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Columbia Falls City Zoning Code

Division 18.300

ESTABLISHMENT AND DEFINITIONS OF DISTRICTS

18.314.010 Intent

The purpose of this chapter is to establish districts wherein compatible uses of land may be grouped to create, protect, and maintain a livable environment; to stabilize and protect the uses contained within the districts; to allow a maximum degree of latitude within the districts, conduct profitable business, or contribute to the economy of the Columbia Falls area. It is also the purpose of this chapter to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use, providing for the health, safety, prosperity, and well-being of the total area.

18.314.020 Establishment Of Use Districts

For the purpose of applying these regulations to the zoning jurisdictional area of the city of Columbia Falls, said area is divided into the following use districts:

District
TitleMinimum Lot Size
CSAG-20
Agriculture
20 acres
CSAG-10
Suburban Agriculture
10 acres
CSAG-5
Suburban Agriculture
5 acres
CR-1
Suburban Residential
1 acres
CR-2
One-Family Limited Residential
20,000 sq. ft.
CR-3
One-Family Residential
9,600 sq. ft.
CR-4
Urban Residential
7,200 sq. ft.
CR-5
Two-Family Residential
5,400 sq. ft.
CRA-1
Residential Apartment
7,500 sq. ft.
CB-1
Neighborhood/Professional Business
5 acres, maximum
CB-2
General Business
not applicable
CB-4
Central Business
not applicable
CB-5
Resort Business
not applicable
CI-1
Light Industrial
not applicable
CI-2
Heavy Industrial
not applicable
CP-1Publicnot applicable
CPUD
Planned Unit Development
see Chapter 18.348
MHManufactured Home Overlay District
see Chapter 18.350
CBR-4Resort Business
see Chapter 18.352

18.315.010 Establishment Of Locations And Boundaries

The location and boundaries of the use districts are established as they are shown on the map entitled "The Columbia Falls Jurisdictional Area Official Zoning Map," which shall become effective with and as an inseparable part of this title as of the date of adoption by the city council of the city. This title is invalid without said map and, conversely, the map is deemed to be invalid without this title.

18.315.020 Determination Of Boundaries

Where uncertainty exists as to the boundaries of any of the aforesaid districts on said map, the following rules shall apply. Where more than one of the rules are applicable in any given situation, the first enumerated rule shall prevail:

  1. Where a district boundary line is shown by a specific dimension, such specific dimension shall control.
  2. Where a district boundary line is located within or along a street, alley, right-of-way, or waterway, the district boundary line shall be deemed to be the center of such street, alley, right-of-way, or waterway, or extension therefrom.
  3. Where a district boundary line is shown as approximately following platted lot lines, the district boundary line shall be deemed to coincide with such platted lot lines.
  4. If none of the above rules is found to be sufficient to resolve the question, the zoning administrator:
    1. Shall, using a scaled rule, measure a line drawn on the map, take note of the dimensions and record such dimensions on the map, thus establishing for future reference the location of said boundary in a manner to be consistent; or
    2. May make a decision, based on his knowledge and understanding of this title, specifically determining the location of the boundary in question. Any such decision becomes fixed unless amended by the city council, and a reference shall be entered on the map showing the date such decision was made. The zoning administrator shall keep on permanent file any such decision which may be altered or amended by the city council.

18.315.030 Boundaries-Consideration

District boundaries shall, except for unique conditions or circumstances, take into consideration property boundaries platted and every effort shall be made to not divide a platted lot, parcel, or tract of land into two or more use districts.

18.316.010 Jurisdiction

Within the various use districts, as defined in Chapter 18.314, and as indicated on the official zoning map of the planning area or parts thereof, no land, building, or structure shall be used and no building or structure shall be erected, reconstructed, or structurally altered for any purpose except as allowed in the district in which the building, land, or use is located. Permitted uses in the various districts are located in Chapters 18.317 through 18.352. No land, building, or structure which is intended to be, in whole or in part, a conditional use shall be erected or used without specific approval of the city council. The procedures outlined in Chapter 18.310 shall be used by the planning board and the city council as a guide in granting or denying approval of a conditional use. Any variance from the dimensional regulations shall require prior, specific approval of the board of adjustment as outlined in Chapter 18.309.

In the interpretation of Chapter 18.317 through Chapter 18.352, where a use is not specifically listed, its status shall, upon application, be determined by the planning board by reference to that listed use, if any, which is so like the requested use in purpose, function, character, and affect as to be substantially similar to the listed use.

18.316.020 Multiple Commercial Uses

Except as otherwise specified in these regulations, only one primary use shall be allowed per tract of record in the following zones: CSAG-10, CSAG-5, CR-1, CR-2, CR-3, CR-4, CR-5, and CRA-1. Multiple uses may be allowed on single lots in other zoning districts provided they meet the bulk, dimensional, and parking requirements of the underlying zoning classification.

18.316.030 Structural Height Standards-Exemptions

The following types of structures or structural parts are not subject to the building height limitations of this chapter: church spires, steeples and belfries; they will in no case exceed sixty-five (65) feet from the ground with one (1) foot of setback for each foot of height measured from the nearest property line. Amateur radio tower shall not exceed 100-feet above the ground.

18.316.040 Permitted Encroachment Into Yards

In residential zones, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, steps, bay windows and other similar architectural features may encroach into a required setback not more than one-third (1/3) of the distance of the required setback not to exceed two feet.

In residential zones, open porches, open landings, open decks or open balconies may be allowed to extend into the front or rear yard, one-third (1/3) of the distance of the required setback if less than thirty (30) inches in height above the lowest point of the immediate adjacent ground elevation.

18.317.010 Definition

A district to protect and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment; including, but not limited to, residential development.

18.317.020 Permitted Uses

The permitted uses within the CSAG-20 district are as follows:

  1. Accessory building or use;
  2. Agricultural/horticultural uses including orchards, nurseries, and the grazing, breeding, or raising of livestock on a commercial scale;
  3. Class A manufactured homes;
  4. Dairy farm;
  5. Dairy products processing, bottling, and distribution;
  6. Dwelling, single-family;
  7. Guest house;
  8. Fish hatcheries;
  9. Home Occupations (See Special Provisions);
  10. Livestock;
  11. Nursery, landscape materials;
  12. Parks;
  13. Produce stands;
  14. Public transportation shelter stations;
  15. Public utility service installations;
  16. Riding academy, rodeo arena;
  17. Stables, Public and private.

18.317.030 Conditional Uses

The conditional uses within the CSAG-20 district are as follows:

  1. Animal hospital, veterinary clinic;
  2. Bed and Breakfast Establishments;
  3. Cemetery, mausoleum, columbarium, crematory;
  4. Church and other places of workship;
  5. Communication tower or mast;
  6. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  7. Electrical distribution station;
  8. Extractive industries;
  9. Family hardship dwelling;
  10. Feed and seed processing and cleaning;
  11. Feed lots: cattle, swine, poultry;
  12. Kennels, commercial;
  13. Landfills, sanitary for disposal of garbage and trash;
  14. Microwave relay station;
  15. Orphanage and charitable institutions;
  16. Radio and television broadcasting stations and masts;
  17. Retirement home;
  18. Schools, public or private elementary, junior high, and senior high;
  19. Temporary buildings or structures;
  20. Water treatment plants;
  21. Water storage facilities;
  22. Vacation Rental.

