This article establishes detailed performance standards, with which all development must comply.

A runoff management plan (storm water design report) shall be implemented by all developments that are adjacent to the lakeshore or that add or replace more than 5,000 square feet of impervious surface. Such plans shall be prepared by a qualified professional and reviewed by the city engineer. Runoff management plans shall meet the specifications of the City of Polson Standards for Design and Construction.

Runoff management plans shall:

1.

Identify runoff and erosion hazard areas on the site;

2.

Show how the retention of existing vegetation will be maximized (including the protection of existing vegetation during construction) and land disturbance minimized;

3.

Show how the area disturbed by construction at any one time will be minimized and how disturbed areas will be stabilized during the construction period;

4.

Show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques;

5.

Show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase in runoff;

6.

Show how the additional volume of runoff generated will be retained on-site and absorbed, evaporated, or released at the pre-development rate of release;

7.

Show how sediment resulting from accelerated soil erosion will be retained on site;

8.

Show how water quality in adjoining or nearby streams or wetlands will be protected by retention of existing vegetation, installation of vegetative filter strips, and similar means;

9.

Show how groundwater quality will be protected, particularly in the WPOD; and

10.

Show how the future maintenance of runoff management measures (including earthwork, plantings and structures) will be provided.

A shoreline buffer is a structural setback designed to protect water quality and the natural characteristics of the land/water interface where only limited development and vegetation disturbance is allowed to occur. It includes the 100-year floodplain or special flood hazard area, all wetlands adjacent to the shoreline, and the land area within 50 feet of the high water line of the lake or river. The Lakeshore Protection Regulations should be consulted prior to development within 20 feet of the high water mark of Flathead Lake.

1.

Shoreline buffers shall be left in wetlands, riparian, hay meadow, or other vegetation capable of serving as an effective vegetative filter strip. Shoreline buffers may, however, be disturbed as follows:

a.

Clearing and grading to prepare for plantings and other activities required to restore or enhance the beauty and function of wetlands and riparian areas;

b.

Repair or replacement of existing irrigation works, roads, bridges, boat houses, pumping facilities, utility lines, and similar structures;

c.

Construction of new roads, bridges, boat houses, pumping facilities, and utility lines, provided that the area disturbed by such work is minimized;

d.

Construction of pedestrian and bicycle trails of a maximum ten feet in width, including associated benches and picnic tables;

e.

Installation of boat ramps, piers, docks, and observation decks provided that such structures disturb no more than ten percent or 24 lineal feet of shoreline, whichever is less, of the lake frontage on any lot or parcel; and

f.

Development of marinas, as provided in section 6.02.250.4.g.

2.

Requirements. When a permit or approval is sought for land that is required to contain a shoreline buffer, the following apply:

a.

The developer shall submit a plan showing all areas within the buffer area that are to be disturbed, the extent of disturbance, and plans to reclaim, revegetate and protect water quality.

b.

Disturbances of the setback and vegetative buffer areas shall incorporate necessary measures to limit channelization and shall be limited to those exceptions listed in section 6.04.030.1, above.

c.

The plan shall be reviewed by the administrator and approved by the appropriate body (for example, administrator for a zoning conformance permit, city commission for a subdivision application). Modifications to the plan may be required as a condition of approval.

d.

The developer shall implement all approved plans as required. Non-compliance shall be considered a violation of these regulations (article 3).

3.

All exceptions listed in section 6.04.030.1, above, shall comply with city, county, tribal, state and federal shoreline, floodplain and wetlands protection standards. Development for which a permit is required by city, county, tribal or state law or the Clean Water Act ("404" permits) shall:

a.

Demonstrate compliance with this performance standard by submitting the approved permit with the application for a permit required by these regulations, or

b.

Show that a complete application for the permit has been filed, and accept approval of that permit as a condition of compliance with these regulations.

1.

Lot coverage.

a.

The maximum lot coverage specification standards established in article 2 are for development on slopes of 0—8%. Above 8%, the maximum lot coverage permitted shall be as shown in Table 4.1., except as provided in b., below.

Table 4.1 Maximum Lot Coverage By Slope—All Zoning Districts

* "Slope" shall be the average natural slope of the entire lot.

b.

Exception. On lots with an average slope 9—35% where a suitable building site exists ^[2], the maximum allowed lot coverage percentage is the maximum allowed for slopes of 0—8%, if the following conditions are met:

i.

A runoff management plan meeting the requirements of section 6.04.020 is submitted; and

ii.

An engineer or architect licensed in the State of Montana certifies the development adequately addresses all safety, slope stability and erosion control concerns based on soil types and geologic conditions prior to lot disturbance.

2.

Wildfire safety. At the discretion of the administrator, any proposed development may be evaluated by the Polson Fire Chief for the potential fire hazard where vegetation types, water supply, access, and the area's fire history shall be considered. Conditions of approval may include fuels reduction, water supply improvements, access improvements, requiring buildings to be set back from slopes and other fire safety improvements.

All developments shall comply with state and federal water quality standards. Developments for which a state or federal permit to discharge is required shall:

1.

Demonstrate compliance with this performance standard by submitting the approved permit with the application for a permit required by these regulations, or

2.

Show that a complete application for the permit has been filed, and accept its approval as a condition of compliance with these regulations.

All developments shall comply with state and federal air quality standards. Developments for which a state or federal air quality permit is required shall:

1.

Demonstrate compliance with this performance standard by submitting the approved permit with the application for a permit required by these regulations, or

2.

Show that a complete application for the permit has been filed, and accept its approval as a condition of compliance with these regulations.

1.

Any development that generates, handles, stores, or disposes of hazardous materials shall demonstrate continuing compliance with state or federal requirements for such activities, and, within the city limits, with the applicable requirements of the city's fire and building codes.

2.

All applications for permits for such uses shall be accompanied by an initial list of hazardous chemicals, or the materials safety data sheets for such chemicals, proposed to be on the site, as required by Sections 311—312 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 USC 1101-11050, as amended). No permit shall be approved until the fire department has reviewed this list and indicated that it has the capability to effectively respond to an emergency at the proposed development. No development to which the fire department cannot effectively respond shall be approved.

All development within or partially within a special flood hazard area shall comply with the local floodplain regulations required for participation in the National Flood Insurance Program. See also section 6.04.030, Shoreline buffers, above.

All developments, and all lots or parcels within a development, shall have direct access to municipal water and sewer utilities in compliance with the current edition of the City of Polson Standards for Design and Construction. Provision of utilities, including any extension of mains, lift stations, stormwater facilities and other infrastructure necessary to serve the development shall be the responsibility of the developer, although the city may choose to bear the costs of providing larger facilities to provide for future development.

1.

All developments, and all lots or parcels within a development, shall have direct access to electric power and, where available, cable television. Private utilities shall be provided by the developer, to the specifications required by the individual utilities.

2.

Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street surfaces are constructed.

No building shall be placed, nor woody vegetation planted, in any utility easement, public or private. If approved by the city commission, fences with a gate or separable section may be constructed across municipal utility easements. Fences across other easements must have approval of the affected utility. Note that irrigation companies and districts are considered to be utilities for the purposes of this performance standard.

1.

All developments, and all lots or parcels with in a development, shall have safe access to a dedicated street or road that complies with the City of Polson Standards for Design and Construction.

2.

Exception:

a.

Multiple-family dwelling complexes, PUDs, commercial complexes RV/campground developments and mobile home parks shall provide private internal streets; and

b.

Vehicular access to parking spaces, garages and accessory buildings may come from an alley.

3.

Provision of access, including street and alley extensions, shall be the responsibility of the developer, although the city may choose to participate in the costs of extending collector streets to serve future development.

