Kalispell City Zoning Code
CHAPTER 27
20 SUPPLEMENTARY REGULATIONS
§ 27.20.010 Intent.
The supplementary regulations listed and described herein apply to a specific district, to several districts, or to all districts. These regulations pertain to certain specific uses, authorize certain exemptions, or relate to unusual conditions.
(Ord. 1677, 7-19-2010)
§ 27.20.020 Accessory Uses.
In addition to any permitted or conditionally permitted principal uses, accessory uses and structures are permitted as set forth in this section.
(1)
General Provisions. Each permitted accessory use shall:
(2)
Standards for Accessory Uses and Structures. The following is a list of restrictions on accessory uses and structures:
(a)
Setbacks.
Front | Side | Rear | Side Corner | |
|---|---|---|---|---|
Accessory Structures (larger than 400 square feet) in all zones except B-4 | See setback for principal structure | 5 ft | 5 ft | See setback for principal structure |
Accessory Structures (400 square feet or less) in all zones except B-4 | See setback for principal structure | 5 ft (N/A if to the rear of the principal structure) | N/A | See setback for principal structure |
B-4 | N/A | N/A | N/A | N/A |
When a garage or carport is entered from an alley, it shall not be located closer than 10 feet from the alley right-of-way line. When a garage or carport is entered from any other public or private right-of-way, it shall not be located closer than 20 feet from the right-of-way line unless a greater setback is provided for under the particular zoning district development standards.
(b)
In R and RA zones, accessory structures shall not exceed 18 feet in height and are limited to single story construction. Accessory structures in other zones shall not exceed the maximum height for principal structures as provided under the particular zoning district development standards.
(c)
No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory.
(d)
Accessory structures shall be limited to no more than 1,000 square feet in size.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011; Ord. 1771, 6-6-2016)
§ 27.20.025 Airport Affected Area.
The Kalispell City Airport Affected Area Ordinance, as it presently is written and as it may be amended in the future, is hereby incorporated by reference into the Kalispell Zoning Ordinance.
(Ord. 1744, 10-6-2014)
§ 27.20.027 Cellular Service Antennae Location.
Cellular service antennae may locate on any existing or proposed structure that is otherwise allowable pursuant to the regulations applicable to that district, provided that the antennae does not extend above or beyond the envelope of the structure without taking steps to visually camouflage its presence, such as within belfries, chimneys, elevator housings, or similar architectural features that would customarily be a part of the structure and tend to add to the architectural character of the structure.
(Ord. 1771, 6-6-2016)
§ 27.20.029 Entrance Corridor Standards.
The purpose of this section is to implement development standards applicable to gateway entrances to the community. The entrances to the City of Kalispell are an important gateway to the community, and as such should be developed in such a way that they create an inviting and positive first impression of the community. The standards contained herein are intended to protect the health, safety and welfare of the traveling public by preventing or reducing traffic congestion and distracting visual clutter associated with developments along major thoroughfares into and out of the City. The standards achieve the stated purpose by addressing the following physical characteristics of development: setbacks, landscaping, pedestrian access, bike access, architectural design, outdoor storage and access control.
(1) Buffer area. Monument sign.
Definitions. As used in this section, the following definitions apply:
An area of land, including landscaping and earth berms of a particular property adjoining a designated principal arterial right-of-way.
A two-sided freestanding sign attached to a permanent foundation or decorative base constructed of permanent material, such as concrete block or brick and not attached or dependent on support from any building, pole, posts or similar uprights.
(2)
Gateway Entrance. Gateway entrances are established along principal arterials entering and exiting Kalispell. Principal arterials are at the highest level of the transportation hierarchy and provide the highest capacity for vehicular traffic volumes. Principal arterials provide for major traffic movements through the city at the highest efficiency possible, with right-of-way typically yielded by roadways of lower hierarchy. Principal arterials promote connectivity to other arterials, serve the longest trips, and carry the major portion of trips entering and leaving the overall area. Principal arterials provide the highest level of access control, making access to abutting land subordinate to the provision for vehicular travel. Speeds can vary between 25 and 65 miles per hour and traffic volumes carry between 10,000 and 35,000 vehicles per day.
