A.

Purpose

1.

The purpose of the /RV, Rattlesnake Valley Overlay district is to provide supplementary development regulations to underlying districts to ensure that development occurs in such a manner as to protect the character of these areas and to implement the goals of the comprehensive plan. It is the further intent of the /RV overlay district to:

a.

Encourage a sensitive form of development in the existing developed neighborhoods of the Rattlesnake Valley;

b.

Allow for land development that complements the settlement pattern and existing land use character of the area; and

c.

Protect and enhance the natural and visual character of the valley and the city as a whole.

B.

Minimum Area
The /RV overlay district is primarily intended to be applied to parcels one acre or larger within the Rattlesnake Valley. The Missoula City Council is authorized to approve applications to apply the overlay district to smaller parcels.

C.

Applicability

1.

The standards of the /RV overlay district apply to any development proposal for construction of new independent residential dwelling units.

2.

The /RV district standards do not apply to enlargements, alterations or conversions of existing structures. Further, the standards do not apply to the construction of any accessory structure that does not contain a residence.

3.

No building or structure may be constructed, nor may any parcel be excavated or graded in connection with any building development, unless the proposal satisfies the findings outlined in 20.110.070.F and complies with all of the /RV overlay district regulations of this section.

D.

Allowed Uses

1.

The use regulations of the underlying zoning district govern except as expressly stated in this section.

2.

The /RV overlay district allows attached and multi-dwelling housing at the same density permitted in the underlying district.

Example: A one-acre parcel of land zoned RT10 can be developed through subdivision as 4 detached houses or, under the /RV overlay district, as any combination of four attached dwelling units (such as two-unit houses, townhouses, multi-dwelling houses and multi-dwelling buildings).

E.

Review Procedure
A zoning compliance permit is required for development in the /RV overlay district. The application must include a site plan of the entire property demonstrating compliance with the regulations of the overlay district. The application must also include an inventory of the biological species on the property performed by a qualified professional detailing the specific amount, type and location of biologically sensitive species, and the relative value of the habitat. This inventory is subject to review and approval by Development Services and any other qualified agency, in cases where outside consultation is necessary.

F.

Findings Required for Approval
In reviewing an application for zoning compliance, the director of Development Services must make the following findings of fact:

1.

The site is physically suitable for the design proposal, and siting of the proposed development will result in minimum disturbance of biologically sensitive areas. As determined by the city engineer, grading and excavation proposed in connection with the development should not result in soil erosion, silting of lower slopes, slide damage, flooding, severe scarring or any other geological instability or fire hazard that would affect health, safety and general welfare.

2.

Any proposed development retains the visual quality of the site and the aesthetic qualities of the neighborhood by utilizing proper structural scale and character and varied architectural treatments.

3.

The proposed development is in conformance with the comprehensive plan, the open space plan, the transportation plan and any other adopted applicable plans.

4.

The development complies with overlay district regulations and the applicable regulations of the underlying zoning district.

G.

LandscapeDesign

1.

Minimum Area
A continuous open landscape area must be conserved or reclaimed to a naturalized condition with predominantly native vegetation. In the R215, R80 and R40 districts the minimum open landscape area must comprise at least 50% of the gross land area of the parcel.

2.

Vegetation
A list of vegetation appropriate for the required open landscape area follows:

3.

General Design

a.

Open areas are intended to retain the open character of the neighborhood and may include public or private lands but do not include parking or motorized vehicular use areas.

b.

Open areas must be free of structures or impervious surfaces, including, but not limited to, motor vehicular use areas and recreation facilities. These areas are intended to remain as or be reclaimed to a natural landscape area containing native vegetation and generally do not include permanently irrigated areas. If irrigated, open landscape area management should conserve energy and water through low intensity maintenance.

c.

Fences within this required open landscaped area must be constructed as visually open fences of not more than 30% opacity.

d.

Landowners must replant areas of disturbance as soon as possible to prevent weed invasion, in consultation with the County Extension Office.

H.

Encroachment on Biologically Sensitive Lands

1.

For the purposes of this subsection, "encroachment" is defined as the area of land occupied by a building or a structure, or permanently developed impervious surfaces, including, but not limited to, vehicular use areas and recreation facilities.

2.

