Craig City Zoning Code
CHAPTER 16
03 - Zoning
Sections:
16.03.010 - General provisions.
In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare.
A.
Uniformity of regulations. The regulations established by this chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this chapter, the following interpretations shall apply:
1.
No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, demolished or structurally altered unless in conformance with all of the regulations herein specified for the zone in which it is located.
2.
No part of a yard, other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this code shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building unless specific exception therefor is stated in this code.
3.
No yard or lot existing or approved at the time of passage of the initial ordinance codified herein shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this code.
4.
Any use not specifically permitted in a zone by this code is hereby specifically prohibited from that zone unless otherwise determined by the city council, as provided herein in writing.
5.
In zoning districts permitting single-family residential dwellings, only one (1) such dwelling shall be permitted on each lot unless otherwise specified.
B.
Conflict with private covenants or deeds. In case of a conflict between this code and any private restrictions, the provisions of this code shall control for purposes of enforcement by the city. The private restrictions may be enforced by those other than the city as provided by law. The city shall have no responsibility to enforce private covenants or deed provisions.
C.
Zoning of annexed territory.
1.
Zoning of land during annexation shall be done in accordance with the procedure and notice requirements of this chapter. The proposed zoning ordinance shall not be effective before the date when the annexation ordinance is effective.
2.
Any area annexed shall be zoned and the zoning map amended as provided in this chapter within ninety (90) days from the effective date of the annexation ordinance. Until the zoning ordinance is effective, the city shall not issue a building permit for any portion or all of the newly annexed area.
3.
Unless zoned otherwise by action of the city council in compliance with this code or as provided otherwise on the city Zoning Map in effect on February 27, 2007, all annexed property shall be considered zoned A - Agricultural.
(Ord. 962 §§1, 2, 2007)
16.03.020 - Purpose.
The purpose of this zoning code is to create a vital, cohesive, well-designed community in order to enhance the city's role as a regional center of business and government and further the community's goals as identified in the Master Plan. These zoning regulations are designed to:
1.
Encourage the most appropriate use of land through the city and ensure a logical growth of the various physical elements of the city.
2.
Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes.
3.
Regulate and determine the size of building lots, yards and other open spaces.
4.
Promote good design and arrangement of buildings or clusters of buildings and land uses in residential, business and industrial development.
5.
Encourage innovative and high-quality site planning, architecture and landscaping.
6.
Prevent the overcrowding of land, poor-quality development, waste and inefficiency in land use, danger and congestion in travel and transportation and any other use or development that might be detrimental to the stability and livability of the city.
7.
Ensure that new land development is designed to be integrated into the community.
8.
Promote the health, safety, morals and general welfare of residents of the city.
(Ord. 962 §§1, 2, 2007)
16.03.030 - Zoning districts and boundaries.
A.
Zoning districts. In order to carry out the provisions of this code, the city is divided into the following zoning districts:
B.
Official zoning map. The boundaries and classifications of zoning districts are as depicted on the map entitled "Craig Official Zoning Map" as may from time to time be revised, updated or redrafted. The official zoning map adopted and to be used for reference shall be that map bearing the most recent date of publication which has been signed by the chair of the planning commission and the mayor.
1.
Interpretation of boundary lines. In the event uncertainty exists on the zoning map, district boundaries shall be on section lines, lot lines, the right-of-way lines of highways, streets, alleys, railroad rights-of-way or such lines extended; municipal corporation lines; natural boundary lines such as streams; or other lines to be determined by the use of scales shown on the map.
2.
Amendment upon zoning or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Official Zoning Map shall be considered amended to include the annexed area with the proper zoning classification or show the amended classification. The city shall have prepared a revised official zoning map to include such amendments as often as the city council deems appropriate. Such updated official map shall contain, in table form, the date and number of the ordinance amending it, the title of the change, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.
3.
Cost for amending zoning. Any person who proposes zoning for property being annexed or proposes modifying existing zoning shall pay all fees and costs as provided in chapter 1 of this title and bear the entire cost of amending the official zoning map, including all notification costs.
4.
Public inspection; storage of original. A copy of the Official Zoning Map shall be available and on display at the City Hall during normal business hours. In addition, one (1) original duplicate copy of the current official zoning map, and all prior official zoning maps having been adopted, shall be held in a secure place by the city, which shall act as custodian thereof; and the map shall not be amended, changed, updated or otherwise modified or let out of direct control of the city for any reason whatsoever. The secured map is to be released for inspection only upon authorization of the city.
(Ord. 962 §§1, 2, 2007)
16.03.040 - Principal, conditional and temporary uses per zoning district.
A.
General application of uses. Uses designated as permitted uses are allowed in a zone district as a matter of right. Uses classified as conditional uses are permitted upon the city's approval of a conditional use permit. Uses classified as temporary uses are allowed for a limited and predetermined period of time with the intent to discontinue such use upon the expiration of the time period. Unless a use is designated by this code as a permitted use, conditional use or temporary use or is classified as a legal nonconforming structure or use, it is not permitted. Land uses not otherwise identified in this code may be proposed for development. However, such uses are not permitted unless the city council determines that the use can be reasonably interpreted to fit into a similar use category described in this code or to amend this code.
B.
O - Open District
1.
Intent. The O - Open District is intended to provide permanent open space in the city. Development in the O District is limited in order to protect the public in areas of flood, fire or geologic hazards. Recreation facilities, wildlife preserves or other open uses are desired in this District.
2.
Conditional uses. Conditional uses allowed in the O District shall be as follows:
a.
Agriculture.
b.
Airports.
c.
Cemeteries.
d.
Fisheries.
e.
Mineral and natural resource exploration, extraction and related facilities.
f.
Parking areas for permitted uses.
g.
Parks, open space and recreation facilities.
h.
Public utilities.
i.
Sanitary landfills.
j.
Sewage treatment plants.
k.
Single-family dwellings only as a custodial function to a permitted use.
l.
Other uses as may be determined compatible with this district.
3.
Temporary uses. Temporary uses permitted in the Open District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Carnival, circus, bazaar, fair and/or other events taking place on two (2) or more consecutive days.
c.
Concert, rally, race or other events scheduled for a single date.
d.
Parking for another temporary use.
e.
Concrete or asphalt batching plant (publicly owned).
4.
Property development standards. Please see the O District standards below:
C.
A - Agricultural District.
1.
Intent. The A - Agricultural District provides for the annexation of those properties that are presently used for agriculture or other nonurban uses and for which there are no specific and immediate plans for development. These areas are designated on the Comprehensive Plan as potentially suitable for urban development but not in the immediate future because of lack of utilities, other services or other uses. This is an ultra low-density district intended for the pursuit of farm activities or for transitional status where development is not proposed in the near future. This zone is characterized by the growing of crops and related functions.
2.
Principal uses. Principal uses permitted in the A District shall be as follows:
a.
Accessory buildings and accessory uses.
b.
Accessory dwellings when associated with a permitted use.
c.
Child care facilities for no more than six (6) children.
d.
Churches and other facilities for religious services and related functions.
e.
Common equestrian stabling and grazing.
f.
Confined or intensified agriculture.
g.
Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock produced on the premises.
h.
Dairy or feed lots.
i.
Farming, including but not limited to hay and grain, gardening, horticulture, fruit growing, growing of vegetables, trees, shrubs, plants, turf and sod.
j.
Fisheries and related structures and uses.
k.
Forestry and related structures and uses.
l.
Home occupations.
m.
Golf courses.
n.
Livestock, limited to the following provisions: Any fenced land area containing large livestock must be at least twenty-five (25) feet from any lot line or boundary of a different zone district.
o.
Open air farmers' markets.
p.
Outdoor recreation facilities.
q.
Parks and open space.
r.
Plant nurseries and greenhouses.
s.
Safe houses for battered or abused adults or children.
t.
Sale of products that are raised, produced and processed on the premises.
u.
Single-family detached dwellings.
v.
Stables and riding academies.
w.
Structures for storage of agricultural products produced on the premises.
x.
Transportation facilities.
y.
Veterinary facilities, small animal clinics.
z.
Veterinary facilities, large animal clinics.
aa.
Veterinary hospitals.
3.
Conditional uses. Conditional uses allowed in the A District shall be as follows:
a.
Bed and breakfasts/inns.
b.
Cemeteries and crematoriums.
c.
Child care centers (licensed) for six (6) or more children.
d.
Concrete batch plants.
e.
Fur farms.
f.
Gas, oil and other hydrocarbon well drilling and production.
g.
Hospitals or similar institutions.
h.
Limited outdoor recreation facilities.
i.
Logging.
j.
Long-term care/assisted-living facilities.
k.
Mineral or natural resource exploration, extraction and associated facilities.
l.
Neighborhood/convenience retail with or without fuel sales.
m.
Offices with indoor/outdoor storage and/or repair.
n.
Public and private schools.
o.
Public facilities and buildings, including vehicle maintenance and storage.
p.
Resource extraction.
q.
Sanitary landfills.
r.
Sewage, water and waste treatment plants.
s.
Small animal boarding (kennels).
t.
Storage of chemicals and hazardous materials.
u.
Synthetic fuels plants.
v.
Telecommunications stations and/or towers.
w
Public utilities.
x.
Wineries.
4.
Temporary uses. Temporary uses permitted in the A District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Carnival, circus, bazaar, fair and/or other events taking place on two (2) or more consecutive days.
c.