All points of access to public streets, including residential driveways, shall comply with the detailed performance standards for off-street parking and loading areas (section 6.04.250, below) and the City of Polson Standards for Design and Construction.

Unless otherwise indicated in these regulations, all developments shall provide off-street parking and loading areas in compliance with the following detailed performance standards for off-street parking and loading areas, except in the CBZD, HCZD, RZD, and TZD, where reliance on shared parking areas and on-street parking may be permitted. Snow storage shall not be allowed to reduce the size of required off-street parking or loading areas. Parking areas must comply with the landscape performance standards of section 6.04.530. Driveways must adhere to Americans with Disabilities Act standards as applicable. The required number of handicapped parking spaces with the required dimensions shall be provided pursuant to federal law.

1.

Purpose. These performance standards are intended to prevent traffic congestion by requiring provision of adequate off-street parking and loading areas.

2.

Off-street parking required. Except as indicated in subsections 6, 7 and 8, below, all uses and buildings shall provide at least the minimum number of off-street parking spaces required by Table 4.2. Off street parking for different land uses in the same building shall be calculated separately. Parking areas shall have properly graded and drained surfaces. Note that a runoff management plan will be required for any parking area of more than 5,000 square in size: See section 6.04.020, above.

3.

Off-street parking requirements for uses not listed. The classification of uses and the off-street parking requirements for uses not listed in Table 4.2 shall be determined by the administrator based on:

a.

The most similar land use listed in Table 4.2;

b.

Parking requirements from other jurisdictions; and

c.

Published sources of parking information such as those produced by the Institute of Transportation Engineers and the American Planning Association.

Any person who disputes a decision of the administrator may request a review of that decision using the appeals procedure of 6.03.310.

4.

Location of off-street parking. Required off-street parking spaces shall be within 600 feet of a main entrance of the use or building served, except for spaces serving a dwelling, which shall be within 200 feet of the main entrance of the dwelling unit served.

5.

Control of parking. Off-street parking shall generally be provided on the same lot or parcel, and under the same ownership as the use it serves, but two or more uses may share parking where:

a.

The total number of spaces provided meets the minimum standards for the number of spaces required for all buildings or uses served, and

b.

A contract providing for shared parking for a period of at least 20 years is executed before approval of a permit and recorded before issuance of a certificate of compliance.

In such cases, the required off-street parking may be located on the lot or parcel serving one of the uses.

6.

Exception: Reduction in shared off-street parking spaces. Up to a 30 percent reduction in the number of parking spaces required for shared off-street parking may occur under the following circumstances:

a.

When at least 50 percent of the parking spaces required by this section are for primarily "night-time" uses such as theatres, bowling alleys, bars and related uses, and the parking spaces to serve those uses are provided by "day-time" uses such as banks, offices, furniture stores, manufacturing, large-scale retail, wholesale and related uses;

b.

When at least 50 percent of the parking spaces required by this section for primarily "day-time" uses may be supplied primarily by "night-time" uses;

c.

When at least 60 percent of the parking spaces required by this section for a religious institution, an auditorium incidental to a school, or a similar use, may be supplied by the off-street parking facilities provided by uses primarily of a "day-time" or complimentary nature;

d.

The joint parking facility shall be located within 600 of a main entrance of the use or building served, except for spaces serving a dwelling, which shall be within 200 feet of the main entrance of the dwelling unit served;

e.

The applicant for the joint use parking facility shall show there is no substantial conflict in the principal operating hours of the buildings or uses for which joint use of the off-street parking facilities is proposed;

f.

A contract providing for shared parking for a period of at least 20 years is executed before approval of a permit and recorded before issuance of a certificate of compliance.

7.

Exception: Reduction for bicycle parking. Bicycle parking facilities (bike racks) may be substituted for no more than five percent of the total parking spaces required for non-residential land uses.

8.

Exception: Documented case studies. Case studies or other evidence from similar land uses and locations may be used to permit the reduction of the minimum parking space standards in Table 4.2 by up to 15 percent.

9.

Passenger loading areas. Day care centers, schools, group care facilities and places for public assembly located on arterial roads shall provide at least one safe, properly signed off-street passenger loading area.

10.

Freight loading areas. Commercial and industrial buildings and uses shall provide one safe, properly signed off-street freight loading area for each 10,000 square feet of gross floor and/or outdoor storage area. Off-street freight loading areas shall be on the same lot or parcel and under the same ownership as the building or use they serve, be designed to accommodate the largest vehicle that may reasonably be anticipated, and have the following minimum dimensions:

a.

Vertical clearance: 14 feet;

b.

Width: 12 feet; and

c.

Depth or length: 35 feet.

No vehicle parked in an off-street freight loading area shall extend into a public right-of-way.

11.

Access to off-street parking and loading areas. Properly graded and drained driveways shall be provided for safe access to off-street parking and loading areas, including the off-street parking for single family dwellings.

a.

No parking or loading area shall create a situation in which vehicles are required to back onto a public street. Parking areas for single family dwellings with access to local and collector streets are exempt from this requirement.

b.

Continuous curb cuts shall be prohibited. All access to public streets shall be via driveways that comply with these performance standards.

c.

Driveways accessing an arterial shall be at least 200 feet from any other point of access (other driveways or intersections). Driveways to roads intersecting an arterial shall be located at least 150 feet from the arterial or, where that distance cannot be attained, at the property line most distant from the arterial.

d.

Clear vision triangles shall be provided on both sides of driveways. A clear vision triangle is defined by extending a line between two points: Point 1 shall be 15 feet from the outer edge of the driveway on the lot line paralleling the street the driveway enters; and Point 2 shall be 15 feet back from the lot line along the outer edge of the driveway. For driveways accessing arterials, the distances shall be increased to 30 feet. Driveways expected to carry 300 or more ADT shall be treated as intersections.

e.

No parking, and no solid fence or wall, planter, hedge, shrub, or other visual obstruction more than three feet in height above grade shall be permitted in a clear vision triangle. Trees may be permitted in clear vision triangles, but only where all branches are pruned to a height of at least eight feet above grade.

f.

Driveways for single-family dwellings shall be a minimum of 12 feet wide, with a minimum curb radius of five feet, and a maximum grade of five percent for at least 20 feet before the driveway intersects the alley or street (on collectors and arterials). Driveways for other uses shall be designed to accommodate the anticipated level of traffic.

g.

Where required for drainage, driveways shall be constructed over a minimum 12 inch culvert capable of supporting a load of 40,000 pounds.

12.

Circulation in Off-Street Parking Areas. The pattern of circulation within parking areas shall be designed to provide safe and efficient access to individual parking spaces, protect pedestrians moving through the parking area, and facilitate safe access to public streets.

a.

Minimum aisle widths shall be:

i.

90° parking: 24 feet for two-way circulation;

ii.

60° angle parking: 18 feet for one-way circulation; 21 feet for two-way circulation;

iii.

45° angle parking: 15 feet for one-way circulation; 21 feet for two-way circulation; and

iv.

30° angle parking: 13 feet for one-way circulation; 21 feet for two-way circulation.

b.

Where one-way circulation is used, directional signs shall be installed at all access points to the parking area.

c.

No parking area shall be designed so that circulation from one portion of the area to another relies on a public street.

d.

There shall be safe pedestrian access from building entrances to parking areas which may include striping or different colored or textured surfaces.

13.

Master planning. All developments proposing more than one use or building shall demonstrate that their site plan minimizes the number of points of access to public streets.

Table 4.2 Minimum Off Street Parking Space Standards

Except as provided in the RVZD and XRZD (subsection 4.a, Special standard), developments shall provide sidewalks along all street frontages and/or an effective system of off-street pedestrian circulation that will allow pedestrians to safely travel from any part of the development to the boundaries of the development. Sidewalks and pedestrian (not intended for bicycles) trails shall be a minimum of five feet in width. Wider walks or pedestrian trails may be required in active areas, including the CBZD and TZD, or where trails will be shared with bicycles, in which case the minimum width shall be nine feet. Please see the City of Polson Standards for Design and Construction for specifications.

