This article establishes zoning districts in the city jurisdictional area; adopts an official zoning map; provides for permitted and special uses; and includes specification and performance standards for each district.

A zoning district is a geographic area within which development of certain uses and buildings is permitted upon approval of a zoning conformance permit (see section 6.03.210) and certain other uses and buildings may be developed upon approval of a special use permit (see section 6.03.220).

The following zoning districts and their boundaries, as shown on the Polson City Zoning Districts Map, are established:

1.

Low Density Residential (LRZD);

2.

Medium Density Residential (MRZD);

3.

Old Town Zoning District (OTZD);

4.

Mixed Residential (XRZD);

5.

Transitional (TZD);

6.

Resort (RZD);

7.

Highway Commercial (HCZD);

8.

Central Business (CBZD);

9.

General Commercial-Industrial (CIZD);

10.

Recreational Vehicles and General Campgrounds (RVZD); and

11.

Hospital Mixed (HMZD).

An overlay district modifies the regulations applicable in the zoning districts "over" which it is mapped. The following overlay districts and their boundaries, as shown on the Polson City Zoning Districts Map, are established:

1.

Airport Safety (ASOD);

2.

Wellhead Protection (WPOD); and

3.

Resort Residential (RROD).

Portions of these overlay districts are established in areas outside the municipal boundaries of the city to address likely overlay zoning with future jurisdiction of the city upon annexation. The overlay districts are shown on the zoning map to inform the landowners that upon annexation into the City of Polson, the applicable overlay district would apply to the mapped areas.

The Polson City Zoning Districts Map is adopted, by reference, as part of these regulations. The most recently adopted, official copy of that map shall be maintained for public inspection at the office of the administrator.

Any person who disputes the location of a zoning district boundary, as interpreted by the administrator, may appeal the administrator's decision to the city board of adjustment (BOA) using the procedure of section 6.03.310. When definite distances are not shown on the zoning district map, the following rules apply:

1.

Boundaries indicated as approximately following the right-of-way or centerlines of streets, highways, trails, pathways or alleys shall be construed to follow such rights-of-way or centerlines;

2.

Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits;

3.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; and

4.

Boundaries indicated as approximately following centerlines of streams, rivers, canals, irrigation ditches or other bodies of water or other physical features shall be construed as to follow such centerlines.

It is the intent of this section to group similar or compatible land uses into specific zoning districts, either as permitted or special uses. Evaluation of uses shall be as follows:

1.

The administrator shall determine if a use not listed is materially similar to a permitted or special use listed in that chapter. Interpretations may be appealed to the city BOA (see section 6.03.310).

2.

Materially similar means the use provides a similar function, occurs within a similar structure or setting, and has a similar scale to a permitted or special use listed in that chapter.

3.

Land uses deemed not to be materially similar to a permitted or special use shall be prohibited unless a variance is received (see section 6.03.320) or amendment to these regulations is made (see section 6.03.400).

Uses that are required to be permitted in a zoning district by state statute shall be permitted in accordance with state law whether or not the use is included in this chapter.

The table below provides an illustrative look at land uses allowed in the various zoning districts. The district regulations in this chapter provide more detail. In case of a conflict between the table and the district regulations, the district regulations prevail. Specific questions and interpretations regarding land uses and districts should be directed to the administrator.

Table 2.1

Key:

P = Permitted use. A land use allowed as-of-right in the district, subject to compliance with performance and specifications standards and other requirements.
S = Special use. A land use that may be approved in accordance with the review procedure in section 6.03.220.
- = A land use that is not permitted in the specific district without a variance (section 6.03.320) or a zoning amendment (section 6.03.400).

1.

Purpose. The low density residential zoning district (LRZD) is intended to provide for neighborhoods of single-family dwellings that are typically connected to municipal utilities.

2.

Land Use. The permitted and special uses allowed in the LRZD shall be as shown in Table 2.2. All uses not explicitly permitted are prohibited.

Table 2.2 LRZD Land Use

3.

Specification standards. The specification standards for the LRZD appear in Table 2.3.

Table 2.3. LRZD Specification Standards

*Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of Article 4, as applicable, and the following additional performance standards.

a.

Outdoor storage. See also section 6.04.400, Potential nuisances. Outdoor storage shall be permitted anywhere it is fully screened from public view and adjoining properties. Outdoor storage that is not fully screened shall be permitted anywhere in rear yards, but not in front yards, or any required side setback areas. This permits storage to the side of a dwelling that has a larger than required side setback area, except that:

i.

Construction equipment and materials may be stored in front, rear and side yards (including setback areas) during the course of work for which a permit has been approved in compliance with these regulations. This exception expires with the permit or upon issuance of a certificate of compliance.

ii.

Vehicles and watercraft with current registrations may be parked in front, rear and required side yards (including setback areas). Parked vehicles or watercraft shall not block vision at intersections or where driveways enter public streets.

b.

Accessory buildings. Accessory buildings shall be permitted in rear yards, but not in front yards or required side setback areas. However, on lots abutting Flathead Lake or the Flathead River, accessory buildings may be placed in front yards in compliance with the required setback distance.

c.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special use (like a religious institution or school); and

iv.

Provide a minimum six-foot high opaque wood or masonry fence and a landscape buffer between all outdoor play areas and adjacent dwellings (see section 6.04.410).

v.

Day care centers may display a single non-illuminated wall sign of no more than 16 square feet (as provided in sign ordinance as an appendix to the Development Code).

5.

Overlay districts. All developments shall comply with the additional requirements imposed by overlay districts. The resort residential overlay district applies to a portion of this district.

1.

Purpose. The medium density residential zoning district (MRZD) is intended to permit the development of single-family, two-family and multiple-family dwellings with municipal services.

2.

Land use. The permitted and special uses allowed in the MRZD shall be as shown in Table 2.4. All uses not explicitly permitted are prohibited.

Table 2.4 MRZD Land Use

3.

Specification standards. The specification standards for the MRZD appear in Table 2.5.

Table 2.5 MRZD Specification Standards

* The front setback may be reduced to 15 feet along internal roads serving multiple-family dwelling complexes and mobile home parks.
** Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, including performance standards for multi-family dwellings (section 6.04.460), and the following additional performance standards.

a.

