: Ord. 2934 §55, 1999: Ord. 2047 §3, 1987: Ord. 1826 §5, 1983: Ord. 1691 §1(part), 1982)
17.07.020: MOBILE HOME SUBDIVISIONS:
A. Limitations: Principal residential structures shall be limited to mobile homes.
B. Zoning Districts Where Permitted: Mobile home subdivisions shall be permitted in accordance with the regulations of the applicable zoning district.
C. Lots And Mobile Homes Subject To Regulations Of Zoning District: Lots and mobile homes in mobile home subdivisions shall be subject to all the regulations applicable in the zoning district to other types of residential uses.
D. One Mobile Home Per Lot: There shall be no more than one mobile home on each lot in a mobile home subdivision. (Ord. 1691 §1(part), 1982)
17.07.025: INDIVIDUAL MOBILE HOMES:
A. Permitted: An individual mobile home used as a permanent residential structure shall be permitted as specified by this title.
B. Subject To All Applicable Regulations: An individual mobile home shall be subject to all of the regulations of the applicable zoning district as well as all of the applicable regulations of this zoning ordinance and this code.
C. Minimum Lot Area: An individual mobile home shall not be sited on a lot less than five thousand five hundred (5,500) square feet in area as specified in subsection 17.05.470A of this title. (Ord. 2504 §6, 1993: Ord. 1691 §1(part), 1982)
17.07.105: TITLE AND PURPOSE:
The provisions of this article shall be known as the PERFORMANCE STANDARDS REGULATIONS. The purpose of these provisions is to promote the health, safety and general welfare of the residents of the city through limitations on certain nuisance generating characteristics of various activities, including vibration, noise, odor, humidity, heat, cold, glare, dust and/or smoke. (Ord. 1691 §1(part), 1982)
17.07.110: APPLICABILITY:
Any use of property that violates these regulations is prohibited even where it is otherwise permitted by the applicable zone regulations. Uses permitted by special use permit shall conform to these regulations as one component of their conditions. (Ord. 1691 §1(part), 1982)
17.07.115: RESTRICTIONS ON OPERATIONS:
The operation of any use established after the effective date hereof shall comply with the performance standards herein set forth for the zone in which such activity shall be located. No use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards herein established for the zone in which such use is located. A conforming use that is in compliance with existing zoning ordinances or a legal nonconforming use may be continued and maintained regardless of subsequent zoning changes on surrounding properties that otherwise would change the manner in which the requirements of this article apply to the preexisting use. (Ord. 3335 §4, 2008: Ord. 1691 §1(part), 1982)
17.07.120: VIBRATION AND NOISE:
A. In all zoning districts, any use creating intense earthshaking vibrations or noise such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least three hundred feet (300') from an abutting residential or commercial zoning district or at least one hundred fifty feet (150') from an abutting manufacturing zoning district, unless such operation is controlled to prevent transmission beyond the lot lines of earthshaking vibrations perceptible to a person of normal sensitivities.
B. In all districts, the use of property shall not create a noise level for residentially zoned property in excess of the following criteria, measured by an approved and properly calibrated decibel meter:
1. Daytime level (7:00 A.M. to 10:00 P.M.), sixty five (65) dB;
2. Nighttime level, fifty five (55) dB. (Ord. 2416 §2, 1992: Ord. 1691 §1(part), 1982)
17.07.125: ODOR:
A. In Manufacturing Zoning District: In a manufacturing zoning district the emission of any noxious, odorous matter which produces a public nuisance or hazard beyond lot lines is prohibited.
B. All Other Zoning Districts: In all other zoning districts, the emission of noxious, odorous matter which is detectable by a person of normal sensitivity at any point along lot lines is prohibited. (Ord. 1691 §1(part), 1982)
17.07.130: HUMIDITY, HEAT, COLD, GLARE, DUST, AND SMOKE:
A. In Manufacturing Zoning District: In a manufacturing zoning district any excessive humidity in the form of steam or moist air, intense heat, intense cold, intense glare, intense dust, or intense smoke produced by an activity within the district shall not be detrimental beyond the boundary of the district.
B. All Other Zoning Districts: In all other zoning districts, any use of property producing excess humidity in the form of steam or moist air, or producing intense heat, intense cold, intense glare, intense dust, or intense smoke shall be carried out within a completely enclosed structure so that neither a public nuisance nor hazard is created at or beyond lot lines of the lot involved. (Ord. 1691 §1(part), 1982)
17.07.205: TITLE AND PURPOSE:
A. The provisions of this article shall be known as the PLANNED UNIT DEVELOPMENT REGULATIONS, and the LIMITED DESIGN PLANNED UNIT DEVELOPMENT REGULATIONS.
B. The purposes of the planned unit development regulations are to permit the development of tracts of land to allow comprehensive planning and to provide flexibility in the application of certain regulations in a manner consistent with the general purpose of the zoning ordinance.
C. The purposes of the limited design planned unit development regulations are to permit the development of adjacent tracts of land of fifteen (15) or more acres in size or multiple parcels of fifteen (15) or more acres in size to provide for alternate yard, height and/or other regulations affecting the location and size of structures (facilities) and/or landscaping on a site 1 .
D. For parcels of land meeting the ownership requirements of section 17.07.220 of this chapter and greater than one and one-half (11/2) acres in size, the parcel(s) may be developed in accordance with the municipal code sections applicable to planned unit developments.
E. For parcels of land meeting the ownership requirements of section 17.07.220 of this chapter and greater than fifteen (15) acres in size, the parcel(s) may be developed in accordance with the municipal code sections applicable to limited design planned unit developments. (Ord. 2415 §1, 1991: Ord. 2368 §2, 1991: Ord. 1691 §1(part), 1982)
17.07.220: OWNERSHIP AND DIVISION OF LAND:
For all planned unit developments and limited design planned unit developments, the tract or tracts of land included in such developments must be under one ownership or control or be the subject of a joint application by the owners of all property included. Unless otherwise provided as a condition for approval of a planned unit development, the applicant may transfer units of any development for which approval has been granted; provided, that the transferee shall complete, use, and maintain each such unit, in strict conformance with the approved development plan. (Ord. 2368 §3, 1991: Ord. 1691 §1(part), 1982)
17.07.225: PROFESSIONAL SERVICES REQUIRED AS CONDITION OF APPROVAL:
The planning commission or the city council shall have the authority to require the utilization of appropriate competent professionals for specific input regarding special areas of concern, as a condition for approval of a planned unit development or a limited design planned unit development. (Ord. 2368 §4, 1991: Ord. 1691 §1(part), 1982)
17.07.230: PLANNED UNIT DEVELOPMENT REVIEW CRITERIA:
A planned unit development may be approved only if the proposal conforms to the following criteria, to the satisfaction of the commission:
A. The proposal is in conformance with the comprehensive plan.
B. The design and planning of the site is compatible with the location, setting and existing uses on adjacent properties.