18.317.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CSAG-20 district are as follows:

  1. Minimum lot area: twenty (20) acres;
  2. Minimum lot width: NA;
  3. Minimum yard requirements:
    1. Front: thirty (30) feet;
    2. Side: twenty (20) feet;
    3. Side corner: thirty (30) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: NA;
  5. Permitted lot coverage: twenty (20) percent;
  6. Maximum fence height: NA;
  7. Off-street parking: See Chapter Parking and Loading 18.500.

18.318.010 Definition

A district to protect and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging concentration of such uses in areas where potential conflict of uses will be minimized.

18.318.020 Permitted Uses

The permitted uses in the CSAG-10 district are as follows:

  1. Accessory building or use;
  2. Agricultural/horticultural uses including orchards, nurseries, and the grazing, breeding, or raising of livestock on a commercial scale;
  3. Class A manufactured homes;
  4. Dairy farm;
  5. Dairy products processing, bottling, and distribution;
  6. Dwelling, single-family;
  7. Guest house;
  8. Home Occupations (see Special Provisions);
  9. Marijuana Cultivation;
  10. Nursery, landscaping materials;
  11. Parks;
  12. Produce stands;
  13. Public transportation shelter stations;
  14. Public utility service installations;
  15. Riding academy, rodeo arena;
  16. Stables, public and private.
HISTORY
Amended by Ord. 812 on 11/1/2021

18.318.030 Conditional Uses

The conditional uses allowed in the CSAG-10 district are as follows:

  1. Animal hospital;
  2. Bed and breakfast establishments;
  3. Cemeteries, mausoleums, columbariums, crematories;
  4. Churches and other places of worship;
  5. Electrical distribution station;
  6. Extractive industries;
  7. Family hardship dwelling;
  8. Golf course;
  9. Kennels, commercial;
  10. Orphanage and charitable institutions;
  11. Retirement home;
  12. Schools, public or private elementary, junior high, and senior high;
  13. Swimming pools and beaches, public or semiprivate;
  14. Temporary buildings or structures;
  15. Water treatment plants;
  16. Water storage facilities;
  17. Vacation Rental.

18.318.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CSAG-10 district are as follows:

  1. Minimum lot area: ten (10) acres;
  2. Minimum lot width: NA;
  3. Minimum yard requirements;
    1. Front: thirty (30) feet;
    2. Side: twenty (20) feet each;
    3. Side corner: thirty (30) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: NA;
  5. Permitted lot coverage: twenty (20) percent;
  6. Maximum fence height: NA;
  7. Off-street parking: See Chapter Parking and Loading 18.500.

18.320.010 Definition

A district to provide and preserve smaller agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate-type residential development.

18.320.020 Permitted Uses

The permitted uses in the CSAG-5 district are as follows:

  1. Agricultural/horticultural/silvicultural uses;
  2. Class A manufactured homes;
  3. Day care homes;
  4. Dwellings, single family;
  5. Guest house;
  6. Home occupations (See Special Provisions);
  7. Livestock;
  8. Nursery, landscaping materials;
  9. Parks and publicly owned recreational facilities;
  10. Produce stands;
  11. Public transportation shelter stations;
  12. Public utility service installations;
  13. Stable, private.

18.320.030 Conditional Uses

The conditional uses in the CSAG-5 district are as follows:

  1. Animal hospitals, veterinary clinics;
  2. Bed and breakfast establishments;
  3. Cemeteries, mausoleums, columbariums, crematoriums;
  4. Churches and other places of worship;
  5. Community center buildings, gymnasiums, swimming pools, beaches and other similar activities operated by a public agency, neighborhood or homeowners association;
  6. Community residential facilities;
  7. Dwellings, cluster development;
  8. Dwellings, family hardship;
  9. Electrical distribution stations;
  10. Extractive industries;
  11. Golf courses;
  12. Golf driving ranges;
  13. Kennels, commercial;
  14. Recreational facilities;
  15. Retirement homes;
  16. Riding academy, rodeo arena;
  17. Schools, primary and secondary;
  18. Temporary buildings or structures;
  19. Water and sewage treatment plants;
  20. Water storage facilities;
  21. Vacation Rental.

18.320.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements in the CSAG-5 district are as follows:

  1. Minimum lot area: five (5) acres;
  2. Minimum lot width: No parcel or lot width shall be less than one-third its average length, unless the average lot width is 300 feet or greater;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet,
    2. Side: twenty (20) feet each,
    3. Side corner: twenty (20) feet,
    4. Rear: twenty (20) feet;
  4. Maximum height: thirty-five (35) feet;
  5. Permitted lot coverage (residential uses): twenty-five (25) percent;
  6. Maximum fence height (residential uses):
    1. Front: four (4) feet,
    2. Side: six (6) feet,
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapter Parking and Loading 18.500.

18.322.010 Definition

A district to provide estate-type development. These areas would normally be located in rural areas away from concentrated urban development, or in areas where it is desirable to permit only low-density development (e.g. extreme topography, areas adjacent to floodplains, airport runway alignment extension).

18.322.020 Permitted Uses

The permitted uses in the CR-1 district are as follows:

  1. Accessory building or use;
  2. Agricultural/horticultural uses including orchards, nurseries, and the grazing, breeding, or raising of livestock on a commercial scale;
  3. Automobile parking in conjunction with permitted uses;
  4. Day care home;
  5. Dwelling, single family;
  6. Guest house;
  7. Parks;
  8. Produce stands;
  9. Public transportation shelter stations;
  10. Public utility service installations.

18.322.030 Conditional Uses

The conditional uses in the CR-1 district are as follows:

  1. Boat marinas and sale of boating supplies and fuel;
  2. Cemeteries, mausoleums, columbariums, crematories;
  3. Churches and other places of worship;
  4. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  5. Day care centers (see Special Provisions);
  6. Dwelling, cluster development;
  7. Electrical distribution station;
  8. Extractive industries;
  9. Family hardship dwelling;
  10. Golf courses;
  11. Golf driving range and putting course;
  12. Home occupations (see Special Provisions);
  13. Orphanage and charitable institutions;
  14. Radio and television broadcasting stations and masts;
  15. Retirement home;
  16. Schools, public or private elementary, junior high, and senior high;
  17. Swimming pools and beaches, public or semiprivate;
  18. Temporary buildings or structures;
  19. Water treatment plants;
  20. Water storage facilities.
  21. Vacation Rental;
  22. Accessory Apartment (See Chapter 18.411).

18.322.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CR-1 district are as follows:

  1. Minimum lot area: one (1) acre;
  2. Minimum lot width: one hundred fifty (150) feet;
  3. Minimum yard requirements:
    1. Front: thirty (30) feet;
    2. Side: twenty (20) feet each;
    3. Side corner: thirty (30) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: thirty-five (35) feet; licensed amateur radio operators antennae-one hundred (100) feet;
  5. Permitted lot coverage: thirty (30) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.324.010 Definition

A residential district to provide for large-tract development. These areas will be found in suburban areas, beyond sanitary sewer and/or water lines.

18.324.020 Permitted Uses

The permitted uses in the CR-2 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with permitted uses;
  3. Day care home;
  4. Dwelling, single family;
  5. Guest house;
  6. Parks;
  7. Public transportation shelter stations;
  8. Public utility service installations.