Outdoor storage. See also section 6.04.400, Potential nuisances. Outdoor storage shall be permitted anywhere it is fully screened from public view and adjoining properties. Outdoor storage that is not fully screened shall be permitted anywhere in rear yards, but not in front yards, or any required side setback areas. This permits storage to the side of a dwelling that has a larger than required side setback area, except that:

i.

Construction equipment and materials may be stored in front, rear and side yards (including setback areas) during the course of work for which a permit has been approved in compliance with these regulations. This exception expires with the permit or upon issuance of a certificate of compliance.

ii.

Vehicles and watercraft with current registrations may be parked in front, rear and required side yards (including setback areas). Parked vehicles or watercraft shall not block vision at intersections or where driveways enter public streets.

b.

Accessory buildings. Accessory buildings shall be permitted in rear yards, but not in front yards or required side setback areas.

c.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special permit use (like a religious institution or a school)

iv.

Provide a minimum six-foot high opaque wood or masonry fence or a 20-foot landscaped buffer between all outdoor play areas and adjoining dwellings (see section 6.04.410).

v.

Day care centers may display a single wall sign of no more than 16 square feet and external lighting only (as provided in sign ordinance as an appendix to the Development Code).

d.

Multiple-family dwelling complexes. Multiple-family dwelling complexes include more than eight units and shall:

i.

Recommend direct access onto a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets;

ii.

Provide all improvements required by section 6.04.460, Performance standards for multiple-family dwellings; and

iii.

Include site improvements that are maintained by the owner or an owners association.

e.

Mobile home parks. Mobile home parks do not permit short-term (less than 30 days) occupancy, and shall:

i.

Have direct access onto a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets; and

ii.

Provide all improvements required by article 4, division 2, with internal improvements being maintained by the owner or operator, as applicable.

iii.

All mobile home parks must be licensed by the Montana Department of Public Health and Human services.

5.

Overlay districts. All developments shall comply with the additional requirements imposed by overlay districts. The resort residential overlay district applies to a portion of this district.

1.

Purpose. The old town zoning district (OTZD) is intended to permit the development of single-family, two family and multiple-family dwellings with municipal services in accordance with the city's historic residential development pattern.

2.

Land use. The permitted and special uses allowed in the OTZD shall be as shown in Table 2.6. All uses not explicitly permitted are prohibited.

Table 2.6 OTZD Land Use

3.

Specification standards. The specification standards for the OTZD appear in Table 2.7.

Table. 2.7 OTZD Specification Standards

* Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, including performance standards for multi-family dwellings (6.04.460), and the following additional performance standards.

a.

Outdoor storage. See also 6.04.400, Potential nuisances. Outdoor storage shall be permitted anywhere it is fully screened from public view and adjoining properties. Outdoor storage that is not fully screened shall be permitted anywhere in rear yards, but not in front yards, or any required side setback areas. This permits storage to the side of a dwelling that has a larger than required side setback area, except that:

i.

Construction equipment and materials may be stored in front, rear and side yards (including setback areas) during the course of work for which a permit has been approved in compliance with these regulations. This exception expires with the permit or upon issuance of a certificate of compliance.

ii.

Vehicles and watercraft with current registrations may be parked in front, rear and required side yards (including setback areas). Parked vehicles or watercraft shall not block vision at intersections or where driveways enter public streets.

b.

Accessory buildings.

i.

Accessory buildings shall be permitted in rear yards but not in front yards or required side setback areas.

ii.

Detached accessory dwelling units, including an apartment above a detached garage, are not allowed in this district.

c.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special use (like a religious institution or a school)

iv.

Provide a minimum six-foot high opaque wood or masonry fence or a 20-foot landscaped buffer between all outdoor play areas and adjoining dwellings (see section 6.04.410).

v.

Day care centers may display a single wall sign of no more than 16 square feet and external lighting only (as provided in sign ordinance as an appendix to the Development Code).

5.

Overlay Districts. All developments shall comply with the additional requirements imposed by overlay districts.

1.

Purpose. The mixed residential zoning district (XRZD) is intended to provide for the continuation of a residential neighborhood with single-family, two family and multi-family structures that are connected to municipal services.

2.

Land Use. The permitted and special uses allowed in the XRZD district shall be shown in Table 2.8. All uses not explicitly permitted are prohibited.

Table 2.8 XRZD Land Use

3.

Specification standards. The specification standards for this district are shown in Table 2.9.

Table 2.9 XRZD Specification Standards

* Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, including performance standards for multi-family dwellings, as applicable, and the following additional performance standards:

a.

Special standard. Streets having a right-of-way width of 40 feet and a length of 200 feet or less shall not be required to provide sidewalks in this district.

b.

Outdoor storage. See also section 6.04.400, Potential nuisances. Outdoor storage shall be permitted anywhere it is fully screened from public view and adjoining properties. Outdoor storage that is not fully screened shall be permitted anywhere in rear yards, but not in front yards, or any required side setback areas. This permits storage to the side of a dwelling that has a larger than required side setback area, except that:

i.

Construction equipment and materials may be stored in front, rear and side yards (including setback areas) during the course of work for which a permit has been approved in compliance with these regulations. This exception expires with the permit or upon issuance of a certificate of compliance.

ii.

Vehicles and watercraft with current registrations may be parked in front, rear and required side yards (including setback areas). Parked vehicles or watercraft shall not block vision at intersections or where driveways enter public streets.

c.

Accessory buildings. Accessory buildings shall be permitted in rear yards, but not in front yards or the required side setback areas (this permits accessory buildings in side yards that are larger than the required setback).

d.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special use (like a religious institution or a school)

iv.

Provide a minimum six-foot high opaque wood or masonry fence or a 20-foot wide landscape buffer between all outdoor play areas and adjoining dwellings (see section 6.04.410).

v.

Day care centers may display a single non-illuminated wall sign of no more than 16 square feet (as provided in sign ordinance as an appendix to the Development Code).

5.

Overlay districts. All developments shall comply with the additional requirements imposed by overlay districts. The resort residential overlay district applies to a portion of this district.

1.

