PENDING ORDINANCES
ORDINANCE NO. 1377
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO, AMENDING MUNICIPAL CODE SECTIONS 18.16.010 AND 18.20.190 TO ESTABLISH THREE NEW ZONING DISTRICTS INCLUDING THE COMMUNITY COMMERCIAL MIXED  (CCM), RESIDENTIAL MIXED (RM), AND PUBLIC RESERVE (PR) ZONING DISTRICTS; ESTABLISHING DEVELOPMENT REGULATIONS FOR THE NEW ZONES INCLUDING PERMITTED USES, SETBACK REQUIREMENTS, DEVELOPMENT INTENSITY OR DENSITY REQUIREMENTS AND BUFFER YARD REQUIREMENTS; DESIGNATING APPROPRIATE LOCATIONS FOR THE NEW ZONES AND AUTHORIZING DEVELOPMENT AGREEMENTS FOR THE NEW MIXED USE ZONING DISTRICTS; AMENDING SECTIONS 18.20.040 AND 18.24.030 TO REPEAL THE REQUIREMENT FOR GARAGES FOR CERTAIN RESIDENTIAL USES AND TO ADOPT MULTI-FAMILY RESIDENTIAL PERFORMANCE STANDARDS INCLUDING EQUIPMENT SCREENING, ORIENTATION OF STRUCTURES, BUFFER YARD REQUIREMENTS, LIGHTING STANDARDS AND OPEN SPACE REQUIREMENTS; ADOPTING A NEW SECTION 18.24.035 TO ESTABLISH REGULATIONS FOR VERTICAL MIXED USE DEVELOPMENTS INCLUDING LOCATION OF PARKING AND ENTRANCES, SCREENING OF PARKING AREAS, LOCATION OF VEHICULAR DRIVES, HEIGHT OF GROUND FLOORS IN MIXED USE BUILDINGS, SETBACK REQUIREMENTS, ALLOWED ENCROACHMENTS INTO RIGHTS OF WAYS AND GLAZING REQUIREMENTS; REPEALING SECTION 18.20.030 AND ADOPTING A NEW SECTION 18.20.030 TO PROVIDE A NEW LAND USE TABLE SHOWING THE ALLOWABLE LAND USES IN THE VARIOUS ZONING DISTRICTS;  REPEALING CONFLICTING ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE BY SUMMARY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public hearing on the hereinafter provided amendments, and after recommendation by thePlanning and Zoning Commission, it is deemed by the Mayor and City Council to be in the best interests of the City of Post Falls that said amendments be adopted; NOW, THEREFORE,
BE IT ORDAINED, by the Mayor and City Council of the Post Falls:
SECTION 1.That Post Falls Municipal Code Section 18.16.010 Subsection A is amended to read as follows:
18.16.010: ESTABLISHMENT OF ZONING DISTRICTS:
A. Residential Zones:
1. Single-Family Residential Suburban (R1S): The R1S zone recognizes existing rural residential large lot uses, and other areas suitable for large lot residential development with or without accessory agricultural uses. The intent of this zone is to provide estate sized lots. This zone should be applied where surrounding uses are compatible with large lot residential development. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
2. Single-Family Residential (R1): The R1 zone is intended for one single-family home on one lot of minimum size or larger and to permit other accessory uses that are associated and compatible with residential use. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
3. Medium Density Multi-Family Residential (R2): The R2 zone is intended for residential structures containing one or more dwelling units and for accessory uses that are associated and compatible with residential uses. This zone is primarily applied in areas suitable for residential development where such residentially designated areas are readily serviced by collector and arterial streets suitable for higher levels of traffic; where other public services are sufficiently available for the intensity of use contemplated; and where the configuration of municipal infrastructure and neighboring land uses are compatible with the use allowed hereby. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
4. High Density Multi-Family Residential (R3): The R3 zone is intended for residential structures containing one or more dwelling units potentially constructed in multiple-unit configuration at moderate to high density and for accessory uses that are associated and compatible with residential uses. This zone is primarily applied in areas where such residentially designated areas are readily serviced by collector and arterial streets suitable for higher levels of traffic, where other public services are sufficiently available for the intensity of use contemplated and where the configuration of municipal infrastructure and neighboring land uses are compatible with the use allowed hereby. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
5. Mobile Home Park (RMHP): The intent of this district is to provide for existing mobile home parks and establish minimum standards for the design, construction, alteration, extension and maintenance of mobile home parks and related utilities and facilities and authorizing the issuance of permits, licensing and inspection of such mobile home parks. This zoning designation is for existing established residential mobile home parks, not for new or proposed parks. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
6. Residential Mixed (RM):  The Residential Mixed (RM) zone is intended to accommodate a mixed residential community with a variety of housing types at varying densities within the development area. Small scale neighborhood commercial/office uses may be suitable within the RM zone. This zone should be applied in areas designated for a residential land use pattern within the Comprehensive Plan’s Future Land Use Map. Approval of the Residential Mixed (RM) zone requires a development agreement regulating the development site1 as provided in section 18.20.190 of this title.
 
