In order to implement the comprehensive plan and achieve an orderly development pattern that protects the health, safety, and general welfare of the city, its residents, and business community, and minimizes development impacts on the environment, the city is hereby divided into the following zoning districts:

(1)

Residential districts.

a.

RE, Residential Estates.

b.

R-1A, River Residential District.

c.

R-1, Low Density Single Family Residential District.

d.

R-2, Medium Density Residential District.

e.

R-3, High Density Residential District.

f.

R-4, Urban Mixed Residential District.

(2)

Nonresidential districts.

a.

B-1, Business Park/Office/Warehouse.

b.

B-2, General Business.

c.

I-1, Light Industrial District.

d.

I-2, General Industrial District.

e.

I-S, Industrial Storage District.

(3)

Mixed use districts.

a.

MX-1, Downtown Mixed Use District.

b.

MX-2, Commercial Mixed Use District.

c.

MX-3, Transit-Oriented Mixed Use District.

d.

MX-4, General Mixed Use District.

e.

MX-5, Mixed Use Buffer District.

(4)

Planned unit developments (PUD).

(5)

Special overlay districts.

a.

Shoreland Management District.

b.

Critical Area Overlay District.

c.

Floodplain Management District.

1.

Floodway.

2.

Flood fringe.

d.

Bluffland Area Overlay District.

e.

Conservation Residential Overlay District.

f.

River Redevelopment Overlay District.

(Code 1997, § 1330.01; Ord. No. 2016-13, 12-15-2016)

(a)

The location and boundaries of the districts established by this article shall be set forth in a map known as the "City of Newport Zoning Map" hereafter referred to as the zoning map. The map and all notations, references, and data shown thereon are incorporated by reference into this article. It shall be the responsibility of the zoning administrator to maintain the zoning map, and amendments shall be recorded on the map within 30 days after official publication of the amendments. The official zoning map shall be kept on file in the city hall.

(b)

Boundary lines. Wherever any uncertainty exists as to the boundary of any use district as shown on the zoning map incorporated, the following rules shall apply:

(1)

Where district boundary lines are indicated as following streets, alleys, railroads, or similar rights-of-way, they shall be construed as following the centerlines thereof;

(2)

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed to be such boundaries;

(3)

Where a lot of record at the effective date of this Code that is held in one ownership is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this section shall not apply if it increases the area of the less restricted portion of the lot by more than 20 percent.

(Code 1997, §§ 1330.02, 1330.03)

(a)

It is the policy of the city that the enforcement, amendment, and administration of this article be accomplished with due consideration of the recommendation contained in sections 36-207 and 36-226 through 36-238, and the city comprehensive plan as developed and amended from time to time by the planning commission and city council.

(b)

Whenever, in any zoning district, a use is not specifically permitted, the use shall be considered prohibited.

(c)

An appeal may be taken to the planning commission and city council as described in section 36-38 by any person aggrieved by any order, requirement, decision or determination made by the zoning administrator or any other administrative office of the city in enforcement of this section.

(Ord. No. 2020-09, 12-17-2020)

It shall be the intent of this division to promote high standards of design and construction in the city. These standards are set forth in order to enhance the visual appearance of the built environment within the city, to preserve the taxable value, to implement the goals and policies of the comprehensive plan and to promote the public health, safety, and welfare of the general public.

(1)

Any construction or alteration of buildings, structures, property or exterior equipment in the city which requires a building permit under the provisions of this division shall be reviewed by the zoning administrator and shall comply with the standards of this division.

(2)

If the zoning administrator determines that the plans comply with the intent and standards contained a building permit may be issued. All decisions of the zoning administrator may be appealed to the city council as provided for in this division.

(Code 1997, § 1330.05(1), (2))

The following standards are applicable to all districts within the city:

(1)

Utilities location. When practical and feasible, all utilities shall be placed underground. All groundwork shall be completed prior to street surfacing. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles.

(2)

Fences.

a.

Fences in Business (B) and Industrial (I) Zoning Districts.

1.

A fence may be placed along a property line provided no physical damage of any kind results to the abutting property.

2.

The side of the fence considered the face (the finished side as opposed to the structural supports) shall face the abutting property.

3.

A fence shall be of one color or pattern, may not contain or support pictures, signage or lettering, and must be maintained in good condition and appearance.

4.

A fence shall only be constructed of the following materials:

(i)

Treated wood, cedar, or redwood.

(ii)

Simulated wood.

(iii)

Decorative brick or stone.

(iv)

Wrought iron or aluminum designed to simulate wrought iron.

(v)

Coated or non-coated chain-link.

(vi)

Split rail.

(vii)

Barbed wire. Barbed wire may be used for top fencing only around business and industrial uses where the base fence is at least six feet in height. The barbed wire portion of the fence may not exceed three strands, and shall have arms projecting into the applicant's property on which the barbed wire shall be fastened. The minimum height to the bottom strand of the barbed wire shall not be less than six feet from finished grade.

5.

A fence may be no more than 12 feet in height.

6.

A fence shall not visually screen or interfere with streets, sidewalks, or vehicular traffic. No fence shall be closer than one foot from a public walkway.

7.

In the I-S District, a fence at least six feet in height shall be required around all storage tanks.

8.

No fence shall be constructed on public rights-of-way.

b.

Fences in the Residential (R) and Mixed Use (MX) Zoning Districts.

1.

A fence may be placed along a property line provided no physical damage of any kind results to the abutting property.

2.

That side of the fence considered being the face (the finished side as opposed to the structural supports) shall face the abutting property.

3.

A fence in the front yard shall be of one color or pattern, and may not contain or support pictures, signage or lettering visible to a public street or to adjacent properties.

4.

A fence may be no more than four feet in height in the front yard.

5.

A fence may be no more than six feet in height in a side or rear yard, unless the side or rear lot line is common with the front yard of an abutting lot, in which case the portion of the side or rear lot line equal to the required front yard of the abutting lot may have a fence no more than four feet in height.

6.

Except in the RE District, electric fences may not be used.

7.

A fence shall not visually screen or interfere with streets, sidewalks, or vehicular traffic. No fence may be closer than one foot from a public walkway.

8.

All fences shall be maintained in good condition and appearance.

9.

A fence shall only be constructed of the following materials:

(i)

Treated wood, cedar, or redwood.

(ii)

Simulated wood.

(iii)

Decorative brick or stone.

(iv)

Wrought iron or aluminum designed to simulate wrought iron.

(v)

Coated or non-coated chain-link.

(vi)

Split rail.

(vii)

Other materials or fence types as approved by the zoning administrator.

10.

Barbed wire fence material may be used for security purposes on the side and rear of nonresidential buildings in the MX districts with the approval of an administrative permit by the zoning administrator. The barbed wire portion of the fence shall not be placed in the front yard. Barbed wire may be used for top fencing only where the base fence is at least six feet in height. The barbed wire portion of the fence may not exceed three strands, and shall have arms projecting into the applicant's property on which the barbed wire must be fastened. The minimum height to the bottom strand of the barbed wire shall not be less than six feet from finished grade.

11.

Except in the RE District, welded wire shall not be used for fences on property boundaries.

12.

Welded wire may be used in the RE District for fences on property boundaries of rear yards.

13.

Welded wire may only be used for small enclosures in all districts to protect vegetation such as trees, gardens, plants, and bushes.

14.

Except in the RE District, snow fences may not be used for fences.

15.

Snow fences may be erected in the RE District for controlling snow between November 1 and April 15. All snow fences must be removed by April 16.

16.

No fence shall be constructed on public rights-of-way.

(3)

Single-family residential garage, accessory structure and driveway standards.

a.

Generally. The following standards shall apply to all garages and accessory structures for single-family homes and duplexes in all zoning districts, and shall be in addition to the standards in section 36-208 and article VII, divisions 2 and 4 of this chapter. The intent of these standards shall be to reduce the impact of multiple vehicles and of large accessory structures on the residential character of the city.

1.

Construction. No accessory building or structure shall be constructed on a lot prior to construction of the primary structure. Building permits are required for all accessory structures.

2.

Number. A residential lot, other than a river riparian lot, may have no more than two accessory structures. A river riparian lot may have a guest cottage and a water-oriented accessory structure as regulated in article VII, division 2 of this chapter.

3.

Height. No garage, whether attached or detached, nor any accessory structure shall be taller than the principal structure on the lot as measured by the building height definition from section 36-1.