(3)
Buffer Setbacks Established. The buffer requirement for each gateway entrance corresponds with the posted speed limit on that section of the principal arterial and the typical adjacent building pattern. Thus, properties adjacent principal arterials with a posted speed limit of 65 miles per hour have larger buffers than those properties adjacent principle arterial with speed limits of 25 miles per hour. Other considerations include the existing built environment along the principal arterial, which makes the feasibility of large buffer requirements infeasible in some situations. Roadway corridors to be identified as gateway entrances to Kalispell and the required buffer area for each are as follows:
(a)
U.S. 93 North between Reserve Drive and annexation boundary: 100-foot buffer
(b)
U.S. 93 North between Four Mile Drive and Reserve Drive: 20-foot buffer
(c)
U.S. 93 South between 13th Street and bypass: 20-foot buffer
(d)
U.S. 93 South between the bypass and annexation boundary: 40-foot buffer
(e)
U.S. 2 East between Woodland Drive and annexation boundary: 20-foot buffer
(f)
U.S. 2 West between bypass and annexation boundary: 40-foot buffer
If any portion of a property is abutting an above-mentioned principal arterial roadway, the entire property's right-of-way frontage is subject to this chapter. Specific exemptions are listed for development in place at the time of adoption of these regulations. |
(4)
Buffer Area.
(a)
The buffer area shall include the length of the property boundary adjacent to the applicable right-of-way with the minimum depth.
(b)
The buffer area shall not encompass more than 10% of the gross area of any parcel as platted at the time of adoption of these regulations.
(c)
The following shall be permitted within the buffer area:
1.
Landscaping.
2.
Storm water management facilities, which are aesthetically integrated into the landscape plan. Fencing of storm water facilities is prohibited.
3.
Access points.
4.
Frontage roads intended to limit the number of access approaches onto the highway.
5.
Underground utilities.
6.
Pedestrian and bike trails (amenities such as bike racks, benches, and pedestrian lighting).
8.
Flag poles.
(d)
Where there is existing development in place at the time of adoption of these regulations, the following buffer area exceptions are permitted:
1.
Where a lot is previously developed and a principal building encroaches into the required buffer, the existing setback of the principal building will be used as the building line for additions to the principal structure.
2.
Where strict adherence to these regulations results in the loss of required parking spaces and/or required driving aisles, the buffer area can be reduced in an effort to maintain the required parking spaces and/or driving aisle when it has been shown that alternative site design is not feasible. Where feasible, the site design shall maintain as much of the required buffer as possible.
3.
In the event that an existing right-of-way is widened, and such widening necessitates the removal or relocation of any building or use and the owner wishes to rebuild on the same tract:
I.
The owner may abide by the previously existing setback distance (the distance between the building prior to right-of-way acquisition and the previous right-of-way line) as the minimum setback for the new building if reconstruction is started within 180 days. If this timeframe is not met, any new structure on the tract of land shall conform with all sections of this Code.
(5)
Landscaping and Pedestrian Connectivity.
(a)
A landscape and irrigation plan shall be submitted for the adjacent right-of-way and buffer area. The Parks and Recreation Director shall approve the irrigation and landscape plan for the right-of-way and buffer area prior to development. Landscape designs shall include primarily live landscaping including undulating topography and have a mix of tree plantings with a ground cover of predominately sod. The choice of species and type of trees shall achieve unity of design by repetition of plant varieties and other materials and by correlating with adjacent developments and with the streetscape plantings where provided.
(b)
The use of any form of bark, mulch, rock, etc. shall not be used as a primary method of landscaping. These materials may be used to augment live landscape features upon approval by the Parks and Recreation Director. If rock is to be used it must be 1 inch or less fractured.