a. The RM zone is appropriate for:
 
i. Areas designated Low, Medium, or High Density Residential, or Transitional in the Comprehensive Plan.
 
ii.  Areas readily serviced by collector and arterial streets suitable for higher levels of traffic.
iii.  Areas where other public services are sufficiently available for the intensity of use.
 
iv. Areas where the configuration of municipal infrastructure and neighboring land uses are compatible with the uses allowed in the RM zone.
 
b.  Permitted Uses:
 
Permitted and specially permitted uses in the RM zone are listed in the land use table in Section 18.20.030.  Multi-family residential uses cannot exceed twenty percent (20%) of the total development site (gross)2.  Neighborhood commercial/office uses cannot exceed 10 percent (10%) of the total development site (gross). 
 
c.  Development Intensity Standards:
 
Minimum site:                        4 acres
Minimum lot area:                         none.
Maximum lot coverage:                  none.
Maximum height3:
Duplexes, twin-homes and single-family residences:         35 feet.
All other structures:                     45 feet.
 
d.  Minimum Setbacks(measured from a property line to the foundation, face of a covered porch or stairway, or other weight bearing portion of the structure, whichever is closest to the property line.):
 
Front4:
Setback to front of structure:                  15 feet.
Setback to front of garage/shop:               20 feet.
 
Rear:
Non-residential lot bordering residential zone edge/lot line:      15 feet.
Non-residential lot bordering non-residential zone edge:       0 feet.
 
Residential lot (excluding multi-family) bordering
non-residential zone edge:                   15 feet.
All other residential setback to rear of structure5:         10 feet.
 
Interior Side Yard:
Non-residential lot bordering residential zone edge/lot line:      15 feet.
Non-residential lot bordering non-residential zone edge:       0 feet.
 
Residential lot bordering non-residential zone edge:         15 feet.
 
All other residential (excluding multi-family) setback to the
side of structure6:                     5 feet.
All other multi-family setback to the side of structure6:      10 feet.         
Street Side Yard:
Setback to side of structure:                     15 feet.
 
___e. Buffer Requirements:
 
Development projects in an RM zone must comply with the buffering requirements contained in section 18.24.080(C)(5) of this title.
f.  Open Space Requirements:
 
At least seven percent 7% of the total development site must be developed as open space that complies with the requirements of section 18.20.080(C)(2) of this title. 
 
SECTION 2.That Post Falls Municipal Code Section 18.16.010 Subsection B is amended to read as follows:
 
18.16.010: ESTABLISHMENT OF ZONING DISTRICTS:
 
B. Commercial Zones:
 
1. Limited Commercial (LC): The LC zone permits neighborhood compatible commercial retail and service uses of modest scale in areas not conveniently served by existing or proposed commercially designated lands. This zoning district is compatible with residential lands that would accommodate medium or high-density residential land uses. Residential uses may be allowed at densities permitted by the medium density multi-family residential (R2) zone by special use permit. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
2. Community Commercial Services (CCS): The CCS zone supports uses that include retail sales or performance of consumer services and permits a variety of retail, professional, or service businesses, including some manufacturing, technical, or other professional uses. This zone is applied in areas primarily located near arterials and collector streets. Residential uses may be allowed within this zone at densities permitted by the High-Density Multi-family residential (R3) zone by special use permit when they will not compromise present uses. Lot area and building bulk and placement requirements shall agree with the values set forth in section 18.20.040, "Official Bulk and Placement Regulations Table", of this title.
 