18.324.030 Conditional Uses

The conditional uses in the CR-2 district are as follows:

  1. Boat marinas and sale of boating supplies and fuel;
  2. Cemeteries, mausoleums, columbariums, crematories;
  3. Churches and other places of worship;
  4. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  5. Day care centers (see Special Provisions);
  6. Dwelling, cluster development;
  7. Electrical distribution station;
  8. Family hardship dwelling;
  9. Golf courses;
  10. Home occupations (see Special Provisions);
  11. Orphanage and charitable institutions;
  12. Retirement home;
  13. Schools, public or private elementary, junior high, and senior high;
  14. Swimming pools and beaches, public or semiprivate;
  15. Temporary buildings or structures;
  16. Water treatment plants;
  17. Water storage facilities.
  18. Vacation Rental;
  19. Accessory Apartment (See Chapter 18.411).

18.324.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements of the CR-2 district are as follows:

  1. Minimum lot area: twenty thousand (20,000) square feet;
  2. Minimum lot width: one hundred (100) feet;
  3. Minimum yard requirements:
  4. Front: twenty-five (25) feet;
  5. Side: fifteen (15) feet each;
  6. Side corner: fifteen (15) feet;
  7. Rear: twenty (20) feet;
  8. Maximum height: thirty-five (35) feet; licensed amateur radio operators antennae-one hundred (100) feet;
  9. Permitted lot coverage: thirty (30) percent;
  10. Maximum fence height:
  11. Front: four (4) feet;
  12. Side: six (6) feet;
  13. Rear: six (6) feet;
  14. Off-street parking: See Chapters Parking and Loading 18.500.

18.326.010 Definition

A district to provide adequate lot size for urban residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e. schools, parks, shopping areas. This district will normally require all public utilities.

18.326.020 Permitted Uses

The permitted uses in the CR-3 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with permitted uses;
  3. Day care home;
  4. Dwelling, single family;
  5. Parks;
  6. Public transportation shelter stations;
  7. Public utility service installations.

18.326.030 Conditional Uses

The conditional uses in the CR-3 district are as follows:

  1. Boat marinas and sale of boating supplies and fuel;
  2. Churches and other places of worship;
  3. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  4. Day care centers (see Special Provisions);
  5. Dwelling, cluster development;
  6. Electrical distribution station;
  7. Family hardship dwelling;
  8. Golf courses;
  9. Home occupations (see Special Provisions);
  10. Orphanage and charitable institutions;
  11. Retirement home;
  12. Schools, public or private elementary, junior high, and senior high;
  13. Swimming pools and beaches, public or semiprivate;
  14. Temporary buildings or structures;
  15. Water storage facilities.
  16. Vacation Rental;
  17. Accessory Apartment (See Chapter 18.411).

18.326.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CR-3 district are as follows:

  1. Minimum lot area: nine thousand six hundred (9,600) square feet;
  2. Minimum lot width: eighty (80) feet;
  3. Minimum yard requirements:
    1. Front: twenty-five (25) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: thirty-five (35) feet; licensed amateur radio operators antennae-one hundred (100) feet;
  5. Permitted lot coverage: thirty (30) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.328.010 Definition

A residential district to provide lot areas for urban development. Development in this district must be served by all public utilities.

18.328.020 Permitted Uses

The permitted uses in the CR-4 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with permitted uses;
  3. Day care home;
  4. Dwelling, single family;
  5. Parks;
  6. Public transportation shelter stations;
  7. Public utility service installations.

18.328.030 Conditional Uses

The conditional uses in the CR-4 district are as follows:

  1. Bed and breakfast establishment (see Special Provisions);
  2. Boat marinas and sale of boating supplies and fuel;
  3. Churches and other places of worship;
  4. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  5. Day care center (see Special Provisions);
  6. Dwelling, cluster development;
  7. Electrical distribution station;
  8. Golf courses;
  9. Home occupations (see Special Provisions);
  10. Orphanage and charitable institutions;
  11. Retirement home;
  12. Schools, public or private elementary, junior high, and senior high;
  13. Swimming pools and beaches, public or semiprivate;
  14. Temporary buildings or structures;
  15. Water storage facilities.
  16. Vacation Rental;
  17. Accessory Apartment (See Chapter 18.411).

18.328.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CR-4 district are as follows:

  1. Minimum lot area: seven thousand two hundred (7,200) square feet;
  2. Minimum lot width: sixty (60) feet;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: thirty-five (35) feet; licensed amateur radio operators antennae-one hundred (100) feet;
  5. Permitted lot coverage: thirty-five (35) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.50

18.330.010 Definition

A residential district with minimum lot areas. Development within the district will require all public utilities, and all community facilities. Two-family dwellings are allowed in this district.

18.330.020 Permitted Uses

The permitted uses in the CR-5 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with permitted uses;
  3. Day care home;
  4. Dwelling, single family;
  5. Dwelling, two family;
  6. Parks;
  7. Public transportation shelter stations;
  8. Public utility service installations.

18.330.030 Conditional Uses.

The conditional uses for the CR-5 district are as follows:

  1. Bed and breakfast establishment (see Special Provisions);
  2. Boat marinas and sale of boating supplies and fuel;
  3. Churches and other places of worship;
  4. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  5. Day care center (see Special Provisions);
  6. Dwelling, cluster development;
  7. Electrical distribution station;
  8. Golf courses;
  9. Home occupations (see Special Provisions);
  10. Mobile home parks;
  11. Orphanage and charitable institutions;
  12. Retirement home;
  13. Schools, public or private elementary, junior high, and senior high;
  14. Swimming pools and beaches, public or semiprivate;
  15. Temporary buildings or structures;
  16. Water storage facilities;
  17. Vacation Rental.

18.330.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CR-5 district are as follows:

  1. Minimum lot area: five thousand four hundred (5,400) square feet;
  2. Minimum lot width: forty-five (45) feet;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: thirty-five (35) feet; licensed amateur radio operators antenna-one hundred (100) feet;
  5. Permitted lot coverage: forty (40) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.332.010 Definition

A district to provide areas for multi-family use and for nonresidential uses which support or are compatible with the primarily residential character. This district is intended as a buffer between residential districts and other denser, noncompatible districts. This district is intended to apply throughout the planning area.

18.332.020 Permitted Uses

The permitted uses in the CRA-1 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with permitted uses;
  3. Clinics, medical and dental;
  4. Convalescent, nursing, and foster homes for the care of children and the aged;
  5. Day care home;
  6. Dwelling, single-family;
  7. Dwelling, two-family;
  8. Lodges, fraternal and social organizations provided that any such establishment shall not be conducted primarily for gain;
  9. Parks;
  10. Pharmacy, operated within a clinic or physicians office and selling only drugs, prescription medicine, medical supplies and appliances, and pharmaceutical products; and provided that no more than fifty (50) percent of the ground floor of the building shall be used for such purpose;
  11. Public transportation shelter stations;
  12. Public utility service installations;

18.332.030 Conditional Uses

The conditional uses in the CRA-1 district are as follows:

  1. Bed and breakfast establishment (see Special Provisions);
  2. Boat marinas and sale of boating supplies and fuel;
  3. Churches and other places of worship;
  4. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  5. Day care center (see Special Provisions);
  6. Dwelling, multi-family;
  7. Electrical distribution station;
  8. Fraternity or sorority houses;
  9. Golf courses;
  10. Home occupations (see Special Provisions);
  11. Hospitals;
  12. Hotels;
  13. Mobile home parks;
  14. Orphanage and charitable institutions;
  15. Retirement home;
  16. Schools, public or private elementary, junior high, and senior high;
  17. Sublots (Chapter Special Provisions);
  18. Swimming pools and beaches, public or semiprivate;
  19. Temporary buildings or structures;
  20. Undertaking establishments;
  21. Water storage facilities.
  22. Vacation Rental.