Concert, rally, race or other events scheduled for a single date.
d.
Parking for another temporary use.
e.
Concrete or asphalt batching plant (publicly owned).
5.
Property development standards: Please see the A District standards below:
* Lot size restriction shall not apply to divisions of land by succession, will, partition, proceedings, sale on execution or other division by operation of law.
** May include uncovered/unenclosed porches; uncovered/ unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
D.
RR - Rural Residential District
1.
Intent. The RR - Rural Residential district is a very low-density residential district developed to provide for large-lot, single-family development in areas more characteristically rural and located on the outskirts of the city planning area. A limited range of agricultural activities may be conducted within this District, and each lot shall have direct access to a publicly maintained roadway.
2.
Principal uses. Principal uses permitted in the RR District shall be as follows:
a.
Accessory buildings and accessory uses, including garages for the storage of automobiles and/or commercial vehicles.
b.
Accessory dwellings when associated with a permitted use.
c.
Bed and breakfasts/inns.
d.
Child care facilities for no more than six (6) children.
e.
Common equestrian stabling and grazing.
f.
Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock produced on the premises.
g.
Home occupations.
h.
Limited livestock (see Subparagraph i. below) and poultry not intended for sale or commercial purposes.
i.
Livestock, limited to the following provisions: Any fenced area containing any livestock must be at least twenty-five (25) feet from any dwelling, lot line or boundary of a different zone district.
j.
Parks, playgrounds and open space.
k.
Safe houses for battered or abused adults or children.
l.
Single-family detached dwellings.
3.
Conditional uses. Conditional uses permitted in the RR District shall be as follows:
a.
Cemeteries.
b.
Child care facilities (licensed) for six (6) or more children.
c.
Churches and other facilities for religious services and related functions.
d.
Community facilities and public buildings.
e.
Gas, oil and other hydrocarbon well drilling and production.
f.
Golf courses and country clubs.
g.
Group homes.
h.
Hospitals or similar institutions.
i.
Limited outdoor recreation facilities.
j.
Long-term care/assisted-living facility.
k.
Mineral or natural resource extraction and associated facilities.
l.
Mobile homes and/or mobile home parks.
m.
Offices with indoor/outdoor storage and/or repair.
n.
Private clubs, fraternities or lodges (except where the chief activity is a service customarily performed as a business).
o.
Public and private schools, grades K—12.
p.
Public facilities and public utilities.
4.
Temporary uses. Temporary uses permitted in the RR District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Parking for another temporary use.
5.
Property development standards: Please see the RR District standards below:
* May include uncovered/unenclosed porches; uncovered /unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
E.
RLD - Residential Low Density District.
1.
Intent. The RLD - Residential Low Density District is intended to define and preserve the urban character of the city's neighborhoods. This is a housing district intended primarily for single-family uses on individual lots of not less than six thousand (6,000) square feet. This zone is characterized by tree-lined local streets that continue, and build from, the existing street system.
2.
Principal uses. Principal uses permitted in the RLD District shall be as follows:
a.
Accessory buildings and accessory uses, including a garage for the storage of automobiles and/or one (1) commercial vehicle limited to two (2) axles.
b.
Child care facilities for not more than six (6) children.
c.
Home occupations.
d.
Parks, playgrounds and open space.
e.
Single-family detached dwellings.
f.
Backyard chickens in compliance with the regulations in Section 6.20.040 of this code.
3.
Conditional uses. Conditional uses permitted in the RLD District shall be as follows:
a.
Cemeteries.
b.
Child care facilities (licensed) for more than six (6) children.
c.
Churches and other facilities for religious services and related functions.
d.
Colleges and vocational and technical training schools.
e.
Community facilities (including libraries and museums).
f.
Funeral homes.
g.
Golf courses and country clubs.
h.
Group homes for up to eight (8) developmentally disabled persons, handicapped individuals, children or senior citizens.
i.
Long-term care/assisted-living facilities.
j.
Limited outdoor recreation facilities.
k.
Mineral and natural resource exploration, extraction and related facilities.
l.
Public and private schools, grades K—12.
m.
Public facilities and buildings.
n.
Safe houses for battered or abused adults or children.
o.
Public utilities.
p.
Accessory dwellings.
4.
Temporary uses. Temporary uses permitted in the RLD District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Parking for another temporary use.
5.
Property development standards: Please see the RLD District standards below:
* May include uncovered/unenclosed porches; uncovered/ unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
F.
RMD - Residential Medium Density District.
1.
Intent. The RMD - Residential Medium Density District is intended to allow for the development of single-family attached residential dwellings for rental or sale on individual lots of not less than six thousand (6,000) square feet. The addition of single-family attached dwellings as a permitted use is the only change between RLD and RMD Districts in the city.
2.
Principal uses. Principal uses permitted in the RMD District shall be as follows:
a.
All permitted principal uses in the RLD District.
b.
Single-family residences, attached.
c.
Accessory dwellings.
3.
Conditional uses. Conditional uses permitted in the RMD District shall be as follows:
a.
All permitted conditional uses in the RLD District.
4.
Temporary uses. Temporary uses permitted in the RMD District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Parking for another temporary use.
5.
Property development standards: Please see the RMD District standards below:
* May include uncovered/unenclosed porches; uncovered/ unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
G.
RHD - Residential High Density District.
1.
Intent. The RHD - Residential High Density District is intended to allow development of single- and multiple-family residences on individual lots of not less than six thousand (6,000) square feet in area. Street and open space designs in these areas shall be used to encourage pedestrian interaction and discourage excessive traffic speeds. Multi-family residential development shall be designed around, or adjacent to, open space.
2.
Principal uses. Principal uses permitted in the RHD District shall be as follows:
a.
All permitted principal uses in the RMD District.
b.
Boarding and rooming houses.
c.
Bed and breakfasts.
d.
Child care facilities (licensed) for more than six (6) children.
e.
Cluster and zero-lot-line single-family dwellings.
f.
Multiple-family dwellings with no more than twenty-four (24) units per building, subject to the density and dimensional standards for this zone and provided that the lot upon which any such dwelling is located is of sufficient size to allow for the dedication of at least fifteen percent (15%) of the gross land area as functional open space.
g.
Senior housing, subject to the density and dimensional standards for this zone and provided that the lot upon which any such dwelling is located is of sufficient size to allow for the dedication of at least fifteen percent (15%) of the gross land area as functional open space.
h.
Accessory dwellings.
3.
Conditional uses. Conditional uses permitted in the RHD District shall be as follows:
a.
All permitted conditional uses in the RMD District.
b.
Hotels or motels.
c.
Private clubs, fraternities or lodges (except those whose chief activity is a service customarily performed as a business).
4.
Temporary uses. Temporary uses permitted in the RHD District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on premises construction.
b.
Parking for another temporary use.
5.
Property development standards: Please see the RHD District standards below:
* A nonconforming lot or parcel of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in the district.
** May include uncovered/unenclosed porches; uncovered/ unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
H.
RMH - Residential Mobile Home District.
1.
Intent. The RMH - Residential Mobile Home District allows for the development of both mobile home parks (rented or leased spaces) or mobile home subdivisions (individually owned lots).
2.
General requirements. Uses in this District must comply with the standards and provisions set forth in Chapter 12 of this code.
I.
MU - Mixed Use District.
1.
Intent. The MU - Mixed Use District is made up of two (2) subdistricts (MU-1 and MU-2) and is intended to preserve current areas of the city that include residential, business and light industrial land uses. These districts are distinguished by the ability to locate mobile homes within the MU-1 District only. No new mobile homes are allowed to be placed within the MU-2 District.
a.
The MU-1 District, which allows mobile homes, is found generally along Yampa Avenue north of 13th Street, and south of Victory Way between Russell and Legion Streets.
b.
The MU-2 District, which does not allow mobile homes, is generally found along Yampa Avenue between Victory Way and 13th Street.
c.
The designation of mixed use will allow both residences and businesses in this district to renovate and expand in an appropriate manner as the list of permitted uses in this district is extensive. The MU District has the potential to develop these areas into some of the most vibrant neighborhoods in the city where pleasant housing, appropriately sized shops and service businesses can all exist side by side.
d.
New development in this district must be of a high standard so that (for example) expanded business activity does not negatively affect nearby residential properties. Likewise, as both residential and business uses are allowed in this district, residential property owners must renovate and expand with the knowledge that the business activity next door is a permitted use. These mixed-use neighborhoods may include a variety of housing types, neighborhood commercial centers, light industrial uses, business uses, civic uses and recreational uses.
2.
Principal uses. Principal uses permitted in the MU District include the following:
a.
Institutional, civic or public uses:
1)
Churches and other facilities for religious services and related functions.
2)
Parks and open space.
3)
Public facilities, excluding repair and storage facilities.
4)
Colleges and vocational and technical training schools.
b.
Commercial, industrial or retail uses:
1)
Artisan and photography studios and galleries.
2)
Bed and breakfasts.
3)
Boarding and rooming houses.
4)
Clubs and lodges.
5)
Convenience shopping without fuel sales.
6)
Entertainment facilities (excluding adult entertainment).
7)
Funeral homes.
8)
Health and membership clubs.
9)
Licensed taverns or bars.
10)
Light industry, including production, assembly and packaging.
11)
Limited indoor recreation facilities.
12)
Long-term care/assisted-living facilities.
13)
Medical and dental offices and clinics.
14)
Offices and dwellings located above ground floor retail.