Purpose. The transitional zoning district (TZD) is intended to provide for a well-planned transition from predominantly single-family residential to higher density residential, limited-scale commercial, and mixed uses in specific areas predominantly located near the central business district. Transitional developments must comply with performance standards designed to protect the remaining residences.

2.

Land Use. The permitted and special uses allowed in the TZD shall be as shown in Table 2.10. All uses not explicitly permitted are prohibited.

Table 2.10. TZD Land Use

3.

Specification standards. The specification standards for the TZD appear in Table 2.11.

Table 2.11. TZD Specification Standards

* The front setbacks may be reduced to 15 feet along internal roads serving multiple-family dwelling complexes.
**Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, and these additional performance standards.

a.

Transition to multiple-family dwellings. Multiple-family dwellings with up to four units per structure are a permitted use in the TZD. Multiple-family dwellings shall comply with the performance standards for the MRZD and detailed performance standards for multiple-family dwellings (section 6.04.460).

b.

Transition to commercial uses: residential conversions. A residential conversion is the conversion of a single existing dwelling to commercial use.

i.

Land use. The limited commercial uses permitted shall be compatible with neighboring residences. They shall retain a residential appearance and scale, be limited to the signage requirements of the sign ordinance [as found in the appendix to the Polson Development Code,] and generate low to moderate levels of activity. Examples of the commercial uses that may be appropriate in the TZD include:

(A)

Retail sale of clothing and locally produced arts, crafts and foodstuffs;

(B)

Retail coffee and tea shops, confectioneries and bakeries;

(C)

Book and stationery stores;

(D)

Retail florist;

(E)

Gift shops;

(F)

Insurance and real estate offices;

(G)

Beauty and barber services;

(H)

Legal and other professional services;

(I)

The offices of civic organizations; and

(J)

Travel agencies.

ii.

Operating hours. Public operating hours shall begin no earlier than 8:00 a.m. and end no later than 10:00 p.m.

iii.

Landscaping. Landscaping shall meet the requirements of section 6.04.410.

iv.

Side and rear yards. A minimum 6 foot high opaque wood fence or masonry wall shall be installed and maintained along the side and rear property lines that adjoin dwellings. The city may also require supplemental plantings to protect the privacy and enjoyment of residential neighbors. Rear yards may be used as outdoor dining or display areas, but shall be shielded from view.

v.

Front yard. The front yard shall be left unfenced, or if one is existing, or in conformance with neighboring properties, with a low, open fence (like a picket fence) or hedge. No commercial use shall be made of the front yard, except during business hours.

vi.

Architecture. A residence being converted to commercial use may be remodeled or expanded, in compliance with these regulations and the city's fire and building codes, but such activity shall retain a residential appearance and scale. A maximum 3,000 square foot single use commercial structure is allowed; or 3,000 square foot building footprint for a mixed-use building or a live-work unit, so long the building does not exceed the maximum height requirement in Table 2.11.

vii.

Parking. Residential development shall provide off-street parking in compliance with Table 4.2. Customers and employees may utilize public street areas.

viii.

Signage. All signs shall meet the requirements of the sign ordinance as found in the appendix to the Polson Development Code.

c.

Block conversions. A block conversion is the development of commercial or mixed commercial and multiple-family dwellings on at least one-half of a platted block.

i.

Land use. Block conversions involve a higher intensity of commercial use, but must still respect neighboring residences. Examples of additional uses that may be appropriate in a block conversion in the TZD include:

(A)

Retail apparel and accessories;

(B)

Retail electronics (but not including installation of automotive sound systems);

(C)

Eating and drinking places (but not including drive-in restaurants);

(D)

Other retail uses that do not require large outdoor sales areas, outdoor storage, or drive-in service;

(E)

Finance, insurance, and real estate services;

(F)

Personal services such as laundering, photography, beauty and barber shops, apparel alteration and repair, and funeral and crematory services; and

(G)

Professional services such as medical and health, law, engineering, and surveying, education, research and accounting.

ii.

Landscape. There shall be a coherent landscape plan for the entire development. Landscaping will not retain its residential character with a maximum 75 percent lot coverage, but should retain functional existing vegetation to the extent possible, and utilize landscape design themes from the surrounding residential neighborhood. See section 6.04.410 for landscape requirements.

iii.

Architecture. The buildings in the block conversion shall present a coherent appearance and utilize themes from the surrounding residential neighborhood.

iv.

Outdoor sales and storage. Limited outdoor sales and open dining areas, shall be permitted during business hours. All storage except temporary storage of construction materials and equipment being used for work in progress, shall be shielded from view using a structure, privacy fence or landscaping.

v.

Parking. Residential development shall provide off-street parking in compliance with Table 4.2. Customers and employees may utilize public street areas.

vi.

Signage. All signs shall meet the requirements of the sign ordinance as found in the appendix to the Polson Development Code.

d.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special use like a religious institution or a school;

iv.

Provide a minimum six-foot high opaque wood or masonry fence or a 20-foot wide landscaped buffer between all outdoor play areas and adjoining dwellings (see section 6.04.410).

v.

Day care centers may display a single building-mounted sign of no more than 16 square feet and four-foot maximum projection, external lighting only (as provided in sign ordinance as an appendix to the Development Code).

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

1.

Purpose. The resort zoning district (RZD) is intended to permit mixed higher density residential and resort commercial development primarily along the Flathead Lake and Flathead River shoreline. Because the lakeshore and riverfront is so critical to the city's prosperity and quality of life, unique uses in the RZD require a special use permit.

2.

Land Use. The permitted and special uses allowed in the RZD shall be as shown in Table 2.12. All uses not explicitly permitted are prohibited.

Table 2.12. RZD Land Use

3.

Specification standards. The specification standards for the RZD appear in Table 2.13. In addition, special uses with lake facilities may be required to include a shore side pumpout station for sewage disposal. Note also that a lot coverage incentive is offered for provision of public access to the shoreline: see subsection 4.e, below.

Table 2.13 RZD Specification Standards

* Mixed resort commercial not limited to 16 units.
** The front setback may be reduced to 15 feet along internal roads serving multiple-family dwelling complexes and mobile home parks.
*** Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, and these additional performance standards.

a.