1.

Bicycle routes are required when determined necessary by the city commission to provide safe access to schools, playgrounds, shopping, adjoining neighborhoods, transportation and other community facilities or for the continuation of existing or planned routes as described in the applicable Trails Master Plan.

2.

Bicycle routes may be located along internal subdivision roads and may require an additional eight-foot, striped bike lane to separate the path from traffic when deemed necessary by the city commission to provide for safe coexistence of automobile and bicycle traffic.

3.

When adjacent to a trail system, the developer shall continue that trail system across the subject property. All separated bicycle trails shall be built in conformance with the City of Polson Standards for Design and Construction.

All circulation systems, vehicular, pedestrian, and bicycle, shall be designed and constructed to connect with both existing and anticipated future development.

These parkland dedication requirements apply to all major or subsequent minor residential subdivisions, recreational vehicle subdivisions, mobile home subdivisions, and to condominiums, townhouses and other multiple-family housing developments.

1.

As required by MCA 76-3-621, the developer shall dedicate to the governing body land, or provide a cash donation in lieu of land, for parks.

a.

Eleven percent of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;

b.

Seven and one half percent of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than one acre; and

c.

Five percent of the area of the land proposed to be subdivided into parcels larger than one acre and not larger than three acres; and

d.

Two and one-half percent of the area of the land proposed to be subdivided into parcels larger than three acres and not larger than five acres.

2.

A parkland dedication may not be required for:

a.

Land proposed for subdivision into parcels larger than five acres;

b.

Subdivision parcels that are all non-residential;

c.

A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles, mobile homes or condominiums;

d.

A subdivision in which only one additional parcel is created; and

e.

Cluster development.

3.

The subdivider is encouraged to meet with the Polson Parks Director prior to submitting a subdivision application. When reviewing a parkland proposal, the following will be considered:

a.

Size. The park must be large enough to be useful and aesthetically pleasing;

b.

Topography. The park must be suitable for active or passive recreation, but may include limited areas of steep slopes, wetlands and other areas that will not be developed;

c.

Location. The park must be within one-fourth of a mile of the majority of the lots served and be safely accessible by pedestrians coming from the lots served. Where possible, the park should include and be connected to existing or planned pedestrian and bicycle trails in accordance with the applicable Trails Master Plan and construction requirements;

d.

The recreational needs of the subdivision residents;

e.

Cost-effective maintenance;

f.

Overall value to the public, and

g.

The goal of providing recreational opportunities to all segments of the population.

4.

The governing body, in consultation with the subdivider and the planning board or park board, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation. The land dedicated for park use may be inside or outside of the boundaries of the subdivision.

5.

Where the small size of the parcel to be dedicated, topography, location, or other circumstances (see subsection 6 below) make dedication infeasible, the city commission may accept a cash donation. Cash donations shall be for the fair market value of the undivided, unimproved land. Cash donations shall be paid into a separate fund and used only for the acquisition of parkland, or the development, or maintenance of parks. The governing body may not use more than 50 percent of the dedicated money for maintenance.

6.

As per MCA 76-3-621(6), the governing body shall waive the park dedication requirement if it determines that:

a.

i.

The preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and,

ii.

The area of land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under subsection 1, above;

b.

i.

The preliminary plat provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and

ii.

The area of the land proposed to be subdivided, by virtue of providing long-term protection, is reduced by an amount equal to or exceeding the area of the dedication required under subsection 1, above;

c.

The area of the land proposed to be subdivided, by virtue of a combination of the provisions of subsections 6.a and 6.b, is reduced by an amount equal to or exceeding the area of the dedication required under subsection 1, above; or

d.

i.

The subdivider provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision; and

ii.

The area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under subsection 1, above.

7.

The governing body may waive the park dedication requirement if:

a.

The subdivider provides land outside the subdivision that affords long-term protection of critical wildlife habitat, cultural, historical or natural resources, agricultural interests, or aesthetic values; and

b.

The area of the land to be subject to long-term protection, equals or exceeds the area of the dedication required under subsection 1, above.

8.

In subdivisions developed pursuant to a development agreement (see article 5), the parks dedication for the entire subdivision shall accompany the first final plat filed.

A large scale development includes 100 or more residential lots or units, or commercial or industrial or a combination of uses that will potentially generate 1,000 or more vehicle trips on the average working day (ADT) based on research published by the Institute of Transportation Engineers or a similar source.

1.

Large-scale developments shall provide, or contribute to the provision of, additional public facilities necessitated, entirely or in part, by their development. Such facilities shall be provided in compliance with all requirements of these regulations and may include, but are not limited to: water system capacity, including larger mains, wells and reservoirs; sewerage system capacity, including larger mains, lift stations, and treatment facilities; runoff management measures, including stormwater control facilities and conveyance systems, street improvements, including deceleration, acceleration, or turn lanes, traffic signals, and bridges; pedestrian and bicycle facilities; solid waste transfer stations; and emergency services buildings and apparatus.

2.

The public facilities needs of a large-scale development shall be determined through a fact-finding process conducted by the board, at the expense of the developer, resulting in a community impact report. The community impact report process shall be conducted as follows:

a.

The administrator shall determine whether a proposed development is a large-scale development at the pre-application review;

b.

Where a community impact report is required, the administrator shall inform the developer of the need for a community impact report, including the scope of work to be addressed. The scope of work may be modified by written agreement between the administrator and the developer. The work shall be performed by a qualified party, chosen by the developer. The administrator may disapprove of the developer's choice and in such instances the developer shall choose another party to carry out the work.

Failure to comply with these performance standards on a continuing basis is a violation of these regulations.

1.

Noise. No development shall create excessive levels of sound beyond its property line. Excessive sound, measured at the appropriate minimum setback line of the receiving use, exceeds the standards of Table 4.3.

a.

This performance standard applies to sounds generated by occupancy of a development, including sounds generated by operation of motor vehicles and heavy equipment on the site. It does not apply to motor vehicles on public streets, or the operation of farm machinery, watercraft, or aircraft.

b.

The maximum sound levels of Table 4.3 may be exceeded by temporary construction and maintenance activities and holiday celebrations, but in the LRZD, MRZD, OTZD, HMZD, XRZD, RVZD and TZD, excessive noise generated by such activities shall be restricted to the hours between 7:00 a.m. and 10:00 p.m.

Table 4.3 Detailed Performance Standards for Noise

"dBA" is the measure of sound levels in A-weighted decibels.

2.

Light, glare, heat.

a.

No development shall direct excessive or dangerous light, glare, or heat beyond its property line, or create lights or glare that constitutes a traffic hazard.

b.

Welding equipment and similar sources of intense light or heat shall be shielded from neighboring properties and public ways by enclosure in a building, location on the property, or a fence or wall.

c.

Outdoor lighting.

i.

All new and replacement nighttime outdoor lighting must direct its light downward and be side-shielded to prevent glare beyond the boundary of the subject property.

ii.

No commercial or industrial development shall generate a level of illumination greater than 0.5 foot-candle in any neighboring residential zoning district.

iii.

Nonessential exterior lighting: All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

iv.

Canopy lights: Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.

v.

Roof illumination: Roof illumination, such as lights shining upward toward roofs or on rooftops, is not allowed.

vi.

Exempt lighting: The following lighting is exempt from these standards:

(a)

Lighting for public playing fields: Luminaires used for publicly-owned playing fields provided the lighting is used only while the field is in use.

(b)

Emergency lighting: Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.

(c)

Tower lighting: Lighting of radio, communication and navigation towers provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section.