C. The proposal is compatible with natural features of the site and adjoining properties. In the case of property located within the hillside overlay zone, does not create soil erosion, sedimentation of lower slopes, slide damage, or flooding problems; prevents surface water degradation, or severe cutting or scarring; reduces the risk of catastrophic wildfire in the wildland urban interface; and complements the visual character and nature of the city.
D. The location, design, and size of the proposal are such that the development will be adequately served by existing streets, public facilities and services.
E. The proposal provides adequate private common open space area, as determined by the commission, no less than ten percent (10%) of gross land area, free of buildings, streets, driveways or parking areas. The common open space shall be accessible to all users of the development and usable for open space and recreational purposes.
F. Off street parking provides parking sufficient for users of the development.
G. The proposal provides for an acceptable method for the perpetual maintenance of all common property. (Ord. 3091 §1, 2003: Ord. 3059 §4, 2002: Ord. 1691 §1(part), 1982)
17.07.235: PUBLIC SERVICES AND MAINTENANCE OF OPEN SPACE:
The planning commission or the city council may, as a condition of approval of planned unit developments, require that suitable areas for schools, parks, or playgrounds be set aside, and negotiated for public use, or be permanently reserved for the owners, residents, employees, or patrons of the development. Whenever private common open space is provided, the commission or the city council may require that an association of owners or tenants be created and incorporated for the purpose of maintaining such open space. The association shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessments levied to maintain said open space for the purposes intended. The period of existence of such association shall be perpetual unless a majority vote of the members and consent of the city council shall terminate it. (Ord. 2368 §6, 1991: Ord. 1691 §1(part), 1982)
17.07.240: PERFORMANCE BONDS:
The planning commission or the city council may, as a condition of approval of planned unit developments or limited design planned unit developments, require the applicant to enter into a contract with the city to install the required public improvements in the development within three (3) years of the date of public hearing for a planned unit development or in the case of a limited design planned unit development, three (3) years from the date of application for a building permit. The applicant shall furnish a performance bond or other sufficient security acceptable to the city for the installation. The director of planning may extend the completion date for additional six (6) month periods upon written request from the applicant. (Ord. 3127 §13, 2003: Ord. 2934 §56, 1999: Ord. 2368 §7, 1991: Ord. 1691 §1(part), 1982)
17.07.245: DEVELOPMENT STANDARDS:
The maximum allowable density for planned unit developments and limited design planned unit developments shall be based on the overall gross deeded land area, and shall be equal to or less than the overall density and density bonuses permitted by the applicable zoning district in which the planned unit development is proposed. In order to achieve the purposes of these provisions, the following standards may be modified:
A. Limited Design Planned Unit Development:
1. Any provision pertaining to site performance standards including, but not limited to, height, bulk, setback or maximum dimensions of any facility.
2. Any provision establishing buffering, landscaping or other similar requirements pertaining to site design.
B. Planned Unit Development:
1. Any provision pertaining to site performance standards including, but not limited to, height, bulk, setback or maximum dimensions of any facility.
2. Any provision establishing buffering, landscaping or other similar requirements pertaining to site design.
3. Any provision pertaining to the minimum or maximum dimensions of any lot(s).
4. Any provision pertaining to the type of facility allowed (i.e., multi-family residential versus single-family detached).
5. Any provision pertaining to sign regulations.
6. Any provision in titles 12 and 16 of this code regarding streets and sidewalks.
7. Any provision pertaining to off street parking and loading except that required parking spaces shall be located within two hundred feet (200') of the building containing the living units. (Ord. 2415 §2, 1991: Ord. 2368 §8, 1991: Ord. 2348 §3, 1991: Ord. 1691 §1(part), 1982)
17.07.250: DISTRIBUTION OF IMPROVEMENTS WITHOUT REFERENCE TO LOT OR BLOCK LINES:
All improvements for planned unit developments and limited design planned unit developments including off street parking and loading spaces, usable open space, and landscaping, buffering and screening may be located within the development without reference to the lot lines or blocks, except that required parking spaces serving residential activities shall be located within two hundred feet (200') of the building containing the living units served. (Ord. 2368 §9, 1991: Ord. 1691 §1(part), 1982)
17.07.255: WAIVER OR REDUCTION OF DIMENSIONAL REQUIREMENTS:
(Rep. by Ord. 2368 §10, 1991)
17.07.275: LIMITED DESIGN PLANNED UNIT DEVELOPMENT REVIEW CRITERIA:
A limited design planned unit development may be approved only if the proposal conforms to the following criteria to the satisfaction of the planning commission.
A. The proposal produces a functional, enduring and desirable environment.
B. The proposal is consistent with the city comprehensive plan.
C. The building envelope(s) is compatible with or sufficiently buffered from uses on adjacent properties. Design elements that may be considered include: building heights and bulk, off street parking, open space, privacy and landscaping.
D. The proposal is compatible with natural features of the site and adjoining properties. Natural features to be considered include: topography, native vegetation, wildlife habitats and watercourses.
E. The proposal provides adequate private common open space area, as determined by the planning commission, no less than ten percent (10%) of gross land area, free of buildings, streets, driveways or parking areas. The common open space shall be accessible to all users of the development and usable for open space and recreational purposes.
F. The location, design and size of the proposed building envelope is such that the traffic generated by the development can be accommodated safely on minor arterials and collector streets, and without requiring unnecessary utilization of other residential streets.
G. The proposed setbacks provide:
1. Sufficient emergency vehicle access.
2. That neighborhood character will be protected by adequate buffering.
3. For maintenance of any wall exterior from the development's property.
H. The proposed building envelope(s) will provide for adequate sunlight, fresh air and usable open space. (Ord. 3380 §6, 2010)
17.07.305: TITLE AND PURPOSE:
The provisions of this article inclusive, shall be known as the PROJECT REVIEW REGULATIONS. The purpose of these provisions is to:
A. Prescribe the criteria for review of the siting and design of improvements.
B. Inform the applicant of pertinent city regulations and other consideration affecting development of the property.
C. Guide the applicable city departments in the issuance of permits. (Ord. 1691 §1(part), 1982)
17.07.310: APPLICABILITY:
The project review regulations shall be applicable to any development, except:
A. Projects containing four (4) or fewer residential dwelling units on a single parcel; or
B. Nonresidential projects with a total valuation below any amount determined, and annually established by the building inspector.