18.332.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements of the CRA-1 district are as follows:

  1. Minimum lot area: seven thousand five hundred (7,500) square feet;
  2. Minimum lot width: seventy (70) feet;
  3. Minimum yard requirements:
    1. Front: fifteen (15) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: fifteen (15) feet;
  4. Maximum height: thirty-five (35) feet; licensed amateur radio operators antennae-one hundred (100) feet;
  5. Permitted lot coverage: forty-five (45) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet.
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.334.010 Definition

A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts and primarily serve the daily needs of the surrounding population. The district is not intended for those businesses that require the outdoor display, sale, and/or storage of merchandise, outdoor services or operations, or outdoor consumption of food and beverages. It is also not intended for buildings larger than 3,000 square feet.

18.334.020 Permitted Uses

The permitted uses in the CB-1 district are as follows:

  1. Accessory building or use;
  2. Accountants, financial brokers;
  3. Automobile parking in conjunction with approved uses;
  4. Automobile service station;
  5. Car washing and waxing, enclosed;
  6. Clinics, medical and dental;
  7. Day care centers;
  8. Drug stores;
  9. Food stores, retail only and less than three thousand square feet of floor area;
  10. Lawyers, attorneys;
  11. Parks;
  12. Pharmacy, operated within a clinic or physicians office and selling only drugs, prescription medicine, medical supplies and appliances, and pharmaceutical products; provided that no more than fifty percent of the ground floor of the building shall be used for this purpose;
  13. Public transportation shelter stations;
  14. Public utility service installations.

18.334.030 Conditional Uses

The conditional uses in the CB-1 district are as follows:

  1. Electrical distribution station;
  2. Temporary buildings or structures;
  3. Water storage facilities.
  4. Fence within twenty (20) feet of front property line;
  5. Fence within fifteen (15) feet of side corner property line.

18.334.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements of the CB-1 district are as follows:

  1. Maximum lot area: five acres;
  2. Minimum lot width: NA;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: fifteen (15) feet;
  4. Maximum height: thirty-five (35) feet;
  5. Permitted lot coverage: NA;
  6. Maximum fence height:
    1. Front: see Special Provisions;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
    4. Side-corner: see Special Provisions.
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.336.010 Definition

A business district to provide for a wide range of commercial activities including offices, retail sales and services, shopping malls, and businesses that serve the needs of the traveling public and tourists.

18.336.020 Permitted Uses

  1. Accessory building or use;
  2. Assembly halls, coliseums, stadiums;
  3. Automobile sales (new and used) and accessory sales;
  4. Automobile parking, commercial enterprise;
  5. Automobile parking, in conjunction with permitted uses;
  6. Automobile service station;
  7. Banks and other financial institutions;
  8. Boat sales, new and used;
  9. Car wash, automatic coin-operated;
  10. Car washing and waxing, enclosed;
  11. Clinic, medical and dental;
  12. Clubs and other places of entertainment operated as commercial enterprises;
  13. Colleges, business schools, trade schools, music conservatories, dance schools; provided that no students reside on campus;
  14. Commercial recreation area;
  15. Drug stores;
  16. Dwelling, single-family;
  17. Food stores, supermarkets, delicatessens;
  18. Hotel, motel;
  19. Laundromat, self-service coin-operated;
  20. Laundry pick-up station;
  21. Libraries, museums, and art galleries;
  22. Lodges, fraternal and social organizations provided that any such establishment shall not be conducted primarily for gain;
  23. Lumber yards, building materials; storage and sales;
  24. Marijuana dispensary within a Marijuana Business Overlay;
  25. Nursery, landscaping materials;
  26. Office; professional, public and private;
  27. Parks;
  28. Pet shops, bird stores, taxidermists;
  29. Pharmacy;
  30. Public transportation shelter stations;
  31. Public utility service installations;
  32. Quasi-public buildings, nonprofit;
  33. Recreational vehicle park;
  34. Restaurants, except drive-ins;
  35. Retail sales and service;
  36. Shopping malls;
  37. Storage, within the building, of goods intended for retail sales on premises;
  38. Taverns;
  39. Taxi stands;
  40. Theaters, housed in permanent indoor structures;
  41. Micro-Brewery, Brew Pub and Mini Brewery;
  42. Vacation Rental.
HISTORY
Amended by Ord. 812 on 11/1/2021

18.336.030 Conditional Uses

  1. Accessory residential apartment within the same building as the permitted principal use;
  2. Animal hospital;
  3. Automobile repair shops;
  4. Casino;
  5. Churches and other places of worship;
  6. Convention hall facilities;
  7. Drive-in restaurants;
  8. Drive-in theaters;
  9. Electrical distribution station;
  10. Golf driving range and putting course;
  11. Large buildings;
  12. Radio and television broadcasting stations and masts;
  13. Storage warehouses and yards for domestic purposes, including mini-storage;
  14. Temporary buildings or structures;
  15. Undertaking establishments;
  16. Water storage facilities;
  17. Watchman/caretakers facility (see Special Provisions);
  18. Fence within twenty (20) feet of front property line;
  19. Fence within fifteen (15) feet of side corner property line.

18.336.040 Bulk And Dimensional Requirements

  1. Minimum lot area: Not applicable.
  2. Minimum lot width: Not applicable.
  3. Minimum yard requirements: zero (0) feet.
  4. Minimum yard requirements: (When abutting a residential district)
    1. Front: Fifteen (15) feet.
    2. Side: Five (5) feet each.
    3. Rear: Fifteen (15) feet.
  5. Maximum height: Forty-five (45) feet.
  6. Permitted lot coverage: Not applicable.
  7. Maximum fence height:
    1. Front: see Special Provisions.
    2. Side: Six (6) feet.
    3. Rear: Six (6) feet.
    4. Side-corner: see Special Provisions.
  8. Off-street parking: See Chapters Parking and Loading 18.500.

18.336.050 Special Provisions

All light manufacturing/assembly uses found in the CB-2 and CB-4 zoning classifications meeting the criteria found in Chapter 18.430 shall apply for an administrative conditional use permit. The zoning administrator shall review each business for conformance with the light manufacturing/assembly criteria. Once granted, the administrative conditional use permit shall run with the property as long as the scope of the business does not violate any of the criteria below. Should a proposed business not meet criteria in items a, d or e of Chapter 18.430, the applicant may apply for a conditional use permit in Chapter 18.210 which requires review by the Planning Board and the City Council.

18.337.010 Definition

A business district to provide certain limited commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and the Highway primarily serving the tourist/visitor needs but also providing services for the local population. The district is not intended for those businesses that require the outdoor display, sale, and/or storage of merchandise, and outdoor services or operations. It is also not intended for buildings larger than 4,000 square feet.