(c)
When an existing developed landscape buffer is reduced or eliminated due to public acquisition of road right-of-way, that portion of the landscape buffer acquired is not required to be replaced or reestablished.
(d)
For lots with existing development, landscaping within the required buffer area shall be required when there is a change of use, or when there are property improvements equal to or greater than 20% of the replacement value of the building at time of building permit. The replacement value shall be determined by a detailed cost estimate, including site improvements, submitted by the property owner and further verified by the building official. Where improvements to a property are completed in phases, the value of the improvements shall be determined cumulatively at time of each building permit. At such time, the cumulative improvements to the property are equal to or greater than 20% of the replacement value of the building at time of building permit, the buffer is required.
(e)
Property owners shall keep the landscaping within the buffer area in a healthy and attractive manner. Dead or dying landscaping shall be replaced with like or similar type of landscaping. Any deviation from the approved landscape plan shall be approved by the Parks and Recreation Director prior to installation.
(f)
A minimum 8-foot wide concrete sidewalk shall be constructed along the entire principal arterial frontage, where no sidewalk exists meeting this standard. The sidewalk shall be integrally designed into the landscape plan required between the curb line of the principal arterial and the required buffer.
(g)
A minimum 5-foot walk sidewalk shall be installed between the entrance of the building and the sidewalk located within the buffer.
(6)
Access.
(a)
Where access can be achieved via an adjacent or internal street or easement, the lot shall take its access from that location instead of direct access onto the highway.
(b)
Where no adjacent street network is available, site design of individual lots shall provide for shared access with neighboring parcels.
(7)
Outdoor Storage.
(a)
Outside storage of used motorized parts and/or partially or completely dismantled motorized vehicles and/or marine vessels and shipping containers shall be enclosed by a view-obscuring fence adequate to screen them from the principal arterial and any adjacent city residentially zoned land.
(b)
The view-obscuring fence shall be reviewed by the Architectural Review Committee prior to installation.
(Ord. 1824, 3-18-2019)
§ 27.20.030 Exceptions to Height Regulations.
(1)
The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or other agriculture buildings, telecommunication towers and cellular communication towers and facilities, unless otherwise prohibited by regulations related to the airport affected area referenced under Section 27.20.025 of this Zoning Ordinance or by Federal Aviation Regulations, Part 77.
(2)
The height of any structure may be limited pursuant to requirements related to a conditional use permit. The limitation may be less than otherwise allowed under this Zoning Ordinance.
(3)
Additional height may be allowed under a conditional use permit in those zones where additional height is provided for under the development standards.
(4)
Masts for flagpoles and antennas accessory to an allowed use shall not exceed the height limits of the zoning district.
(5)
Masts for flagpoles must be set back from the property line to prevent the intrusion of the extended flag into or over any public right-of-way or adjoining property.
(Ord. 1677, 7-19-2010; amd. Ord. 1744, 10-6-2014)
§ 27.20.040 Fences, Walls, Hedges.
(1)
Except as otherwise provided by this Zoning Ordinance, no fence, hedge, or freestanding wall shall exceed 48 inches in height anywhere within or bounding the front yard or 78 inches within the rear, side corner, or side yards when placed within the required yard setback areas. Fences, hedges, and walls shall not interfere with clear vision triangles. A single archway serving as a pedestrian entrance and being no more than 9 feet tall, 5 feet wide and 4 feet deep, may be attached to a fence in the required setback area.
(2)
Open wire fences exceeding the above heights may be built around schools, day cares, tennis courts, swimming pools, or other public or quasi-public institutions when necessary for the safety or restraint of occupants thereof. The acceptable height of said fences shall be determined by the Zoning Administrator after giving consideration to the character of the neighborhood, available options on-site, and purpose of the fence.
(3)
Security fences are allowed on side and rear yards up to 8 feet in height when used to enclose commercial or industrial storage yards. Barbed wire may be used along the upper one-third portion of the fence (up to a total of 2 feet). Barbed wire is not permitted within the front or side corner setback area.