4.

Location. A detached accessory building shall not be located in any required front yard.

5.

Footprint. Except in the RE District, the total footprint of all garage space, whether attached or detached, and of all accessory structure space for single-family residential uses shall be no larger than the footprint of the principal structure, and shall total a maximum footprint of 2,000 square feet; except that a residential lot shall be allowed at least 500 square feet of garage space regardless of the house size, as long as the required setbacks and other standards are met.

b.

RE District. In the RE District, the number and size of accessory structures permitted on residential lots is as follows:

c.

Structure area in the RE District between 2,500 and 3,500 square feet. In order for the footprint of all accessory structures in the RE District to exceed 2,500 square feet, the following conditions must be satisfied through obtaining a conditional use permit pursuant to section 36-45:

1.

The parcel shall not be re-platted, split or subdivided such that it results in a lot size of less than three acres without first removing or altering the structure so that it conforms to the standards in this chapter.

2.

The site must demonstrate that the accessory structures do not encroach upon existing septic systems and that an alternative septic system area is protected.

3.

Plantings consisting of a combination of trees and shrubs shall be installed within the setback area providing a buffer between the accessory structure and future development on adjacent property.

4.

Any accessory structure or garage other than a garage attached to the principal structure on the site shall not be placed closer to the public right-of-way that constitutes the front yard of the parcel than the primary structure unless the structure is completely screened from public view by natural vegetation including trees and shrubbery.

5.

Subsections (3)d. through (3)l. of this section apply to the RE District as well.

d.

Compatibility.

1.

All accessory structures of any size shall be constructed of durable, finished materials and shall be compatible in color to the principal structure. All accessory structures over 150 square feet in area shall be compatible with the principal structure in terms of design, roof style, roof pitch, and color.

2.

If an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this division applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this division.

e.

Additional setback, square feet. A garage, whether attached or detached, or an accessory structure shall provide an additional one foot of setback beyond the minimum front, side, or rear yard setbacks required in section 36-208, for every 20 square feet of area over 900 square feet of area in garages or accessory structures on the lot, except:

1.

An addition to an existing accessory structure which cannot meet the additional setbacks described above may extend an existing building edge at the existing setback line, but no closer to the lot line than the existing setback, and in no case closer than the minimum setbacks set forth in section 36-208.

2.

Such an extended building edge may be no more than 36 feet in length along any single property line. Any portion of an extended building edge longer than 36 feet in length must meet the additional setbacks described above in this section.

3.

In the RE District, a garage, whether attached or detached, or an accessory structure shall provide an additional one foot of setback beyond the minimum front, side and rear yard setbacks required in section 36-208, for every 40 square feet of area or portion thereof over 2,000 square feet of area in garages or accessory structures on the lot.

f.

Additional setback, height. A detached garage or an accessory structure shall provide an additional two feet of setback beyond the minimum required front, side, or rear yard setbacks for every one foot of height of its eave line over eight feet.

g.

Door openings. In the RE District, on lots at least three acres in size, there shall be no limit on the height of door openings for garages or other accessory structures. In all other cases, all door openings shall be eight feet in height or less, except that one door opening in one accessory structure per lot may be a maximum of 12 feet in height. In all districts, any door opening over eight feet in height shall be turned perpendicular to the front lot line so as not to face any public street, or, if facing a public street, it shall be set back an additional ten feet beyond the minimum front yard setback required in section 36-208 for every one foot of height of the door opening over eight feet.

h.

Subdivision. No land shall be subdivided so as to have an accessory structure without a primary structure, or to have a larger building or structure than permitted by this division. When a property is developed or redeveloped and an existing accessory structure made nonconforming, the structure must be brought into conformance as part of the development approval or removed from the property.

i.

Use of accessory structures. No accessory building shall at any time be used as a habitable building. No accessory structure in a residential district shall at any time be used for a commercial or industrial use. Use of accessory structures for home occupations is governed by section 36-180(b).

j.

Air conditioning units. All air conditioning units excluding window units shall be located a minimum of 20 feet from all lot lines, but not within the front yard.

k.

Intermodal container or shipping containers. All intermodal containers in residential districts shall be considered to be accessory structures, and shall meet all code requirements for accessory structures in residential districts, including those in sections 36-208, 36-162(3), and article VII, divisions 2 and 4 of this chapter.

l.

Driveways. One driveway access to a public roadway is permitted for each lot.

(4)

Covered storage building standards. The intent of this section is to regulate the installation and maintenance of covered storage buildings, also known as tent garages or temporary carports. More specifically the intent of this section is to minimize the potential for these structures to become unsightly as seen from public rights-of-way or adjacent residential properties. The following standards and conditions apply to covered storage buildings:

a.

Permitted as accessory structures. Covered storage buildings are a permitted use as an accessory structure only in residential districts and shall not be permitted in general business, light industrial, general industrial, and industrial storage districts or for any commercial use or purpose within the mixed-use districts. Covered storage buildings shall comply with the standards outlined in section 36-162(3). In addition, the following criteria shall be applied to covered storage buildings permitted as an accessory structure:

1.

Placement on lot. The structure shall not be located in any front yard or adjacent to the driveway if located in the front yard. All other building setbacks must be met as established by the underlying zoning district.

2.

Screening. The structure shall be screened from public right-of-way and adjacent property with shrubbery, trees or fencing.

3.

Maintenance. Lawn areas around the structure shall be kept clear of tall weeds and grass. The condition of the structure shall comply with the standards found in section 18-72.

4.

Number per residential lot. Only one structure shall be permitted per residential lot.

5.

Lot coverage and structure height. Except as otherwise provided herein, all standards relating to structure height, lot coverage, and number of accessory structures on the lot as outlined in section 36-162(3) shall be met.

b.

Building permit required. Installation of covered storage buildings over 336 square feet or ten feet in height require a building permit from building inspections.

(5)

Off-street parking areas and driveways.

a.

Surfacing standards. All off-street parking areas and driveways, shall be constructed with an improved surface to meet the following requirements:

1.

In all nonresidential districts (MX, B and I districts), all driveways, parking, loading, and service areas shall be constructed with a concrete, asphalt or a similar durable and dustless surface that meets the city's public works design manual. The periphery of all parking areas and drives in nonresidential districts (except parking areas for single-family and two-family residential uses in those districts) shall be constructed with poured-in- place concrete curbing, unless otherwise approved by the city.

2.

In Residential (R) districts, the first 40 feet of the driveway or the driveway area between the street and garage, whichever is less, shall be paved with concrete, asphalt or an acceptable surface that meets the city's public works design manual, except for properties whose main access is on a non-paved roadway.

3.

For residential uses, the maximum driveway width shall be 24 feet at the curb line and property line. For commercial, office, or industrial uses, the maximum driveway width shall be 32 feet at the curb line and property line.

4.

On residential properties, any parking or driveway surface located in the side or rear yard shall be constructed of one of the following: concrete, asphalt, Class V gravel (minimum six inches compacted), landscape rock (minimum six inches compacted), landscape paver blocks, or brick that meets the standards in city's public works design manual. All parking surfaces draining to a public paved street shall be paved, unless otherwise approved by the city. The city may exempt a property owner from the paving requirement if the property owner can demonstrate the runoff from the rock surface is solely directed onto his property or surface runoff meets the city's public works design manual.

b.

Drainage standards. Parking, loading and service areas of commercial and industrial uses shall be graded and drained so as to dispose of all surface water accumulation within the parcel to meet the city's public works design manual and other applicable stormwater management requirements. All surfacing shall be completed prior to occupancy of the structure, unless specific approval otherwise has been granted by the city.

c.

Maintenance standards. The city can require the entire or greater portion of driveways that serve commercial and industrial uses or the first 40 feet of residential uses to be paved to comply with the city's public works design manual at the point of property sale. If the pavement surface of a driveway or parking lot has deteriorated beyond maintenance or repair and does not comply with the public works design manual, the owner shall be required to remove and replace the driveway or off-street parking area pavement at the point of property sale in accordance with this division and the city's public works design manual.

d.

Setbacks. All parking areas shall be set back a minimum of five feet from property lines. All driveways shall be setback a minimum of five feet from side and rear property lines. Parking areas and driveways shall meet the standards in section 18-73.

e.