For the purposes of this subsection, "biologically sensitive lands" are defined as those containing state or federally-listed rare, threatened, or endangered species; riparian areas and wetlands; and locally important wildlife habitat as identified on such maps as the Wildlife and Vegetation Maps contained within the Rattlesnake Valley Comprehensive Plan or other plans adopted by the city council.

3.

The Rattlesnake Valley Biologically Sensitive Lands Map, which is available for public viewing in Development Services, identifies areas in the Rattlesnake Valley that are known to contain biologically sensitive resources or species. This map does not necessarily specify actual biological sensitivity for every parcel, and development within the Rattlesnake Valley Overlay district should be evaluated for the presence or absence of biologically sensitive resources or species. The intent of the map is to identify those lands most likely to contain biologically sensitive habitats to assist in the evaluation of any development proposal. The developer must provide the reviewing agent with the appropriate information regarding amount (percent of land area), type and location of biologically sensitive species for each development proposal.

4.

Biologically sensitive lands must be preserved in their natural state, with a minimal encroachment by development into such lands as permitted in the following encroachment table. This table specifies percentages of encroachment by structures and impervious surfaces such as vehicular use areas, streets, roads, and facilities permitted on biologically sensitive lands.

Encroachment Table for Biologically Sensitive Lands

Commentary: Example using the Biologically Sensitive Areas Table (Table 1) for a parcel containing ten acres:

In this example, three acres of the ten acres (30%) are biologically sensitive lands and the remaining seven acres (70%) are not biologically sensitive lands. Since the ten acres consist of 30% biologically sensitive lands, Column 2 in the encroachment table is the applicable standard. Development may occur on biologically sensitive lands at an encroachment percentage of four percent for structures and four percent for vehicular use areas, streets, and facilities for a total encroachment of eight percent of the total land area.

5.

Development or grading occurring on biologically sensitive lands over and above the encroachment allowance in the encroachment table of 20.110.070.H.4 is not permitted unless as part of an approved Planned Unit Development. This encroachment table is intended to allow first for development on the land most suitable for development, based on the specific location of biologically sensitive species and natural features of the landscape. Development must occur so as to minimize impacts on the most biologically sensitive areas.

6.

In addition, the following standards apply in biologically sensitive lands:

a.

Native vegetation must be retained in biologically sensitive lands.

b.

No permanent irrigation may be installed in biologically sensitive lands.

c.

No non-native vegetation may be introduced in biologically sensitive lands except for lawn and landscaped areas adjacent to residential building sites where plantings are subject to review and approval by Development Services in consultation with the urban forester.

d.

No sensitive species may be significantly adversely impacted.

7.

Areas of native vegetation that are cleared or thinned to protect existing or proposed structures in potential danger from fire may be exempted from the 4 standards of 20.110.070.H.6, provided that the area cleared or thinned for such brush management is approved by the Fire Department.

I.

Setbacksfrom Hazardous Areas
A setback of at least 50 feet must be provided from potentially hazardous engineered structures, such as pipelines and high voltage power lines. Development must maintain a safe distance from landslide areas, active geologic faults, and irrigation canals.

J.

Treatment of Significant Cultural Sites and Resources
Permitted uses on lands containing significant prehistoric/historic sites and resources are those uses permitted by the underlying district subject to the following regulations and the standards of the underlying district:

1.

Development is not permitted on lands containing significant prehistoric/historic sites or resources unless all feasible measures are taken to protect and preserve the significant prehistoric/historic site or resource.

2.

Alterations and improvements to prehistoric/historic sites and resources that enhance, restore, maintain or repair the site or resource and that do not adversely affect the special character, or special historical, architectural, archaeological or other cultural value of the site or resource may be permitted.

3.

This subsection is intended to supplement protection provided to significant cultural sites and resources by existing local, state and federal law.

K.

Density Transfers
Transfer of residential density within a proposed development under unified control may be approved if the plan does not exceed the overall residential density allowed by the underlying zoning districts. Density transfers may occur among zoning districts with differing maximum residential densities only in a manner that transfers density from lower density districts to higher density districts.

L.

Deviation from Setbacks
For parcels with severe floodplain or topographic limitations, required setbacks may be reduced by 50%.

(Ord. 3410, 2009)