(4)
Except where necessary to contain livestock and as otherwise indicated in subsection (3) above, no barbed wire or other sharp fencing materials and no electrically charged fences shall be erected or maintained in any district created by this Code. When electrically charged fences are used, such fence shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way or other zoning districts.
(Ord. 1677, 7-19-2010)
§ 27.20.050 Greenbelts.
(1)
All sites in a "B" or "I" classified district having a common boundary with an "R," "H," or "RA" classified property, shall erect and maintain a view-obscuring fence or dense, coniferous hedge along such common boundary. Fences shall not be less than 6 feet in height. Hedges shall be subject to approval by the parks department. Any vegetation shall be a minimum of 3 feet in height at planting and obtain a height of not less than 6 feet at maturity. Where the wall of a building, or public alley, or public street is on such common boundary, no separate wall, fence or hedge need be installed along that portion of the boundary occupied by such building, street, or alley. Fences and hedges utilized as greenbelts are subject to the height limitations for the district in which they are located.
(2)
Fences or greenbelts erected as a requirement of this section shall be maintained in a neat and orderly manner, and any vegetation shall be healthy and attractive.
(Ord. 1677, 7-19-2010)
§ 27.20.060 Home Occupations.
Home occupations are allowed in conjunction with any residential use that is a primary residence for the occupant(s) provided that:
(1)
The home occupation is clearly incidental and secondary to the use of the property as a residence.
(2)
Any commodity sold upon the premises must be produced on the premises. This is not intended to preclude the occasional home party sales associated with such products as Tupperware, Amway and Avon. This would include, but not be limited to, music lessons, educational tutoring, consulting services, personal services and photography studios.
(3)
Home occupations would not include any type of auto, boat or RV repair, maintenance or painting; any type of food preparation for on-site consumption or retail sales which include items not produced on-site, or any other use which creates traffic uncharacteristic of a residential area or requires outdoor storage of materials.
(4)
Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building would not be in excess of that which would normally be anticipated in a residential area.
(5)
There shall be no exterior display, or exterior storage of materials, house calls after 9:00 p.m. or before 8:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes.
(6)
There shall be no employees other than those residing on the premises.
(7)
There shall be no pedestrian or vehicular traffic in excess of that which is characteristic of a typical neighborhood of its type and shall not exceed more than one at a time or eight all day.
(8)
A wall sign flush mounted to the building not to exceed six square feet may be allowed in association with a home occupation.
(Ord. 1677, 7-19-2010)
§ 27.20.070 Lots in Two Zones.
District boundaries shall, except for unique conditions or circumstances, take into consideration property boundaries as platted and every effort shall be made to not divide a platted lot, parcel or tract of land into two or more use districts. If, however, a property is divided into two use districts, the property may be utilized in conformance with one zoning district or the other as long as the use is confined to that portion of the property for which it is zoned. The remainder of the lot lying within the other zoning classification will remain open. This is not meant to preclude the possibility of the owner applying for a zone map amendment or subdivision of the lot to address the situation.
(Ord. 1677, 7-19-2010)
§ 27.20.080 Principal Structures.
Principal Structures. In any "B", "P", or "I" district, more than one structure housing a permitted and customary principal use may be erected on a single lot or tract of land, provided that yard and other requirements of this Code shall be met for each structure as though it were on an individual lot. This provision shall not apply to any lot within an "R" district where only one principal structure is permitted, except as provided in Section 27.20.082. Multiple structures proposed in an "RA" or "H" district shall be subject to approval as a conditional use, except as provided in Section 27.20.082.
(Ord. 1677, 7-19-2010; amd. Ord. 1861, 8-21-2021)
§ 27.20.082 Accessory Dwelling Units.