Multiple-family dwelling complexes. Multiple-family dwelling complexes include more than eight units and shall:

i.

Have direct access onto a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets;

ii.

Provide all improvements required by section 6.04.460, and the detailed performance standards for multiple-family dwellings; and

iii.

Include site improvements that are maintained by the owner or an owners association.

b.

Mobile home parks. Mobile home parks do not permit short-term (less than 30 days) occupancy, and shall:

i.

Have direct access onto a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets; and

ii.

Provide all improvements required by article 4, division 2, with internal improvements being maintained by the owner or operator, as applicable.

iii.

All mobile home parks must be licensed by the Montana Department of Public Health and Human Services.

c.

Commercial development. Commercial uses should use the limited shoreline available to link local residents and travelers with the lake and river. Uses that can as effectively be located away from the shoreline should be. Also, the uses permitted in the RZD must pose no special threat to water quality. Examples of commercial uses that would be appropriate in the RZD include:

i.

Hotels;

ii.

Recreational vehicle parks;

iii.

Restaurants - but not with drive-in service;

iv.

Sporting goods sales and rentals;

v.

Guide services; and

vi.

Marinas in compliance with subsection g, below.

d.

Landscape. There shall be a coherent planting plan for the entire development, with special attention given to the role of vegetated surfaces in channeling and absorbing surface runoff, and to the shoreline buffer, which shall serve as an effective vegetative filter strip. See section 6.04.410 for landscape requirements.

e.

Access to the shore. Any development that provides safe, continuous public pedestrian/bicycle access to or along the shoreline shall be permitted to increase its maximum building height from 35 to 50 feet. Examples of access that may qualify for this bonus include a public trail along the waterfront, a public park with parking, a restaurant open to the public with lakefront facilities, or similar. Award of such bonus does not eliminate the requirements of section 6.04.030 for shoreline buffers.

f.

Outdoor sales and storage. Outdoor sales, including outdoor dining areas, shall be permitted. Outdoor storage shall also be permitted but shall be screened from public view by any effective combination of the placement of buildings, landscaping, and screening fences or walls. Watercraft storage is exempt from the screening requirement. Temporary storage of construction materials and equipment being used for work in progress is exempted from this screening requirement.

g.

Marinas. A marina may be an appropriate use in the RZD, but because marinas involve extensive lakeshore disturbance and the handling of fuel and other potential contaminants, the developer shall be required to:

i.

Provide for a professionally prepared environmental assessment, including recommended mitigation measures;

ii.

Provide plans sufficient to demonstrate compliance with the most current edition of National Fire Protection Association (NFPA) 303, Fire Protection Standards for Marinas and Boatyards, and other fire and building codes specifically applicable to marinas; and

iii.

Provide shoreside pumpout facilities.

The need for an environmental assessment shall be established at the pre-application review and the production of the assessment will follow the procedure provided for community impact reports in article 4. Compliance with the appropriate city, and/or tribal Lakeshore Protection Regulations is also required.

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

1.

Purpose. The highway commercial zoning district (HCZD) provides a place for commercial uses that rely on easy automobile access. It is also the appropriate location for any commercial development that needs outdoor sales space.

2.

Land use. The permitted and special uses allowed in the HCZD shall be as shown in Table 2.14. All uses not explicitly permitted are prohibited. Examples of appropriate uses include overnight accommodations, eating, drinking and entertainment establishments, retail and wholesale goods, sales and service, day care centers, plant nurseries, car washes, veterinary clinics, auto, recreational vehicle and truck sales and repair, gas stations and similar uses.

Table 2.14. HCZD Land Use

a.

Thresholds for special use permit requirements. Highway oriented commercial development meeting or exceeding either of the following thresholds shall require a special use permit in this district.

i.

Any structure or combination of structures that exceeds 20,000 square feet in size. This square footage is cumulative, meaning if additional structures are added that bring the total above 20,000 square feet, a special use permit shall be required for the development.

ii.

Development projected to generate more than 1,000 average daily vehicle trips.

3.

Specification standards. The specification standards for the HCZD appear in Table 2.15.

Table 2.15. Specification Standards

* No side yard setback is required if the abutting parcel is zoned HCZD.
** Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, and the following performance standards.

a.

Development in the HCZD shall be designed and constructed to minimize the functional and appearance problems associated with the strip development pattern. Conditions to be minimized, to the extent feasible given the location, size, and context of the lot or parcel, include:

i.

Development that is only one lot in depth, has numerous points of access to public streets, and makes no provision for safe pedestrian and bicycle circulation. To address these issues:

(A)

Development in the HCZD shall connect to adjoining properties in the HCZD by providing access and utility easement(s), and vehicle, pedestrian and bicycle facilities;

(B)

Continuous pedestrian walkways and bikeways shall be provided from the property perimeter to the principal public entrance; and

(C)

Crosswalks shall have contrasting color from the surrounding surface; and

(D)

Bicycle parking stands shall be provided.

ii.

View from the road that is dominated by vehicles, asphalt, and signs. To address these issues:

(A)

All development in the HCZD shall include landscape that meets or exceeds the requirements of section 6.04.410.

(B)

Parking spaces are encouraged to be located on multiple sides of a building, not only along one access street frontage.

(C)

Signs shall be architecturally related to the building to which they are principally related and meet the requirements of the sign ordinance as found in the appendix to the Polson Development Code. Freestanding signs shall have landscaping at their base.

(D)

Loading docks, truck parking, trash containers, HVAC equipment and other such permanent features shall be screened from public view and pedestrian areas. Screening structures shall be made of the same materials as the principal structure, or of material intended to visually blend into a cohesive architectural theme. Parking and loading areas shall meet or exceed the requirements of section 6.04.250.

iii.

Bland, monolithic architecture that has little connection to the setting, community or history and limited visual appeal. To address this issue:

(A)

Building facades shall be primarily finished in subtle, neutral or earth tones with low reflectivity and be finished with varying materials, textures and colors.