15)
Open air farmers' markets.
16)
Personal and business service shops.
17)
Plant nurseries and greenhouses.
18)
Professional and full-service financial services offices (including banks).
19)
Public and private schools, including colleges, vocational training and technical training.
20)
Retail establishments under five thousand (5,000) square feet in gross size.
21)
Restaurants, standard and fast-food without drive-through facilities.
22)
Small (under five thousand [5,000] square feet) grocery stores, bakeries or other retailers selling/serving food or beverage products produced on the premises.
23)
Tourist facilities.
24)
Workshops and custom small industry uses.
c.
Residential uses:
1)
Cluster, zero-lot-line and attached single-family dwellings.
2)
Mixed-use dwelling units.
3)
Mobile homes (only in MU-1 District).
4)
Multiple-family dwellings of no more than twelve (12) units per building.
5)
Single-family detached dwellings.
6)
Senior housing.
7)
Backyard chickens in compliance with the regulations in Section 6.20.040 of this code.
8)
Accessory dwellings.
3.
Conditional uses. Conditional uses permitted in the MU District include the following:
a.
Convenience retail establishments over five thousand (5,000) square feet of gross floor area.
b.
Convenience retail with fuel sales.
c.
Indoor recreation establishments.
d.
Lodging establishments (motels and hotels).
e.
Outdoor recreation facilities.
f.
Parking lots and garages.
g.
Restaurants, standard and fast-food with drive-through facilities.
4.
Temporary uses. Temporary uses permitted in the MU District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Carnival, circus, bazaar, fair and/or other events taking place on two (2) or more consecutive days.
c.
Concert, rally, race or other events scheduled for a single date.
d.
Parking for another temporary use.
5.
Property development standards: Please see the RMH District standards below:
* May include uncovered/unenclosed porches; uncovered/ unenclosed patios and decks less than 30" in height; open unenclosed stairways or balconies; and other similar architectural features.
J.
CD - Commercial Downtown District.
1.
Intent. The CD - Commercial Downtown District is the traditional downtown business district that is intended to:
a.
Encourage the redevelopment and expansion of the existing downtown business area;
b.
Provide a concentration and mix of civic, office, retail, restaurant, housing and cultural land uses;
c.
Maintain and enhance the historic character of the original downtown;
d.
Facilitate easy pedestrian movement;
e.
Develop and promote small-scale businesses; and
f.
Promote shared or cooperative parking.
The architectural design principles of this code permit the construction of attached apartment, civic and storefront buildings in this District. Individual buildings are also encouraged to be mixed vertically with street level commercial and upper level offices and/or residential dwellings.
2.
Principal uses. Principal uses permitted in the CD District shall be less than fifteen thousand (15,000) square feet and as follows:
a.
All principal uses permitted in the RHD District, except for:
1)
Single-family residential dwellings; and
2)
Accessory dwellings.
b.
Artisan and photography studios and galleries.
c.
Bed and breakfasts.
d.
Child care centers (licensed) for six (6) or more children.
e.
Clubs and lodges.
f.
Community facilities (including museums and libraries).
g.
Convenience shopping and retail establishments.
h.
Entertainment facilities and theaters (excludes adult entertainment).
i.
Health and membership clubs.
j.
Limited indoor recreation establishments.
k.
Lodging establishments.
l.
Medical and dental offices and clinics.
m.
Mixed-use dwelling units.
n.
Offices and dwellings located above ground floor retail.
o.
Open air farmers' markets.
p.
Parks, playgrounds and open space.
q.
Personal and business service shops (includes barbers, dry cleaning, laundry, etc.).
r.
Professional and full-service financial services offices (includes banks).
s.
Public and private schools.
t.
Public facilities.
u.
Restaurants, standard, fast-food and catering without drive-through facilities.
v.
Grocery stores, bakeries and other retailers selling or serving food or beverage products manufactured on-site.
w.
Taverns or bars.
x.
Tourist facilities.
y.
Transit facilities without repair shops or yards.
3.
Conditional uses. Conditional uses permitted in the CD District shall be as follows:
a.
Funeral homes.
b.
Car washes.
c.
Hospitals and clinics.
d.
Long-term care facilities.
e.
Limited outdoor recreation facilities.
f.
Motor vehicle service and repair (minor).
g.
Offices with or without outdoor storage and/or repair.
h.
Parking lots and parking garages as a principal use.
i.
Public utilities.
j.
Workshops and custom small industry uses.
k.
Any use allowed as a principal use of fifteen thousand (15,000) or more square feet
4.
Temporary uses. Temporary uses permitted in the CD District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Carnival, circus, bazaar, fair and/or other events taking place on two (2) or more consecutive days.
c.
Concert, rally, race or other events scheduled for a single date.
d.
Parking for another temporary use.
5.
Property development standards: Please see the CD District standards below:
K.
C-2 - Community Commercial District.
1.
Intent. The C-2 - Community Commercial District is intended to provide for the location of uses which provide a wide range of general retail goods and services for residents of the community and the entire region, as well as for businesses and highway users, primarily inside of enclosed structures. This district also provides for the development of retail and service businesses where outdoor storage is permitted and where the manufacture, compounding, processing or treatment of products is permitted when clearly incidental to the retail or service business and when such products are sold at retail on the premises.
2.
Principal uses. Principal uses permitted in the C-2 District may be over fifteen thousand (15,000) square feet in size and are as follows:
a.
All permitted principal uses in the CD District.
b.
Auto, recreational vehicle, boat and truck sales, rental and repair.
c.
Car washes.
d.
Churches and other facilities for religious services.
e.
Colleges and vocational or technical training schools.
f.
Farm implement sales and service.
g.
Funeral homes.
h.
Gasoline stations.
i.
Hospitals and clinics.
j.
Large retail establishments and shopping centers.
k.
Long-term care/assisted-living facilities.
l.
Pawn shops.
m.
Public and private schools, K—12.
n.
Recreational vehicle, boat and truck sales and rental.
o.
Retail, office and supply yard establishments with outdoor storage.
p.
Restaurants (including fast-food) with drive-through.
q.
Supermarkets.
r.
Medical marijuana dispensaries.
1)
Definition. Medical marijuana dispensary shall mean and include the use of any property or structure to distribute, transmit, give, dispense or otherwise provide marijuana in any manner, in accordance with Section 14, of Article XVIII of the Colorado Constitution.
2)
Application. Prior to the establishment of any medical marijuana dispensary, each of the following requirements shall be met:
a)
An application fee of one thousand five hundred dollars ($1,500.00) to cover administrative costs and expenses incurred in the application process.
b)
Written approval from the police department, as to each of the following:
(1)
A business plan for the dispensary to ensure compliance with law. The business plan must contain the following items:
(a)
A description of the security provisions and systems;
(b)
Hours of operation;
(c)
Number of employees;
(d)
Lighting plan;
(e)
A description of any cultivation within the dispensary, including:
i.
Where plants are grown;
ii.
The number of plants that will be grown;
iii.
The number of plants within a given stage of growth at any given time;
iv.
A description of the ventilation system for the premises; and
v.
A description of the lighting system.
(2)
Criminal background check. Subject to the provisions of Section 24-5-101, C.R.S., no written approval will be issued to an applicant whose criminal history reflects a prior conviction for a felony offense. It shall be required that any applicant, owner, and/or operator submit a complete set of fingerprints before a permit can be granted.
c)
Written approval from the planning department that the location requirements set forth in Subsection 3) below have been met.
d)
A statement to be initialed by the applicant that the applicant and the employees of the medical marijuana dispensary may be subject to prosecution under federal marijuana laws.
e)
A statement to be initialed by the applicant that the city accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana dispensary.
3)
Location requirements: No medical marijuana dispensary shall be established except in accordance with the following location requirements:
a)
Location requirements. All medical marijuana dispensary licenses shall be issued for a specific location which shall be designated as the licensed premises. Medical marijuana dispensary licenses shall not be permitted in any residential zone district. Medical marijuana dispensaries shall only be permitted in the Mixed Use (M-1 and M-2), Commercial Downtown (CD), Community Commercial (C-2), Light Industrial (I-1) and Heavy Industrial (I-2) Zone districts.
b)
Buffering requirements. Medical marijuana dispensaries must satisfy the following minimum distance requirements from the described uses below. Prior to issuing a medical marijuana dispensary license, the local licensing authority shall confirm that the proposed licensed premises boundaries meet the buffering requirements.
i.
Distance from schools. Medical marijuana dispensaries shall be located a minimum of five hundred (500) feet from schools, as measured from the nearest property boundary of such school uses to the boundaries of the proposed licensed premises.
ii.
Distance from commercial childcare facilities. Medical marijuana dispensaries shall be located a minimum of five hundred (500) feet from licensed commercial childcare facilities, as measured from the nearest property boundary of such uses to the boundaries of the proposed licensed premises.
iii.
Distance from parks. Medical marijuana dispensaries shall be located a minimum of five hundred (500) feet from any public park, as measured from the nearest property boundary of such parks to the boundary of the licenses premises.
iv.
Distance from residential properties. Medical marijuana dispensaries shall be located a minimum of one hundred (100) feet from any residential property in mixed use (MU-1 and MU-2) zones, as measured from the nearest property boundary of such residential property to the boundary of the licenses premises. There shall be no buffering requirement from any residential property in or adjacent to Community Commercial (C-2), Light Industrial (L-1) and Heavy Industrial (I-2) zones.
v.