Project review is available for projects exempted above, at the applicant's option. (Ord. 1691 §1(part), 1982)
17.07.315: PROJECT REVIEW CRITERIA:
A development plan will be reviewed in accordance with the following criteria:
A. The proposal complies with the provisions of the zoning ordinance, including: permitted uses; site performance standards; density; access; animal keeping; landscaping, buffering and screening; off street parking and loading; performance standards; signs; exterior illumination; authorized variances; PUD conditions, and accessory uses.
B. The proposal is consistent with the comprehensive plan.
C. The proposal addresses compatibility with natural features of the site and adjoining properties, including topography, native vegetation, and watercourses.
D. The proposal complies with all special area regulations as defined by this title, which are applicable to the site.
E. All elements of the design of the land, including vehicular ingress and egress, internal circulation of vehicles, pedestrian walkways, buildings, structures and related improvements, landscaping, signs, and exterior illumination are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and physical disruption of surrounding property will not result. (Ord. 1691 §1(part), 1982)
17.07.320: FINDINGS REQUIRED AT FINAL REVIEW:
Pursuant to section 17.09.525 of this title, before a building permit may be issued for any building or structure under project review, the Planning Director or designee shall make all the following findings:
A. Conformity With Site Plan: The proposed building is in conformity with the development plan, applicable regulations and/or conditions of approval.
B. Dedications Obtained: All of the required dedications have been obtained. (Ord. 3674 §9, 2021: Ord. 3127 §14, 2003: Ord. 2934 §57, 1999: Ord. 2171 §1, 1989: Ord. 1691 §1(part), 1982)
17.07.330: PROCEDURES:
Procedures for actions related to the project review regulations shall be made pursuant to the project review procedure in chapter 17.09, article VI of this title. (Ord. 1691 §1(part), 1982)
17.07.405: REGULATIONS APPLYING TO ADULT ENTERTAINMENT USES:
A. Special Use Permit Requirement: Adult entertainment uses are permitted in the designated zones upon the granting of a special use permit pursuant to the special use permit procedure at chapter 17.09, article III of this title.
B. Location:
1. No adult entertainment use shall be located within, nor closer than one thousand feet (1,000') measured from the property lines to the boundary of any residential zone, school, church or public playground/park.
2. No adult entertainment use shall be closer than one thousand feet (1,000') to any other adult entertainment use. (Ord. 3093 §2, 2003: Ord. 1691 §1(part), 1982)
17.07.505: TITLE AND PURPOSE:
The provisions of this article shall be known as the LIQUID FUEL STORAGE AND SALES REGULATIONS. It is the purpose of these regulations to promote the public health, safety and welfare by controlling design and location of liquid fuel storage and sales facilities. (Ord. 1925 §2, 1985)
17.07.510: REGULATIONS:
All liquid fuel storage and sales facilities shall meet the following standards:
A. The storage facility, including the fuel delivery and storage tanks, must be separated from any retail sales activity on the same site by adequate safety barriers of walls or fencing that will ensure total separation of traffic circulation;
B. The facility shall have safeguards that are sufficient to prevent surface and/or ground water contamination; and
C. The facility shall have direct access on a major arterial, which arterial provides traffic characteristics that afford the safe delivery of liquid fuel. (Ord. 1925 §3, 1985)
17.07.600: TITLE AND PURPOSE:
A. The provisions of this article shall be known as the COMMERCIAL BUSINESS PARK REGULATIONS. The purpose of these provisions is to supplement the zoning ordinance by accommodating business and professional offices, banks and similar financial institutions and governmental facilities (with supplementary restaurant and personal establishments) in a parklike setting and locations that are compatible with existing uses and proper community development, but where it is not deemed desirable to permit the more intensive business activity of a retail nature. Offices are the primary use in this district. To serve the employees of the office complexes, some accessory uses are permitted as specified.
B. In order to fulfill the intention of maintaining a parklike setting, trees and existing vegetation on the subject property should be retained to the maximum extent possible. (Ord. 1994 §1, 1987)
17.07.605: ESTABLISHED AS PLANNED UNIT DEVELOPMENT:
The commercial business park shall be established on property through the planned unit development procedure set forth in chapter 17.09, article V of this title on property that is located in one of the following zoning districts: C-17, C-17L or ML. (Ord. 1994 §2, 1987)
17.07.610: PERMITTED USES; PRINCIPAL USES:
Principal permitted uses in a commercial business park shall be as follows:
A. Hospitals/healthcare.
B. Professional offices (excluding medical and healthcare practitioners).
C. Administrative offices (excluding medical and healthcare practitioners).
D. Personal service establishments.
E. Medical and healthcare practitioners. (Ord. 1994 §3, 1987)
17.07.615: PERMITTED USES; ACCESSORY:
Accessory permitted uses in a commercial business park shall be as follows, and shall be subject to the listed conditions:
A. Uses:
1. Pharmacy associated with a medical office or clinic.
2. On site food consumption facilities, which must comply with title 5, chapter 5.75 of this code and article X of this chapter as required.
B. Conditions: Accessory uses in a commercial business park are subject to all of the following conditions:
1. The total gross floor area for the accessory use may not exceed twenty percent (20%) of the gross ground floor area of the principal use or uses it serves.
2. Accessory uses shall not be developed prior to the principal uses on which the twenty percent (20%) provision is based.
3. Accessory uses may be accessed only by an internal street with the commercial business park and not from an arterial or other peripheral street.
4. All accessory uses within the commercial business park district shall be oriented internally to the commercial business park area in terms of building siting, signage and access. (Ord. 3551, 2016: Ord. 1994 §4, 1987)
17.07.620: PERMITTED USES; SPECIAL USE PERMIT:
Permitted uses by special use permit in a commercial business park shall be as follows:
A. Convenience sales.
B. Food and beverage stores for off/on site consumption.
C. Veterinary office.
D. Commercial recreation.
E. Hotel/motel.
F. Banks and financial establishments. (Ord. 1994 §5, 1987)
17.07.630: SITE PERFORMANCE STANDARDS; IMPERVIOUS SURFACE:
(Rep. by Ord. 2995 §19, 2000)
17.07.640: SITE PERFORMANCE STANDARDS; MAXIMUM HEIGHT:
Maximum height requirements in a commercial business park shall be as follows:
A. Maximum height shall be five (5) stories not to exceed sixty two and five-tenths feet (62.5').
B. Radio towers, roof projections, etc., shall be subject to section 17.06.325 of this title. (Ord.1994 §7, 1987)
17.07.650: SITE PERFORMANCE STANDARDS; MINIMUM PARK SIZE:
Minimum park size and frontage requirements in a commercial business park shall be as follows:
A. Minimum park size shall be equal to or greater than one full acre (43,560 square feet).
B. Minimum frontage on a public or private street shall be one hundred feet (100'). (Ord. 1994 §8, 1987)
17.07.660: SITE PERFORMANCE STANDARDS; MINIMUM YARD:
Minimum yard requirements in a commercial business park shall be as follows:
All buildings shall be set back from property lines as follows:
A. Perimeter Setbacks: All buildings shall be set back from the park's property line adjacent to a public or private right of way a minimum distance of forty feet (40') or distance equal to one and one-half (11/2) times the building height, whichever is greater, except that no building shall be required to set back over seventy five feet (75') from the park's property line.