3.

Electrical interference. No development shall create electrical interference on other properties.

4.

Solid waste. Solid waste shall be stored in approved containers, and handled in a manner that does not:

a.

Attract bears, rodents, flies or other animals;

b.

Generate odors perceptible beyond the property line or liquid runoff; or

c.

Permit the blowing of paper or other lightweight waste.

5.

Commercial and industrial waste. All commercial and industrial solid waste handling and storage areas shall be screened from public view by enclosure in a building, location on the property, a fence or wall, or a densely planted landscaped buffer.

6.

Outdoor storage. Outdoor storage of commercial and industrial solid waste is covered in subsection 5, above. Other outdoor storage shall be permitted as established in each zoning district, but shall not, regardless of its location on the property, or screening or buffering, create a fire, health, or safety hazard, or constitute an attractive nuisance.

7.

Surface runoff. No development shall channel surface or irrigation water onto another property without the express permission of its owner. See also the City of Polson Standards for Design and Construction.

8.

Irrigation. No development shall adversely impact the operation of an existing irrigation system.

9.

Dust, smoke, odors. No development shall generate dust, smoke, odors, or other air-borne pollutants that have an adverse impact on neighboring properties or the enjoyment of public spaces. See also section 6.04.060, Air quality, above.

Installation of landscape is among the most effective techniques for ensuring land use compatibility and enhancing the community's image. Landscapes shall be designed as follows.

1.

Purpose. The purpose of these landscape standards is:

a.

To mitigate potential land use conflicts;

b.

To enhance the visual appeal of the city and surrounding area;

c.

To conserve energy by providing windbreaks, shade and temperature moderation;

d.

To encourage a pleasant and safe environment for pedestrians by placement of trees and other interesting visual features; and

e.

To encourage the conservation of water by rewarding the use of low water demand landscaping.

2.

Scope.

a.

This section 6.04.410, shall apply to all development as required in these regulations.

b.

Some zoning districts and performance standards, for example 6.04.030., Shoreline buffers, may have specific landscape standards that supersede this section. Some land uses have specific landscape requirements that supplement and are in addition to this section.

3.

Landscape plan. When required, landscape plans shall include the following information:

a.

Format. The landscape plan submittal shall include site plans meeting the following standards:

i.

Suggested scale of one inch equals 20 feet but not less than one inch equals 100 feet; and

ii.

Standard drawing sheet of a size not to exceed 24 x 36 inches. A plan which cannot be drawn entirely on a 24 x 36-inch sheet must be drawn on two or more sheets, with match lines.

b.

Contents. A landscape plan required pursuant to this section shall contain the following information:

i.

Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan;

ii.

Project name, street address, and legal description;

iii.

Location of existing boundary lines and dimensions of the lot;

iv.

Location of building footprints;

v.

Required zoning setbacks, shoreline buffer, and lakeshore protection zone, as applicable;

vi.

The location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot;

vii.

Location and dimension of all proposed landscaping, including the location, maturity, height, width and material of proposed screening and fencing (with berms to be delineated by one foot contours);

viii.

Landscape legend providing a description of plant materials shown on the plan, including typical symbols, names, locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated;

ix.

Illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces;

x.

An indication of how existing healthy trees and shrubs (if any) are to be retained and protected from damage during construction;

xi.

Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features, if any;

xii.

A description of proposed watering methods;

xiii.

Areas to be irrigated and location of irrigation infrastructure

xiv.

Location of clear vision triangles on the lot (if applicable);

xv.

Tabulation of "points" earned by the plan (see tables in section 6.04.410.7, below);

xvi.

Designated snow removal and storage areas;

xvii.

Location of pavement, curbs, sidewalks and gutters;

xviii.

Location of existing and/or proposed drainages and drainage facilities;

xix.

Existing and proposed grades;

xx.

Size of plantings at the time of installation and at maturity;

xxi.

Planting plan for lakeshore protection zone and shoreline buffers, if not previously provided, such as through subdivision review or lakeshore development permitting; and

xxii.

Front, rear and side elevation views of buildings, fences and walls with height dimensions if not otherwise provided by the application. Plans shall show open stairways and other projections from exterior building walls.

4.

Landscape plan review.

a.

The administrator shall review each landscape plan to determine whether it complies with the requirements of this section. When a landscape plan is required, a permit will not be issued for development without an approved landscape plan. Appeal of the administrator's decision may be made to the BOA following the process for zoning appeals in section 6.03.310.

b.

Approved landscaping shall be installed prior to permit expiration.

5.

Requirements for parking lot landscaping.

a.

The following standards are minimum mandatory standards. The provisions of Table 4.4 require additional vegetation or other landscape features for receipt of performance standard points.

b.

Parking lot definition: For the purposes of this section, a parking lot is any area that provides four or more motor vehicle parking spaces for the visiting public, customers, or more than two occupancies. For purposes of determining parking lot landscaping requirements, the term "parking lot" includes driving aisles necessary to access required parking spaces, but not fire lanes or the principal vehicular access to the building, unless that access is necessary to access the required parking spaces.

c.

All parking lots shall be landscaped in accordance with these landscaping requirements in addition to the minimum yard landscaping requirements for the site.

d.

Parking lot screening or buffering is required as follows:

i.

All parking lots located on a lot with an adjacent residential use or zoning designation must be screened from that residential adjacency with dense vegetation such as a hedge, tree row, wood fence, chain link fence with slats or other screening fence, an earth or masonry wall, or earth berm. The screening shall be at least four feet in height.

ii.

All parking lots located between the principal structure and public streets must be buffered from the public streets. Appropriate buffering methods include trees, shrubs, hedges, planting beds, grasses, berms, fences, walls and other landscape materials. A buffer consists of a minimum of four major trees and 20 shrubs planted and maintained per 100 lineal feet of street frontage. Other landscape materials and features may be applied instead of some or all of the shrubs as approved by the administrator.

iii.

The screening and buffering methods shall comply with clear vision triangle standards, which limit visual obstructions in the clear vision triangles to no more than three feet in height above grade. See also section 6.02.240.4.b.v, which requires for residential to commercial conversions in the TZD that the front yard shall be left unfenced, or if one is existing, in conformance with neighboring properties, with a low, open fence (like a picket fence) or hedge.

e.

All parking lots with more than four spaces required or installed, whichever is greater, shall include a minimum of two major trees and six shrubs within 20 feet of the parking lot.

f.

For each eight parking spaces required or installed, whichever is greater, the following numbers of major trees, ornamental trees, evergreen trees and shrubs must be provided within 20 feet of the parking lot:

i.

One major tree; or

ii.

One evergreen tree and one ornamental tree; or

iii.

Three ornamental trees; and

iv.

Six shrubs.

g.

No parking space shall be located farther than 70 feet from the trunk of a major tree.

h.

All parking lots providing 16 or more parking spaces shall have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot. The interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns. Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet.

i.

No tree may be planted closer than four feet to the paved portion of the parking lot.

j.

No required parking space shall be located more than 70 feet from the trunk of a major tree.

6.

Requirements for screening of off-street loading areas.

a.

The following standards are minimum mandatory standards. The provisions of Table 4.4 require additional vegetation or other landscape features for receipt of performance standard points.

b.

All off-street loading spaces on a lot with an adjacent residential use or zoning designation must be screened from that residential adjacency.

c.

Acceptable screening methods for off-street loading areas include a dense hedge, a wood fence, chain link fence with slats or other screening fence, an earth or masonry wall, or earth berm at least six feet in height and, when applicable, on the interior side of a landscaped area (so the landscaping faces the street).

d.

All screening methods shall comply with clear vision triangle standards, which limit visual obstructions in the clear vision triangles to no more than three feet in height above grade. See also section 6.02.240.4.b.v, which requires for residential to commercial conversions in the TZD that 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.