Exemption from buffering requirements. There shall be no buffering requirements of any kind for medical marijuana dispensaries located within the Commercial Downtown zone.
vi.
Once the medical marijuana dispensary license is issued, the city will not preclude a school, commercial child care facility or park from locating within a buffer zone. A medical marijuana dispensary may then continue to operate at its present location. If a sensitive use later locates within the applicable buffer zone, however, the licensee continues so at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a medical marijuana dispensary near a school or commercial childcare facility.
vii.
No medical marijuana dispensary shall be located in a movable or mobile vehicle or structure and no retail marijuana products shall be delivered in the city unless such delivery is specifically permitted by Colorado law.
viii.
No medical marijuana dispensary shall be in a building containing residential units or containing a pediatrician office.
4)
Additional limitations. Medical marijuana dispensaries shall be subject to the following additional requirements.
a)
All medical marijuana dispensing and production/cultivation activities shall be conducted indoors.
b)
All product storage shall be indoors. Products, accessories and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. All products shall be in a sealed/locked cabinet except when being accessed for distribution.
c)
The business may only be open for the sale of medical marijuana during the hours of 9:00 a.m. to 7:00 p.m.
d)
No on-site consumption of marijuana is allowed on the premises or within one hundred (100) feet of the established medical marijuana dispensary.
e)
Cultivation of marijuana is only permitted when the premises are equipped with a ventilation system that filters out the odors of the marijuana so it is not detectable from the exterior of the business or from within any adjoining premises. Approval of such system from the building department is required prior to the cultivation process beginning.
f)
The sale or consumption of alcohol on the premises is prohibited, except for the sale of tinctures, which is permitted.
g)
All dispensaries shall be equipped with a secure safe that is utilized for the purposes of storing marijuana not then being actively cultivated when the business is open.
h)
All dispensaries shall provide adequate security on the premises. At a minimum the security shall include:
(1)
Security surveillance cameras installed to monitor the main entrance along the interior and exterior of the premises to discourage crime and to facilitate the reporting of criminal acts, as well as nuisance activities; security video shall be preserved for at least twenty (20) days by the business;
(2)
Robbery and burglary alarm systems that are professionally monitored and maintained in good working condition; and
(3)
Exterior lighting that illuminates the exterior walls of the business during evening hours and is in compliance with Paragraph 16.02.0150(B)(6) of this code pertaining to excessive illumination.
i)
It shall be unlawful for any medical marijuana dispensary to employ any persons who are not at least eighteen (18) years of age. Medical marijuana may only be obtained by individuals who are at least eighteen (18) years of age or older, with a legally recognized medical marijuana identification card.
5)
Signage requirements.
a)
All signage associated with a medical marijuana dispensary will meet the standards established in Title 16, Article 7 (Signs) of this code.
b)
No signage associated with a medical marijuana dispensary shall use the word "marijuana," "cannabis" or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded by the word "medical."
s.
Recreational vehicle parks.
3.
Conditional uses. Conditional uses permitted in the C-2 District are as follows:
a.
All conditional uses permitted in the CD District.
b.
Enclosed mini-storage facilities.
c.
Flea markets or swap meets.
d.
Gas, oil and other hydrocarbon well drilling and production.
e.
Light industry.
f.
Outdoor recreation facilities.
g.
Small animal boarding (kennels).
h.
Veterinary clinics (small animals).
4.
Temporary uses. Temporary uses permitted in the C-2 District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Carnival, circus, bazaar, fair and/or other events taking place on two (2) or more consecutive days.
c.
Concert, rally, race or other events scheduled for a single date.
d.
Parking for another temporary use.
5.
Property development standards: Please see the C-2 District standards below:
L.
I-1 - Light Industrial District.
1.
Intent. The I-1 - Light Industrial District is intended to provide locations for a variety of workplaces, including light industrial uses, research and development offices and other institutions. This district is also intended to accommodate secondary uses that complement and support the primary workplace uses, such as hotels, restaurants, convenience shopping and child care. Additionally, this district is intended to encourage the development of planned office and business parks; and to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes.
2.
Principal uses. Principal uses permitted in the I-1 District shall be as follows:
a.
All permitted uses in the C-2 District.
b.
Auto, recreational vehicle, boat and truck sales, rental and repair.
c.
Accessory buildings and accessory uses.
d.
Child care centers (licensed) for six (6) or more children.
e.
Clubs and lodges.
f.
Colleges and vocational or technical training schools.
g.
Convenience shopping and retail establishments.
h.
Dry-cleaning plants using nonflammable cleaning compounds in enclosed machines.
i.
Entertainment facilities.
j.
Equipment rental establishments with outdoor storage.
k.
Farm implement and equipment sales.
l.
Gasoline stations.
m.
Health and membership clubs.
n.
Light industry.
o.
Manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products or ice cream.
p.
Manufacturing, compounding, assembling or treatment of articles of merchandise from previously prepared materials, including: cellophane, canvas, cloth, cork, felt, fiber, fiberglass, glass, paper, plastics, precious or semiprecious stones, textiles, wood (excluding planing mills), yarns and paint not employing a boiling process.
q.
Medical and dental offices and clinics.
r.
Motor vehicle washes.
s.
Open air farmers' markets.
t.
Parking lots and parking garages.
u.
Parks and open space.
v.
Plant nurseries and greenhouses.
w.
Plumbing, electrical, welding, upholstery and carpenter shops.
x.
Professional and full-service financial services offices (includes banks).
y.
Public buildings and facilities, including repair and maintenance of vehicles.
z.
RV, truck and boat sales, rentals and storage.
aa.
Shooting galleries if conducted wholly within an enclosed structure.
bb.
Taverns or bars.
cc.
Veterinary facilities, small and large animal clinics and boarding.
dd.
Vocational, skills and technical training.
ee.
Warehouse, distribution and wholesale uses.
ff.
Workshops and custom small industry uses.
gg.
Recreational vehicle parks.
3.
Limitations. Any use in the I-1 District shall conform to the following requirements:
a.
Dust, fumes, odors, smoke, vapor and noise shall be confined to the site.
b.
All emissions shall comply with federal and state air pollution laws.
c.
Outdoor storage, equipment and refuse areas shall be concealed from view from abutting rights-of-way and from adjoining residential districts.
d.
Travel and parking portions of the lot shall be surfaced with asphalt or concrete.
e.
In addition to other lighting requirements of this code, light fixtures in parking areas shall be hooded and mounted not more than twenty-five (25) feet above the ground level and oriented in such a manner as not to shine into residential areas.
f.
Any limitations imposed by the city on pretreatment of wastewater discharge.
4.
Conditional uses. Conditional uses permitted in the I-1 District shall be as follows:
a.
Crematoriums.
b.
Enclosed mini-storage facilities with allowed outside storage.
c.
Limited indoor and outdoor recreation facilities.
d.
Mineral and natural resource exploration, extraction and related facilities.
e.
Storage of chemicals and other hazardous materials.
5.
Temporary uses. Temporary uses permitted in the I-1 District, and subject to time limits set forth by city staff at the time of permitting shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Parking for another temporary use.
c.
Concrete or asphalt batching plants (publicly owned).
6.
Property development standards: Please see the I-1 District standards below:
M.
I-2 - Heavy Industrial District.
1.
Intent. The I-2 - Heavy Industrial District is intended to provide a location for a variety of employment opportunities, such as manufacturing, warehousing and distribution, indoor and outdoor storage and a wide range of commercial and industrial operations.
2.
Principal uses. Principal uses permitted in the I-2 District shall be as follows:
a.
All permitted principal uses in the I-1 District.
b.
Asphalt or concrete batch plants.
c.
Blacksmith shops, welding shops or machine shops involving punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines.
d.
Enclosed mini-storage facilities.
e.
Foundries, iron or steel with fabrication plants and heavy casting.
f.
Heavy industry.
g.
Mineral and natural resource exploration, extraction and related facilities.
h.
Motor vehicle service and repair establishments (minor and major).
i.
Restaurants, standard and fast-food without drive-through facilities.
j.
Truck stops.
k.
Utilities.
3.
Limitations. Any use in the I-2 District shall conform to the following requirements:
a.
Dust, fumes, odors, smoke, vapor, noise and other emissions shall be confined to the site.
b.
All emissions shall comply with the federal and state air pollution laws.
c.
In addition to other applicable lighting requirements of this code, light fixtures in parking areas shall be hooded and mounted not more than twenty-five (25) feet above the ground level and oriented in such a manner as not to shine into residential areas.
d.
Outdoor storage, equipment and refuse areas shall be concealed from view from abutting rights-of-way and from adjoining residential districts.
e.
Travel and parking portions of the lot shall be surfaced with asphalt or concrete.
f.
Any limitations imposed by the city on the pretreatment of wastewater discharge.
4.
Conditional uses. Conditional uses permitted in the I-2 District shall be as follows:
a.
Accessory dwellings when associated with a permitted use.
b.
Adult uses, including product sales and entertainment.
c.
Bottling plants.
d.
Distilleries.
e.
Twenty-four-hour emergency clinics and medical offices.
f.
Equipment, truck and trailer rental establishments with outdoor storage.
g.
Manufacturing, fabrication and processing of building materials.
h.
Processing of raw materials.
i.
Recycling facilities.
j.
Storage of chemicals and other hazardous materials.
5.
Temporary uses. Temporary uses permitted in the I-2 District, and subject to time limits set forth by city staff at the time of permitting, shall include:
a.