B. Interior Setbacks: All buildings shall be set back a minimum of twenty feet (20') from any other buildings. (Ord. 1994 §9, 1987)
17.07.700: DEVELOPMENT STANDARDS:
17.07.705: TEMPORARY STRUCTURES:
No temporary buildings or other temporary structures shall be permitted on any building site, except as provided for in section 17.07.010 of this chapter. Such structures shall be placed as inconspicuously as practicable, shall cause no inconvenience to owners or occupants of other buildings sites, and shall be removed no later than thirty (30) days after the date of issuance of an occupancy permit of the building(s) in connection with which the temporary structure was used. (Ord. 1994 §11, 1987)
17.07.710: SCREENING OF SERVICE FACILITIES AND STORAGE AREAS:
Garbage and refuse containers shall be contained within buildings, or shall be concealed by means of screening walls of materials similar to and compatible with that of the building. Outside screened storage areas must not project beyond the front face of the principal building on any site or into any required building setback area. Maneuvering spaces for vehicles using service areas shall be paved and maintained by the owner or park association. (Ord. 1994 §12, 1987)
17.07.715: CONSTRUCTION AND STORAGE IN UTILITY EASEMENTS:
No permanent structures shall be allowed within utility easements or corridors. However, parking lots, landscaping and storage may be carried out in utility easements under the specifications and criteria set forth by the utility holding the easement. Property uses within such easements shall meet all other applicable conditions set forth in other applicable regulations. (Ord. 1994 §13, 1987)
17.07.720: PARKING, LOADING AND UNLOADING AREAS:
Within the park, no parking shall be permitted on any street or drive that is not built to city standard street section to allow for on-street parking. If streets or drives are not built to city standard, no parking shall be permitted on any place other than parking areas located upon the building sites. All driveways and areas for parking, maneuvering, loading and unloading shall be paved with asphalt, concrete or similar materials. Concrete curbs shall define all drives, entrance ways and parking areas. (Ord. 1994 §14, 1987)
17.07.725: PARCEL ACCESS:
No access will be allowed within two hundred fifty feet (250') of an intersection with a principal arterial or one hundred fifty feet (150') of an intersection with minor arterials or collector streets, without specific approval of the Planning Commission. (Ord. 1994 §15, 1987)
17.07.730: FENCING:
All permanent fencing shall be incorporated into the landscaping treatment of the site. (Ord. 1994 §16, 1987)
17.07.735: LANDSCAPING REQUIREMENTS:
General requirements shall be as set forth in the landscaping regulations of the Zoning Ordinance.
A. Trees located within the public right of way shall be subject to the Urban Forestry Ordinance, Ordinance 1878.
B. Plan Required: A landscape plan is required for a commercial business park. The plan shall be drawn to scale and show the location and design of landscaped areas, species, size and spacing of plant material to be installed, berming or other landscape elements. Existing areas of vegetation or natural features (e.g., rocks, ravines, streams, etc.) and open space shall be shown on the landscape plan. All landscaping areas shall be served by an irrigation system. All required landscaping shall be planted within nine (9) months after first issuance of a certificate of occupancy for any building.
C. Planning Commission Action Required: As part of the PUD process, the Planning Commission shall approve, deny or modify the commercial business park landscaping plan.
D. Design Review:
1. Retention of Existing Significant Trees: Significant, healthy trees are to be saved where not in conflict with buildings and/or required paving. A significant tree means a deciduous tree six inches (6") in diameter or greater measured at four and one-half feet (41/2') above existing grade and/or an evergreen tree four feet (4') or taller measured from existing grade.
2. Minimum Required: A minimum of twenty percent (20%) of the park must be landscaped as follows:
a. Public Right of Way: A minimum fifteen foot (15') landscape easement adjacent to public rights of way shall be planted and maintained in accordance with Article IX of Chapter 17.06.
b. Parking Lots: Landscaping shall be required for all parking lots. The amount of landscaping required is calculated as a percentage of the gross parking area. This percentage is determined by the number of proposed parking spaces.
NO. OF PARKING SPACES |
% GROSS PARKING AREA TO BE LANDSCAPED
|
4 - 50 | 8% |
51 - 99 | 10% |
100 or more | 12% |
c. Landscape islands shall be a minimum of one hundred twenty (120) square feet.
d. Landscaping shall generally consist of a 50%/50% mix of evergreen and deciduous plantings including trees, shrubs and ground covers. Natural vegetation which meets the above standards shall be retained in place of all or part of any required landscaping, as established by the Planning Commission.
E.Reductions Allowed: The minimum required landscaping may be reduced if the effect of the above requirements results in more than twenty percent (20%) of the park being landscaped. The reduction in landscaping shall be equally distributed between required right of way landscaping and required parking lot landscaping. (Ord. 1994 §17, 1987)
17.07.740: SIGNAGE:
All signage within a commercial business park must conform to the Sign Ordinance subject to the following:
A. Permitted Signs: Signage within a commercial business park shall be limited to the following:
1. On-Premises Directional Signs: Signs directing persons already on the premises on which the signs are located giving directions to building entrances or exits, telephones, drive- up windows, service areas or motor routes within the premises, not to exceed three (3) square feet of sign area. Unlimited number allowed.
2. Motor Vehicle Directional Signs: Signs designed to identify business premises' entrances and exits. Limited to one illuminated sign per driveway, not to exceed four (4) square feet of sign area and three feet (3') above grade, which can display the name or logo, but is primarily directional in nature, not identification.
3. Park and Building Identification Signs: Signs designed to identify park at entrances and exits, individual buildings and businesses within park.
a. Park identification signs shall be approved by the Planning Commission through the PUD process.
b. Building identification signs shall be limited to one sign per building face, and may be either a wall sign or a ground sign.
4. Warning Sign: A sign erected on private property warning the public of a danger on or limiting access to the premises, such as "No Trespassing", "Tow-Away Zone", etc. Such signs are limited to four (4) square feet, a freestanding height of three feet (3') and limited to two (2) signs per building.