Size. In the R-1 and R-1A districts, the total area of the driveway and parking areas shall not exceed 35 percent of the front yard area. The lot coverage in the RE and nonresidential districts, including off-street parking areas, shall meet the requirements in sections 36-208 and 36-238.

f.

Easements. The parking or driveway surface may not encroach on any drainage and utility easement, except the front yard drainage and utility easement abutting the street.

g.

Standard parking space dimensions. Each off-street parking space shall be a minimum of nine feet wide by 18 feet deep. Access drives and aisles shall be a minimum of 24 feet wide for two-way traffic, and 18 feet wide for one-way traffic. Parking space dimensions for angled parking shall be approved by the zoning administrator, based on acceptable planning standards.

h.

Compact car parking dimensions. Parking spaces for compact cars may be included within a parking lot plan approved by the zoning administrator provided the spaces comprise no more than 40 percent of the spaces for the entire use or project, and provided they shall be clearly identified on the site and their location shall be designed carefully into the overall site plan. The spaces shall be a minimum of eight feet wide by 16 deep.

i.

Handicapped parking. Parking for handicapped persons shall be provided in accordance with state and federal regulations.

j.

Access. All off-street parking spaces for commercial and industrial uses shall have access from a private driveway and shall not access directly onto a public street.

k.

Location. All parking spaces shall be on the same lot as the principal use for which they are intended, unless the city approves off-site parking for a principal use.

l.

Off-site parking location. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority of the property owner for using the property for off-street parking shall be filed with the city, confirming that the required number of off-street parking spaces will be maintained on the property during the existence of such principal use. No such parking facility shall, at its closest point, be located more than 400 feet from the principal use or building served.

m.

Single, two, three and four-family buildings. All properties with one to four dwelling units in the form of single-family detached, duplex, triplex or quadplex shall adhere to exterior storage and screening requirements established in section 36-163(a).

(6)

Number of off-street parking spaces. The minimum number of off-street parking spaces required for uses in the residential, nonresidential, and most mixed use districts are identified below. Subsection 36-162(18)d of this section prescribes the number of off-street parking spaces required for uses in the MX-3 District.

a.

Parking requirements for residential uses.

1.

Single- and two-family dwellings: Two spaces per unit, at least one of which shall be enclosed.

2.

Multifamily residential dwellings with up to eight dwelling units per building: Two spaces per unit, at least one each of which shall be enclosed, plus one-half space per unit of visitor parking, apart from individual garages or reserved resident spaces, within 100 feet of the entrance to each private unit entrance or to the building entrance if there is a common entrance. Visitor spaces may be further away if they have enclosed access to the building.

3.

Multifamily residential dwelling with more than eight units: One and one-half spaces per unit for each efficiency or one-bedroom unit, at least one each of which shall be enclosed, and two spaces per unit for each unit with two or more bedrooms, at least one each of which shall be enclosed. In addition, there shall be one-half space per unit of visitor parking, apart from individual garages or reserved resident spaces, within 200 feet of the entrance to each private unit entrance or to the building entrance if there is a common entrance. Visitor spaces may be further away if they have enclosed access to the building.

4.

Driveway space: Driveway space immediately in front of a garage door, blocking normal access to the garage, may not be counted as part of the required parking space for any residential use.

b.

Parking requirements for nonresidential uses.

1.

Retail sales and service uses: One space for each 250 square feet of gross floor area.

2.

Hotel or motel: One space per unit, plus one space per employee on the largest shift.

3.

Medical or dental clinic: Six spaces per doctor or dentist.

4.

Vehicle or equipment service and repair: Two spaces plus three spaces for each service stall.

5.

Restaurants, taverns, clubs, and similar uses: One space for each two and one half seats, based on maximum design capacity.

6.

Offices, other than medical or dental: One space for each 250 square feet of gross floor area.

7.

Churches, theaters, auditoriums, funeral homes, and other places of assembly: One space for each three seats or for each five feet of pew or bleacher length, based on the maximum design capacity.

8.

Warehouse, storage, handling of bulk goods, industrial storage: One space for each two employees on the largest shift, or one space for each 2,000 square feet of gross floor area, whichever shall be greater.

9.

Manufacturing, light industrial, processing, and fabrication: One space per 500 square feet of gross floor area.

10.

Uses not specifically mentioned: As shall be determined by the zoning administrator.

11.

The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent, or two spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck-under garage.

12.

On-street parking located in front of a commercial or mixed-use building may count toward the required number of parking spaces.

13.

For retail, medical, service and office uses, if a transit shelter is provided on site or in front of the building, then the minimum required number of parking spaces may be reduced by five percent but not to exceed five parking spaces total.

c.

Location of parking. Unless otherwise provided, required parking for all uses shall be within 400 feet of the entrance to the use.

(7)

Sight triangle. Nothing shall be placed or allowed to grow in such a manner as to impede vision between a height of two and one half and ten feet above the centerline grades of the intersecting streets within a triangular area 30 feet from the intersecting street right-of-way lines.

(Code 1997, §§ 1330.05(8), (15), 1330.06(1), (2), (4), 1340.04, 1340.041; Ord. No. 2016-7, 8-18-2016; Ord. No. 2021-13, 8-19-2021; Ord. No. 2022-02, § 3, 4-7-2022; Ord. No. 2022-04, § 2, 6-16-2022)

The following standards are applicable to all nonresidential districts:

(1)

Building materials. Exterior building materials of all nonresidential structures shall comply with the following requirements:

a.

Classification of allowable materials. Allowable exterior building materials shall be classified as Class I, II or III materials or accent materials, as follows:

1.

Class I exterior building materials include brick, stone, marble or glass. Bronze-tinted or mirror glass are prohibited as exterior materials.

2.

Class II exterior building materials include architecturally-treated concrete panels, cast-in-place concrete, or pre-cast concrete panels; specialty concrete block (such as textured, burnished, or rock-faced block) or stucco.

3.

Class III exterior building materials include unpainted or surface-painted concrete block (scored or unscored), unpainted or surface-painted plain or ribbed concrete panels, and unfinished or surface-painted metal.

4.

Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage.

5.

All primary and secondary materials shall be integrally-colored with no painted materials.

6.

Metal storage buildings (commonly called pole buildings) cannot be used in the city except as accessory structures in the Residential Estates (RE) District, or as back yard sheds in industrial districts if they are screened from view from residential parcels and public streets, or if approved for use in a business district through a conditional use permit.

b.

Business and mixed-use districts. Permitted materials for nonresidential buildings shall comply with the following: Class I or Class II materials shall cover at least 60 percent of each of the facades of a building. Architecturally-treated concrete panels, cast-in-place concrete, or pre-cast concrete panels may cover 60 percent or more of the facade of buildings in business districts. Class III materials shall cover no more than 30 percent of each facade of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and shall cover no more than ten percent of all facades of a building.

c.

Industrial districts. Permitted materials for nonresidential buildings shall comply with the following: Class I or II materials shall cover at least 65 percent of each of the facades of a building. Class III or accent materials shall not cover more than 35 percent of each of the facades of a building in an industrial district.

d.

Nonconforming buildings. Additions to nonconforming buildings must be constructed with materials required by this section if the addition exceeds 25 percent of the floor area. Exterior remodeling or alterations to a nonconforming building or development must be constructed with materials required by this section. The zoning administrator may authorize the use of other materials if the addition, remodeling, or alteration is deemed to be minor in nature and not visible from a public roadway.

e.

Roof materials. All exposed roof materials in all zoning districts shall be similar to or an architectural equivalent of asphalt or fiberglass shingles, wood shingles, tile shingles, finished metal standing seam, or better.

f.

Nonresidential buildings, window areas. Nonresidential buildings containing office and retail uses shall maintain 40 percent minimum window coverage on the first floor that faces a road or public open space.

(2)

Additions, alterations, and accessory structures. All subsequent additions, exterior alterations, and accessory structures, built after the construction of the original building or buildings shall be designed to conform to the original architectural concept and general appearance. These provisions shall not prevent the upgrading of the quality of materials used in a remodeling or expansion project. Such alterations shall also maintain the appearance of the building exterior due to fading, cracking, peeling, rotting, or other degradations or inconsistencies, particularly where signage, equipment, fixtures, or other features may have been removed, revealing an inconsistent color or condition of materials.

(3)

Other structures; garages and walls. Garages, screen walls, and other areas of exposed permanent materials shall be of a similar type, quality, and appearance as the principal structure. These provisions shall not prevent the upgrading of the quality of materials used in a remodeling or expansion project. Exposed areas of retaining walls shall be of high quality durable materials compatible with the overall design of the site plan and structures.