Construction office and/or yard incidental to on-premises construction.
b.
Parking for another temporary use.
c.
Such other uses as might be deemed necessary by city staff.
6.
Property development standards. Please see the I-2 District standards below:
N.
PD - Planned Development Overlay District
1.
Intent. The PD - Planned Development is an overlay district that is used to supplement and modify certain provisions of a standard zone district. This PD District is established pursuant to the Planned Unit Development Act of 1972, as amended (Section 24-76-101, et seq., C.R.S.). The PD overlay may only be applied to already zoned land and should only be considered for projects that propose innovative, high-quality developments on larger parcels of land. The PD overlay permits greater flexibility in the application of zoning and development standards, greater freedom in the mix of land uses allowed in a project, transportation amenities, affordable housing, or other community benefits. PD projects are expected to provide above-average open space, recreational amenities and building design.
2.
Permitted uses. Uses permitted in any PD overlay shall be those uses permitted in the underlying standard zone district for the property. An applicant for a PD overlay may request modifications to the permitted uses of the underlying district. Conditional uses must meet the conditional use review criteria of the underlying district.
3.
PD District general requirements. Properties using the PD Overlay District are subject to the following:
a.
All PD applications shall be for a gross land area of over one (1) acre.
b.
Land area included in any PD application must be under unified landowner control and feature a master development plan.
c.
All PD developments must meet or exceed the open space and landscaping requirements of the underlying zone district.
d.
A PD application must include the written consent of the landowner whose property is included within the PD.
e.
All requirements set forth in this code otherwise applicable to the area of land proposed for a PD shall govern, except to the extent that the master development plan for residential, commercial, educational, recreational or industrial uses may propose exceptions in lot size, bulk, type of use, density, lot coverage, open space or other standards within the existing land use regulations. The city reserves the right to state that certain development standards are not open to modification.
4.
PD application procedure. A PD application will generally require both a subdivision and zoning review process by the city. For a project needing subdivision approval, the requirements of Chapter 4 of this title for sketch, preliminary and final platting shall be followed. For the PD zoning overlay application, the requirements for an amendment to the official zoning map as identified in Chapter 3 of this title shall be followed. Meetings, hearings and requirements necessary for a PD application may be combined.
a.
A PD application and fee per the city fee schedule (as adopted).
b.
A written description including:
1)
List all zoning exceptions proposed for the PD overlay.
2)
Identify the underlying zone district(s) and describe any proposed changes to permitted or conditional uses.
3)
Identify the benefits provided by the PD overlay that offset the requested modifications.
4)
Explain how the proposed PD will be compatible with adjacent neighborhoods or proposed developments.
c.
A PD development plan map using the plat map as the base and including a clear graphic and/or written representation of the following:
1)
All principal, conditional and accessory uses within each land use category within the PD; i.e., single-family, multifamily, commercial, etc., uses either listed specifically or by reference to the zoning districts within the city. In particular, note any modifications to the principal, conditional and accessory uses of the underlying zone district(s).
2)
Standards for principal, conditional and accessory uses within each land use category including:
a)
Minimum lot area.
b)
Maximum lot coverage.
c)
Maximum floor area ratio (total floor area to total lot area)
d)
Maximum building height.
e)
Parking requirements for principal, conditional and accessory uses.
f)
Any other information which the city may request.
3)
Proposed phasing for the development.
5.
PD review criteria. The following criteria shall be used by staff, the planning commission and city council to review PD applications:
a.
The proposed benefits offset the proposed exceptions to the zoning and subdivision standards, such that the exceptions are in the best interest of the public health, safety and welfare.
b.
The PD proposes creative and innovative design and high-quality development.
c.
The uses and densities proposed are compatible with and will be integrated with adjacent neighborhoods which exist or are proposed at the time of application.
d.
The proposed PD is in general conformance with the city master plan.
6.
Expiration of PD approval. Unless specifically extended by the city, a PD approval shall expire unless construction of private improvements within the PD is commenced within three (3) years of approval.
7.
Affordable housing. Planned development overlays shall seek to adopt strategies to increase the supply of affordable housing. Affordable housing is a benefit to the city that can be exchanged for flexibility to this code. Examples of affordable housing strategies include, but are not limited to the following:
a.
Deed restrictions on the appreciation or price of housing. With this strategy, the price of certain housing units remains affordable to residents who make a set percentage of the median income. Affordability is defined in Title 16.01.160 Definitions.
b.
Partnership with essential workforce providers. Developers may partner with the school district, the hospital, or other essential employers to provide deed restricted employee housing.
8.
Areas of flexibility. Affordable housing projects within PD developments may be eligible for certain areas of flexibility within our code, which include, but are not limited to:
a.
Off street parking requirements may be reduced to a minimum of .7 spaces per bedroom.
b.
Possible lot size reductions.
c.
Fee waivers or reductions
d.
Any PD that incorporates four (4) or more units of affordable housing, will be considered for expedited reviews for both planning and permit submittals.
(Ord. 1160, § 1, 2024; Ord. 1140 §1, 2023; Ord 1101 §§1, 2, 2019; Ord. 1045 §§1, 2, 2015; Ord. 1039 §§2, 3, 2014; Ord. 1004 §1, 2010; Ord. 998 §1, 2009; Ord. 983 §1, 2008; Ord. 974 §1, 2007; Ord. 969 §2, 2007; Ord. 962 §§1, 2, 2007)
16.03.050 - Conditional uses.
A.
Purpose. In order to provide flexibility and help diversify uses within a zoning district, specified uses are permitted subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this section is intended to assure compatibility and harmonious development between conditional uses, surrounding properties and the city at large. Conditional uses may be permitted subject to such conditions and limitations as the city may prescribe to ensure that the location and operation of the conditional use will be in accordance with the conditional use criteria and the intent of this code and each zoning district. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.
B.
Conditional use review process.
1.
Step 1: Conditional use application. The applicant shall submit one (1) copy of the complete conditional use application package to the city and shall request that the application be reviewed by the planning commission and city council. Conditional use requests shall include:
a.
An application fee per the city fee schedule (as adopted).
b.
A conditional use application form.
c.
A title commitment or proof of ownership.
d.
A written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all conditional use review criteria have been satisfied.
e.
A map showing the proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features.
f.
Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance and scale of all buildings.
g.
Such additional material as the city may prescribe or the applicant may submit pertinent to the application.
h.
A list of the names and addresses of property owners within one hundred fifty (150) feet and mineral interest owners and lessees.
2.
Step 2: Conditional use application certification of completion and report to planning commission. Within a reasonable period of time, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the city. The original application and all documents requiring a signature shall be signed in blue ink. After a complete application is received, staff shall prepare a report to the planning commission explaining how the application is or is not consistent with the conditional use application review criteria.
3.
Step 3: Planning commission review of the conditional use application. The planning commission shall hold a meeting to review the application and determine if the application complies with the conditional use review criteria. The planning commission will then recommend to the city council approval, approval with conditions or denial.
4.
Step 4: Set conditional use public hearing date and notify public of hearing before the city council. The city shall send notice of the public hearing to the applicant and the parties for whom the applicant has provided contact information and to the referral agencies deemed appropriate by city staff. Such notice shall be sent within a reasonable length of time before the hearing. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property and the applicant's name. A public hearing notification sign shall be posted on the property by the applicant. Such posting shall be in a location and in a manner that makes it clearly visible from the adjoining street. The city shall publish notice in a newspaper of general circulation. The hearing may be held a reasonable length of time after the date of property posting and newspaper publication. If the conditional use request is accompanying another application which is scheduled for public hearing before the city council, one (1) public hearing may be held on both applications.
5.
Step 5: City council public hearing and action on the conditional use. The city council shall hold a public hearing on the conditional use application. Following the public hearing, the city council may approve, conditionally approve or deny the conditional use application based on the conditional use review criteria and the intent of this code. A conditional use permit may be revocable, may be granted for a limited time period or may be granted subject to conditions as the city council may prescribe. Conditions may include, but shall not be limited to: requiring special setbacks, open spaces, fences or walls, landscaping or screening, street dedication and improvement, regulation of vehicular access and parking, signs, illumination, hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds and prescription of development schedules.
C.
Conditional use review criteria. The city shall use the following criteria to evaluate the applicant's request:
1.
The conditional use will satisfy all applicable provisions of this code unless a variance to a provision of this code is being requested.
2.
The conditional use will conform with or further the goals, policies and strategies set forth in the master plan.
3.
The conditional use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.
4.
The conditional use will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district.
5.
The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
6.
Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall, at a minimum, satisfactorily address the following impacts:
a.
Traffic;
b.
Activity levels;
c.
Light;
d.
Noise;
e.
Odor;
f.
Building type, style and scale;
g.
Hours of operation;
h.
Dust; and
i.
Erosion control.
7.
The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.
(Ord. 962 §§1, 2, 2007)
16.03.060 - Nonconforming uses and buildings.
Except as provided in this section, the lawful use of any building or land existing at the time of enactment of this chapter, or of any amendments to this code, may be continued even though such use does not conform to the requirements of this code. The following provisions apply to all nonconforming uses or buildings:
1.
Abandonment. Whenever a nonconforming use or building has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this chapter.
2.
Completion. Any building or structure for which a building permit has been issued prior to the date of enactment of this chapter may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently pursued to completion.
3.