18.337.020 Permitted Uses

The permitted uses in the CB-3 district are as follows:

  1. Accessory building or use;
  2. Automobile parking in conjunction with approved uses;
  3. Day care centers;
  4. Dwellings, single family;
  5. Food stores, retail only, less than 3,000 square feet of floor area;
  6. Office; Professional, public and private, less than 4,000 square feet of floor area;
  7. Parks;
  8. Public transportation shelter stations;
  9. Public utility service installations.
  10. Retail sales and service, less than 3,000 square feet of floor area.

18.337.030 Conditional Uses

The conditional uses in the CB-3 district are as follows:

  1. Electrical distribution station;
  2. Temporary buildings or structures;
  3. Water storage facilities.
  4. Fence within twenty (20) feet of front property line;
  5. Fence within fifteen (15) feet of side corner property line.
  6. Home Occupation (See Special Provisions).
  7. Micro-Brewery, Brew Pub and Mini Brewery less than 4,000 square feet.
  8. Restaurants less than 3,000 square feet of floor area.
  9. Retail sales and service less than 4,000 square feet of floor area.

18.337.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements of the CB-3 district are as follows:

  1. Maximum lot area: three acres;
  2. Minimum district width: 80-feet;
  3. Minimum Lot Size: 9,600 square feet;
  4. Minimum yard requirements:
    1. Front: twenty (20 feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: fifteen (20) feet;
  5. Maximum height: thirty-five (35) feet;
  6. Permitted lot coverage: 30%;
  7. Maximum fence height:
    1. Front: see Special Provisions;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
    4. Side-corner: see Special Provisions.
  8. Off-street parking: See Chapters Parking and Loading 18.500.

18.338.010 Definition

A business district to set apart that portion of the city which forms the center for financial, commercial, governmental, professional, and cultural activities. Suitability of this district for the performance of these functions should be maintained and uses likely to create friction should be discouraged. This district is not intended for general application throughout the planning area.

18.338.020 Permitted Uses

The permitted uses in the CB-4 district are as follows:

  1. Accessory building or use (see Special Provisions);
  2. Assembly Halls
  3. Clinic, medical and dental;
  4. Clubs and other places of entertainment operated as commercial enterprise;
  5. Colleges, business and trade schools;
  6. Day care center;
  7. Drug stores;
  8. Dwelling(s), above first story;
  9. Food stores, supermarkets, delicatessens;
  10. Hotel;
  11. Laundromat, laundry;
  12. Libraries, museums, art galleries;
  13. Financial institutions and professional services;
  14. Light manufacturing/assembly (see Special Provisions);
  15. Professional offices;
  16. Private and commercial recreational facilities;
  17. Public utility buildings and service facilities, excluding repair and storage;
  18. Publicly owned and operated buildings, uses, or recreational facilities including parks and playgrounds;
  19. Restaurants, excluding drive-ins;
  20. Retail sales and service;
  21. Taverns;
  22. Theaters, housed in permanent indoor structures;
  23. Micro-Brewery, Brew Pub and Mini Brewery;
  24. Vacation Rental.

18.338.030 Conditional Uses

The conditional uses in the CB-4 district are as follows:

  1. Convention hall facilities;
  2. Casino;
  3. Pet Grooming and Pet Therapy/Rehabilitation;
  4. Electrical distribution station;
  5. Large buildings;
  6. Radio and television broadcasting stations and masts;
  7. Temporary buildings or structures;
  8. Water storage facilities.
  9. Fence within twenty (20) feet of front property line;
  10. Fence within fifteen (15) feet of side corner property line.

18.338.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements of the CB-4 district are as follows:

  1. Minimum lot area: NA;
  2. Minimum lot width: NA;
  3. Minimum yard requirements: zero (0) feet.
  4. Minimum yard requirements: (When abutting a residential district.)
    1. Front: zero (0) feet;
    2. Side: five (5) feet each;
    3. Rear: fifteen (15) feet;
  5. Maximum height: thirty five (35) feet;
  6. Permitted lot coverage: NA;
  7. Maximum fence height:
    1. Front: see Special Provisions;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
    4. Side-corner: see Special Provisions.
  8. Off-street parking: See 18.500.

18.338.050 Special Provisions

All light manufacturing/assembly uses found in the CB-2 and CB-4 zoning classifications meeting the criteria found in Chapter 18.430 shall apply for an administrative conditional use permit. The zoning administrator shall review each business for conformance with the light manufacturing/assembly criteria. Once granted, the administrative conditional use permit shall run with the property as long as the scope of the business does not violate any of the criteria below. Should a proposed business not meet criteria in items a, d or e of Chapter 18.430, the applicant may apply for a conditional use permit in Chapter 18.210 which requires review by the Planning Board and the City Council.

18.340.010 Definition

A district to provide high-density hotel, motel, multi-family, and limited retail and commercial service facilities where such uses are desirable for resort development and where public facilities are available. This district is not intended for general application but should be limited to tourist destination centers.

18.340.020 Permitted Uses

The permitted uses in the CB-5 district are as follows:

  1. Accessory building or use;
  2. Bed and breakfast establishments;
  3. Commercial and retail facilities in an established resort complex that meet the following conditions:
    1. The total floor area devoted to such uses does not exceed twenty percent of the total floor area of the main building situated on the lot;
    2. No such use shall have an outside entrance for general use and shall be within the main building. No individual shop shall exceed five hundred square feet of floor space;
    3. No exterior signs;
  4. The commercial or retail facilities listed below or of a similar nature:
    1. Art galleries,
    2. Baked goods shops,
    3. Barber and beautician shops,
    4. Candy shops,
    5. Florist shops,
    6. Game rooms,
    7. Garment shops,
    8. Gift, curio and hobby shops,
    9. Health studios,
    10. Ice cream shops,
    11. Laundry and cleaning pickup stations,
    12. Sporting goods shops,
    13. Travel agencies;
    14. Dwellings, single family or two family;
    15. Hotels, motels;
    16. Restaurants and coffee shops operated in conjunction with and ancillary to established lodging facilities; including the sale of alcoholic beverages;
    17. Sublots;
  5. Vacation Rental.

18.340.030 Conditional Uses

The conditional uses in the CB-5 district are as follows:

  1. Churches and other places of worship;
  2. Clubs, taverns;
  3. Colleges, business and trade schools;
  4. Day care centers (see Special Provisions);
  5. Dwellings, cluster;
  6. Dwellings, multi-family;
  7. Outdoor recreation facilities;
  8. Professional offices;
  9. Recreational vehicle parks and campgrounds (two acre minimum size);
  10. Schools, public and private.

18.340.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CB-5 district are as follows:

  1. Minimum district size: five (5) acres;
  2. Minimum lot area: NA;
  3. Minimum lot width: NA;
  4. Minimum yard requirements:
    1. Front: fifteen (15) feet;
    2. Side: five (5) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: ten (10) feet;
  5. Maximum height: thirty-five (35) feet;
  6. Permitted lot coverage: forty (40) percent;
  7. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  8. Off-street Parking.