(4)

Outside storage. All outside storage of equipment, materials, or vehicles shall be completely screened from the eye-level view of adjacent residential property and public streets, and from the public front and office sides of business and industrial uses, subject to the following conditions and exceptions:

a.

Temporary, daily parking of vehicles, for a period of no more than 48 consecutive hours, for employees or patrons of a business, need not be screened in the side and rear yards adjacent to other business or industrial uses, but shall be completely screened from residential uses. In front yards, all such vehicles need to be screened to a height of three feet. Any vehicle parked for more than 48 consecutive hours shall be completely screened from the eye-level view of adjacent residential property and public streets, and from the public front and office sides of business and industrial uses.

b.

Exterior storage. No materials, product, or equipment shall be stored outside of an enclosed building except for daily display (during store hours) of merchandise.

c.

Any outside storage or display of vehicles for sale, rent, or lease shall be by conditional use permit only as governed by this chapter and shall include only operable new vehicles or operable used vehicles in good working order and of good appearance.

d.

Open storage of any kind shall be prohibited in any required front, side, or rear yard setback.

e.

Overnight storage of perishable goods shall be allowed only within a completely enclosed permanent structure.

(5)

Utility equipment. All utility equipment, such as heating and ventilating equipment, meters and other devices shall be completely screened from eye-level view of adjacent properties and streets. Equipment shall be screened with a screen wall, berm, or landscaping if located on the ground. If on the roof, the equipment shall be screened with a parapet or screen wall of materials compatible with the principal structure, unless designed as an integral part of the building and is compatible with the site lines of the building, as determined by the zoning administrator. Vertical or horizontal wood slats, fencing or similar materials are not acceptable screening material.

(6)

Loading and service areas. All loading and service areas shall be completely screened from eye-level view of adjacent residential uses, adjacent public streets, and the public front and office sides of business and industrial uses, except at driveway access points. Exterior loading docks or other provisions for handling materials brought to or removed from the site shall be on those sides of buildings, which do not face any roadway or proposed roadway.

(7)

Trash handling; screening. All refuse and recycling containers must be stored inside of the principal structure or an enclosed accessory structure, no roof required.

(8)

Screening. The screening required by this subsection (7)b for any purpose may be accomplished by:

a.

Existing vegetation, topography, or another site feature;

b.

Placement of the building on the lot or of a building on an adjacent lot;

c.

Berming or landscaping which is at least 80 percent opaque at maturity. Planting screens shall consist of healthy, fully hardy plant materials, at least six feet in height. Such plantings shall be maintained in a neat and healthy condition. Plant materials that have died shall be promptly replaced;

d.

Screen walls, provided they are maintained in good repair at all times.

(9)

Outdoor electronic speakers. Outdoor electronic speakers, and other sound-making devices, such as automobile service order devices, drive-in car speakers, outdoor sound systems, and similar instruments shall be screened, baffled, or located in such a manner that they do not transmit nuisance noise to adjacent or nearby residential uses.

(10)

Lighting. Lighting fixtures shall be of a downcast, cutoff type, concealing the light source from view and preventing glare from spilling into residential areas. Lighting levels shall be measured in footcandles five feet off the ground or floor level. The following light levels shall be met:

a.

Lot line of adjacent residential property: 0.5 footcandle maximum.

b.

Open parking areas: 1.0 footcandle minimum.

c.

Covered parking facilities/night (minimum).

1.

General parking and pedestrian areas: Five footcandles.

2.

Ramps and corners: Five footcandles.

3.

Entrances and exits: Five footcandles.

4.

Stairwells: 20 footcandles.

d.

Covered parking facilities/day (minimum).

1.

General parking and pedestrian area: Five footcandles.

2.

Ramps and corners: Ten footcandles.

3.

Entrances and exits: 50 footcandles.

4.

Stairwells: 20 footcandles.

(11)

Landscaping. All areas of land not covered by structures or pavement shall be landscaped with sod, mulch, or rock materials, and landscaped according to the following provisions:

a.

At least one overstory tree shall be provided in the front yard for each 50 feet of lot frontage.

b.

There shall be a minimum of one tree for every 1,000 square feet of non-impervious surface area on the lot.

c.

All landscape materials shall be appropriate to the physical characteristics of the site in terms of hardiness, salt-tolerance, and sun or shade tolerance. Trees provided shall be at least 25 percent overstory deciduous and at least 25 percent coniferous. All deciduous trees provided shall be long-lived hardwood species.

d.

All areas not otherwise improved in accordance with approved site plans shall be sodded. Exceptions shall be as follows:

1.

Seeding of future expansion areas as shown on approved plans.

2.

Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material.

3.

Areas designated as open space or future expansion areas properly planted and maintained with native prairie grass.

4.

Use of mulch material such as rock or wood chips in support of shrubs and foundation plantings.

e.

Slopes and berms. Final slope grades steeper than the ratio of 3:1 shall not be permitted without special landscaping treatments such as terracing, retaining walls, or ground cover.

f.

Berming used to provide screening of parking lots shall be three feet in height and shall have a maximum slope ratio of 3:1.

g.

Parking lot landscaping requirements.

1.

Parking lots for more than eight cars shall landscape ten percent of the parking lot surface area. The landscaped area may be in the form of landscape islands, special brick paving or other landscaping as approved by the zoning administrator. Landscape islands shall be a minimum width of 16 feet and with a minimum surface area of 250 square feet. The landscaped area shall adhere to the size and material requirements of this chapter.

2.

On a corner lot, and at entrances, nothing shall be placed or allowed to grow in such a manner as to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within a triangular area 30 feet from the intersecting street right-of-way lines.

h.

Plant size requirements. Plant size requirements for landscaping areas shall be as follows:

1.

Deciduous trees shall be at least 2½ inches in diameter.

2.

Ornamental trees shall be a minimum of 1½ inches in diameter

3.

Evergreen trees shall have a minimum height of six feet.

4.

Potted shrubs shall be in a five gallon pot or larger.

5.

Evergreen shrubs used for screening purposes shall be at least three feet in height at planting. Evergreen shrubs will have a minimum spread of 24 inches.

i.

Landscape plans and screening plantings shall be completed within one year from the date a building permit is issued.

(12)

Noxious matter. The emission of noxious matter shall be controlled so that no such emission crosses the lot line of the property from which it originates. Noxious matter means any solid, liquid or gaseous material, including, but not limited to, gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare, or causes damage to property. The operator of the facility shall comply with a regular inspection schedule as approved by the city and shall submit reports of such inspections to the city.

(13)

Restricted operations. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare, or wastes shall not be permitted. Noise, odors, smoke, and particulate matter shall not exceed state pollution control agency standards. Glare, whether direct or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates.

(14)

Explosives. Any use requiring the storage, use or manufacturing of explosives, or other products which could decompose by detonation, shall not be located less than 400 feet from any residential use or residentially zoned area. This provision shall not apply to the storage or use of liquid fuel petroleum or natural gas for normal residential or business purposes, nor to the storage and distribution for retail sale of gasoline and other motor fuels if properly stored and handled according to applicable safety regulations.

(15)

Exceptions for legal nonconforming structures. The standards in this subsection do not apply to legal nonconforming single-family residential structures and properties in business and industrial districts, provided they are continuously used for residential purposes only, and provided any additions or alterations to these structures meet the standards of the R-1 District and other applicable zoning and building code standards. For legal nonconforming nonresidential structures in the business and industrial districts or for existing nonresidential development on properties that are rezoned to a business or industrial zoning district, the following exceptions shall apply:

a.

New construction projects for repairs, remodeling, or additions to a structure do not need to meet the standards in this subsection (15) if the construction increases the size of the building by less than ten percent, or if it increases the assessor's market value by less than 20 percent.

b.

Construction projects involving a building expansion between ten and 50 percent of the size of the building or an increase in assessor's market value between 20 and 50 percent of its value need not meet all the standards of this subsection (15), but shall be required to meet a reasonable proportion of the requirements of this subsection (15) as determined by the planning commission, upon the advice of the zoning administrator. If two or more smaller projects, over a period of five years or less, together exceed the percentage thresholds in this section, the property shall then meet a reasonable proportion of the requirements as determined by the zoning administrator.

c.