Displacement. No nonconforming use or building shall be altered, extended or restored so as to displace any conforming use. A mobile home or trailer used as a dwelling in any district may not be altered in any way. When it is removed, it may be replaced only with a conforming use.
4.
Extensions. A nonconforming use shall not be expanded in land area, amount of activity from or to the use or amount of materials for the use. The extension of a conforming building shall not be deemed, by itself, the extension of such nonconforming use located in the building; however, nonconforming businesses in RLD, RMD and RHD Districts shall not be extended under any circumstances.
5.
Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.
6.
Restoration. A nonconforming building which has been damaged by fire or other natural causes may be restored to its original use, condition, and overall footprint, provided that: (a) There was not an active condemnation/demolition notice on file for the structure at the time of the calamity: and (b) the work is commenced within one hundred eighty (180) days of such calamity. Note: The building official may grant one extension of up to one hundred eighty (180) days for reasons such as but not limited to: Insurance claim delays and/or contractor availability.
7.
Unsafe Buildings. Any nonconforming building or portion thereof declared unsafe by the building inspector may be strengthened or restored to safe condition. However, any nonconforming building that becomes in such disrepair that it is required by the building inspector to be demolished, or is willingly demolished by the property owner or agent shall not be reestablished, and any future use shall be in conformance with the provisions of this chapter.
(Ord. 1161, § 1, 2024; Ord. 962 §§1, 2, 2007)
16.03.070 - Variances.
A.
Purpose. The planning commission shall hear and decide all requests for a variance from the requirements of this code. The city council, acting as the board of adjustment (BOA), shall hear and decide all requests for appeals of the decisions of either the planning commission or administrative staff following procedures in this section. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Master Plan or impair the intent and purpose of this code.
B.
Variance application. Any person of interest, or an officer or department of the city, may apply for a variance from the literal interpretation of the provisions of this code.
1.
For a variance request, the applicant shall submit the following to the city:
a.
An application fee per the city fee schedule (as adopted).
b.
A variance request form.
c.
A title commitment or proof of ownership.
d.
An explanation letter identifying the variance being requested, a citation of the portion of this title from which relief is requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the variance. The letter shall also address how the variance, if granted, will not be detrimental to the public good, create a conflict with the Master Plan or impair the intent and purpose of this code.
e.
A map. Staff will specify map requirements based on the variance being requested. The map shall typically consist of a scale drawing depicting the property affected by the variance request, including but not limited to required or existing setbacks and proposed setbacks from adjacent lot lines or structures and any other information that will assist the planning commission and board of adjustment in understanding the request.
f.
A list of names and addresses of property owners within one hundred fifty (150) feet and mineral interest owners and lessees.
C.
Set public hearings and complete public and referral agency notification. The city shall schedule public hearings before the planning and zoning commission and the BOA. A public hearing notification sign shall be posted on the property by the applicant. Such posting shall be in a location and in a manner that makes it clearly visible from the adjoining street. The city shall publish notice in a newspaper of general circulation. The hearings may be held a reasonable length of time after the date of posting of the property and newspaper publication.
D.
Planning commission public hearing and action on the variance request. The planning commission shall make the decision on variances at a regular meeting of the planning commission.
1.
The appellant, or the applicant for a variance, has the burden of proof to establish the necessary facts to warrant favorable action of the planning commission.
2.
The planning commission shall have all the powers of the applicable city administrative official on the action appealed. The planning commission may in whole or in part affirm, reverse or amend the decisions of the applicable city administrative official.
3.
The planning commission may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this title.
4.
The planning commission may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. A variance may be granted for an indefinite duration or a specified period of time.
5.
No single decision of the planning commission sets a precedent. The decision of the planning commission shall be made on the particular facts of each case.
6.
Decisions of the planning commission shall be in writing.
E.
Variance criteria for approval.
1.
The planning commission shall not grant a variance to this code which:
a.
Permits a land use not allowed in the zoning district in which the property is located;
b.
Is in the public right-of-way or on public property;
c.
Alters any definition of this title;
d.
Is other than the minimum variance that will afford relief with the least modification possible to the requirements of this code;
e.
Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to this code;
f.
Is based exclusively on findings of personal or financial hardship (Convenience, profit or caprice shall not constitute undue hardship.); or
g.
Will either result in the extension of a nonconforming situation, use, building or lot, authorize the initiation of a nonconforming use of land or conflict with the goals and policies of the Master Plan.
2.
In order to grant a variance to this title, the planning commission shall find that all the following have been satisfied:
a.
That there are unique physical circumstances or conditions of the land, such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition of the land particular to the affected property;
b.
That, because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this title;
c.
That such unique physical circumstances or conditions are unique and unusual or nearly so, rather than one shared by many surrounding properties;
d.
That, due to such unique physical circumstances or conditions of the land, the strict application of this title would create a demonstrated hardship;
e.
That the demonstrable hardship is not self-imposed;
f.
That the hardship or poor land use of which the applicant complains is one suffered by the applicant alone and not by neighbors or the general public;
g.
That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or the neighborhood;
h.
That the variance, if granted, will not change the character of the zoning district in which the property is located;
i.
That the variance, if granted, is in keeping with the intent of this title;
j.
That the variance, if granted in a floodplain or floodway, meets the requirements of floodplains and floodways of this title and any other applicable law; and
k.
That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the city.
The condition of any variance authorized shall be stated in writing in the minutes of the planning commission with the justifications set forth.
F.
Administrative variance. A request may be made for an administrative ruling and award of a variance to certain provisions of this code. Criteria for granting an administrative variance shall include all of the following:
1.
The variance being requested meets the predominant setback line established on the basis of the average of existing front yard setbacks within a block frontage;
2.
That the land use proposed by the variance request matches the predominant land use of buildings occupied within the block on which the variance is requested;
3.
That the variance, if granted, will not adversely affect the proposed development or use of adjacent properties or the neighborhood;
4.
That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the city.
Any administrative variances will be deemed approved upon written communication from the city stating the approval with any conditions that may be imposed.
G.
Appeal of decisions of the planning commission or administrative action. Any appeal of the decision of the planning commission or an administrative decision subject to appeal may be made to the board of adjustment as provided by this section; provided, however, that such appeal must be made within thirty (30) days following the date of the final action taken by the planning commission.
(Ord. 969 §§2, 2007; Ord. 962 §§1, 2, 2007)
16.03.080 - Amendments; zoning; rezoning.
A.
Initiation of amendments to text or official zoning map. The city council may, from time to time, amend, supplement, change or repeal the regulations and provisions of this title. Amendments to the text of this title may be initiated by the city council, city staff, the planning commission or written application of any property owner or resident of the city. Rezoning or amendments to the zoning district map may be initiated by the city council, city staff, the planning commission or a real property owner in the area to be included in the proposed amendment.
B.
General rezoning of the city. Whenever the official zoning map is in any way to be changed or amended incidental to or as part of a general revision of this title, whether such revision is made by repeal of this title and enactment of a new chapter or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the city hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments.
C.
Rezoning application process. The following process shall apply when a property owner applies for different zoning for his or her property).
1.
Step 1: Optional preapplication conference. The applicant may attend a preapplication conference with city staff. The purpose of the meeting is to discuss the zoning amendment, submittal requirements and review process.
2.
Step 2: Zoning amendment application submittal. The applicant shall submit one (1) copy of the complete zoning amendment application package to the city and shall request that the application be reviewed by the planning commission and city council.
Note: In the case of text amendments, only items "a" and "b" below are required. The zoning amendment application shall include:
a.
A completed zoning amendment application form, application fee per the city fee schedule (as adopted) and fee reimbursement agreement (if requested).
b.
If the proposed change is a text amendment only, a written description of the proposed change to the text of this title, including the citation of the portion of the title to be changed and the wording of the proposed change must be included. The description must provide the rationale for the proposed change, citing specific difficulties with the existing text and similar provisions in zoning codes of other jurisdictions that support the rationale of the proposed change.
c.
A legal description of all property to be considered for rezoning.
d.
A title commitment or current proof of ownership.
e.
If the land proposed for rezoning is not subdivided, or if a zoning district boundary is proposed to bisect a platted parcel, a zoning amendment map (fifteen [15] copies) of the area, including the proposed change, sized twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:
1)
North arrow, scale (1" = 100' or 1" = 200') and the date of preparation.
2)
The subdivision or block and lot name of the area to be zoned (if applicable) at the top of each sheet.
3)
A legal description of the area to be zoned (entire area and individual zoning districts). On property that is not subdivided, zone boundaries shall be determined by a metes-and-bounds description.
4)
The location and boundaries, including dimensions, of the property proposed for rezoning.
5)
The acreage or square footage contained within the property proposed for rezoning.
6)
All existing land uses in the proposed rezoning area.
7)
Zoning and existing land uses on all lands adjacent to the proposed rezoning.
8)
The location and dimensions for all existing public rights-of-way, including streets and centerlines of watercourses within and adjacent to the rezoning.
9)
The names of all adjoining subdivisions with lines of abutting lots, and departing property lines of adjoining properties not subdivided.
10)
Certificate blocks for the surveyor, planning commission, city council and county clerk and recorder.
11)
An AutoCAD™ drawing file (Release 12 or higher) of the zoning amendment map on a compact disc or other electronic transfer method acceptable to the city.
f.