18.342.010 Definition

An industrial district to provide areas for light industrial uses that typically do not create objectionable by-products (such as dirt, noise, glare, heat, odors, smoke, etc.) which extend beyond the lot lines. It is also intended that the encroachment of non-industrial uses within the district be prevented.

18.342.020 Permitted Uses

The permitted uses in the CI-1 district are as follows:

  1. Accessory building or use;
  2. Automobile and boat sales and service;
  3. Automobile service station;
  4. Building supply outlets;
  5. Contractors yards;
  6. Heavy equipment sales, rental, and service;
  7. Manufacturing, fabricating, processing, repairing, packing, or storage facilities provided that such uses do not produce objectionable by-products (dirt, noise, glare, heat, odors, smoke, etc.) beyond the lot lines and that the uses do not involve materials that are explosive, hazardous, or toxic;
  8. Marijuana Cultivation and Manufacturing; 
  9. Nurseries and landscape materials, wholesale and retail;
  10. Parcel delivery services;
  11. Parks;
  12. Research laboratories and institutions;
  13. Tire sales, recapping and retreading.
HISTORY
Amended by Ord. 812 on 11/1/2021

18.342.030 Conditional Uses

The conditional uses in the CI-1 district are as follows:

  1. Auction yards, livestock;
  2. Automobile wrecking yard, junk yard, salvage yard;
  3. Outdoor recreation facilities;
  4. Sewage treatment plant;
  5. Class III Landfills;
  6. Watchman/caretakers facility (see Special Provisions).

18.342.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CI-1 district are as follows:

  1. Minimum lot area: NA;
  2. Minimum lot width: NA;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet;
    2. Side: ten (10) feet each;
    3. Side corner: fifteen (15) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: forty (40) feet; (Radio and TV towers-five hundred (500) feet);
  5. Permitted lot coverage: NA;
  6. Maximum fence height:
    1. Front: zero (0) feet;
    2. Side: ten (10) feet;
    3. Rear: ten (10) feet;
  7. Off-street parking.

18.342.050 Special Provisions

When abutting a residential or commercial district a buffer shall be installed along the shared property line or right-of-way in compliance with Section 18.427.

18.344.010 Definition

An industrial district to provide for uses to accommodate heavy manufacturing, processing, fabrication, and assembly of parts or material. It is also intended that the encroachment of non-industrial uses within the district be prevented.

18.344.020 Permitted Uses

The permitted uses in the CI-2 district are as follows:

  1. Accessory building or use;
  2. Contractors yards;
  3. Manufacturing, fabricating, processing, repairing, packing, or storage facilities;
  4. Marijuana Cultivation and Manufacturing; 
  5. Parcel delivery services;
  6. Parks;
  7. Petroleum products, wholesale and retail;
  8. Railroad yards.
HISTORY
Amended by Ord. 812 on 11/1/2021

18.344.030 Conditional Uses

The conditional uses in the CI-2 district are as follows:

  1. Automobile wrecking yards, junk yards, salvage yards;
  2. Cryptocurrency facilities, data centers, server farms, server centers;
  3. Outdoor recreational facilities;
  4. Sewage treatment plant;
  5. Watchman/caretakers facility (see Special Provisions).

18.344.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CI-2 district are as follows:

  1. Minimum lot area: NA;
  2. Minimum lot width: NA;
  3. Minimum yard requirements:
    1. Front: forty (40) feet;
    2. Side: twenty feet (20) each;
    3. Side corner: twenty (20) feet;
    4. Rear: forty (40) feet;
  4. Maximum height: sixty (60) feet; (Radio and television towers-five hundred feet);
  5. Permitted lot coverage: NA;
  6. Maximum fence height:
    1. Front: ten (10) feet;
    2. Side: ten (10) feet;
    3. Rear: ten (10) feet;
  7. Off-street parking: See Chapter Parking and Loading 18.500.

18.344.050 Special Provisions

When abutting a residential or commercial district a buffer shall be installed along the shared property line or right-of-way in compliance with Section 18.427.

18.346.010 Definition

A district to provide and reserve areas for public uses in order to provide adequate land for a variety of community facilities which serve the public health, safety, and general welfare. These uses would include schools, public buildings, parks and open spaces, etc.

18.346.020 Permitted Uses

The permitted uses in the CP-1 district are as follows:

  1. Accessory building or use;
  2. Assembly halls;
  3. Automobile parking in conjunction with permitted uses;
  4. Churches and other places of worship;
  5. Dwelling, single family;
  6. Jails and penal institutions;
  7. Libraries, museums, and art galleries;
  8. Lodges, fraternal and social organizations provided that any such establishment shall not be conducted primarily for gain;
  9. Office buildings, governmental;
  10. Parks;
  11. Public transportation shelter stations;
  12. Public utility service installations;
  13. Theaters housed in a permanent indoor structure.

18.346.030 Conditional Uses

The conditional uses in the CP-1 district are as follows:

  1. Airports and landing fields;
  2. Amusement park or zoo;
  3. Boat marinas and sale of boating supplies and fuel;
  4. Cemeteries, mausoleums, columbariums, crematories;
  5. Coliseums and stadiums, profit and nonprofit;
  6. Colleges and universities, public and private;
  7. Community center building, gymnasium, swimming pool, beach, and other similar activities operated by a public agency, neighborhood or homeowners association;
  8. Electrical distribution station;
  9. Electric light or power generating station;
  10. Fraternity or sorority houses;
  11. Golf courses;
  12. Golf driving range and putting course;
  13. Heliports;
  14. Hospitals;
  15. Land fills, sanitary for disposal of garbage and trash;
  16. Microwave relay station;
  17. Orphanage and charitable institutions;
  18. Retirement home;
  19. Schools, public or private elementary, junior high, and senior high;
  20. Swimming pools and beaches, public or semiprivate;
  21. Temporary buildings or structures;
  22. Water treatment plants;
  23. Water storage facilities.

18.346.040 Bulk And Dimensional Requirements

The bulk and dimensional requirements for the CP-1 district are as follows:

  1. Minimum lot area: NA;
  2. Minimum lot width: NA;
  3. Minimum yard requirements:
    1. Front: twenty (20) feet;
    2. Side: five (5) feet each;
    3. Side corner: twenty (20) feet;
    4. Rear: twenty (20) feet;
  4. Maximum height: fifty (50) feet;
  5. Permitted lot coverage: forty-five (45) percent;
  6. Maximum fence height:
    1. Front: four (4) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet;
  7. Off-street parking: See Chapters Parking and Loading 18.500.

18.348.010 Definition

A district to encourage a more efficient use of land and public services by allowing, under certain circumstances, a more flexible means of land development than is otherwise generally permissible under lot-by-lot restrictions.

18.348.020 Permitted Uses In A Residential Planned Unit

Permitted uses in a residential planned unit are as follows:

  1. Accessory building or use;
  2. Commercial uses:
    1. No more than ten (10) percent of the gross area of the district is to be so designated, and
    2. The proposed commercial uses are compatible with and complementary to existing and proposed uses in the area;
  3. Dwelling, single family;
  4. Dwelling, two-family;
  5. Dwelling, multi-family;
  6. Dwellings, any combination of the above;
  7. Private and/or semiprivate recreation and service facilities intended for the residents of the district.