Construction projects involving a building expansion over 50 percent of the size of the building or an increase in assessor's market value over 50 percent of its value shall be required to meet all the standards of this section. If two or more smaller projects, over a period of five years or less, together exceed the percentage threshold in this section, the property shall then meet all the standards of this subsection (15).

d.

For the purposes of determining compliance with the standards in this subsection, site work not involving the structures on site shall be considered separately from work on the structures.

1.

For legal nonconforming uses, new construction projects for repairs, remodeling, or additions to the parking lot, outdoor spaces, landscaping, or other exterior features do not need to meet the standards in this section if the construction increases the size of these areas by less than ten percent.

2.

Construction projects involving an expansion of exterior space between ten and 50 percent of the size of the parking lot or other outdoor space need not meet all the standards of this section, but shall be required to meet a reasonable proportion of the requirements as determined by the planning commission, upon the advice of the zoning administrator.

3.

For the purposes of this subsection (15), adding one inch or more of new material to an existing parking lot surface shall be considered an increase of 100 percent of the area involved.

(16)

Shared parking in nonresidential districts. The standards for shared parking spaces for uses in all nonresidential districts are as follows:

a.

Required parking facilities serving two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use.

b.

A shared parking plan for two or more uses involving fewer than the total number of parking spaces required for each use may be approved by conditional use permit, if all of the following conditions can be met:

1.

No more than 50 percent of the required parking spaces for a given use may be shared with another use.

2.

For retail, medical, service, and office uses, required parking may be reduced by the establishment of a commercial parking district for the purpose of sharing parking with varying peak parking hours or availability of off-street public parking. The establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the city during the development's initial site plan review or subsequent site plan changes.

3.

The city council may authorize other reduced off-street parking requests though a special agreement. The reduction must be based on proven parking data for a specific development. The applicant shall show that there is no substantial conflict between the principal operating hours of the uses, which will share parking spaces.

4.

A properly drawn legal instrument covering access easements, cross parking arrangements, maintenance, or other pertinent issues, executed by the parties involved, and approved by the city attorney, shall be filed with the city clerk-administrator.

5.

Proof of available parking can be made available should a more intensive use be proposed for the site at a later time.

(17)

MX District parking standards.

a.

Parking requirements in the MX districts shall be governed by section 36-161(5) except for the following:

1.

Surface parking lots in the MX-2 and MX-3 districts shall be located at the side or rear of buildings and not in the front yard area. Surface parking lot or driveway access may not make up more than 25 percent of lot frontage.

2.

The required front setback for surface parking lots in the MX-1 and MX-3 districts shall include a planted boulevard that is a minimum of 20 feet in width and that meets the landscaping requirements of this chapter. City-owned right-of-way areas on the east side of Hastings Avenue shall be considered to meet all or part of the 20-foot boulevard requirement for the parcels adjacent to the right-of-way.

b.

In the MX-1 District, parking requirements shall be one space for every 350 square feet of office or retail gross floor area. On-street parking spaces that are adjacent to the parcel that the parking is being calculated for may be included in the calculation. The maximum number of off-street parking spaces permitted shall not exceed one space per 250 square feet of office or retail uses, except in the case of restaurants which shall be allowed one space per 200 square feet if shared parking facilities are not available.

c.

Parking standards for the MX-2 District are included in subsection (18)d of this section.

d.

Additional reductions in parking requirements in the MX-1 and MX-3 districts shall be permitted with demonstrations of proof of parking or a parking management strategy acceptable to the zoning administrator.

(18)

Additional standards for the MX-2 District.

a.

Height and setback standards.

1.

General setback standards for the MX-2 District are indicated on the table in section 36-240.

2.

Additional setback and building height standards for the MX-2 District include the following:

(i)

If new construction incorporates an existing structure located within a minimum setback, the city clerk-administrator may allow the setback for the building addition to be reduced to the established setback.

(ii)

All aboveground utility structures associated with electric, natural gas, telecommunications, cable television distribution lines, pipes, conduits, or other public utilities shall be located behind the minimum setback unless otherwise approved as part of the site plan approval. This applies to air vents, utility boxes, and back-flow preventers.

(iii)

Driveways may cross the front setback but shall be as near as perpendicular to the street for pedestrian safety and to minimize the intrusion into any landscaped area.

(iv)

Balconies may project up to two feet over the right-of-way, subject to an approved sidewalk encroachment agreement. Balconies shall have a minimum clearance of ten feet from grade.

(v)

When a lot abuts an existing single-family residence or a property that may be used for single-family residential purposes, a minimum side yard of 15 feet and a rear yard of 25 feet shall be required.

(vi)

The permitted maximum height of structures adjacent to single-family residential uses shall be determined by the distance of the structure to the boundary line of the nearest single-family residential district. Any required side or rear yard setback shall be increased by one foot for each additional one foot of height.

b.

Open storage prohibited. Outside storage shall be prohibited in the MX-2 District.

c.

Open space requirement. Developers will be expected to work with the city to provide a minimum of ten percent of residential project sites and five percent of commercial and mixed use project sites as open space. The open space may be designed as a square, plaza, terrace, or green, with a variety of landscaped and paved surfaces and seating areas. This requirement may be waived in cases where the city's master plan specifies the location and design of open space.

1.

All required open space shall be accessible to users of the building and shall be improved with seating, plantings, and amenities. Open space for commercial and mixed-use sites shall be visible from the street or pedestrian areas.

2.

Floor area ratio credits are allowed for all new developments when the pedestrian space is available for use by the public, including widened sidewalk areas.

d.

Parking requirements. For purposes of this section, a new use within the MX-2 District shall be required to meet the minimum/maximum parking spaces as shown in the following chart. All square footage is measured as gross footage.

1.

The required/permitted number of parking spaces of any building within the MX-2 District, including mixed-use buildings, shall be the sum total of the requirements for each use in the building.

2.

Parking maximums may be exceeded under the following circumstances, if one or more of the following is provided:

(i)

If structured or underground parking is provided on site, parking may be exceeded by 25 percent.

(ii)

If a shared parking agreement is executed, parking may be exceeded by 20 percent.

(iii)

If all parking spaces are located behind the building and are not visible from the public right-of-way, parking may be exceeded by ten percent.

(iv)

If driveways and access points are shared by at least two adjacent properties, parking may be exceeded by ten percent.

(v)

If a provision is made for combining or interconnecting adjacent parking lots and pedestrian access points, parking maybe exceeded by ten percent.

(vi)

In no case shall the cumulative increase in parking exceed 25 percent.

(vii)

A 25 percent parking reduction in the minimum number of parking spaces required is allowed if the principle use is located within 800 feet of a parking facility with public spaces available to the general public or within 800 feet of a public transit park and ride facility with an approved joint use agreement.

3.

No surface parking or maneuvering space shall be permitted within a required setback or between the primary structure and the front yard, except that driveways providing access to the parking area may be installed across these areas. It is the intent that these driveways be as nearly perpendicular to the street right-of-way as possible for pedestrian safety and to minimize intrusion into the landscaped areas.

4.

Parking requirements may be met on-site or off-site at a distance of up to 800 feet from the permitted use. Off-site parking to meet the requirements of this section may be provided through a lease, subject to the review and approval of the city.

5.

Parking that is located to the rear of the primary structure may extend the entire width of the lot, with the exception of any required screening or landscaped areas. Parking that is located to the side of the primary structure shall not cover more than 35 percent of the total lot width.

6.

Shared parking shall be permitted and encouraged.

7.

Bicycle parking shall be provided as a component of all parking facilities at a ratio of one bicycle space per 20 automobile spaces, or a minimum of two bicycle parking spaces, whichever is greater. Bicycle parking must be provided within view of each business front entrance. Adjoining businesses may share common bicycle parking areas.

8.

All parking areas for more than ten motorized vehicles (except for parking areas for townhouse dwellings on a single lot) shall provide screening. If a wall is provided, then the area devoted to the wall shall be wide enough to allow for its maintenance. The screening may be eliminated if abutting parking lots are combined or interconnected with vehicular and pedestrian access.

9.

Structured parking shall meet the following additional requirements:

(i)

At least 50 percent of the linear street level frontage of the facility shall be devoted to retain, office, civic, institutional, or residential uses. If 75 percent or more of the linear street frontage is devoted to such uses, then the total square footage of these uses shall be credited 100 percent toward the required FAR minimums.