B. Types of Signs:
1. Ground Sign: A ground sign shall mean an on-premises sign, either supported on upright poles or braces in or upon the ground.
a. Ground signs, except park identification signs, shall not exceed the following dimensions: height equals four feet (4'); width equals six feet (6'); and depth equals two feet (2').
b. Ground signs shall not obstruct traffic vision, and shall have a landscaped buffer zone extending a minimum of three feet (3') around the entire base of the sign.
2. Wall Sign: A wall sign means a sign that is painted on, attached to, or erected against a wall or parapet of a building.
a. Wall signs shall not project more than eighteen inches (18") from or extend past the end of the wall to which it is attached.
b. Wall signs shall not exceed the limits set forth in the Sign Code except as established by the Planning Commission through the PUD process. (Ord. 1994 §18, 1987)
17.07.745: UNDEVELOPED PROPERTY:
Areas not improved with buildings, paving or landscaping shall be graded, planted with indigenous grasses and planting, and maintained in a neat and orderly manner. (Ord. 1994 §19, 1987)
17.07.750: SCREENING OF MECHANICAL EQUIPMENT:
All mechanical equipment shall be located or screened so as to limit its visibility. Pad-mounted transformers, switchgear, and similar equipment, installed above ground line, shall be screened with suitable vegetative or architectural materials consistent with safety and other regulations of the utility companies. (Ord. 1994 §20, 1987)
17.07.755: SCREENING OF ROOF PROJECTIONS:
Penthouses and mechanical equipment screening walls shall be of design and materials compatible with those of the building.
Antennas and other communication equipment shall be visually masked to the extent practicable and consistent with electromagnetic and transmission/reception considerations. (Ord. 1994 §21, 1987)
17.07.760: PARKING SETBACK REQUIREMENTS:
Parking surfaces shall be set back a minimum fifteen feet (15') from public or private rights of way. (Ord. 1994 §22, 1987)
17.07.765: LIGHTING:
Each building site shall have adequate lighting for the structures, parking and storage areas, walkways and vehicle entrances and exits. Lighting shall be shielded to avoid casting glare on adjoining building sites. (Ord. 1994 §23, 1987)
17.07.770: STREETS:
Private streets within a commercial business park shall be built with a minimum thirty foot (30') paved section to city standards, unless parking within the street is intended 1 , and shall include curbs. Private streets within the park shall be built within a right of way that conforms to city standards. The entire right of way shall be reserved for future dedication to the city. Dedication may be requested by either the developer or the city; the city retains the right of refusal. (Ord. 1994 §24, 1987)
17.07.775: SIDEWALKS:
Sidewalks and pedestrian walkways shall be included within a commercial business park as follows:
A. On public rights of way, sidewalks shall be in accordance with city standards.
B. Between building sites and within the park, there shall be adequate pedestrian walkways separate from parking areas, driveways or streets as approved by the planning commission. (Ord. 1994 §25, 1987)
17.07.800: JOINT USE OF PARKING:
The commission, through the PUD process, may authorize the joint use of parking facilities provided that:
A. The applicant shows that there is no substantial conflict in the principal operating hours of the building, structure or use for which the joint use of parking facilities is proposed;
B. The parking facility for such proposed joint use is not farther than four hundred feet (400') from the building, structure or use required to provide off street parking; and
C. The parties concerned in the joint use of off street parking facilities shall submit a written agreement pursuant to section 17.44.190 of this title. (Ord. 1994 §26, 1987)
17.07.805: ADHERENCE TO APPROVED PLANS:
An approved commercial business park shall be subject to the plans and other conditions upon the basis of which it was granted. Unless a different termination date is prescribed, the permit shall terminate one year from the effective date of its granting unless substantial development or actual commencement of authorized activities has occurred, or if there is a cessation of use or occupancy for two (2) years. However, such period of time may be extended by the planning commission for one year, without public notice, upon written request filed at any time before the permit has expired and upon a showing of unusual hardship not caused by the owner or applicant. (Ord. 1994 §27, 1987)
17.07.810: REVOCATION:
In the event of a violation of any of the provisions of the zoning ordinance, or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after notice and hearing, revoke any commercial business park planned unit development. The determination of the planning commission shall become final fifteen (15) days after the Planning Commission’s decision, unless appealed to the city council pursuant to subsection 17.09.125B of this title.
Removal of a majority of significant trees from the commercial business park may result in revocation procedures. (Ord. 3674 §10, 2021: Ord. 1994 §28, 1987)
17.07.900: PURPOSE:
The title of this article shall be INFILL OVERLAY DISTRICTS. The purpose of these regulations is to establish infill overlay districts and to prescribe procedures whereby the development of lands within these infill overlay districts can occur in a manner that will encourage infill development while protecting the surrounding neighborhoods. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the visual character and the nature of the city. (Ord. 3192 §2, 2004)
17.07.905: DEFINITIONS:
Unless a provision states otherwise, the following terms and phrases, as used in this article and the design standards and guidelines adopted herein, shall have the following meanings:
ARTICULATION OF DETAIL: Focusing particular attention to the expression of the small elements of a design that collectively constitute the whole.
CANOPY: 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.
CLERESTORY: An upper story wall of a room or building that contains windows and is open to the lower floor.
CURB BULB: An extension of the curb and sidewalk that projects into the parking lane at intersections or other pedestrian crossings to facilitate pedestrian visibility and safety.
DEFENSIBLE ENTRY: Entry points and pathways configured to provide maximum opportunity to rightful users and/or residents to defend themselves against intruders or criminal activity.
DORMER: A vertical window set in a structure projecting from a sloping roof.
MEDALLION: Something resembling a large medal such as a tablet or panel in a wall or window bearing a figure in relief.
MIXED USE: Space within a building or project providing for more than one use (e.g., a loft or apartment project with retail, an apartment building with office space or an office building with retail space).
OVERHANG: A projecting bay or floor of a building that projects out beyond the floor below.
PARAPET: The vertical extension of a wall beyond the roofline.
PAVING, SPECIAL: A ground surface that is covered with material other than scored concrete or asphalt (examples: unit paving, stamped concrete, stone, concrete with significantly exposed aggregate).
PEDESTRIAN STREET: Pedestrian streets are Fourth Street between Roosevelt Avenue and Miller Avenue.
PORTICO: A colonnade or covered porch generally used at the entrance to a building.
SIDELIGHTS: Windows located to the side of entry doors.
SILL: Horizontal slightly projecting feature made of wood, stone, masonry, or metal that creates a shadow line at the bottom edge of a window.