18.348.030 Permitted Uses In Nonresidential Planned Unit Development

The permitted uses in nonresidential planned unit developments are as follows:

  1. Any uses that are permitted in the underlying district for which the planned unit development is proposed;
  2. Any other uses for which justification can be derived on the basis that such a use will be compatibly and harmoniously incorporated into the unified design of the development.

18.348.040 Bulk And Dimensional Requirements

  1. There shall be no area designated as a planned unit development district of less than two acres of contiguous land unless the city council determines that a parcel, due to its unique character, is best developed as a planned unit development even though it does not meet the two acre requirement. The district area shall include the entire PUD district including the area of included right-of-way.
  2. Not more than seventy percent of the PUD site shall be devoted to parking facilities, streets, buildings, and accessory buildings. The remaining thirty percent shall remain as open space or landscaped area; excluded from this percentage are on-lot yards, required landscape buffers and right-of-way landscaping.
  3. Off-street parking for residential areas shall be two parking spaces per living unit. For commercial areas, two square feet of parking shall be provided for every one square foot of floor area.
  4. Landscaping may be required by the planning board or the city council to provide a buffer between proposed uses or between the adjacent zoning districts.
  5. Utilities shall be provided in a manner to meet the specifications of the planning board and city council.
  6. Off-street loading areas shall be provided if required by the planning board or city council.
  7. Architectural design of the buildings shall be compatible with surrounding buildings within the planned unit development.
  8. The maximum allowable residential density for a planned unit development shall be based on the underlying zone, as follows:

    Underlying Zone
    Maximum PUD Density2
    CSAG-10
    1/10 dwelling units/gross acre
    CSAG-5
    1/5 dwelling units/gross acre
    CR-1
    1.5 dwelling units/gross acre
    CR-2
    4 dwelling units/gross acre
    CR-3
    7 dwelling units/gross acre
    CR-4
    12 dwelling units/gross acre
    CR-5
    12 dwelling units/gross acre
    CRA-1
    15 dwelling units/gross acre
    CB-11
    20 dwelling units/gross acre
    CB-31
    20 dwelling units/gross acre
    CB-51
    15 dwelling units/gross acre
    1 Gross acreage shall exclude all lands set aside for commercial or industrial activities and associated accessory uses. 2 Any fraction of a dwelling unit shall be rounded off to the nearest whole number. In computing residential density, areas of commercial uses will be subtracted before the density is computed.

18.348.050 Legal Requirements

In a planned unit development where ownership is subject to restrictions, the subdivision plat, dedications, covenants, and other agreements shall be recorded in the office of the county clerk and recorder. These documents will also include those that:

  1. Create automatic membership in a nonprofit home- owners association or corporation to be formed to control, develop, and maintain common areas, properties, and facilities;
  2. Place title to any common property or facilities in the association or corporation.

18.348.060 Application Procedure

The application for zoning or rezoning as a planned unit development district shall be executed by the individual(s) whose successors and assignees shall be responsible for carrying out the requirements and obligations of the planned unit development district.

  1. Submit complete application, application fee and site plan; size and quantity of site plan copies as specified in the application.
  2. The site plan shall include the following:
    1. Total acreage, present zoning classification and zoning classification of all adjoining districts;
    2. Density in dwelling units per gross acre;
    3. Location, size, height and number of stories, use or uses to be contained in each existing or proposed structure;
    4. Location, width, surfacing and layout of all streets, parking areas and pedestrian walks;
    5. Location and number of proposed parking spaces;
    6. Location, size, height and orientation of all signs in excess of one square foot;
    7. Location and height of all fences, walls and screen plantings;
    8. Location of all common spaces and facilities; and
    9. Proposed landscaping.
  3. All documents included in the site plan shall include space for certification of approval in accordance with the form used for subdivision platting.
  4. The applicant shall furnish:
    1. The proposed time schedule for the completion of the development or the phasing thereof;
    2. A copy of all proposed covenants, restrictions and easements;
    3. A copy of the proposed articles of incorporation and by-laws of any corporation and/or homeowners associations to be formed; and
    4. Any other information that the zoning commission or the city council may deem necessary.
  5. The preliminary plat (if required) shall be prepared in accordance to requirements of the subdivision regulations and shall include space for certification of approval by the City Council.

18.348.070 Approval Of The Planned Unit Development

The city council shall approve a planned unit development by ordinance which shall incorporate by reference all documents included in the site plan and the recommendation of the planning board. When appropriate, a final plat shall be submitted and approved by the city council and recorded in the County Courthouse. The face of the final plat shall bear the following language:

Uses and development within this plat shall be in compliance with the Planned Unit Development plan approved by the City of Columbia Falls by Ordinance #______ enacted _________, 200__. I, , Owner of the property set forth herein, do hereby agree that I will develop the property as a Planned Unit Development in accordance with the approve PUD plan. (Signature of Owner) Where a PUD is approved and not part of the platting of a subdivision, the deed for each parcel in the development shall be amended to include the following language: Uses and development of this property shall be in compliance with the Planned Unit Development plan approved by the City of Columbia Falls by Ordinance #_______ enacted ______________, 200___.

18.348.074 Prior To Construction

  1. Prior to the construction of public infrastructure the developer shall submit verification that the service provider has reviewed and approved the construction plan.
  2. Prior to the issuance of a building permit (if such a permit is required) the developer shall submit verification that the building(s) are in compliance with the approved PUD.

18.348.080 Enforcement

Any modification or deviation from the site plan adopted by the PUD ordinance or resolution shall be by amendment to the PUD ordinance or resolution. Any modification or deviation otherwise made shall constitute a violation of the ordinance or resolution and the owner, lessee or occupant of the area or building in violation shall be subject to the penalties and remedies imposed by the codes of the city.

18.350.010 Definition

An overlay designation that may be approved as a zone change in the CSAG-20, CSAG-10, CSAG-5, CR-1, CR-2, CR-3, CR-4, CR-5 and CRA-1 zoning designations. This MH district designation shall apply only to areas at least ten (10) acres in size. The designation of a MH district is treated as a zone change and handled in accordance with Chapter 18.212.

  1. Permitted Uses. The permitted uses in the MH zone are as follows:
    1. Class B manufactured homes on permanent perimeter foundations.
    2. Uses permitted in the underlying zone.
  2. Conditional Uses. The conditional uses in the MH zone are as those uses designated as conditional uses in the underlying zone.
  3. Bulk and Dimensional Requirements. The bulk and dimensional requirements are as specified in the underlying zone.

18.352.010 Definition

The CBR-4 district is intended for resort purposes and to provide for the development of medium and high density resort uses, including hotels, motels, resort condominiums, interval ownership, recreational facilities and other similar uses oriented towards tourism and resort businesses. This district may also provide as allowed uses meeting rooms, convention facilities, bars, lounges and restaurants, and retail and commercial uses intended primarily for the guests of the facilities.