(ii)

If retail, office, civic, institutional, or residential uses are constructed on the rear or side of the facility or above the ground floor on the street frontage of the facility, then the total square footage of these areas shall be credited 100 percent toward the required FAR minimums.

(iii)

Underground parking structures are permitted. Subsurface parking located in the minimum setback shall be permitted with an eight-foot clearance from the top of the subsurface structure to the sidewalk, subject to an approved encroachment agreement. No ventilation shall be permitted in the setback.

(iv)

A minimum nine-foot clearance shall be maintained on the first level and any additional level that provides disabled parking spaces. A minimum seven-foot clearance shall be maintained throughout the remainder of the parking deck to ensure the safe movement of vans and emergency vehicles.

e.

Loading standards.

1.

Nonresidential buildings and structures, excluding parking structures, subject to the provisions of this section, shall provide a minimum number of off-street service/delivery loading spaces. The loading spaces shall be designed and constructed so that all parking maneuvers can take place entirely within the property lines of the premises and shall not interfere with the normal movement of vehicles and pedestrians on the public rights-of-way. The loading spaces shall be a minimum of ten feet by 25 feet and shall be provided in accordance with the following:

(i)

Nonresidential uses with gross floor area.

A.

Less than 50,000 square feet: None required.

B.

50,000-150,000 feet: One space.

C.

Each additional 100,000 square feet: One space.

(ii)

Existing buildings are exempt from these standards.

2.

No loading spaces shall be permitted within any required or established setback, or between the primary structure and the required setback, except that driveways providing access to the loading area may be installed across these areas.

f.

Additional MX-2 District design standards.

1.

Connectivity and circulation.

(i)

Transit-oriented development uses shall be integrated with the surrounding area, easily accessible, and have a good internal circulation system for a variety of travel modes.

(ii)

A pedestrian sidewalk system shall meet the following standards:

A.

Internal sidewalk connections are required between buildings and from buildings to all on-site facilities (parking areas, bicycle facilities, open space, etc.). All internal sidewalks shall be finished with a hard surface as required by the city's public works department.

B.

External sidewalk connections are required to provide direct connections from all buildings on site to the existing or required sidewalk system and to adjacent multi-use trails, parks, and greenways. Sidewalks shall be constructed with a hard surface and of a width as required by the city's public works department.

2.

Street design.

(i)

Street walls.

A.

No blank walls are permitted to face public streets, walkways, or public open spaces.

B.

All nonresidential buildings fronting directly on a street shall be designed so that the first-floor street facade of the buildings along all streets include clear glass window and doors to create pedestrian interest. These openings shall be arranged so that the uses are visible from and to the street on at least 50 percent of the length of the first floor street level frontage.

C.

For all other uses, buildings shall be designed so that the first-floor street facade along all streets includes the use of clear glass windows and doors arranged so that the uses are visible from or accessible to the street on at least 25 percent of the length of the first floor street frontage.

D.

Expanses of blank walls shall not exceed 20 continuous feet in length. A blank wall is a facade that does not contain clear glass windows or doors or sufficient ornamentation, decoration or articulation.

E.

No reflective surfaces shall be permitted on street level exterior facades.

(ii)

Corner building placement. At intersections, buildings shall have front and side facades aligned at or near the front property line.

(iii)

Top of buildings. All rooftop mechanical equipment on buildings shall be screened from above or below (based on the type of mechanical equipment utilized) by integrating it into the building and roof design to the maximum extent feasible. Such equipment shall be screened with parapets or other materials similar to and compatible with exterior materials and architectural treatment on the structure being served. Horizontal or vertical slats of wood material shall not be utilized for this purpose. Solar and wind energy equipment is exempt from this provision if screening would interfere with system operations.

(iv)

Building entrances and orientation.

A.

Entrances shall be clearly visible and identifiable from the street and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features.

B.

At least one or more operable pedestrian entrances per building shall be provided, unless in a case where all the three circumstances below exist, only two entrances shall be required:

(1.)

When a lot abuts a public street right-of-way, at least one entrance shall be provided along all building facades fronting all public rights-of-way.

(2.)

When a lot abuts an existing or proposed public open space system, multi-use trail, or greenway, entrances shall be provided on the building facade closest to the public open space, multi-use trail, or greenway.

(3.)

When abutting a sidewalk in the rail station area, an entrance shall be provided on the building facade closest to the station area sidewalk.

(v)

Canopies. Canopies, awnings, cornices, and similar architectural accents are permitted on exterior building walls. Such features shall be constructed of rigid or flexible material design to complement the streetscape of the area. Any such feature may extend from the building no more than four feet. In no instance shall such feature extend over or interfere with the growth or maintenance of any required tree plantings. Minimum overhead clearance shall be eight feet. Ground supports for these features are not permitted in the minimum setback, sidewalk or public right-of-way.

(vi)

Exterior materials.

A.

The primary exterior opaque materials on each elevation of a building, except for the service side, must be brick, stone, decorative masonry, or similar materials, or a combination thereof.

B.

The following materials are not allowed as exterior materials: painted or unpainted concrete block, aluminum, vinyl or fiberglass siding or roofing materials, precast concrete materials, unless specifically approved by the city council for a new commercial building, painting of previously unpainted brick, and wooden exteriors.

C.

Sustainability standards. The city encourages the use of sustainable building materials and construction techniques through programs such as U.S. Green Building council's LEED (leadership in energy and environmental design) program, state sustainable building guidelines, and similar programs.

D.

Alternative designs or materials. To encourage creatively, imagination, innovation, and variety in architectural design, the planning commission may recommend modifications of the requirements of this section and the city council may approve such modifications upon determining that the proposed architectural design or exterior facades materials meet all of the following conditions:

(1.)

The proposed design or material is consistent with the purposes of this section.

(2.)

The proposed design or material would enhance the architectural appearance of the building and would be equal or superior to designs or materials permitted by this section.

(3.)

The proposed design or material would be in harmony with the character of adjacent buildings and the surrounding district.

(vii)

Screening standards.

A.

All service entrances, utility structures associated with a building, and loading docks or spaces shall be screened from the abutting property and from public view from a public street.

B.

Any fences or walls used for screening or other purposes shall be constructed in a durable fashion of brick, stone, and other masonry materials specifically designed as fencing materials. The finished side of the fence shall face the abutting property. Chain link, wood, vinyl, or barbed wire fences are not permitted.

C.

The composition of the screening material and the placement on the lot shall be left up to the discretion of the property owners as long as the intent of this section is met. A wall cannot be substituted for a planting strip along any public street unless supplemented by landscaping.

D.

Landscaping used for screening shall be evergreen and at least four feet tall with a minimum spread of two feet when planted and no further apart than five feet. Shrubs shall be adequately maintained as that an average height of five to six feet can be expected as normal growth within four years of planting. The average expected height may be reduced to four feet for screening along public streets.

E.

The maximum height for walls and fences shall be six feet or whatever is sufficient to visually screen the use but not less than four feet.

F.

Dumpsters, recycling containers, compactors, and solid waste handling areas are not permitted in any setback or yard and shall be screened from adjacent property and from public view with a six-foot high solid and finished masonry wall with closeable gates. In no instance shall a chainlink fence, wood, vinyl, or barbed wire fence be permitted.

(viii)

Buffer standards.

A.

All uses, other than single-family detached dwelling units, shall provide landscaping along all property lines abutting residentially used property located adjacent to the MX-2 District. This requirement also applies in situations where an alley with a right-of-way width of 25 feet or less separates uses in the MX-2 District from a non-MX-2 District residential property. Landscaping shall be provided along all property lines abutting the alley when adjacent to residential uses. Multifamily developments in an MX-2 District are exempt from this landscaping requirement when they abut other multifamily uses.

B.

In no instance shall a chainlink, wood, vinyl, or barbed wire fence be permitted.

(ix)

Exterior lighting standards.

A.

Exterior lighting shall be used to provide illumination for the security and safety of entry drives, parking, service and loading areas, pathways, courtyards and plazas, without intruding on adjacent properties and shall comply with the following standards:

(1.)

Poles and fixtures shall be architecturally compatible with structures and lighting on-site and on adjacent properties.

(2.)

Security lighting shall be adequate for visibility, but not overly bright.

(3.)

Metal halide lighting shall be used with a concealed light source of the "cut-off" variety to prevent glare and "light trespass" onto adjacent buildings and sites.

(4.)