7.

Points system—Tables 4.4 through 4.7.

a.

All landscape plans must earn a minimum number of points as specified in Table 4.4. Points are awarded for specified landscape features and elements based upon their relative point value. Tables 4.5 through 4.7 below identify methods for landscape plans to earn points toward those required by Table 4.4.

b.

The minimum number of points required for landscape plan approval by zoning district is as follows:

Table 4.4. Minimum Number of Required Points by Zoning District

* Only special permit uses are required to meet the landscape requirements of this subsection 7, except as follows:

i.

In the MRZD and OTZD, all multi-family dwellings shall meet these requirements;

ii.

In the HMZD, all multi-family dwellings and all medical offices, medical support services and hospital complexes shall meet these requirements;

iii.

In the XRZD and RZD, all multi-family dwellings shall meet these requirements but community gardens are not required to meet these requirements.

iv.

In the RVZD, general service campgrounds and recreational vehicle developments shall meet these requirements.

v.

In the TZD, all multi-family dwellings, home occupations and bed and breakfasts shall meet these requirements.

vi.

In the HCZD, all highway oriented commercial development shall meet these requirements.

Table 4.5. Vegetation Points

Table 4.6. Irrigation Points

* The use of hose bibs (threaded faucets) on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation for earning points. Irrigation systems and landscaped areas should be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas.

Table 4.7 Non-Vegetative Special Features Points

8.

Acceptable landscape plant materials.

a.

Use of existing vegetation. Mature, functional, existing vegetation shall be retained to serve design and buffering functions wherever possible.

b.

Noxious vegetation. Noxious vegetation will not be preserved or tolerated. Please refer to the Lake County Weed Control District for the defined noxious vegetation in Lake County (contact information is below).

9.

Plant material specifications. Plant materials required by this section are subject to approval by the administrator. Plant materials shall be those identified as hardy in Zones 1 through 4 from the U.S. Department of Agriculture and that are adapted to or suitable for the Polson climate and soils. See administrative materials, [on file with the city clerk,] for a list of approved planting material; this document lists species already approved by the administrator, but plant materials are not limited to what is listed in that document - other species may be approved if they comply with this section. Plant materials to be newly installed in landscape designs shall meet the following specifications:

a.

All trees, major, evergreen and ornamental, shall be containerized, bagged-and-burlapped stock, or bare root in good condition, with a caliper of at least one and one-half inches measured one foot above grade for deciduous trees, and a height of at least six feet for coniferous trees; and

b.

All shrubs shall be a minimum one-gallon containerized stock or bare root, in good condition; and

c.

All perennials and ornamental grasses shall be a minimum four inches containerized stock or bare root and, in good condition. All plant materials shall comply with the American Standard for Nursery Stock; and

d.

No artificial plant materials may be used to satisfy the requirements of this standard unless approved by the administrator (e.g., artificial turf for water conservation).

e.

As of the 2016 update of the Polson Development Code, the following agencies and websites are available as resources for information about noxious vegetation and recommended plant types:

i.

Lake County Weed Control District: www.lakecountyweeddistrict.org or 406.883.7330

ii.

Montana Weed Control Association, Inc.: www.mtweed.org or 406.684.5590

iii.

MSU/Lake County Extension Office: www.lakecounty-mt.org/ExtensionOffice or 406.676.4271

10.

Protection of landscape areas.

a.

Perimeter parking lot treatment (i.e., curbs, large rocks, etc.) shall be installed to protect landscape areas adjacent to parking lots.

b.

Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs or other permanent barriers approved by the Administrator.

c.

Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots.

11.

Coordination with utilities. In order to prevent damage to both vegetation and above-ground and underground utility lines, all trees and other large vegetation shall be planted no closer than the minimum distance specified in theCity of Polson Standards for Design and Construction. Contacting the utility locate company is advised before digging or installing any landscaping. The website www.montana811.org is available for the public to understand and use the "Call Before You Dig" or the "One-Call" System which has been set up to prevent damage to people, property and underground facilities. As of the 2016 update of the Polson Development Code, to request a locate of underground facilities in your area, dial 811 or 1-800-424-5555.

12.

Maximum allowable slope or grade.

a.

All required landscaped areas shall not exceed a 35 percent slope at final grade, except as provided below.

b.

The administrator may waive the maximum allowable 35 percent slope if the site is certified stable by a professional engineer licensed in the State of Montana. Consideration of this waiver will typically only be given with a purpose to protect existing topographical or natural features (i.e., watercourse, hillside, mature vegetation). Alternatives to enable exceeding the maximum allowable slope of 35 percent may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features.

c.

All landscaped areas to be finished in grass that exceed a maximum allowable slope of 35 percent shall be installed as turf sod or hydro-seed. If hydro-seed is utilized, additional erosion control fabric (i.e., matting or blanket, or equivalent thereof) shall be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established.

13.

General maintenance.

a.

Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. However, the city parks department is responsible for pruning or removing any tree in a city right-of-way or park.

b.

Any required plant that dies must be replaced with another living plant that complies with the approved landscape plan. Failure to maintain required landscaping in a healthy growing condition at all times is a violation that may result in zoning enforcement according to article 3, division 6. When enforcing this provision of this performance standard, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke a permit is taken.

c.

Any damage to utility lines resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If some plant materials die, it is the obligation of the property owner to replace the plant materials.

14.

Vegetation definitions. When used in this section, terms are defined as follows:

Buffer: A landscape area located along the perimeter of a lot or parking lot intended to soften visual and auditory impacts and to separate land uses from one another or from a publicly traveled way.

Dense hedge: Closely growing bushes or shrubs that provide a consistent visual screen.

Evergreen tree: A tree with needles or leaves that remain alive and on the tree through the winter and into the next growing season. Evergreen trees may be ornamental or major trees, depending on expected height at maturity. Evergreen trees are encouraged to be incorporated into landscape designs due to year-round benefits.

Grasses: Non-woody plants in the family Gramineae, as well as grass-like plants belonging to the families Cyperaceae (sedges) and Juncaceae (rushes).

Major tree: A tree with an expected mature height of greater than 25 feet. Major trees may also be referred to as canopy trees.

Mature plant: A plant that has reached its full growth stage.

Maturity: A stage at which a plant is mature.

Perennial: Plants that live or grow for more than one year.

Ornamental: Decorative or for aesthetic design purposes.

Ornamental tree: A decorative tree with an expected mature height of 16 to 25 feet.

Screen: A landscape area located along the perimeter of a lot or parking lot intended to provide privacy, block a view and to separate land uses from one another or from a publicly traveled way.

Shrub: A plant that has persistent woody stems and a relatively low growth habit, and that generally produces several basal shoots instead of a single bole. For purposes of these regulations, shrubs are less than 16 feet in height at maturity.

Tree: A woody plant having one or more perennial stem at least three inches diameter at breast height at maturity, a more or less definitely formed crown of foliage, and a height of at least 16 feet at maturity.

1.

In all residential zoning districts the temporary use of a recreational vehicle for landowners' guests shall be permitted for a time period not to exceed 14 days without obtaining a zoning conformance permit. Such temporary recreational vehicles shall be parked on the landowners' property and shall not be hooked up to city water and sewer services.

2.

Permitted uses, seasonal recreational accommodations: The number of seasonal recreational vehicles shall not exceed one per lot. The recreational vehicles may not be rented. These structures must meet all specification standards of the zoning district in which the property is located including setback distances, shoreline buffers and other applicable performance standards of these regulations. The recreational vehicle may be stored on the property in compliance with the outdoor storage specification defined for each zoning district while not in use. All RVs shall have sewage disposal facilities that meet local and state sanitation requirements. No RV structures shall be used as permanent (year round) dwellings.