(1)
In the B-1, B-2, B-3, and B-4 zones, two dwelling units are permitted on a single lot. The dwelling units may be provided either as a duplex or as two separate single-family structures (i.e. a principal structure and an accessory dwelling unit).
(2)
In the R-4, R-5, RA-1, RA-2, and H-1 zones, two dwelling units are permitted on a single lot in a duplex, or as two separate single-family structures with an administrative conditional use permit. In the R-1 zone, a guest house is permitted with a conditional use permit. In any zones listed in this subsection, an accessory dwelling unit would only be allowed subject to the following conditions:
(a)
The maximum height is limited to a single story with a height of no more than 18 feet unless the setbacks for a principal structure are met, in which case the maximum building height for the district would apply.
(b)
The gross floor area of living space within the accessory dwelling unit shall be limited to no more than 1,000 square feet.
(c)
Rental periods of less than 30 days are not permitted for the accessory dwelling unit.
(3)
For any accessory dwelling unit under this section:
(a)
An accessory dwelling unit shall meet the setbacks required for a principal structure unless an existing conforming or non-conforming accessory structure is converted into the accessory dwelling unit. In that event, the existing setbacks may be maintained. Any enlargement or alteration of the structure shall be governed by Section 27.23.020(2) relating to changes to non-conforming structures.
(b)
The limitation on repairs and maintenance for non-conforming structures contained in Section 27.23.020(3) shall not apply to a conversion of an existing accessory structure to an accessory dwelling unit.
(Ord. 1861, 8-21-2021)
§ 27.20.085 Recreational Vehicles in Conjunction with Residential Uses.
On any property used for residential purposes, temporary use of a recreational vehicle for housing occupants of the principal structure or their guests is allowed provided that the use is free of charge and limited to a period of one week or less per month.
(Ord. 1744, 10-6-2014)
§ 27.20.090 Safe Houses.
Safe houses are not subject to public review because of the need for anonymity to protect the victims of domestic violence and abuse from their abusers. However, they will be required to be reviewed and approved by the Kalispell Site Development Review Committee for compliance with applicable health, safety and zoning regulations prior to occupancy. Periodic inspections shall be conducted to insure compliance with fire and life safety codes. Any inquiries or issues associated with the review process shall be kept strictly confidential to the extent allowed by law in order to protect the integrity, intent and operation of the safe house. Information acquired as part of the review process will be kept confidential. Should issues arise within the neighborhood regarding the operation of the safe house the City of Kalispell shall make every reasonable effort to amicably resolve potential conflicts.
(Ord. 1677, 7-19-2010)
§ 27.20.093 Setback Encroachment for Eaves.
In R-1, R-2, R-3, R-4, and R-5 zones, eaves on a structure are allowed to encroach up to two feet (2') into a required setback area.
(Ord. 1946, 10-20-2025)
§ 27.20.095 Short-Term Residential Rental Standards.
A residential dwelling unit, whether in a residential or commercial zone, may be rented for a period shorter than 30 days provided that the following performance standards are met:
(1)
The property owner shall first obtain an administrative conditional use permit from the Planning Department (See Chapter 27.33).
(2)
The number of units rented shall not exceed the allowable density for the zoning district where the property is located.
(3)
No more than a total of 2 percent of the residences in all of the "R" and "RA" zones within the City of Kalispell may be used as a short term residential rental. This limitation shall not apply to any other zones where short term rentals are otherwise permitted.
(4)
The administrative conditional use permit review shall include:
(a)
Proof of an inspection by the Building Department showing that all life safety requirements are met, including, but not limited to, smoke and carbon monoxide detectors, egress windows out of sleeping areas, handrails, hot water temperature, exposed electrical wiring, and ground faults within 6 feet of sinks/tubs;
(b)
Proof of a State of Montana public accommodation license for a tourist home, which is administered by the Flathead City-County Health Department and is subject to annual inspections;
(c)
Affirmation of the property owner that correctly states that the residential dwelling unit to be utilized as a short term rental is not subject to any covenants, conditions or restrictions of record that forbid such use of the property;
(d)
Verification that the property is appropriately registered and meets requirements for state bed tax purposes;
(e)
The property owner shall provide their name and phone number or of a local contact person that shall be responsible for handling any issues that arise with the property. The contact shall be available to address any issues 24 hours a day and 7 days a week. The contact information shall be included in the notice sent to property owners within 150 feet as provided for in the administrative conditional use permit process; and
(f)
Each short-term rental shall have access to the minimum required parking for a residential unit in the zoning district (no nonconforming status).