(B)

Building facades shall include modulated wall planes with projections, recesses and/or offset planes with a minimum depth of two feet;

(C)

Visual rooflines shall be varied, and may include parapets and other architectural features;

(D)

Landscaping shall be incorporated into the building design and include at least one major tree and four shrubs per each 40 linear feet of building facade that faces a public street; and

(E)

Designs are encouraged to include amenities such as shaded plazas, children's play areas, trellis structures, covered walkways, clock towers, seating and drinking fountains that are shaded and located in or near circulation routes, outdoor employee areas, water features and outdoor art. Amenities shall be linked to and incorporate pedestrian and bicycle facilities.

b.

Access to commercial and industrial uses. No commercial development shall have its principal access through the LRZD or MRZD.

c.

Outdoor sales and storage. Outdoor sales shall be permitted in the HCZD. Outdoor storage is also permitted, but shall be screened from public view by any effective combination of the placement of buildings, landscaped buffers, and screening fences or walls. Temporary storage of construction materials and equipment being used for work in progress is exempted from this screening requirement.

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

1.

Purpose. The central business zoning district (CBZD) is intended to encompass the "commercial core" of the city, and provide a place for the redevelopment or development of uses that depend on pedestrian circulation and a central location.

2.

Land use. The permitted and special uses allowed in the CBZD shall be as shown in Table 2.16. All uses not explicitly permitted are prohibited.

Table 2.16. CBZD Land Use

* For mixed use or multiple-family dwelling developments along Main Street, commercial uses shall abut Main Street along the lower level street frontage.

3.

Specification standards. The specification standards for the CBZD appear in Table 2.17. Note: The specification standards in Table 2.17 apply to all new development. For existing, nonconforming single family and two-family homes, the MRZD specification standards apply.

Table 2.17. CBZD Specification Standards

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, and the following additional performance standards.

a.

Outdoor sales and storage. Limited outdoor sales, including outdoor dining areas and participation in temporary "sidewalk sales" shall be permitted. All storage, except temporary storage of construction materials and equipment being used for work in progress, shall be within buildings.

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

1.

Purpose. The general commercial - industrial zoning district (CIZD) is intended to provide a place for a wide range of commercial uses that do not rely on direct highway access or a CBZD location, and industrial development in the city jurisdictional area.

2.

Land use. The permitted and special uses allowed in the CIZD shall be as shown in Table 2.18. All uses not explicitly permitted are prohibited.

Table 2.18. CIZD Land Use

3.

Specification standards. The specification standards for the CIZD are shown in Table 2.19.

Table 2.19. CIZD Specification Standards

* Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, and the following additional performance standards.

a.

Access to commercial and industrial uses. No commercial or industrial development shall have its principal access through the LRZD or MRZD unless access is from an arterial or collector street.

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

1.

Purpose. The recreational vehicle and general campgrounds zoning district (RVZD) is intended to permit recreational vehicle (RV) developments and campground developments within the city. The RVZD is intended to allow for condominium ownership of certain recreational vehicle developments in addition to the rental/lease of individual sites and the permitted and special permit uses, as applicable. This district is appropriately applied to areas where recreational facilities are available. All applicable permitted uses shall adhere to the Administrative Rules of Montana, Title 37, Chapter 111, subchapter 202-230 (ARM 37-111-202-230).

2.

Land Use. The permitted and special permit uses allowed in the RVZD shall be shown in Table 2.20. All uses not explicitly permitted are prohibited. The RVZD is intended to allow for a combination of the permitted and/or special permit uses within any development. All terms not defined in article 7, Definitions, are defined at the end of this section, below.

Table 2.20 RVZD Land Use

3.

Specification standards. The specification standards for the RVZD appear in Table 2.21.

Table 2.21. RVZD Specification Standards

* Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards in article 4, as applicable, and the following additional performance standards. Some of the following performance standards supersede those standards in article 4, and in such instances are specifically noted.

a.

Land use.

(1)

Limited commercial uses. The limited commercial uses permitted shall be compatible with campground developments and/or RV developments, and generate only low to moderate levels of activity. The commercial uses shall generally be intended to only serve the campground and/or RV developments. In order to minimize the levels of activity, there shall be no separate signage advertising commercial uses for which the sign is intended to be viewed from any external vehicular or pedestrian right-of-way. Examples of permitted commercial uses in the RVZD include:

i.

Convenience stores/markets;

ii.

Retail sales of items related to maintenance and operation of general services campgrounds and RV uses;

iii.

Gift shops;

iv.

Recreational bookings;

v.

Beauty and barber services; and

vi.

Small scale eating and drinking places primarily for residents and their guests.

(2)

Incidental uses. The following incidental uses may only be included for the convenience of the RV park and campground occupants, owners and/or manager/caretaker.

i.

Two (maximum) single-family dwellings for occupancy by the campground owner and/or manager/caretaker;

ii.

Office for campground use or sales office for condominium use;

iii.

Service building (restroom and shower facilities);

iv.

Laundry facilities;

v.

Indoor and outdoor recreational facilities including a recreational center, tennis, basketball and volleyball courts, assembly rooms, swimming pools, hot tubs and game courts;

vi.

Maintenance shops or sheds; and

vii.

Tot lots or playgrounds.

b.

Vehicular access. Developments within the RVZD shall provide private internal streets.

c.

Pedestrian access. Provisions for pedestrian access are not required in the RVZD.

d.

Parks. Park dedication must meet the requirements of MCA 76-3-621(1), and section 6.04.290 as approved by the city commission.

e.

Recreational vehicle storage. An area may be provided only for the campground or recreational vehicle site owners/lessees/renters to store RVs, trailers, other vehicles and watercraft to be stored when not in use. One storage unit may be located on each site for the use of the owner or renter of the site.

f.

Landscaping. All new development shall comply with the landscape standards in section 6.04.410.

g.

Streets, sidewalks and trails. The following street, sidewalk and trail performance standards are intended to supersede the performance standards listed in the City of Polson Standards for Design and Construction. Any standard not specifically addressed below shall follow the performance standards of City of Polson Standards for Design and Construction.

(1)

Private streets. All interior streets within the RVZD development shall be private streets.

(2)

Right-of-way. Street easements and surface widths shall conform to the following standards:

Table 2.22. Right-of-way and Street Standards

* Utility and access areas shall be required to be dedicated as "common elements" for condominium developments that will benefit all owners of the development. These elements shall be shown on a condominium plan filed in the office of the Lake County Clerk and Recorder. For campground and non-condominium developments, easements are not required.