3.

No recreational vehicle shall be parked or permitted to stand on any public street, highway, road, alley or other such right-of-way for more than a 24-hour period. If so parked for less than a 24-hour period, it shall be parallel to the edge of the right-of-way, safely out of the flow of moving traffic.

1.

Purpose. The purpose of these performance standards is to allow efficient use of the existing housing stock and infrastructure, provide housing options that respond to changing household sizes and needs, provide a means for residents, particularly seniors, single parents and empty-nesters, to remain in their homes and neighborhoods, obtain extra income, security, companionship and assistance, and to provide a broader range of affordable housing options.

2.

Applicability. The following are considered accessory dwelling units or uses:

a.

A single dwelling unit occupied by the owner, a manager, or a guard is a customary accessory use on all commercial and industrial properties.

b.

An accessory apartment (an attached, single, functionally separate dwelling unit) is a customary accessory use in all single family dwellings.

c.

A detached accessory dwelling unit (a single, fully functional dwelling unit physically separated from the primary dwelling on a lot), including an apartment above a garage, is a customary accessory residential use in the LRZD, MRZD, RZD, and HMZD.

3.

Specification standards.

a.

Only one accessory dwelling is permitted per lot;

b.

Except for an accessory dwelling unit provided for a manager or guard on a commercial or industrial property, accessory dwelling units are only allowed on lots developed with single family residences.

c.

An accessory dwelling shall not contain more than two bedrooms (rooms used principally for sleeping purposes);

d.

In the LRZD, MRZD, RZD, TZD, and HMZD, the lot must meet the minimum size requirement of the district;

e.

The ground floor area of the accessory unit shall not exceed 50 percent of the ground floor area of the principal dwelling or structure;

f.

An accessory dwelling shall not exceed two stories or the height of the principal dwelling or structure, whichever is less;

g.

The accessory dwelling shall have a roof pitch, siding, trim and window proportions similar to that of the principal dwelling or structure;

h.

The accessory dwelling shall comply with all other standards for principal dwellings or structures such as setbacks, lot coverage and height;

i.

The accessory dwelling unit shall not require a separate access approach;

j.

Only one municipal facility hookup for sewer and water shall be allowed per lot;

k.

At least one off-street parking space must be provided for an accessory dwelling unit; and

l.

Approval from the Montana Department of Environmental Quality or Lake County Environmental Health Department may be required prior to occupancy.

4.

Renting an accessory dwelling unit. Renting of either dwelling may occur so long as the two conditions below are met. (Renting an accessory dwelling unit to a manager or guard on a commercial or industrial property is exempt from these conditions.)

a.

One of the dwellings shall be occupied by the landowner as a permanent residence.

b.

The landowner shall record a signed affidavit and deed restriction, in a form approved by the city attorney, stating the property owner will reside on the property, either in the principal or accessory dwelling unit. Once recorded, the deed restriction may not be removed or modified without city commission approval.

5.

Violation of terms. In the event that any of these terms is violated, the owner shall provide for the removal of the accessory dwelling improvements and restore the site to its principal use. Violations of these standards will be prosecuted to the fullest extent of the law.

1.

Purpose. The purpose of this section is to encourage "cottage industry" while mitigating impacts to neighboring homes. A home occupation may be any commercial or light industrial activity that complies with these performance standards, and the other performance standards of these regulations, as applicable.

2.

Floor area. A home occupation may be located within any dwelling or an accessory building, but shall not occupy a floor area larger than one half of the floor area of the dwelling to which it is accessory.

3.

Employees. Except in the LRZD, MRZD, OTZD, XRZD, TZD and HMZD where two through four employees who work primarily on the premises may be allowed with a special use permit, no home occupation shall have more than one full-time equivalent, on-premises employee who is not a member of the resident family.

4.

Parking. Home occupations shall provide off-street parking in compliance with the requirements of section 6.04.250, above.

5.

Outdoor storage. Outdoor storage associated with a home occupation shall be subject to the same performance standard governing other outdoor storage in its zoning district, and the other applicable performance standards of these regulations.

6.

Signs. Home occupations may display signs as permitted in the sign ordinance as found in the appendix to the Polson Development Code.

1.

Purpose. The purpose of this section is to provide options for overnight accommodations and meal services to tourists and visitors while minimizing impacts to the neighborhood in which the accommodations are located.

2.

Applicability. Bed and breakfasts are considered either a permitted use or a special permit use and may be operated in the LRZD, MRZD, OTZD, XRZD, TZD, RZD, and HMZD.

3.

Performance standards.

a.

The establishment must be operated by the owner of the home, who must live in the structure.

b.

The bed and breakfast may not provide accommodations for more than 18 guests.

c.

Food service may be provided for resident guests only.

d.

Bed and breakfasts may not be leased or offered for use as reception space, party space, meeting space or similar events open to non-resident guests.

e.

Bed and breakfasts may display signs as permitted in the sign ordinance as found in the appendix to the Polson Development Code.

f.

If the parcel abuts an alley, access to guest parking must come from the alley.

g.

Off-street parking shall be provided in compliance with section 6.04.250 of these regulations.

1.

Applicability. Multiple-family dwellings are subject to all applicable regulations of the Polson Development Code except as modified or supplemented by these standards. These standards apply to multiple-family dwelling structures, including apartments, condominiums and retirement homes that contain more than two living units. They also apply to townhouse structures, and when a single parcel contains either multiple two-family dwellings or a combination of multi-family dwellings and two-family dwellings. These standards do not apply when one two-family dwelling is to be located on a parcel.

2.

Pedestrian access. Multiple-family dwellings must provide a system of walkways connecting each multi-family dwelling to the following when applicable: adjacent public sidewalks, on-site parking lots or parking structures, other on-site multiple-family dwelling buildings, garages, disposal and recycling containers, mail boxes, recreation areas and storage areas.

3.

Parking and vehicle access.

a.

Off-street parking shall be provided in compliance with section 6.04.250 of these regulations.

b.

No more than 30 percent of the parking area may be located between the principal building and the front street.

c.

Parking may not be located within any required side setback area.

d.

Direct access shall be provided onto a collector or arterial street, or otherwise located where traffic shall not be channeled through local residential neighborhoods. However, multiple family dwellings or dwelling unit complexes shall not have direct access onto U.S. Highway 93 or MT Highway 35.

e.

Access and access routes meeting the requirements of the Polson Fire Department may be required to ensure residents have adequate means of escape in the event of an emergency.

4.

Design features. The developer shall provide at least three of the following (at the developer's discretion):

a.

Modulated building wall planes on the front facade through the use of projections, recesses and offset planes with a minimum depth of two feet;

b.

Balconies or bay windows on the front building facade;

c.

Varied rooflines;

d.

Visual diversity on all building facades by varying materials, texture, or color;

e.

Landscaping adjacent to the building that includes at least one tree and four shrubs per each 25 linear feet of building facade that faces a public street; and

f.

Windows or glazed area equal to at least 15 percent of the combined total of all the building's facades.

1.

Purpose. The purpose of these cluster development standards is to encourage innovative development designs that concentrate building sites on smaller lots in order to reduce capital and maintenance costs while preserving natural areas, agriculture and open spaces.

2.

Applicability. This cluster development option is available in the LRZD and RZD.

3.

Review procedure.

a.

Cluster developments that are subdivisions shall follow the subdivision review procedure in article 6. Cluster developments that are not subdivisions shall follow the appropriate review procedures described in these regulations.

b.

Cluster development subdivisions are exempt from the parkland dedication requirements of section 6.04.290 and MCA 76-3-621.

4.

Development standards.

a.

The maximum size for any clustered parcel is one-half acre.

b.