18.352.020 Development Plan

Acceptance of an application for CBR-4 zoning will be contingent upon an overall development plan for the area requested being submitted for review. The overall development plan (ODP) is a conceptual plan, which will address each of the following:

  1. All such districts shall be served by community water and sewer systems.
  2. Residential land uses associated in the project showing the densities assigned to overall acreages and the density mix between single family, duplex, triplex, multi-family, cluster housing projects and the ownership patterns established within the overall development scheme.
  3. The mix between commercial activity and residential activity by mix and location identifying the areas committed within the overall project to mixed use commercial-residential projects as opposed to purely commercial or residential activities.
  4. The land uses committed for recreational purposes such as golf courses, tennis courts, private parks, beaches, etc., and their location within the ODP.
  5. The provision of utility services showing the general locations and service capacity of all water, sewer, gas, electric, and telephone utilities showing the plan for providing these utilities and phasing the services within the development and the anticipated or desired routes and easements associated with utility trunks and extensions.
  6. A vicinity map shall be included, showing surrounding land uses, street systems, lakes and waterways, one hundred-year floodplain, topographical contours, and other significant physical features.
  7. An environmental assessment shall be included; using the format required in the Columbia Falls subdivision regulations.
  8. Identify routes and locations for all arterial and collector systems associated with the development. The major traffic routes will be identified throughout the development and general locations of the collectors adjacent to the proposed commercial, recreational and residential uses. The actual location of the local streets within the development will be designed for conceptual purposes only to identify access and egress points from the project.
  9. Identify policy levels of service for parking associated with all developments within the ODP. Policies will be established to deal with the project. Policies will be adopted within the development regarding the overall architectural theme and design characteristics associated with the structures, signage and other visual amenities associated with the project.
  10. For developments where build-out over a number of years is anticipated, the ODP will identify and justify the proposed phasing of the project and provide a proposed schedule of phase development.

18.352.025 Implementation Of The Overall Development Plan (ODP)

  1. The ODP as approved together with the conditions and restrictions imposed shall constitute the controlling guidelines of the district. No permit shall be issued for any structure within the district unless such structure conforms to the provisions of the ODP.
  2. Development within a platted subdivision may include both permitted and conditional uses provided the use categories are approved at the time of preliminary and final plat review or ODP review and will require no additional review at the time of development.
  3. Development of permitted uses outside of a platted subdivision shall be reviewed for compliance with the ODP and zoning as follows:
    1. The developer/applicant shall provide information to the planning office including a site plan and description of the project which demonstrates that the project complies with the ODP and the zoning regulations.
    2. The developer/applicant shall be notified in writing within one (1) week of the receipt of the material whether or not the submitted information is complete. A written determination shall be given to the applicant within two (2) weeks of submittal of the developer/applicants material whether or not the project is in conformance with the ODP and zoning regulations. If the project is found to be not in conformance with the ODP or zoning, it shall be specifically stated why the project does not comply.
  4. Development of conditional uses outside of a platted subdivision or for conditional or accessory uses for which no special review was provided at the time of ODP adoption, shall be reviewed by the zoning administrator for compliance with the overall development plan and zoning as follows:
    1. Uses accessory to allowed uses which have a minimal impact on the immediate neighborhood, may be permitted and shall be so noted in the O.D. P. file. Examples of such uses may be restrooms, lightning shelters, etc.
    2. Uses accessory to allowed uses with potential impacts to the immediate neighborhood may be required to obtain an administrative conditional use permit. Examples of such uses may be storage or maintenance facilities adjacent to less intensive uses.
  5. The zoning administrator shall determine if any proposed deviation from the ODP is significant enough to require further review.
  6. Insignificant changes, which have a minimal impact on the scale or scope of the plan or immediate neighborhood, shall be so noted in the ODP file.
  7. Significant changes such as increased density or intensity of use, change or shift in proposed uses or substantial deviation from the applicable bulk and dimensional requirements will require changing the ODP by amending the zoning as outlined in Chapter 18.212 of the Columbia Falls zoning regulations.
  8. Abandonment or Expiration. Upon the abandonment of a development authorized under Chapter 18.352 (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved ODP for which a development plan schedule has been filed and has not been completed), the planning board may initiate an amendment to the map of the CBR-4 zoning district so that the land will be rezoned in a category or categories in conformance with the Growth Policy in force which most nearly approximates its then existing use or such other zoning category or categories which it deems appropriate for the category or categories it held before being zoned as a CBR-4 district.

18.352.030 Permitted Uses

The permitted uses in the CBR-4 district are as follows:

  1. Accessory apartments;
  2. Bed and breakfast establishments;
  3. Churches and other places of worship;
  4. Clothing stores;
  5. Coffee shops and snack bars;
  6. Convenience food stores (maximum three thousand (3,000) square feet);
  7. Curio shops;
  8. Dwellings, resort: one through four-plex dwelling units such as resort and recreational condominiums, townhouses, time sharing and interval ownership residences or vacation units and other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary uses for the use of occupants and guests;
  9. Financial institutions;
  10. Grocery stores (maximum three thousand (3,000) square feet);
  11. Health clubs;
  12. Hotels and motels (including restaurants, lounges or bars integral to the facilities);
  13. Laundromats;
  14. Offices, public and private;
  15. Recreation facilities, low-impact;
  16. Resort area and equipment maintenance facilities;
  17. Retail sales of items relating to the resort (e.g., boating supplies, ski equipment), sports equipment sales and rental. This does not include sales of major recreational vehicles, self-contained campers, boats, jet skis, or snow machines. (Maintenance and repair facilities for resort rental equipment are allowed.);
  18. Restaurants, excluding drive-ins;
  19. Travel agencies.

18.352.040 Conditional Uses

  1. Bars, lounges, taverns;
  2. Boat launching ramps and docks;
  3. Convention centers and facilities;
  4. Day care centers;
  5. Dwellings, resort: five-plex or larger including such units as resort and recreational condominiums, townhouses, time sharing and interval ownership residences or vacation units and other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary uses for the use of occupants and guests;
  6. Emergency medical clinics;
  7. Gas/service stations;
  8. Golf courses;
  9. Marinas (commercial);
  10. Recreational facilities, high-impact;
  11. Recreational vehicle parks and campgrounds (five acre minimum size).

18.352.050 Bulk And Dimensional Requirements

  1. Minimum district size: ten acres. *NOTE: The following standards apply unless specifically modified by the ODP.
  2. Minimum Residential Lot Area:
    1. Single-family dwelling: seven thousand five hundred (7,500) square feet.
    2. Two-family dwelling or larger: additional two thousand (2,000) square feet for each dwelling unit in excess of one.
  3. Minimum Non-Residential Lot Area: NA.
  4. Minimum Lot Width:
    1. Residential: fifty (50) feet;
    2. Non-Residential: NA.
  5. Minimum Yard Requirements for Residential Areas*:
    1. Front: twenty (20) feet;
    2. Side: five (5) feet each;
    3. Side Corner: fifteen (15) feet;
    4. Rear: fifteen (15) feet. *These minimum yard requirements also apply for non-residential uses when abutting a residential area.
  6. Increase yard requirements as follows when property fronts:
    1. County Road*: twenty (20) feet;
    2. Federal or State Highway: twenty (20) feet;
    3. Unprotected Lake: twenty (20) feet;
    4. River or Stream: twenty (20) feet. *Classified as a collector or major/minor arterial as defined in the city-county Growth Policy.
  7. Maximum Height: forty (40) feet.
  8. Permitted Lot Coverage:
  9. Residential: forty-five (45) percent;
  10. Non-Residential: NA.
  11. Maximum Fence Height:
    1. Front: zero (0) feet;
    2. Side: six (6) feet;
    3. Rear: six (6) feet.
  12. Off-Street Parking: See parking and loading section.