(5)
There shall be no signage indicating the short-term rental of the property.
(6)
Prior to April 1 each calendar year, a property owner that wishes to continue to provide short term residential rentals shall submit for an annual renewal of the administrative conditional use permit, including payment of a fee equal to the administrative conditional use permit fee then in effect. The renewal shall include verification of all of the information listed under subsection (4). Any updated contact information shall be provided to property owners within 150 feet.
(7)
Violations of the terms of the administrative conditional use permit or the provisions of this section may subject the property owner to an enforcement pursuant to the terms of this Zoning Ordinance. Noise and similar issues may be enforced through the Police Department.
(Ord. 1778, 12-19-16)
§ 27.20.100 Side Corner Setback Reduction.
Notwithstanding any side corner setback otherwise required under this Zoning Ordinance, if the distance between the side setback and side corner setback (i.e. the buildable width) on a corner lot is less than 35 feet, development may occur within the side corner setback to either a point 35 feet from the side setback or ten feet from the side corner property line, whichever generates a lesser encroachment. (See Figure 1).
Figure 1: Side Corner Setback Exception | |
 |  |
(Ord. 1677, 7-19-2010)
§ 27.20.110 Single Family and Duplex Dwellings-Design Standards.
The purpose of this section is to promote public health, safety and welfare and to ensure neighborhood compatibility by establishing minimum standards for single family dwellings and duplexes. All single family dwellings and duplexes shall comply with the following standards:
(1)
As used in this section, a manufactured home means:
(a)
A single family dwelling, built off-site in a factory on or after January 1, 1990;
(b)
That is placed on a permanent foundation;
(c)
Is at least 1,000 square feet in size;
(d)
Has a pitched roof and siding materials that are customarily used on site-built homes; and
(e)
Is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production.
(2)
All single family dwellings and duplexes must be site built or manufactured homes. Manufactured homes must:
(Ord. 1677, 7-19-2010; amd. Ord. 1771, 6-6-2016)
§ 27.20.120 Site Plan Review.
The purpose of this section is to establish site design criteria and review procedures to promote the general health and welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design, and the character of the neighborhood or area.
(1)
Application of These Procedures. These procedures shall apply to all developments within the zoning jurisdiction of the City of Kalispell. The site plan shall be submitted and approved prior to the issuance of any building permit for any construction, development or any site preparation. A pre-application conference with the City Public Works Department and Building Department is strongly encouraged prior to the preparation of any site plan or working drawings. Distinction is made below between the procedures and standards applicable to minor and major site plans.
(2)
Application for Minor Site Plan Approval. Minor site plan approval will be required for single family dwellings and duplexes. Exterior structural remodeling projects, not involving an expansion of a structure or use, are also subject to minor site plan approval when such remodeling does not involve a change of use.
(a)
Two sets of working drawings including site plan for a single family dwelling or duplex on an existing lot shall be submitted directly to the Planning and Building Department for review to show compliance with the Kalispell Zoning Ordinance. The Department is authorized to require any revisions and/or attach any conditions necessary to ensure compliance.
(b)
A site plan/application is required to have the following information:
1.
Name, address, and phone number of owner, builder/architect and/or engineer;
2.
Building site address, lot and block number, legal description of property, north arrow, and date;
3.
All lot lines, easements, rights-of-way, and distances to both the wall line and the eave line of all existing and proposed structures, drawn to a reasonable and accurate scale; and
4.