The maximum number of dwelling units or developed, non-conservation area lots is the same as that allowed under the applicable zoning district regulations, unless a conservation bonus is granted pursuant to subsection 6, below.

c.

The maximum number of parcels in a cluster is 20. There may be more than one cluster.

d.

Setbacks internal to a cluster development may be waived or reduced, but in no case shall any setback for detached dwellings be less than five feet.

e.

Lots are not subject to the minimum lot size, minimum frontage or minimum lot width requirements of the zoning district, but are subject to the lot coverage requirements of the zoning district and section 6.04.040, as applicable.

f.

At least 40 percent of lots shall abut a conservation or open space area. Direct pedestrian access to the conservation or open area shall be provided to all lots unless and while the area is used for farming or ranching, where resident access is not required but may be provided.

g.

The clusters shall contain a continuous system of sidewalks and trails.

h.

There may be up to two homes on a shared private driveway. The shared driveway is limited to 200 feet in length.

5.

Conservation area or open space.

a.

The conservation area or open space must conserve and protect significant resources, such as stream buffers, steep slopes, wetlands, fields, seeps, woodlands, prime soils, irrigation facilities and viewsheds. It can be used to conserve agricultural lands and provide recreational opportunities for the subdivision's residents and/or the general public. It can be used to conserve significant historic or cultural resources.

b.

The conservation area or open space may contain a residence and appurtenances if used for agriculture. The conservation area or open space may also be used for wastewater treatment facilities, subsurface utilities, stormwater management, community gardens, trails, parks and other recreational uses and related facilities as allowed in the zoning district. It shall not be heavily infested with noxious weeds at the time of final platting. Roads within the conservation area or open space shall not be counted toward the open space minimum.

c.

The location, size, character and shape of the conservation or open space area(s) shall be appropriate for its intended use. However, at least ten acres or 50 percent of the property, whichever is greater, shall be designated and maintained as conservation area or open space.

d.

Open space to be used for active recreation shall be located and designed so that it can be conveniently and safely accessed by intended users.

e.

The designated conservation or open area shall be preserved as a condition of approval of a cluster development subdivision. Land protected as open space on a long-term basis must be identified on the final subdivision plat, and the plat must include a copy of or a recording reference to the irrevocable covenant prohibiting further subdivision, division, or development of the open space lots or parcels, as provided in MCA title 70, chapter 12, part 2.

f.

A cluster development preliminary plat application shall include a plan for ownership, use, and management.

6.

Conservation bonus. A cluster development qualifies for a bonus in the number of lots or dwelling units if:

a.

The governing body determines the conservation area or open space contains one or a combination of qualities described in subsection 5.a, above;

b.

Sixty percent or more of the parent tract is protected from development as described in subsection 5.e, above; and

c.

The governing body determines the plan for ownership, use, and management of the conservation area or open space will adequately provide for its long term protection and management.

d.

Conservation bonuses shall be as follows:

Table 4.8. Conservation Bonus Table

Note: When using the conservation bonus table to determine the allowable number of lots or dwelling units, numbers ending with a decimal of .5 and greater shall be rounded up, 049 and less shall be rounded down to the nearest whole number.

e.

The shaded area above highlights the following example. The developer of a 40 acre subdivision in the LRZD would normally be permitted up to 248 residential lots (40 acres ÷ 7,000 square feet per lot = 248 lots); however, streets and other dedications would likely reduce this number. If the developer preserves 80 percent of the property for conservation or open space, the developer could add 124 more building lots (248 lots x 50% bonus = 124). 372 homes would then be clustered on eight acres, creating residential lots averaging 937 square feet (not including roadways), with the remaining 32 acres managed for conservation or open space.

1.

Purpose. The purpose of these standards is to:

a.

Accommodate the provision of wireless communication services to residents, businesses and visitors;

b.

Enhance the ability of service providers to serve the community as quickly, effectively and efficiently as possible by clarifying the permitting process and design requirements;

c.

Protect residential property values and the visual environment from the adverse impacts of communication facilities through careful design and performance standards; and

d.

Limit the number of towers needed to serve the Polson area by requiring the co-location of wireless communication devices on existing and new antenna support structures, rooftop-mounted structures, public buildings and utilities.

2.

Applicability. All wireless communication facilities located within the Polson city limits except for those on tribal, allotment or trust lands are subject to these standards. Amateur radio and other residential communication devices are exempt from the application of this ordinance/resolution.

3.

Location.

a.

Wireless communication facilities within the Polson city limits are special uses in all zoning districts if the proposal meets the requirements of subsections 4 (General Standards), 5 (Co-location Requirements), and 8, (Application Information) and the application is approved in accordance with section 6.03.230.

b.

The use of existing conforming buildings and other structures for placement is hereby encouraged. Additionally, all wireless communication facilities shall meet the requirements of the FAA and FCC.

4.

General standards.

a.

Height. The maximum antenna support structure height is 100 feet.

b.

Design. The tower associated with a wireless communication facility shall be a monopole or similar structure designed so that guy wires are not necessary. Lattice towers are prohibited. Creative designs that seek to hide the structure or minimize the visual impact are encouraged.

c.

Spacing. The minimum distance from the base of an antenna support structure to the closest boundary of a residentially zoned parcel is equal to the height of the structure, including antennae. The spacing requirement does not apply to parcels adjacent to an existing wireless communication facility (i.e., there is no spacing requirement between antenna support structures).

d.

Color. All structures at a wireless communication facility shall be non-reflective and finished with a uniform earth or sky tone color including white, gray and brown. Galvanized steel is considered non-reflective.

e.

Lighting. No tower shall be artificially lit unless to assure safety as required by the FAA or FCC. If lighting is required, red beacons are preferable to flashing strobe lights.

f.

Signage. No advertising is permitted anywhere on the facility. Identification signage that lists contact information and is less than four square feet in size shall not be considered advertising.

g.

Screening. Communication facilities shall not include staffed offices, vehicle or equipment storage or other uses not required to send, receive or relay transmissions unless they are screened from public view.

h.

Fencing. A slatted chain link or solid wood or masonry fence at least six feet in height shall be constructed and maintained around the perimeter of the wireless communication facility. Barbed wire fences are prohibited within the city limits. If the facility is located on top of a building, no fencing is required.

i.

Landscaping. A continuous hedge at least four feet in height when planted shall be planted and maintained around the perimeter of the fencing to provide a visual screen. If the facility is located on top of a building or other structure, no landscaping is required.

5.

Co-location requirements.

a.

New antenna support structures shall be designed to accommodate the applicant's antenna and at least one additional antenna unless technically infeasible.

b.

All new antennae must co-locate on existing or approved antenna support structures or existing structures. If co-location is not feasible, the service provider must demonstrate evidence supporting its claim. Such evidence may consist of the following:

i.

No existing structures are located within the geographic area required to meet the applicant's technical requirements.

ii.

Existing structures are not of sufficient height or strength (including the possibility of reinforcement) to support the proposed antenna.

iii.

The applicant's proposed antenna would electromagnetically interfere with an existing antenna or vice versa.

iv.

The cost to co-locate substantially exceeds the costs to erect a new facility.

v.

Property owners or owners of existing facilities are unwilling to accommodate the applicant's needs.

vi.

The applicant clearly demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

6.

Abandonment. If at any time the use of a wireless communication facility is discontinued for 180 days, the facility shall be declared abandoned. Determination of abandonment shall be made by the administrator who shall have the right to request documentation from the facility owner regarding support or antenna usage. Upon abandonment, the facility owner will have 90 days to:

a.

Re-use the facility or transfer it to another service provider who will re-use it; or

b.

Dismantle the facility and return the site to pre-construction condition. If the facility is not removed within 90 days of determination of abandonment, the city may remove the facility at the property owner's expense.

7.