(3)

Parking. One visitor parking space per five campsites or RV sites shall be provided. Handicap accessible parking shall be provided at a ratio of one space per every 25 campsite or RV sites or per ADA requirements, whichever is greater. Van accessible handicap spaces shall be provided at a ratio of 1:8 for the total number of handicap spaces with the first handicap space being van accessible.

(4)

Surface construction. Private street surfaces shall be laid over a properly compacted sub-grade and shall consist of:

i.

A geo-textile (woven) mat shall be installed over the existing excavated material;

ii.

A sub-base of well-graded three-inch minus pit run material 18—24 inches in depth;

iii.

A base of well-graded three-fourths-inch minus crushed gravel a minimum of four inches deep;

iv.

In lieu of the above requirements, an alternative road cross section may be approved by the city engineer if the cross section design is completed, sealed and signed by a professional engineer licensed in the State of Montana.

(5)

Sidewalk and trail construction. Sidewalk or trail construction is encouraged but not required.

(6)

Minimum centerline offset of intersections. There shall be no minimum centerline offset between intersections on the interior private streets in the RVZD.

h.

Individual RV and campground site improvements.

(1)

Each site shall contain a stabilized parking pad with adequate space to provide parking for one RV and one passenger vehicle. The parking spaces can be either in-line or side by side, with a surface covering of crushed stone, pavers, tile, brick, paving, asphalt, concrete or other suitable material. The parking pad shall be sloped at a one percent minimum grade to accommodate drainage.

(2)

All areas not hard surfaced shall be landscaped.

(3)

RV sites shall be provided with electrical, potable water and sewer service connections. Campground sites may be one of three types: full hook up, water and electric, or dry.

i.

Number of RVs per site. One RV per site connected to utilities shall be allowed.

j.

Service buildings. Based on the standards set forth in ARM 37.111.230, a central service building shall be provided for each development that qualifies as a general services campground that has spaces designated for use by trailers or tents. The central service building must contain toilets and other plumbing fixtures as follows:

(1)

Toilets, urinals, and combination hot and cold water lavatory sinks and showers are required at each general services campground in the ratios set forth under Table 2.23.

Table 2.23. RVZD Specification Standards

(2)

The service building must be of permanent construction and equipped with lighting, lavatories, toilets, and a janitorial sink. Interior service building surfaces in plumbed areas must be smooth, non-absorbent, and easily cleanable. Showers must have non-slip surfaces and ventilation. All windows, doors, and other openings must be screened or closed.

(3)

The service building must be conveniently located within a radius of 300 feet from all spaces or campsites to be served.

k.

Condominium ownership. Only RVs and park model sites can be placed under condominium ownership. All other sites including tent sites, cottages, and cabins may be rented as general services campground sites, as applicable. A membership organization (unit owners association) that adopts covenants shall be established with the Montana Secretary of State to provide for the use and maintenance of common areas and spaces by the members. The owner of a condominium site may rent or lease that site, and the owners have the right to combine sites, but not to re-subdivide.

5.

Overlay districts. All developments shall comply with any additional requirements imposed by overlay districts.

6.

Definitions. See also article 7 for additional definitions.

Area. See "site".

Cabin. A hard-sided structure occupying a campsite that is set on a permanent or temporary foundation.

Camping trailer. A vehicular portable unit mounted on wheels and designed for travel, recreation, and vacation, and constructed with collapsing partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.

Campsite. That part of a campground where a cabin is located or that is designated for a tent space, camping trailer, cottage, motor home, park model, or recreational vehicle space.

Cottage. A hard sided structure that include self-contained living quarters, with all of the amenities of a residence.

Dry Campsite. A campsite that provides no services. See "full hook up campsite" and "water and electric campsite".

Fifth wheel trailer. A vehicular unit that is

a.

Mounted on wheels;

b.

Designed to provide temporary living quarters for recreational, camping, or travel use;

c.

Of such size or weight that it does not require a special highway movement permit;

d.

Of gross trailer area not to exceed 400 square feet in the set-up mode; and

e.

Is designed to be towed by a motorized vehicle that has a towing mechanism mounted above or forward of the tow vehicle's rear axle.

Full hook up campsite. A campsite that provides water, electricity and sewer service connection. See "dry campsite".

General services campground. A campground used for public camping that provides on-site water supply, sewage disposal, solid waste disposal, and other services such as laundry or groceries.

Limited services campground. Limited services campgrounds are not permitted in the RVZD. Limited services campgrounds are used for public camping that are accessible by a motorized vehicle but to not provide all of the following services:

a.

An adequate and potable water supply, if required, as determined under ARM 37.111.206;

b.

Adequate sewage disposal, as determined under ARM 37.111.207; and

c.

Adequate solid waste disposal, as determined under ARM 37.111.217.

Motor home. A vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use that is built on or attached to a self-propelled motor vehicle chassis or to a chassis cab or van.

Park model. A recreational vehicle as certified by the Recreational Park Trailer Industry Association, Inc. (RPTIA), designed as temporary living quarters for recreation, camping or seasonal use. Park models are built on a single chassis mounted on wheels, and have a gross area not exceeding a total of 700 square feet when set up, including detachable room add-ons. Add-ons are not to exceed 300 square feet. This square footage does not include covered decks or patios.

Primitive campground. A campground that is used for backcountry camping and does not have any services. Primitive campgrounds are not permitted in the RVZD.

Recreation center. A permanent facility containing area for indoor recreation. It may include fitness areas, restrooms, showers, dining, meeting and assembly rooms, meal preparation facilities and convenience food areas.

Recreational vehicle or RV. A recreational vehicle is a park model, motor home, travel trailer, truck camper, fifth wheel or camping trailer, with or without motive power, designed for temporary recreational or emergency occupancy. Recreational vehicles are not mobile homes.

Recreational vehicle condominium development. A recreational vehicle condominium development is designed for the sales of RV and/or park model spaces. Spaces may also be rented or sub-leased or combined, but sites cannot be re-subdivided. Tent spaces, cottages and cabin use are allowed but may be rented only. Automobiles or passenger trucks may remain on-site during periods of non-occupancy, but occupancy shall meet the requirements of this chapter.