Location of all buildings, parking areas, driveways (including paving details), fences and other improvements.
(3)
Major Site Plan Approval. Commercial, industrial, and multi-family developments and remodeling of existing structures when a change of use or structural expansion would result shall be subject to the following application and review procedures:
(a)
Site Plan Information. In addition to a completed building permit application form, three sets of working drawings and five sets of site plans shall be submitted incorporating the following information:
1.
Boundary line of property with dimensions and a north arrow indicator;
2.
Topography contours at a minimum interval of 2 feet or as determined by the public works director;
3.
Adjacent streets and street rights-of-way to a distance of 150 feet, including existing and proposed improvements such as curb, gutter, sidewalks, bike paths, and landscape boulevard treatments/plantings;
4.
Utilities and utility rights-of-way or easements;
5.
All existing and proposed structures, including distances to both the wall line and the eave line of all structures;
6.
Parking facilities, including bicycle racks, landscaping, drainage, lighting, handicap-accessible parking, typical dimensions (including labeling angles for angled parking), traffic flow on-site, ingress and egress points, driveways, and paving details;
7.
Water bodies, floodplain, and wetlands;
8.
Grading and drainage plans;
9.
Location of fire hydrants and designated fire lanes/turnarounds;
10.
Sidewalks, walkways, driveways, loading areas and docks, and bike paths;
11.
Provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts;
12.
Fences and walls;
13.
Exterior signs;
14.
Exterior refuse collection areas;
17.
Site plan review fee as established by the City Council.
(b)
Criteria for Design Review. The following criteria shall be utilized by the Site Development Review Committee, when required, in reviewing site plans to ensure that the purpose and intent of the Zoning Ordinance, City Tree Ordinance, and all other applicable City ordinances are met:
1.
The landscape shall be preserved in its natural state, in so far as practical, by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of the neighborhood or area, and safe, and efficient development of the site.
2.
The proposed development or physical improvements will not impair or interfere with (a) the development, use, enjoyment or value of other property in the vicinity; (b) the orderly development of the neighborhood; or (c) the area as a whole.
3.
Project Development.
a.
The proposed development or physical improvement has a desirable, efficient and workable interrelationship among buildings, parking, circulation, open space, landscaping and related activities and uses;
b.
The proposed development or physical improvement is in character with the design qualities of other developments in the area; and
c.
Utilities are placed underground.
4.
Curbs, gutters, sidewalks, and boulevard landscaping in adjacent rights-of-way shall be developed or upgraded to current public works design and construction standards. Travel surfaces may, where appropriate, be required to be repaired or upgraded. Boulevard landscaping shall include grass and tree species approved by the parks department. Boulevard landscaping shall not include rocks, gravel, or similar non-vegetative treatments.
5.
Development or physical improvement shall provide sufficient landscaping to assure a pleasant and aesthetic on-site environment and provide protective screening, when necessary. This may include landscaping for the front yard or any yard adjacent to any public right-of-way, along any lot adjacent to a residential zone, or in association with off-street parking areas. All landscaping shall be continually maintained including necessary watering, weeding, pruning and replacing, in a substantially similar manner as approved.
(c)
Review Authority for Major Site Plan Approval. A "Site Development Review Committee" has the authority to review and require revisions to any major site plan. Said committee shall consist of the head of each department in the City or his/her designee and any other staff member so designated by the City Manager.
(d)
Power to Amend Plans. When approving an application for a site design and use, the Site Development Review Committee will include any or all of the following conditions, if they find it necessary to meet the intent and purpose and the criteria for approval of this Zoning Ordinance. Any condition of approval must substantially advance a legitimate public interest and the cost of the condition must be roughly proportional to the public interest served.
1.
Require such modifications in the landscaping plan as will insure proper screening, aesthetic appearance, and use of appropriate material within the right-of-way.
2.
Require the retention of existing trees, rocks, water ponds, or courses and other natural features.