A written statement describing the proposal and addressing the following points:
1)
The rationale for the proposed rezoning;
2)
Present and future impacts on the existing adjacent zone districts, uses and physical character of the surrounding area;
3)
Impact of the proposed zone on area accesses and traffic patterns;
4)
Availability of utilities for any potential development;
5)
Present and future impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools and transit;
6)
The relationship between the proposal and the Comprehensive Plan; and
7)
Public benefits arising from the proposal.
g.
Names and addresses of property owners within one hundred fifty (150) feet and mineral interests and lessees.
3.
Step 3: Rezoning/amendment application certification of completion. Within a reasonable period of time, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the city. The original application and all documents requiring a signature shall be signed in blue ink.
4.
Step 4: Final staff review and report to planning commission. Staff shall complete a final review of the resubmitted materials and prepare a report to the planning commission explaining how the application is or is not consistent with the criteria for amendments to the official zoning map or criteria for amendments to the text of the zoning code.
5.
Step 5: Set rezoning/amendment public hearing before the planning commission and complete public notification process. The city shall send notice of the public hearing to the applicant, the parties shown on the list of surrounding property owners/mineral interests and the appropriate referral agencies a reasonable length of time before the initial planning commission public hearing. Such notice shall not be required for text amendments. For zoning map amendments, a public hearing notification sign shall be posted on the property by the applicant. Such posting shall be in a location and in a manner that makes it clearly visible from the adjoining street. The city shall publish notice in a newspaper of general circulation. The public hearing may be held a reasonable length of time after the date of posting of the property and newspaper publication. If the zoning amendment request is accompanying another application which is scheduled for public hearings before the planning commission and city council, one (1) public hearing may be held on both applications.
6.
Step 6: Planning commission public hearing and action on the zoning amendment. The planning commission shall hold a public hearing to review the zoning amendment based on the criteria for amendments to the official zoning map or the criteria for text amendments to the code. The planning commission shall then make a recommendation to the city council to approve, conditionally approve or deny the zoning amendment application.
7.
Step 7: Finalize amendment based on planning commission comments. The applicant shall revise the zoning amendment application based on the planning commission's comments and submit it to the city.
8.
Step 8: Set citycouncil public hearing and complete public notification process. The city council shall schedule a public hearing for the purpose of taking action on the zoning amendment. The city shall publish notice in a newspaper of general circulation. The hearing may be held no less than ten (10) days from the date of advertising.
9.
Step 9: Notify parties of interest. Not less than ten (10) days before the date scheduled for the initial city council public hearing, staff shall notify the applicant, the parties for whom the applicant provided public hearing notification addresses and the appropriate referral agencies. The notice shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property and the applicant's name. Such notice shall not be required for text amendments.
10.
Step 10: City council public hearing and action on the zoning amendment. The city council shall, after receiving the report and recommendations from the planning commission, hold a public hearing and act upon the proposed amendment. Following the required hearing, the city council shall consider the comments and evidence presented at the hearing, evaluate the application in accordance with the criteria listed below and approve, approve with conditions or deny the application, in whole or in part. The city council can require that an area being rezoned have an approved planned development overlay zone prior to development, in which case the district designation on the official zoning map shall be followed by "(PD)." Decisions by the city council with all conditions shall be done by resolution.
D.
Criteria for amendments to the official zoning map. For the purpose of establishing and maintaining sound, stable and desirable development within the city, the official zoning map shall not be amended except:
1.
To correct a manifest error in an ordinance establishing the zoning for a specific property;
2.
To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the city generally;
3.
The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Master Plan;
4.
The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Master Plan, and the rezoning will be consistent with the policies and goals of the Master Plan;
5.
The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or
6.
A rezoning to planned development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.
This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.
E.
Criteria for text amendments to the code. For the purpose of establishing and maintaining sound, stable and desirable development within the city, the text of this title shall not be amended except:
1.
To correct a manifest error in the text of this title;
2.
To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the city staff;
3.
To accommodate innovations in land use and development practices that were not contemplated at the adoption of this title; or
4.
To further the implementation of the goals and objectives of the Master Plan.
F.
Map - Amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the city shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current official map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.
(Ord. 962 §§1, 2, 2007)
16.03.090 - Wireless telecommunication facilities and equipment.
A.
Permitted zoning district. Wireless telecommunication services facilities shall be treated as a utility and as such are a permitted principal use in the I-1 and I-2 Zoning Districts and as a conditional use in all other zoning districts.
B.
Use permitted by conditional review. It is unlawful for any person to install or operate such a wireless telecommunication services facility in the O, A, RR, RLD, RMD, RHD, RMH, MU, CD or C-2 District unless a use by conditional review has first been approved by the city council as provided in this code. The approval of such use by conditional review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state and federal governments.
C.
Application requirements.
1.
Site plans. The site plans for a wireless telecommunication service facility shall be submitted on one (1) or more plats or maps, at a scale not less that 1" = 50', showing the following information:
a.
The proposed size, location and boundaries of the wireless telecommunication service facility site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates and a legal description of the proposed site;
b.
Elevations of all towers and equipment, indicating materials, overall exterior dimensions and colors;
c.
True north arrow;
d.
Locations and size of existing improvements, existing vegetation, if any; location and size of proposed improvements, including any landscaping;
e.
Existing utility easements and other rights-of-way of record, if any;
f.
Location of access roads;
g.
The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred (400) feet of the site; zoning and uses of adjacent parcels;
h.
Title commitment or proof of ownership; and
i.
The location in both latitude/ longitude and UTM meters.
2.
Vicinity maps. The vicinity maps submitted with an application under this chapter shall include one (1) or more maps showing the location of existing and planned commercial mobile radio service facilities belonging to the applicant, within five (5) miles of the proposed facility. Planned facilities may be identified in general terms and need not be address-specific.
3.
Written narrative. The application shall include the following in narrative form:
a.
The applicant's and surface owner's names, addresses, signatures and designation of agent, if applicable;
b.
An explanation of the need for such a facility, operating plan and proposed coverage area;
c.
If a freestanding facility is proposed, an analysis of alternatives to a freestanding facility within a one-mile radius of the facility;
d.
A list of all permits or approvals obtained or anticipated to be obtained from local, state or federal agencies other than the Federal Communications Commission (FCC);
e.
Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields;
f.
Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts;
g.
Affirmation that the facility will not interfere with any public safety frequencies servicing the city and its residents;
h.
Affirmation that, if approved, the applicant and surface owner will make the facility available, on a reasonable basis, to other service providers; and
i.
An explanation of compatibility with the Comprehensive Plan.
D.
Review criteria. The recommendation of the planning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed wireless telecommunications service facility meets the following standards:
1.
The site plan complies with the foregoing requirements;
2.
The vicinity map complies with the foregoing requirements;
3.
The narrative for the application complies with the foregoing requirements;
4.
When applicable, compliance with the setback and height requirements;
5.
When applicable, compliance with the accessory building requirements; and
6.
When applicable, compliance with conditional mitigation colocation requirements as set forth.
The review criteria shall be included in the ordinance granting approval of the conditional use.
E.
Height and setback requirements. In all performance districts where wireless telecommunications service facilities are allowed as uses by conditional review, the following apply:
1.
Roof- or building-mounted commercial mobile radio service facilities may protrude no more than five (5) feet above the parapet line of the building or structure, nor more than two and one-half (2½) feet outside of the building wall unless sufficient screening methods are demonstrated and accepted as part of the approval;
2.
Roof- or building-mounted whip antennas of no more than three (3) inches in diameter, in groupings of five (5) or less, may extend up to twelve (12) feet above the parapet wall; and
3.
Applicable zoning setback requirements of this title must be met. At a minimum, all freestanding facilities shall be set back at least three hundred (300) feet from all residentially zoned properties or residential structures on properties otherwise zoned.
F.
Accessory buildings requirements.
1.
Accessory buildings located on the ground shall be no larger than four hundred (400) square feet and must be constructed of durable, low-maintenance materials, architecturally compatible and integrated with existing buildings and structures. Sites with greater than one hundred (100) cubic feet of cabinet area, visible from a public right-of-way or a residentially zoned or used area, must enclose the equipment in accessory buildings.
2.
Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient by the city.
G.
Building- or roof-mounted facilities requirements. Building- or roof-mounted facilities are to be screened from public view, either by screening, location or other techniques deemed sufficient.
H.
Freestanding wireless telecommunications facilities requirements. All freestanding wireless telecommunications facilities shall be designed and constructed in such a manner that they are:
1.
Capable of serving, through original construction, expansion or replacement, a minimum of two (2) users;
2.
Constructed as a monopole, which tapers toward the top of the pole to the degree allowed by structural requirements, unless some other decorative type of structure is proposed and approved;
3.
Of a neutral color, including fencing, buildings and cabinets, or to match existing buildings;
4.
Hold only lighting required by the Federal Aviation Administration, and no signage;
5.
No higher than fifty (50) feet from the ground, with an additional twenty (20) feet per co-locating user permitted, up to a maximum height of seventy (70) feet. Exceptions may be granted by the city council upon request by the applicant where it is shown that a higher pole is necessary to promote service within the city and no alternative is available; and
6.
Constructed in accordance with a registered engineer's specifications and in compliance with all applicable building codes.
I.
Conditional mitigation measures co-location.
1.
The city encourages co-location of wireless telecommunications facilities to minimize the number of sites.
2.
No wireless telecommunications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the use by conditional review or site development plan.
J.