STREET FURNITURE: Manmade items located in the sidewalk including, but not limited to, benches, signage, bollards, lighting, trash receptacles, and bike racks.
STREETSCAPE: All the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, awnings, marquees, and lighting.
THROUGH BLOCK CONNECTION: Walkway that allows the general public to walk through a block, between two (2) parallel streets or a street and an alley. (Ord. 3288 §71, 2007: Ord. 3192 §3, 2004)
17.07.910: OVERLAY DISTRICTS CREATED:
A. Districts Described: The following infill overlay districts are subject to the provisions of this article:
1. Downtown Overlay; Northside (DO-N): The boundaries of the DO-N district are as depicted in subsection C of this section. The intent of this district is to create a transition between the downtown core and purely residential areas to the north. Infill development is encouraged, including urban housing (e.g., townhouses, courtyard housing) with a height limit that is compatible with lower scaled development. However, it is intended that development within the district consists of sufficient density to warrant the provision of parking below grade. Moreover, a limited array of goods and services is appropriate to serve the neighborhood. Traffic calming measures would be applied and there would be an emphasis on preserving existing large trees and providing new ones.
2. Downtown Overlay; Eastside (DO-E): The boundaries of the DO-E district are as depicted in subsection C of this section. The intent of this district is to create a transition between the downtown core and residential areas to the east. Infill development is encouraged, including urban housing (e.g., townhouses, courtyard housing, cottages) with a height limit that is compatible with lower scaled development. However, it is intended that development within the district consists of sufficient density to warrant the provision of parking below grade. Moreover, a limited array of goods and services is appropriate to serve the neighborhood. Traffic calming measures would be applied and there would be an emphasis on preserving existing large trees and providing new ones.
3. Midtown Overlay (MO): The boundaries of the MO district are as depicted in subsection C of this section. The intent of this district is to create a lively, neighborhood business district with a mixture of uses, including retail, services, and residential. Storefronts would be relatively continuous along the street within the core of the district. Housing would be encouraged both above and behind commercial uses. Traffic calming measures would be applied and there would be an emphasis on creating a streetscape that would offer safety, convenience and visual appeal to pedestrians.
B. Conflict With Provisions Governing Underlying Zoning District: The infill overlay districts created by this article shall overlay the underlying zoning district. In the case of conflict between the provisions of this article and the provisions governing the underlying zoning district or other municipal code provisions, the provisions of this article shall govern.
C. District Boundaries:
(Ord. 3317 §1, 2007: Ord. 3192 §4, 2004)
17.07.915: PERMITTED ACTIVITY GROUPS/USES:
A. Activity Groups/Uses Allowed In The Underlying Zoning District Generally Permitted: All activity groups/uses permitted within the underlying zoning district shall be allowed, unless otherwise noted in this section.
B. Activity Groups/Uses Expressly Prohibited In All Three Overlay Districts: The following activity groups/uses are expressly prohibited in all infill overlay districts:
Adult entertainment.
Adult entertainment retail sales.
Criminal transitional facilities.
Juvenile offenders facilities.
All other uses that include the outdoor storage of inventory, materials, or supplies.
C. Additional Activity Groups Expressly Prohibited In The DO-N And DO-E Districts: The following activity groups are expressly prohibited in the DO-N and DO-E infill overlay districts:
All drive-through sales or service uses.
All industry activity groups.
All veterinary activities and commercial kennels other than veterinary office.
All wholesale sales activity groups.
Automotive accessory retail sales.
Automotive fleet storage.
Automotive parking (unless serving a principal use).
Automotive rental.
Automotive repair/cleaning.
Automotive sales.
Gasoline sales. (Ord. 3192 §5, 2004)
17.07.920: DEVELOPMENT INTENSITY:
A. Allowable Floor Area Ratios: The amount of allowable floor area shall be determined using the following:
1. Table Of Allowable Floor Area Ratios:
ALLOWABLE FLOOR AREA RATIOS
Overlay District
|
Nonresidential Use | Residential Use | Combined
| ||
Basic
|
With Bonuses
|
Basic
|
With Bonuses
| ||
DO-N | 0.3 | 0.9 | 1.0 | 2.0 | 2.9 |
DO-E | 0.3 | 0.6 | 0.5 | 1.0 | 1.6 |
MO | 0.5 | 1.0 | 1.0 | 2.0 | 3.0 |
2. Additional Restrictions:
a. When using a combined FAR, the maximum FAR for each use category shall not be exceeded.
b. Hotels, motels, and bed and breakfast establishments are considered residential uses for the purpose of FAR.
c. FAR includes all structures on a site including accessory structures except:
(1) Floor area dedicated to parking.
(2) Elevators, staircases and mechanical spaces.
(3) Exterior decks, porches and arcades open to the air.
d. All development, including basic FAR, shall comply with the design standards and guidelines adopted pursuant to this article.
B. Development Bonuses: The planning director may authorize an increased FAR (FAR bonus) for those developments that incorporate amenities listed in this subsection so long as the proposed amenity satisfies its design criteria and serves the intended purpose in the proposed location. An appeal may be taken to the design review commission by an aggrieved party from any determination of the planning director under this subsection by following the appeal procedures specified in section 17.07.945 of this chapter.
1. Minor Amenities: Each amenity in this subsection may allow an increase of 0.2 FAR from the basic allowable FAR up to the maximum allowable FAR.
a. Additional Features: Additional streetscape features: Seating, trees, pedestrian scaled lighting, and special paving in addition to any that are required by the design standards and guidelines adopted pursuant to this article.
b. Common Spaces: Common courtyard or green: This space shall be available to tenants or residents of the development and shall be an area equal to at least four percent (4%) of the floor area of the building. There should be both paved areas and landscaping, with planting consuming at least thirty percent (30%) of the area. Seating and pedestrian scaled lighting must be provided.
c. Canopies: Canopy over the public sidewalk: A permanent structure extending over the sidewalk a minimum of five feet (5') in width and extending along seventy five percent (75%) of a building's frontage at a minimum. The height above the sidewalk shall be between eight (8) and ten feet (10').
d. Alleys: Alley enhancements: Pedestrian scaled lighting, special paving, and rear entrances intended to encourage pedestrian use of the alley.
e. Upgrades: Upgraded materials on building: Use of brick and stone on the building facades that face streets.
f. Tree Preservation: Preservation of grand scale tree(s) may qualify for a FAR bonus. Tree health and compatibility with the proposed development shall be reviewed by the city's urban forestry coordinator. The number of trees preserved in order to satisfy this criteria is left to the discretionary review process within the planning department. A tree protection plan, in accordance with section 12.36.460 of this code, shall be presented to the urban forestry coordinator for approval prior to the commencement of construction activities.