Variance. If a service provider is unable to meet the requirements of these regulations, the service provider may petition the board of adjustment for a variance. Such a request must include the fee associated with a variance request, steps to be taken to minimize impacts to surrounding landowners and demonstrate why the applicant cannot comply with the requirements. The variance procedure shall be in accordance with section 6.03.320.

8.

Application information. The applicant shall submit the following information for review (see administrative materials [on file with the city clerk] for an application):

a.

A site plan showing the location and legal description of the site, adjacent roadways, parking and access, areas of vegetation and landscaping, setbacks from property lines, rights-of-way, easements, covenants and residentially zoned areas, and the location of all improvements within the proposed or existing facility;

b.

A vicinity map showing properties and listing the names and addresses of landowners within 1,000 feet and describing land uses;

c.

Elevation drawings showing all antennae, towers, structures, fencing, lighting, signage, landscaping and other improvements;

d.

A statement describing the reasons for the proposed design, the need for the facility including its role in the larger network, the capacity of the tower and the number and type of antennae it can accommodate. Present and future need must be demonstrated by the applicant;

e.

A letter of intent to allow co-location on the antenna support structure;

f.

A letter of intent to remove the facility at the expense of the facility owner or landowner if it is abandoned. The letter shall include a signed statement by the property owner consenting to the city staff entering the property to remove an abandoned facility;

g.

Proof of ownership of the land upon which a communication facility is proposed to be constructed or a copy of the appropriate lease or rental agreement;

h.

Proof of legal and physical access; and

i.

A statement by a licensed professional engineer that the facility will comply with all FAA and FCC standards for structures and radio emissions and local, state and/or federal building codes.

9.

Definitions unique to these standards.

Antenna. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennae such as panels, microwaves dishes, and satellite dishes and omni-directional antennae, such as whip antennae.

Antenna support structure. Any structure or device designed, constructed, used and/or erected for the purpose of attaching, mounting or otherwise affixing antennae. The term includes but is not limited to buildings, light poles, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative antenna support structures, and the like. The term includes the structure and any support thereto.

Antenna support structure height. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure including any attached antennae. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Co-location. The use of a wireless communications facility by more than one wireless communications provider.

FAA. Federal Aviation Administration.

FCC. Federal Communications Commission.

Wireless communication facility. A facility for the transmission and/or reception of radio frequency, microwave or other signals for communications purposes, typically consisting of an equipment enclosure, an antenna support structure, foundation and one or more antennae. Amateur radio and land mobile radio are excluded from this definition. An antenna alone is not considered a wireless communication facility.

1.

Sexually oriented businesses may be located only in the HCZD or CIZD.

2.

Sexually oriented businesses shall not be located within 1,000 feet of any religious institution, cemetery, school, public park, boundary of any residential district or another sexually oriented business.

3.

Sexually oriented businesses must prohibit entrance by persons less than 18 years of age.

4.

No material depicting specified sexual activities or specifying anatomical areas shall be visible from the exterior of an adult entertainment center.

1.

Purpose. The planned unit developments are intended to:

a.

Allow flexibility in specification and performance standards in exchange for community benefits and innovative, quality design;

b.

Encourage a complementary mixture of uses and development in accordance with an approved plan, that protects adjacent properties;

c.

Encourage the preservation and enhancement of natural amenities, cultural resources and open space;

d.

Provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure; and,

e.

Encourage infill development, traditional neighborhood development, affordable housing, low-impact, energy efficient and innovative projects, and a variety of housing types and sizes to accommodate households of all ages, sizes and incomes.

2.

Applicability. PUDs may be approved in the following zoning districts: LRZD, MRZD, OTZD, RZD, HMZD, TZD, HCZD and CIZD.

3.

Requirements. No application for a PUD will be accepted or approved unless all of the property included in the application is under unified ownership or a single entity's control. In addition, PUDs must contain the following components:

a.

A size of at least ten acres except for infill development, where the minimum size is two and one-half acres;

b.

Pedestrian and bicycle facilities throughout and connecting to adjacent facilities;

c.

A mixture of land uses and housing types;

d.

Interconnected roads, preferably lots and blocks with alleys;

e.

Architectural design standards to be implemented and enforced by a private party such as a unit owners association;

f.

A coordinated landscape plan;

g.

Significant open spaces such as playground or park areas designed for active and passive users with the scale, type and natural features depending on the projected needs of the future users of the site; and

h.

Community facilities in common ownership and use.

i.

Larger scale projects are also encouraged to include:

(1)

A functional neighborhood center that is the focal point of the neighborhood with indoor and outdoor spaces and a mixture of uses, opportunities for civic engagement and public art; and

(2)

The majority of dwellings located within 2,000 feet of the neighborhood center.

4.

Standards eligible for modification. Unless otherwise expressly approved by the governing body, PUDs are subject to all applicable standards of the base zoning district regulations. A waiver of the standards does not require approval of the BOA. The governing body may approve PUDs that deviate from specific standards if it is determined that the resulting development satisfies the approval criteria in subsection 6 below. The specific standards that may be modified include:

a.

Allowed uses. Regardless of the underlying zoning, a PUD may include a complementary mix of use types and a broader range of housing types and affordable housing options. A list of uses to be allowed in a PUD must be approved by the governing body;

b.

Minimum lot size (where applicable), provided that parcels sizes are adequate to safely accommodate all proposed buildings and site features and are warranted to support the public benefit likely to result from the proposed development;

c.

Setbacks, when determined to be warranted to support the public benefit likely to result from the proposed development;

d.

Building height, when determined that such an increase is warranted to support the public benefit likely to result from the proposed development;

e.

Maximum lot coverage, so long as erosion will be controlled and stormwater is determined likely to be contained in a manner that will not negatively impact surface water quality or downstream properties;

f.

Parking and loading, when determined that such modifications are warranted to support the public benefit likely to result from the proposed development; and

g.

Street and non-motorized transportation standards so long as such designs would better meet the purpose of this PUD section while still providing a safe and efficient traffic flow.

5.

Review process. Planned unit developments are established through the approval of a PUD master site plan. At the option of the developer, the master site plan may also serve as a preliminary subdivision plat if such intention is declared at the pre-application meeting and if the site plan includes all information required for preliminary plats. If the master site plan contemplates distinct phased preliminary plats, the plat for the first phase shall be reviewed concurrently with the master site plan.

A PUD master site plan becomes final when approved by the governing body after a noticed public hearing and recommendation by the CCPB. A subdivision plat reviewed along with a PUD becomes final when all conditions of preliminary approval have been met. All subdivisions authorized under a PUD must become final within ten years of PUD master site plan approval.

In addition to the requirements for special permit uses and subdivisions, each PUD application must include the following items:

a.

A master site plan showing the location and area of lots and blocks, buildings, transportation facilities, parks, open space and other amenities, utilities and other pertinent features;

b.

A list of the specific standards that are requested to be modified;

c.

A list of land uses that are proposed in the PUD;

d.

A written description of the community benefits of the proposed development and how it provides greater benefits to the city than would development under conventional zoning district regulations;

e.

Architectural standards; and

f.

A description and draft documents indicating how common areas and facilities will be managed.

6.

Review criteria. In reviewing and making decisions on proposed PUDs and site plans, the CCPB and governing body shall consider and make findings on the following criteria:

a.

Whether the proposed PUD would result in a greater benefit to the city than would development under conventional zoning district regulations. Greater benefit may include implementation of adopted planning policies, natural resource preservation, innovative urban design, low-impact or energy efficient development, affordable, workforce or senior housing, neighborhood or community amenities or an overall level of development quality;

b.

The proposal's consistency with the adopted plans for the area;

c.

Compliance with this section 6.04.500.

d.

Special use permit criteria; and

e.

Primary review criteria for subdivisions, when applicable.