Poles within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade, and shall be coordinated with city standards.

(5.)

Poles in parking lots shall have a maximum height of 24 feet measured from finished grade.

(6.)

Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements or to help establish scale or provide visual interest.

(7.)

"Wall packs" shall be permitted only in loading and service areas and shall be down-lit and shielded from view.

(8.)

Shielded illumination or fixtures shall be permitted to light building mounted signage, building facades, or pedestrian arcades if they are integrated into a building's architectural design.

(9.)

Lighting should highlight entrances, art, terraces, and special landscape features.

(10.)

Separate pedestrian scale lighting or other low-level fixtures, such as bollards, shall be incorporated for all pedestrian ways through parking lots and drop-off areas at entrances to buildings.

(11.)

All primary walkways, steps, or ramps along pedestrian routes shall be illuminated.

B.

Light intensity.

(1.)

A photometric lighting plan is required for all proposed commercial developments to ensure that adequate and appropriate light levels are provided for each site condition.

(2.)

Lighting shall not exceed 0.1 footcandle at residential property lines or 0.5 footcandle on nonresidential property lines measured on a vertical plane.

(3.)

The following minimum levels of illumination must be maintained for each of the specific locations:

(A.)

Building entrances: Five footcandles.

(B.)

Sidewalks: Two footcandles.

(C.)

Bikeways: One footcandle.

(D.)

Courts/plazas/terraces: One and one-half footcandles.

(E.)

Ramps: Five footcandles.

(F.)

Stairways: Five footcandles.

(G.)

Underpasses: Five footcandles.

(H.)

Waiting areas: One footcandle.

(I.)

Parking lots: One footcandle.

(x)

Signs, banners, flags and pennants. Where signs, banners, flags, and pennants for identification or decoration are provided, they shall conform to the following:

A.

Wall signs shall have a maximum of 150 total square feet or five percent of the building wall area occupied by the user, whichever is less. Wall signs may be increased by 20 square feet per sign in lieu of a ground mounted or monument sign.

B.

Signs are permitted to project up to two feet into the minimum setback as measured from the building. Under no circumstances shall a sign project more than four feet from the back of the curb. A minimum overhead clearance of eight feet from the sidewalk shall be maintained.

C.

Marquee signs are permitted.

D.

Ground-mounted or monument signs are permitted as follows:

(1.)

Signs shall not exceed ten feet in height and 40 square feet in area.

(2.)

Signs shall be located behind the right-of-way and out of any sight distance triangle.

(3.)

Signs shall be setback five feet from any property line.

(4.)

No freestanding pole signs shall be permitted.

(5.)

No off-premises signs shall be permitted.

E.

Signs shall also conform to sections 36-552 and 36-557.

(xi)

Landscaping standards.

A.

The plan for landscaping must include ground cover, bushes, trees, foundation plantings, sculpture, fountains, decorative walks, or other similar site design features or materials. Landscaping must conform to the requirements of subsection (10) of this section;

B.

Landscaping shall support the purpose and intent of the district and be consistent with the station area plan or adopted master plans for the district.

g.

Design manual. All design guidelines included in the city's Red Rock Transit District design guidelines shall apply. The design guidelines have been adopted as part of the city's comprehensive plan.

(Code 1997, §§ 1330.05(3)—(7), (9)—(14), (16)—(19), 1330.06(3), 1350.18(C), 1350.19(A)—(G); Ord. No. 2016-2, § 1330.05(3), 1-21-2016; Ord. of 04-01-2021)

(a)

RE, R-1 and R-1A standards. The following standards are applicable to the RE, R-1 and R-1A Residential districts:

(1)

Exterior storage and screening.

a.

All waste, refuse, garbage and containers shall be kept in a building or in a fully screened area, except as allowed before a scheduled collection.

b.

All non-operating vehicles or equipment shall be kept within a fully enclosed building.

c.

No exterior storage shall be allowed in the front yard, except parking of operable vehicles, on concrete, blacktop, or similar durable hard surface free of dust.

d.

All exterior storage in the street side yard of a corner lot shall be fully screened from the street and adjacent properties.

e.

No more than four vehicles including passenger cars, trailers, recreational vehicles, recreational equipment, truck, bus, off-road vehicles, or similar may be parked or stored in any yard area on a residential property at any one time, subject to the following conditions and exceptions:

1.

Vehicles, recreational vehicles, and equipment parked on a trailer shall by counted as one vehicle.

2.

One Class I commercial vehicle may be parked on a residential property at any time.

3.

Class II commercial vehicles are prohibited from being parked or stored on any residential property.

4.

Off-road motor vehicles are prohibited from being parked or stored in the front yard and shall be screened from public view or parked or stored in an enclosed structure.

5.

Up to two items of recreational equipment, as defined and regulated in section 32-39, shall not count towards the total vehicles stored on a property if completely screened, as defined in section 36-1, from the public right-of-way and abutting properties.

(2)

Lighting. Lighting used to illuminate any exterior area or structure shall be arranged so as to direct the light away from any adjoining property or from the public street.

(3)

Agritourism. Agritourism uses are permitted in the RE district with the following standards:

a.

The minimum lot size for agritourism uses shall be two acres.

b.

The agritourism use shall be a subordinate use to the agricultural and/or single-family residential use of the property.

c.

Agritourism uses may be permitted by an interim use permit (IUP) on properties in the residential estates (RE) district. The application for the IUP shall include all items that the city requires for an IUP, including the following:

1.

A detailed site plan that includes the entire property where the agritourism use is proposed drawn to an appropriate scale showing the property boundaries, existing buildings, existing driveway access and parking areas, existing septic system and well, existing screening from adjacent properties; and proposed buildings, parking location, size and surface, and driveways, area(s) where the agritourism use will be operated, setbacks, proposed sanitary and drinking water facilities, and proposed fencing and screening.

2.

A detailed written description of current activities and uses on the property and proposed activities and uses, including proposed hours and frequency of activities, size of groups, and general natural of proposed activities.

d.

The property owner shall provide for adequate facilities, including sanitary facilities and drinking water, for the agritourism use. If the activities will require the use of the existing or a new on-site septic system, the owners shall provide evidence from Washington County that the existing and/or proposed septic system is adequate to serve the proposed use. The proposed parking areas shall meet the ordinance requirement for an improved surface that is durable and dustless, unless otherwise approved by the city engineer.

e.

The property and agritourism use shall have a direct access from a public roadway.

f.

All parking for the agritourism use shall be provided within the site and shall meet the ordinance requirements. No parking shall occur on public roadways.

g.

The maximum number of participants in each agritourism activity shall be 50 persons.

h.

No amplified sound shall be permitted for agritourism activities.

i.

Signs must conform to the requirements for the zoning district.

j.

The agritourism use shall conform to all local, state, and federal requirements for the use.

(b)

Standards for the R-2 and R-3 residential districts and nonresidential districts. Standards in 36-162 for nonresidential districts also apply to the R-2 and R-3 districts.

(1)

Minimum floor area for multiple-family dwellings.

a.

The minimum floor area of an efficiency dwelling unit shall be not less than 400 net square feet, that of a one-bedroom dwelling unit shall be not less than 700 net square feet, and that of a two-bedroom dwelling unit shall be not less than 900 net square feet. Units containing three or more bedrooms shall have an additional 150 net square feet of floor area for each bedroom in excess of two bedrooms.

b.

For purposes of measurement, the net floor area of a dwelling unit means that area within a building used as a single dwelling unit, and shall be measured from the inside walls to the center of partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or unenclosed public porches, separate utility rooms, furnace areas or rooms, storage areas not within the apartment, or garages.

(2)

Design and construction requirements.

a.

Design review. If a conditional use permit is required, the plans for a multiple dwelling must be approved by the city council upon a recommendation by the planning commission after review of the plans set forth in subsection (b)(2)b of this section. The planning commission and city council may designate conditions or guarantees in connection with the conditional use permit, which will substantially secure the provisions of the district. In granting the permit, the planning commission and city council shall consider the requirements of subsection (b)(2)b of this section and may consider other factors affecting the public health, safety and welfare.

b.

Building design and construction. A building permit and conditional use permit, if required, for a multiple dwelling building shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in the state stating that the design of the building and site has been prepared under his direct supervision. Any building of type I or II construction, as provided in the state building code, shall have its electrical, mechanical and structural systems designed by registered engineers. Provisions of this section shall not prohibit the preparation of the site plan by a professional site planner. Such plans shall include the following:

1.