Application fee. Each applicant shall pay a nonrefundable processing fee per the city fee schedule, as adopted, to reimburse the city for the legal, engineering and land planning costs of reviewing the application. Legal publication costs are in addition to the fee and will be billed separately by the city. No permit will be issued until all fees are paid.
K.
Abandonment. At the request of the city council, the operator must furnish a statement to the city indicating the operational status of the facility. If the use has been discontinued, the date on which the facility was last used shall also be provided. Commercial mobile radio service facilities not used for a continuous period of six (6) months shall be disassembled within twelve (12) months of the last use.
L.
Penalty. Any person who constructs, installs or uses, or who causes to be constructed, installed or used, any wireless telecommunications facility in violation of any provision of this chapter or of the conditions and requirements of the conditional use permit, may be punished as provided in any applicable franchise agreement, as well as this code. Each day of unlawful operation constitutes a separate violation.
M.
Civil action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used or any land is or is proposed to be used in violation of any provision of this code or the conditions and requirements of the commercial mobile radio service facility special use permit, the city attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.
(Ord. 962 §§1, 2, 2007)
16.03.100 - Home occupations.
A.
Intent. It is the intent of the city to allow in-home commercial activities in the A, RR, RLD, RMD, RHD, RMH, MU, CD and C-2 Districts when the nature and operation of the in-home business is not evident or detrimental to the peace, enjoyment and quality of life in the neighborhood.
B.
Home occupations must meet the following standards:
1.
Medical and dental offices are not permitted as home occupations.
2.
In addition to the family occupying the dwelling containing the home occupation, there shall not be more than one (1) outside employee working at the site of the home occupation.
3.
The employee and clients may park in on-street curbside parking spaces.
4.
The home occupation shall not exceed one thousand (1,000) square feet or thirty percent (30%) of the total floor area of the dwelling, whichever is less, or can be located in an accessory building not to exceed five hundred (500) square feet. The home occupation shall be conducted entirely within the dwelling or designated accessory buildings.
5.
The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.
6.
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation, including advertising signs or displays or advertising that solicits or directs persons to the address.
7.
On-premises exterior storage of material or equipment used as a part of the home occupation is permitted as a conditional use only in the A and RR Districts.
8.
No equipment or process shall be used in such home occupation which creates any glare, fumes, odors or other objectionable conditions detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or in an accessory building to a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling.
9.
Proprietors of home occupations shall register annually with the city, which registration shall include a review of compliance with the home occupation standards contained in this code and an application for a business license or license renewal if required by this code.
10.
The following uses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area, shall not be permitted as home occupations: motor vehicle repair or motorized implement repair; dance, music or other types of instruction (if more than four [4] students being instructed at one [1] time); dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; radio and television repair; barbershops and/or beauty shops; machine or welding shops; nursing homes; sexually oriented businesses; and, irrespective of whether the use may be categorized as a sexually oriented business, any retail or wholesale sales to consumers upon the premises of any types of materials specified in this title which describe or depict specified sexual activities or specified anatomical areas.
11.
All exterior aspects of the home occupation operation shall not disrupt the residential character of the area.
12.
A maximum of ten (10) client vehicle trips per day may visit the home occupation.
(Ord. 962 §§1, 2, 2007)
16.03.110 - Accessory uses and structures.
A.
Accessory uses. An accessory use is naturally and normally incidental to a principal use and complies with all the following conditions:
1.
Is customary to and commonly associated with the operation of the principal use.
2.
Is clearly subordinate and incidental to the principal use.
3.
Is operated and maintained under the same ownership as the principal use on the same lot.
4.
Includes only those structures or structural features consistent with the principal use.
5.
Is not detrimental to the character of the area in which the lot is located.
6.
Is related to the principal use and actively maintained at the same time as the principal use.
7.
The gross floor area utilized by all accessory uses, except a private garage, shall not exceed ten percent (10%) of the total floor area of the principal use which is active and operational. The maximum square footage of the portion of a lot used for an accessory use shall be determined based on the above criteria; however, in no event shall the square footage of the portion of the lot used for the accessory use exceed twenty-five percent (25%) of the square footage of the principal use which is active and operated at the same time as the accessory use.
8.
There shall be no more than one (1) accessory building, unless a detached garage is an accessory use on the property, then one (1) other accessory building on the lot shall be allowed.
9.
May include home occupations, as defined by this code and/or by zone district.
B.
Uses accessory to residential uses. Without limiting the generality of Paragraph A.1 above, the following activities, so long as they satisfy the general criteria set forth above, are specially regarded as accessory to residential principal uses:
1.
Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation which are regulated separately in this code, and provided that such use does not generate additional traffic to the location.
2.
Hobbies or recreational activities of a noncommercial nature, limited to the premises.
3.
The renting out of one (1) or two (2) rooms within a single-family residence (provided that these rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling. This accessory use must meet the following conditions:
a.
The total number of unrelated persons, including roomers, in any one (1) dwelling unit does not exceed three (3).
b.
Sleeping areas used by the roomers are not more than twenty-five percent (25%) of the total square footage of the principal residence.
c.
The dwelling unit has only one (1) electric meter.
d.
Where the renting of rooms is to two (2) roomers, at least one (1) off-street parking space must be provided, in addition to the number of such spaces required by this code.
e.
All roomers shall use the main kitchen facilities of the dwelling unit. No separate kitchen facilities are allowed.
f.
The rented rooms are in the principal building on a lot only.
C.
Without limiting the generality of Paragraph A.1 above, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:
1.
Storage, outside of a substantially enclosed structure, of any motor vehicle that is not licensed or not operational.
2.
Parking, outside a substantially enclosed structure, of more than four (4) motor vehicles between the front building line of the principal building and the street on any lot.
D.
Accessory buildings and structures.
1.
Accessory buildings are detached from, and more than fifty percent (50%) smaller than the footprint of the principal building, or may be a two-car garage of not more than one thousand five hundred (1,500) square feet on a lot. Accessory buildings may be a maximum of twenty (20) feet in height and shall be:
a.
Integrally related to the principal use on the lot;
b.
Subordinate and clearly incidental to the principal building or use of the lot;
c.
Customarily incidental to the principal building or use of the lot;
d.
Located on the same lot as the principal building;
e.
Used only at the same time as the principal building is active and operational;
f.
Not detrimental or an alteration of the character of the area in which the building is located; and
g.
Not used for living or sleeping quarters.
2.
An accessory building or structure shall include, but not be limited to, storage sheds and detached garages in residential zoning districts. Microwave dishes, antennas and similar devices which have a surface area of six (6) square feet or larger shall also be considered accessory structures and shall comply with requirements for accessory buildings and structures, including height requirements.
3.
Accessory buildings that have a total floor area not exceeding one hundred twenty (120) square feet do not require a building permit.
4.
Accessory buildings and structures must meet setback and other design standard requirements in each zone district.
5.
Garages in residential zone districts shall resemble the principal building in colors and architectural style.
(Ord. 1004 §1, 2010; Ord. 962 §§1, 2, 2007)
16.03.120 - Accessory dwelling unit (ADU).
A.
An accessory dwelling unit, when allowed, shall conform to the following requirements:
1.
ADU's may be any of the following:
a.
An integrated unit within an existing single-family home.
b.
An attached (addition) unit to the existing single-family home.
c.
A detached unit, either within an accessory structure such as a garage, or its own free-standing unit.
2.
New ADU's will only be allowed as a permitted use in the following zone districts: Agricultural (A), Rural Residential (RR), Residential Medium Density (RMD), Residential High Density (RHD), and Mixed Use (MU) where the low allows for the requirements of setbacks, height, and parking with a minimum lot size of six thousand (6,000) square feet. New ADU's will only be allowed in Residential Low Density (RLD) zones when approved by city council as a conditional use.
3.
No zone district will allow an ADU to act as a short-term rental.
4.
ADU's shall be no less than three hundred (300) square feet and no more than eight hundred fifty (850) square feet or equal to fifty percent (50%) of the total living area (excluding garage) of the principal dwelling, whichever is less.
5.
ADU's shall be limited to no more than two (2) bedrooms.
6.
Only one (1) ADU shall be allowed per residential lot.
7.
ADU's may be a maximum of twenty-five (25) feet in height, or the height of the principal dwelling, whichever is less.
8.
ADU's must meet all setbacks associated with the zone district they are located in.
9.
Materials and design of the ADU shall be substantially the same as the principal dwelling architecture in material, color, and style.
10.
An ADU may not be a manufactured home or a recreational vehicle. A detached ADU or ADU addition to an existing home must be a stick-built structure on an engineered frost protected foundation designed per the current adopted version of the International Residential Code (IRC). The existing structure may be a manufactured home, as long as the existing manufactured home is a legal conforming use for the zone district it is located in.
11.
Generally, second floor windows, balconies, second story decks and exterior stairs of detached units shall face streets or alleys and not side lot lines in order to protect the privacy of the adjacent lots rear yard.
12.
Each accessory dwelling unit shall provide one (1) dedicated off-street parking space for each bedroom. The garage, if present may not be considered a parking space for the ADU, unless specifically used for the ADU. The parking space(s) must match the adjacent roadway of alley in type of surface material.
13.
Detached ADU's shall have separate water and sewer taps and service lines independent of the principal dwelling. (Exception: Integrated/attached ADU's can share water and sewer services with the principal dwelling.)
14.
Accessory dwelling units shall not be allowed where protective covenants affecting the lot prohibit them.
(Ord. 1140 §1, 2023)