3.
Require the retention and restoration of existing historically significant structures on the project site.
4.
Require the modification or revision of the design or remodeling of structures, signs, accessory buildings, etc., to be consistent with all city codes, ordinances, policies and guidelines.
5.
Require on-site fire protection during the construction phase of a project.
6.
Require placing all utilities underground.
7.
Require new developments to provide limited controlled access onto a public street by means of traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to insure the viability, safety, and integrity of the public street as a true corridor. In some cases, the city may require the developer to provide off-site improvements and right-of-way consideration, including, but not limited to, water, sanitary sewer, storm drainage, street improvements, pedestrian ways, lighting and signalization. The city may require the developer to also furnish the city with appropriate engineering studies regarding the various impacts that the development might have on the city's public facilities as per the city's standards for design and construction.
8.
Require on-site pedestrian access and connectivity to adjacent facilities, separate pedestrian access ways, and sidewalks/bike paths.
(e)
Permit Issuance for Major Site Plans. The Site Development Review Committee shall issue a permit for the development upon a finding that all applicable city regulations and guidelines of this section have been adhered to.
(4)
Appeals. Any applicant for site plan approval may file an appeal when aggrieved by a decision or interpretation made by the Site Development Review Committee.
(a)
A written appeal and payment of a fee as prescribed by the City Council must be received in the office of the City Manager within 30 days from the time the officer(s) charged with the enforcement of this section have made a written interpretation or determination on the site plan application.
(b)
The City Manager shall review the appeal and transmit the appeal and associated materials to the City Council.
(c)
The City Council shall act on the appeal within 30 days following receipt of the appeal by the City Manager.
(d)
Decisions by the City Council shall be by resolution. The basis for the decision on each appeal and a detailed summary of the facts and basis supporting such determination shall be recorded in the decision and shall constitute a part of the record thereof.
(Ord. 1677, 7-19-2010; amd. Ord. 1744, 10-6-2014)
§ 27.20.125 Skybridge Setback Exception.
Notwithstanding any setback specified in this Zoning Ordinance, a pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends over a public or private right-of-way may encroach into the front or side corner setback area, provided that all other applicable zoning and other code requirements are satisfied.
(Ord. 1933, 2/18/2025)
§ 27.20.130 Special Events.
Special events such as car shows, boat shows, RV shows, carnivals, concerts and similar outdoor activities are permitted in the "B," "I," and "P" zones provided they do not exceed 7 days in a one month period.
(Ord. 1677, 7-19-2010)
§ 27.20.140 Structures to Have Access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots as to provide safe convenient access for servicing, fire protection, and required off-street parking.
(Ord. 1677, 7-19-2010)
§ 27.20.150 Sublots.
Sublots may be created in any zoning district other than the R-1. Sublots are subject to subdivision approval and, if required, a conditional use permit.
(1)
Site Requirements.
(a)
The allowable number of sublots shall be determined by dividing the gross area of the parent lot by the density limits of the applicable zoning district. In the event that the design utilizes common ownership of common areas, the area of the lot(s) plus the common area shall be divided by the density limits of the applicable zoning district to determine the allowable number of sublots.
(b)
In no case, however, shall a sublot located in an "R" or "RA" zone have more than one dwelling unit thereon.
(2)
Building Limitations.
(a)
The yard, height, and area requirements of the district shall apply to the entire area of the parent lot.
(b)
Common ownership of the yards is permitted.
(c)
The shared interior property boundary(ies) is/are required to be developed at a zero lot line.
(d)
Sublots shall not be used to develop detached units. (See Figure 2 below)
(Ord. 1677, 7-19-2010)
§ 27.20.160 Visibility at Intersections.
In any residential district, fences, signs, walls, hedges, or other planting may be permitted in any required yard, provided that nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede a clear vision triangle. (See definitions).
Figure 2: Sublots  |
(Ord. 1677, 7-19-2010)