Recreational vehicle park. Any lot or parcel used for temporary occupancy by recreational vehicles. Recreational vehicle parks are reviewed as subdivisions.

Site. The area defined on a condominium or campground plan used for camping that may be occupied, sold, rented or leased, as applicable. Has the same meaning as space or area, and is applicable to both campsite and condominium sites.

Site coverage. The percent of a site that is covered by rooftops, paved roads, tents, trailers, travel trailers, cabins, cottages, park models, RVs and other surfaces that prevent direct infiltration of precipitation or runoff into the soil.

Space. See "site".

Storage unit. A permanent or semi-permanent structure for the exclusive use of campground or RV condominium site occupants for the storage of items related to permitted and special permit uses.

Tent. A collapsible shelter of canvas or other fabric stretched and sustained by poles and used for camping outdoors.

Tent space. That part of a campground designated for the placement of a single tent and the exclusive use of its occupants. A tent space does not include a pitched tent on a designated trailer space that is used for sleeping purposes by persons who have rented the trailer space.

Trailer. Trailers include camping trailers, motor homes, park models and RVs.

Trailer space. That part of a campground or condominium development designated for the placement of a single trailer and the exclusive use of its occupants.

Truck camper. A portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides, and designed to be loaded onto and unloaded from the bed of a pickup truck.

Water and electric campsite. A site that provides potable water and electricity.

1.

Purpose. The hospital mixed zoning district (HMZD) is intended to permit medically related services and mixed residential development.

2.

Land use. The permitted and special uses allowed in the HMZD shall be shown in Table 2.24. All uses not explicitly permitted are prohibited.

Table 2.24. HMZD Land Use

3.

Specification standards. The specification standards for the HMZD appear in Table 2.25.

Table 2.25. HMZD Specification Standards

*Maximum lot coverage is affected by slope. The maximum lot coverage given here is for slopes of 0—8%. See section 6.04.040 for the maximum lot coverage permitted on steeper slopes.

4.

Performance standards. All developments shall comply with the performance standards of article 4, as applicable, including performance standards for multi-family dwellings (section 6.04.460) and the following additional performance standards.

a.

Outdoor storage. See also section 6.04.400, Potential nuisances. Outdoor storage shall be permitted anywhere it is fully screened from public view and adjoining properties. Outdoor storage that is not fully screened shall be permitted anywhere in rear yards, but not in front yards, or any required side setback areas. This permits storage to the side of a dwelling that has a larger than required side setback area, except that:

i.

Construction equipment and materials may be stored in front, rear and side yards (including setback areas) during the course of work for which a permit has been approved in compliance with these regulations. This exception expires with the permit or upon issuance of a certificate of compliance.

ii.

Vehicles and watercraft with current registrations may be parked in front, rear and required side yards (including setback areas). Parked vehicles or watercraft shall not block vision at intersections or where driveways enter public streets.

b.

Accessory buildings. Accessory buildings shall be permitted anywhere in rear yards, but not in front yards or required side setback areas.

c.

Day care centers. Day care centers shall:

i.

Be registered with the Montana Department of Family Services;

ii.

Provide off-street parking and loading areas in compliance with section 6.04.250;

iii.

Retain a residential appearance, or the appearance of a special permit use like a religious institution or a school

iv.

Provide a minimum six-foot high opaque wood or masonry fence or a 20-foot landscaped buffer between all outdoor play areas and adjoining dwellings.

v.

Day care centers may display a single wall sign of no more than 16 square feet and external lighting only (as provided in sign ordinance as an appendix to the Development Code).

d.

Multiple-family dwelling complexes. Multiple-family dwelling complexes include more than eight units and shall:

i.

Have direct access onto a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets;

ii.

Provide all improvements required by section 6.04.460 and the detailed performance standards for multiple-family dwellings; and

iii.

Internal improvements that are maintained by the owner or a condominium association.

5.

Overlay districts. All developments shall comply with the additional requirements imposed by overlay districts.

1.

Purpose. The purpose of the airport safety overlay district (ASOD) is to protect the lives of aircraft pilots and passengers, and the public investment in the Polson Airport. This chapter establishes airport safety zones around the Polson Airport, as called for by the Federal Aviation Administration (FAA) in the Federal Aviation Regulations, Part 77 - Objects Affecting Navigable Airspace.

2.

Procedural requirements.

a.

Additional requirements for nonconforming uses. Nonconforming buildings and uses are regulated by the provisions of section 6.03.700 and within the ASOD, these additional requirements.

(1)

Nonconforming uses shall permit installation, operation, and maintenance of any markers or light needed to indicate their presence to aircraft pilots.

(2)

No nonconforming building or tree shall be permitted to become a greater hazard to air navigation than it was on the effective date of these regulations (adopted March 7th, 1994).

b.

Additional requirements for permits. Within the ASOD, the permit requirements established by section 6.03.020 shall be expanded to include the planting of any tree with a growth habit of more than 30 feet and the construction of any building that is more than 30 feet in height, but is exempted from the requirement for a permit by section 6.03.030.

c.

Additional requirements for variances. The variance procedure is described at section 6.03.320. Any application for a variance of the height limitations established by this chapter shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe use of navigable airspace.

d.

Obstruction marking and lighting. Approval of any application for a permit or variance may be conditioned upon the installation, operation, and maintenance, at the owner's expense, of the markings or lights necessary to indicate the presence of an obstruction to aircraft pilots.

3.

Height and use limitations.

a.

Height limitation zones. The ASOD is composed of several height limitation zones, which include all land lying beneath the approach, transitional, horizontal, and conical surfaces appurtenant to the Polson Airport. Except as provided in 7., below, no building, structure, or tree may extend above any of these surfaces. Any area located in more than one of these zones is considered to be only in the zone with the more restrictive height limitation.

(1)

Approach zones. These approach zones are for utility visual approach runways.

i.

The inner edges of these zones coincide with the width of the primary surface and are 250 feet wide. The approach zones expand outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the ends of the primary surface and their centerlines and are continuations of the centerline of the runway.

ii.