Complete details of the proposed site development including location of buildings, driveways, parking spaces, lot dimensions, lot area and yard dimensions;

2.

Complete landscaping plans including species and size of trees and shrubs proposed;

3.

Complete plans for proposed sidewalks to service parking, recreation and service areas within the proposed development;

4.

Complete plans for stormwater drainage systems sufficient to drain and dispose of all surface water accumulations within the area;

5.

Complete structural, electrical and mechanical plans for the buildings;

6.

Complete plans and specifications for exterior wall finishes proposed for all principal and accessory buildings.

c.

Type of construction. Any building more than two and one-half stories in height shall be of type I of type II construction as provided in the state building code.

d.

Efficiency dwelling units. No more than 20 percent of the dwelling units in any one building shall be efficiency dwelling units.

e.

Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:

1.

One-bedroom unit: Ten lineal feet of closet space and 80 cubic feet of bulk storage. Only closet space having a minimum clear finish to finish depth of 24, shall be considered in determining the lineal feet of closet provided;

2.

Two-bedroom unit: 24 lineal feet of closet space and 100 cubic feet of bulk storage. Only closet space having a minimum clear finish to finish depth of 24 inches, shall be considered in determining the lineal feet of closet provided;

3.

Three or more bedrooms: For each bedroom in excess of two in any one dwelling unit, an additional ten lineal feet of closet space and 50 cubic feet of bulk storage volume shall be required.

f.

Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine-frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid core construction and include gaskets and closure plates. Room relationships, hallway designs, door and window placements and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.

g.

Projecting air conditioning and heating units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate nor transmit sound nor disrupt the architectural amenities of the building. Units projecting more four inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the building inspector, which shall be given when building structural systems prevent compliance.

h.

Trash incinerators and garbage. Except with townhouse and multiple residence sites of four or less units, no exterior trash or garbage disposal or storage shall be permitted. In the case of townhouse and multiple residences with four or less units, there shall be no exterior incineration, and any storage shall be completely enclosed by walls six feet in height.

i.

Elevators. Any multiple residence building of three stories or more shall be equipped with at least one public elevator.

j.

Accessory buildings. Exteriors of accessory buildings shall have the same exterior finish as the principal structure.

(3)

Recreations and open space. Multiple family residential projects shall contain an adequate amount of land for park, recreation or local open space use, exclusive of sump and drainage areas which shall not be less than 20 percent of the gross area of the property and shall consist principally of land within the building setback lines.

(c)

Standards for all residential districts.

(1)

Building materials in residential districts.

a.

The exterior primary building materials of principal and accessory residential structures may include wood, lap siding with wood appearance (shall not include corrugated or flat metal panels), vinyl, brick, stone, marble, glass, decorative concrete block, stucco, and equivalent or better products. Asphalt shingles, metal (finished metal standing seam), roofing tiles, slate, copper, and materials with a similar appearance to those materials may be used for roofing materials.

b.

Accessory structures shall be constructed of durable, finished materials and shall be compatible in color to the principal structure. Accessory structures over 150 square feet in area shall be compatible with the principal structure in terms of design, roof style, pitch, and color. Metal accessory buildings are permitted only in the Residential Estates (RE) District.

(2)

Dwelling and manufactured single-family dwellings. All dwellings and manufactured single-family dwellings constructed or established after the adoption of this Code shall meet the following criteria:

a.

The dwelling and manufactured single-family dwelling shall be placed on and secured to a permanent foundation of concrete, masonry, or treated wood;

b.

The dwelling and manufactured single-family dwelling shall have a minimum length and width of 20 feet at all points, providing that such measurements shall not include overhangs and other projections beyond the principal exterior walls;

c.

The dwelling and manufactured single-family dwelling shall include an attached or detached private garage on the lot;

d.

The dwelling shall comply with the state building code and the manufactured single-family dwelling shall comply with applicable state statutes.

(3)

Home occupations. All home occupations shall meet the following requirements:

a.

The number of employees shall be limited to one person in addition to family members residing within the home;

b.

The area within the dwelling used by the home occupation shall not exceed 20 percent of the dwelling's livable floor area;

c.

On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling;

d.

Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling;

e.

Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case shall customer vehicles be parked on public or private roads;

f.

Only one sign shall be permitted. Such sign shall be a non-illuminated nameplate of not more than three square feet in area, and shall be attached to the entrance of the dwelling and, in the case of a rural home occupation; it may be attached to the dwelling or the accessory structure.

(4)

Residential building design review standards. All residential units proposed for construction on existing vacant lots or lots that become vacant by reason of demolition or destruction of existing structures within the R-1 District west of State Trunk Highway 61 shall require a design permit, and shall be reviewed according to the following process and standards:

a.

Site plan review and review process.

1.

Initial meeting. The applicant shall first meet with the zoning administrator. The zoning administrator will explain the goals and intent of the design permit, site plan and design review process, along with the guidelines, application requirements and schedule.

2.

Design permit, site plan and building elevations. The applicant shall apply for a design permit for the proposed residential building. the application shall include submission of a site plan to the city and approval of a design permit before building permits are issued for new residential buildings on a vacant lot. The site plan shall be drawn to scale and show the following: site location, all proposed buildings, driveways, sidewalks, and other impervious surfaces, the number of dwelling units the building is intended to accommodate, and building elevations drawn to scale.

3.

Application submission and filing fee. The applicant must submit the site plan and building elevations to the city along with a permit application and filing fee set by the city council.

4.

Site plan review. The zoning administrator shall review and may approve the site plans and design permit. The zoning administrator shall notify the planning commission of all approved plans. The zoning administrator may request that the planning commission review the site plan and building elevations and provide comments or recommend conditions for approval. The planning commission may hold a public hearing on the application. Notice of the public hearing must be published in the city legal newspaper at least ten days before the hearing and notice mailed to property owners within 500 feet of the site. At the hearing, the planning commission will either recommend approval, approval with conditions, or disapproval of the proposed site plan.

5.

HPC review. The zoning administrator may refer the site plan and elevations to the city heritage preservation commission for review if the site is adjacent to or would impact an identified historic structure or site. HPC comments shall be presented at the public hearing.

6.

Approval. If the application is approved, the zoning administrator will issue a design permit to the applicant and a copy to the building inspector.

7.

Appeal. The applicant or any interested person aggrieved with the zoning administrator's decision may, within ten days, revise and resubmit the application to the zoning administrator or appeal the decision to the city council.

8.

Building permit. After the application is approved, the plans may be completed and submitted to the building inspector for building permit review. The final plans will also be reviewed for design permit compliance by the zoning administrator. The building inspector or zoning administrator will monitor compliance with the design permit and any conditions of approval.

b.

Building design standards.

1.

Relationship to adjacent buildings. All new buildings proposed on existing vacant lots or lots that become vacant through demolition shall relate to the design of adjacent traditional buildings in scale, size, proportions and character. This can be achieved by maintaining similar setbacks, facade divisions and proportions, porch elements, roof form and lines, rhythms and proportions of openings, building materials, details and colors. Historic architectural styles need not be replicated.

2.

A primary entrance shall face an improved abutting street or be located off of a front porch, foyer, courtyard or similar architectural feature, and set back at least eight feet from the side lot line.

3.

For principal structures, above-grade window and door openings shall comprise at least 15 percent of the total area of exterior walls facing a public street or sidewalk. In addition, abovegrade window and door openings shall comprise at least ten percent of the total area of all exterior walls. Windows in garage doors shall count as openings; the area of garage doors themselves shall not count as openings. Windows shall be clear or translucent.

4.

Residential structures shall be set back far enough from the street to provide a private yard area between the boulevard and the front door. Landscaping, steps, porches, grade changes, and low ornamental fences or walls may be used to provide increased privacy and livability.

5.

Building materials and architectural treatments used on sides of buildings facing an abutting public street and on accessory structures should be similar to those used on principal facades.

6.

The design and siting of the building should seek to preserve existing trees on the site and immediately adjacent lots. The landscape design should consider permeable materials for paths and driveways to protect existing mature trees in sensitive areas.

(Code 1997, §§ 1330.05(21), (22), 1340.06, 1340.07; Ord. No. 2016-7, 8-18-2016; Ord. No. 2020-03, 5-21-2020; Ord. No. 2022-02, § 3, 4-7-2022)