2. Major Amenities: Each amenity in this subsection may allow an increase of 0.5 FAR from the basic allowable FAR up to the maximum allowable FAR.
a. Exterior public space: To qualify for this bonus the space must be available for public use from seven o'clock (7:00) A.M. to dusk. The space must be an area equal to at least two percent (2%) of the total interior floor space of the development and no dimension shall be less than eight feet (8'). Landscaping, textured paving, pedestrian scaled lighting, and seating must be included.
b. Public art or water feature: To qualify for this bonus the feature must be appraised at a value that is at least one percent (1%) of the value of building construction costs. Documentation of building costs and appraised value of the art or water feature shall be provided.
c. Through block pedestrian connection: To qualify for this bonus the walkway must be at least six feet (6') wide and allow the public to walk between a street and an alley or another street. The walkway must be flanked with plantings and pedestrian scaled lighting.
d. Belowground structure parking: To qualify for this bonus all required parking must be contained within a structure that is below grade. (Ord. 3565, 2017: Ord. 3288 §72, 2007: Ord. 3192 §6, 2004)
17.07.923: MINIMUM LOT SIZE AND FRONTAGE:
A. Minimum Lot Size: The minimum lot size for lots within the infill overlay districts shall be one thousand five hundred (1,500) square feet.
B. Minimum Frontage: The minimum frontage on a public street within the infill overlay districts shall be fifteen feet (15'). (Ord. 3242 §1, 2005)
17.07.925: BUILDING HEIGHT:
A. Principal Structures: Subject to the provisions of subsection B of this section, the height of principal structures within the infill overlay districts shall not exceed the following:
Overlay District
| Maximum Building Height
| |
DO-N | 45 feet | |
DO-E in a residential zone | 35 feet | |
DO-E in a commercial zone | 38 feet | |
MO | 45 feet |
B. Principal Structures Near District Boundaries: The height of principal structures located within fifty feet (50') of districts having a lower height limit shall not exceed the height limit for the adjacent district.
C. Accessory Structures: The height of accessory structures, including detached garages, shall not exceed fourteen feet (14') measured to the high point of a flat or the ridge of a low slope roof or eighteen feet (18') measured to the ridge of a medium to high slope roof. (Ord. 3335 §5, 2008: Ord. 3299 §15, 2007: Ord. 3192 §7, 2004)
17.07.930: PARKING STANDARDS:
A. Residential Uses: The parking requirements for residential uses within the infill districts shall be as follows:
Residential Type | MO And DO-E Districts
| DO-N District | ||
Residential Type | MO And DO-E Districts
| DO-N District | ||
Elderly housing | 0.5 space per unit | 0.5 space per unit | ||
Studios | 1.0 space per unit | 1.0 space per unit | ||
1 bedroom | 1.0 space per unit | 1.0 space per unit | ||
2 bedrooms | 1.75 spaces per unit | 1.5 spaces per unit | ||
3 bedrooms | 2.5 spaces per unit | 2.0 spaces per unit | ||
4 or more bedrooms | 1.0 space per bedroom | 1.0 space per bedroom | ||
B. Commercial And Other Uses:
1. General Requirement: For commercial and other nonresidential uses, one off street parking stall shall be provided for each three hundred thirty (330) square feet of interior floor area.
2. Exception: Restaurants with more than one thousand (1,000) square feet shall provide one stall per each two hundred (200) square feet of interior floor area.
C. Shared Parking: If different uses within a development share parking, the planning director may reduce the total amount of required parking by up to twenty percent (20%).
D. MO District Off Site Parking: Notwithstanding the distance requirements of section 17.44.250 of this title, parking in the MO district 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.
E. MO District Fees In Lieu Of Parking: Instead of furnishing the off street parking spaces required for uses within that portion of the MO district depicted in this section, in-lieu payments may be made as set forth in this section.
1. 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 in- lieu parking area of the MO 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 using the formula found in subsection 17.05.727A of this title. The adopted fee shall be reviewed at least every three (3) years by the city council.
2. 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:
a. If eight (8) or fewer parking spaces are required, all of the parking spaces may be replaced with fees in lieu.
b. If nine (9) to twenty (20) parking spaces are required, sixty percent (60%) (rounded up to the next space) of the spaces may be replaced with fees in lieu.
c. Fees in lieu may not be used to replace parking spaces above twenty (20) spaces.
3. 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 in-lieu parking area of the MO district by way of purchase of necessary land or improving such land for public parking purposes.
4. 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.
5. 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.
6. Changes Requiring Parking: Off street parking and/or fees shall only be required for:
a. Existing Use: The amount a building is expanded above and beyond one hundred twenty five percent (125%) of the existing gross floor area;
b. Vacant Lot: Any new use(s);
c. Off Street Loading: The number of off street 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.
7. Mo District Fees In Lieu Of Parking Boundary: The boundary of the MO district fees in lieu of parking area is:
(Ord. 3350 §2, 2009)
17.07.935: DESIGN STANDARDS:
The city council shall adopt by resolution a list of mandatory design standards that must be met by all developments subject to the requirements of this article. Compliance with these design standards 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 chapter. (Ord. 3328 §7, 2008: Ord. 3192 §9, 2004)
17.07.940: DESIGN GUIDELINES:
A. Establishment Of Design Guidelines: The city council shall adopt by resolution a list of design guidelines that are applicable to all developments subject to the requirements of this article. 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 guideline 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 chapter.
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 requested departure meets the intent statements relating to applicable development standards and design guidelines.
2. The departure will not have a detrimental effect on nearby properties or the city as a whole.
3. 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.
4. The proposed departure is part of an overall, thoughtful and comprehensive approach to the design of the project as a whole.
5. The project must be consistent with the comprehensive plan and any applicable plan. (Ord. 3328 §8, 2008: Ord. 3192 §10, 2004)
17.07.945: APPEAL OF DECISION OF PLANNING DIRECTOR:
A. Timing Of Appeal: An appeal may be taken to the design review commission by an aggrieved party from a determination of the planning director made pursuant to subsection 17.07.920B, section 17.07.935 or 17.07.940 of this chapter. Such appeal must be filed as provided by subsection 17.09.125B of this title.
B. Setting Of Hearing: The design review commission shall hear the appeal within forty (40) days after filing. At least ten (10) days prior to the hearing date, written notice shall be given to the appellant and to any known adverse parties, or their representatives, of the time and place of the hearing on the appeal.