The utility runway visual approach surfaces slope 20 feet outward for each foot upward beginning at the end of, and the same elevation as, the primary surface, and extending a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces, which slope seven feet outward for each foot upward beginning at the sides of and same elevation as the primary and approach surfaces, and extending to the horizontal surface. Transitional surfaces also slope seven feet outward for each foot upward beginning at the sides of and same elevation as the approach surface, and extending to the conical surface.

(3)

Horizontal zone. This zone is described by swinging arcs of 5,000 feet from the center of each end of the primary surface and connecting the adjacent arcs by drawing lines tangent to them. The horizontal zone does not include the utility runway visual approach or transitional zones. The horizontal surface is 150 feet above the airport elevation.

(4)

Conical zone. This zone is the area that commences at the perimeter of the horizontal zone and extends outward from it a horizontal distance of 4,000 feet. The conical surface slopes 20 feet outward for each foot upward beginning at the edge of the horizontal surface, and extending to a height of 350 feet above the airport elevation.

(5)

Nothing in this chapter shall prevent construction or maintenance of any structure of 30 feet or less in height, or growth of any tree to a height of 30 feet, above the surface of the land within the horizontal and conical zones.

b.

Use restrictions. No use shall interfere with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or in any way endanger or interfere with the operation of aircraft.

1.

Purpose. The wellhead protection overlay district (WPOD) is intended to protect the City's groundwater supply from contamination.

2.

Wellhead protection zones. The WPOD consists of two wellhead protection zones, which are shown on the zoning districts map adopted in section 6.02.020.

a.

Wellhead Protection Zone I includes the area within a 100-foot radius of a municipal well or the current control region identified in accordance with guidelines in the Source Water Protection Program (MDEQ, 1999) and approved by the Montana Department of Environmental Quality.

b.

Wellhead Protection Zone II includes the area within which groundwater has an approximately three year time of travel to a municipal well, or the current inventory region identified in accordance with the guidelines in the Source Water Protection Program (MDEQ, 1999) and approved by the Montana Department of Environmental Quality.

All development on existing parcels of land and the creation of new parcels within the WPOD shall be consistent with the protection of groundwater resources, including existing underground storage tanks. Land uses and developments or improvements may not result in exposure of the source water used by the public water supply to moderate or high susceptibility to contaminant sources as determined by a susceptibility assessment completed pursuant the Montana Source Water Protection Program.

3.

Land use in wellhead protection zones. Table 2.26 shows the additional land use regulations applicable in the wellhead protection zones.

Table 2.26. WPOD Land Use

4.

Additional performance standards.

a.

Gravel mines, other excavations. Gravel mines and similar excavations are prohibited in Wellhead Protection Zone I (see Table 2.26), but shall be permitted in Wellhead Protection Zone II, upon approval of a special use permit and compliance with the following additional performance standards.

i.

A 50-foot minimum vertical buffer shall be maintained between the bottom of the excavation and the water table. The developer shall drill one or more observation wells, or use any existing well(s) on the site to collect data and prepare a mining plan demonstrating that this buffer will be maintained. The mining plan shall be submitted with the application for a special use permit.

ii.

Surface runoff is channeled away from the excavation by vegetated berms and/or swales.

iii.

No fuel or other hazardous material shall be stored in the excavated area or on the inward slope of the surrounding berms.

iv.

An effective security fence shall be erected on the perimeter and the site shall be kept inaccessible when not in operation. The developer/operator is liable for the costs of clean-up if hazardous materials, septage, or other wastes are dumped on the site.

v.

The site shall be reclaimed in compliance with state law, with reclamation phased to minimize the extent of excavation open at any one time.

b.

Underground Storage Tanks, not including individual propane tanks for household use. Table 2.26 and these performance standards apply to all underground storage tanks (USTs) in which fuel or other hazardous materials are or may be stored, including tanks that are not regulated by state or federal law. USTs are prohibited in Wellhead Protection Zone I, but may be permitted in Wellhead Protection Zone II, upon approval of a development or special use permit (where the UST is part of a proposed development that requires one), and compliance with applicable state and federal laws, and the following additional performance standards:

i.

All USTs installed in Wellhead Protection Zone II shall have a complete secondary containment system; and

ii.

All USTs installed in the Wellhead Protection Zone II shall be subject to monitoring by the city, and to the payment of an annual fee, set by resolution of the commission, to cover the costs of such monitoring.

1.

Purpose. The purpose of the resort residential overlay district (RROD), is to allow golf courses, tennis clubs, fitness centers, and similar commercial uses to be integrated into residential developments on the basis of a master plan for the entire property. Where it overlays the LRZD, this overlay district also permits attached housing, at the same density permitted for single-family dwellings in the LRZD.

2.

Additional land uses permitted. The additional land uses permitted by the RROD shall include:

a.

Golf courses, tennis courts, health clubs, ice skating rinks, playgrounds and playing fields, swimming areas, marinas and similar commercial recreational uses, and incidental retail sales and restaurants associated with these uses; and

b.

Where it overlays with the LRZD (see section 6.02.200), attached housing at a maximum density of six units per acre.

3.

Site plan. The RROD may be applied to undeveloped areas zoned LRZD, XRZD or MRZD by amendment of the zoning districts map adopted in section 6.02.040. No such amendment shall be considered except upon submission of a site plan showing how the proposed commercial use will be made compatible with the neighboring residential development. Approval of the plan and/or map amendment shall constitute approval of the site plan, and development permits on the property shall be issued only in compliance with that site plan.

4.

Standards. Commercial uses permitted in the RROD shall comply with the specification standards of the zoning district in which they are sited; the performance standards of article 4, as applicable; and the following additional performance standards.

a.

Operating hours. Limited operating hours may be required.

b.

Traffic. Commercial uses permitted in the RROD shall have direct access to a collector or arterial street, or otherwise be located where they will not channel traffic onto local residential streets.

c.

Outdoor sales and storage. The RROD permits certain commercial outdoor recreational activities, but outdoor sales, with the exception of outdoor dining areas, shall not be permitted. All storage shall be enclosed in a building or fully screened from public view of the neighboring residences.