C. Design Review Commission Action: The design review commission shall hold a public hearing to consider the appeal. The commission shall consider the purpose and intent, as well as the language, of the pertinent provisions, and may affirm, modify or reverse the determination of the planning director. Notice of the decision of the commission shall be given to the appellant in writing within forty (40) days of the hearing. (Ord. 3674 §11, 2021: Ord. 3328 §9, 2008: Ord. 3192 §11, 2004)
17.07.1100: PURPOSE:
The purpose of this article is to preserve and protect the health, safety, and general welfare of persons and property in the city by regulating the development, operation, location, and licensing of mobile food courts. (Ord. 3552, 2016)
17.07.1110: DEFINITIONS:
COMMERCIAL ACTIVITY: Any commercial display, enterprise, promotion, exhibit, or other activity offering goods, wares, merchandise, or services for sale or rent.
CONCESSION: Any establishment which is mobile, nonpermanent, and/or temporary, and which vends products or services to the general public.
MOBILE FOOD CONCESSION: A service establishment offering food or beverages for sale for immediate consumption, prepared on or off site, and which is operated from a vehicle, mounted on a trailer that can be towed by a vehicle, or otherwise capable of being moved under its own power or without significant disassembly.
MOBILE FOOD COURT: A parcel of land where two (2) or more concessions selling food or beverage products congregate to engage in commercial activity.
MOBILE RETAIL CONCESSION: An establishment displaying, selling, vending, hawking, or renting goods, wares, merchandise, or services, other than food and beverages which is operated from a vehicle, mounted on a trailer that can be towed by a vehicle, or otherwise capable of being moved under its own power without significant disassembly, or propelled or otherwise moved by human power alone.
TRAILER: For purposes of this article, the term "trailer" shall have the meaning defined in Idaho Code section 49-121(6).
VEHICLE: For purposes of this article, the term "vehicle" shall have the meaning defined in Idaho Code section 49-123(2). (Ord. 3552, 2016)
17.07.1120: MOBILE FOOD COURT REVIEW CRITERIA:
A. The applicant must undergo a project review which identifies applicable requirements and considers at least the following:
1. Whether the design and planning for the parcel is compatible with the location, setting, and existing uses on adjacent properties;
2. Whether the design and planning of the parcel is compatible with this article and other applicable codes; and
3. Whether the location, design, and size of the mobile food court are such that the development will be adequately served by existing streets, public facilities, and services. (Ord. 3552, 2016)
17.07.1130: DEVELOPMENT STANDARDS:
A. A mobile food court may be located only in the C-17 as of right; and in the C-17L, LM, or M zones with a special use permit.
B. The maximum number of individual concessions allowed in a mobile food court will depend on the size of the parcel and applicable ordinances and codes, and will be determined at the time of the site plan approval.
C. Mobile retail concessions may also be located in a mobile food court.
D. No participating mobile food concession shall continue to operate in a mobile food court unless the required annual license fee has been paid.
E. All setback requirements in the underlying zoning district shall be maintained. No concession, structures associated with the mobile food court, nor any associated seating areas shall be located in a required zoning setback, buffer yard, access easement, drainage easement, floodplain, driveway, utility easement and/or fire lane(s).
F. There shall be three (3) parking spaces for each concession located in the mobile food court. This parking shall be in addition to the parking required for any other use of the parcel.
G. A single freestanding sign, in compliance with the sign code, is allowed for a mobile food court, in addition to signs for individual concessions as allowed by the sign code.
H. The applicant must provide for access to restrooms for staff and patrons within five hundred feet (500') of any concession on the parcel. The restrooms must be available any time any concession is in operation. Portable toilets shall not be permitted.
I. All activities will be conducted on private property owned or otherwise controlled by the applicant, and no sales or commercial activities are allowed within any public right of way.
J. The mobile food court shall comply with all conditions pertaining to existing variances, conditional use permits, or other approvals granted for the parcel.
K. All activities associated with the mobile food court must comply with the requirements of the city's wastewater utility, water department, engineering department, fire department, planning department, street department, and Panhandle health district, except as otherwise provided in this article. (Ord. 3552, 2016)
17.07.1140: SITE PLAN:
The detailed site plan required by this article shall demonstrate:
A. The location and orientation of each vendor space.
B. The location of any paving, parking spaces, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers, seating, restrooms, or any other site requirement of the applicable building code, wastewater regulations, and Panhandle health district.
C. The location and identification of all existing and proposed activities on site.
D. The proposed circulation lanes of all pedestrian and vehicle traffic on the site.
E. The location of any accessory buildings, commissaries, or warehouses provided for the use of the mobile food concessions and mobile retail concessions. (Ord. 3552, 2016)
17.07.1150: APPLICATION; LICENSE:
A. Every mobile food court must obtain a city license before any concession begins to operate on the parcel.
B. The applicant shall complete an application on a form provided by the city and file it with the city clerk. The application shall include, at a minimum:
1. The physical address of the proposed mobile food court;
2. If the applicant is an individual, the applicant shall supply his/her name, date of birth, telephone number and address; if a partnership, the business name of the partnership and the name, date of birth, telephone number, and address of each partner; if a corporation, the names, telephone numbers and addresses of its principal officers and the names, telephone numbers and addresses of all directors thereof. The applicant shall notify the city of any change in such information within five (5) business days;
3. If the mobile food court is to be managed by someone other than the applicant, the same information as required in subsection B2 of this section shall be provided for a responsible party with day to day authority over operations;
4. If the owner of the parcel is different from the applicant, the applicant shall provide the name, address, and contact information for the owner of the parcel on which the mobile food court will be located. The applicant must also provide written authority from the owner of the parcel for the establishment of a mobile food court. The applicant shall notify the city of any change in such information within five (5) business days; and
5. Proof of a Panhandle health district approved source of water shall be provided to the city.
C. An application shall be accompanied by a detailed site plan.
D. All mobile food courts shall be subject to an annual fire inspection. (Ord. 3552, 2016)
17.07.1160: FEES:
A. The fee for a mobile food court license shall be set by resolution of the city council.
B. The required fee shall be paid at the time the application is submitted and is nonrefundable.
C. An annual inspection fee, in an amount to be set by resolution of the city council, shall be assessed each January 1. (Ord. 3552, 2016)
17.07.1170: VIOLATIONS:
A. An applicant commits a violation of this article if he/she, or anyone under his/her supervision or control, knowingly and wilfully violates any provision of this article.
B. For a first offense, the applicant shall be subject to a civil penalty in an amount established by resolution of the city council.
C. For any subsequent offense, the applicant shall be subject to a misdemeanor, pursuant to section 1.28.010 of this code. (Ord. 3552, 2016)