 
3. Community Commercial Mixed (CCM):  The Community Commercial Mixed (CCM) zone is intended to accommodate both commercial and high-density residential development at densities permitted by the high-density multi-family residential (R3) zone in a mixed-use development pattern.  This zone should be applied in areas primarily located near arterials and collector streets to support commercial, residential, professional office, and civic uses that support an accessible work, live, and shop environment. Approval of the Community Commercial Mixed (CCM) zone requires a development agreement regulating the development site7as provided in section 18.20.190 of this title.
 
a. The CCM zone is appropriate for:
 
i. Areas designated Commercial, Commercial Mixed, Business Industrial, or Transitional in the Comprehensive Plan.
 
ii.  Areas readily serviced by collector and arterial streets suitable for higher levels of traffic.
 
iii.  Areas where other public services are sufficiently available for the intensity of use
 
iv. Areas where the configuration of municipal infrastructure and neighboring land uses are compatible with the uses allowed in the CCM zone.
 
b.  Permitted Uses:
 
Permitted and specially permitted uses in the CCM zone are listed in the land use table in Section 18.20.030 of this title.  Multi-family residential uses may not exceed fifty percent (50%) of the total development site8.  Multi-family uses that are incorporated into vertical mixed-use buildings are excluded from this calculation.
 
c.  Development Intensity Standards:
 
Minimum site:                        4 acres.
Minimum lot area:                         none.
Maximum lot coverage:                  none.
Maximum height9,10::                     105 feet.
 
d.  Minimum Setbacks:
 
Front11:
Setback to front of structure:                  15 feet.
 
Rear:
Non-residential lot bordering residential zone edge:         15 feet.
Non-residential lot bordering non-residential zone edge:       0 feet.
Residential lot bordering non-residential zone edge:         15 feet.
Non-Residential lot bordering residential internal to the zone:   15 feet   
Residential lot abutting residential internal to the zone12:      10 feet.
Interior Side Yard:
Non-residential lot bordering residential zone edge:         15 feet.
Non-residential lot bordering non-residential zone edge:       0 feet.
Residential lot bordering non-residential zone edge:         15 feet.
Non-Residential lot bordering residential internal to the zone:   15 feet   
Residential lot abutting residential internal to the zone13:      10 feet.
 
Street Side Yard:
Adjacent to streets:                     15 feet.
 
___e. Buffer Requirements:
 
Development projects in an CCM zone must comply with the buffering requirements contained in section 18.24.080(C)(5) of this title.
 
f.  Open Space Requirements:
 
The open space required for multi-family developments by section 18.24.030 of this title may be consolidated into a larger common open space area within the CCM zone provided that the common open space area is located within 1,320 feet (1/4 mile) of the multi-family development site and the common open space area is connected to the multi-family development site by sidewalks or segregated pedestrian/bicycle paths.  Additionally, the common open space must comply with the requirements of section 18.20.080(C)(2) of this title and the approval of the common open space must be noted in the required development agreement. 
 
 
SECTION 3.That Post Falls Municipal Code Section 18.16.010 is amended to add a new Subsection E to read as follows:
 
18.16.010: ESTABLISHMENT OF ZONING DISTRICTS:
 
E.  Public Reserve Zone:  The Public Reserve (PR) Zone is established to accommodate existing and future public uses, such as, but not limited to, governmental, public utility, educational, recreational, cultural, water reuse, agricultural, environmental.  It is anticipated that the uses allowed may be unique and may involve a combination of uses not permitted outright in any other zoning districts.  The PR Zone does not allow privately-owned development.   
 
1. Application:  The PR Zone is appropriate for:
 
a. All future land use designations within the Comprehensive Plan; and
b. Areas with at least twenty (20) contiguous acres. 
 
SECTION 4.That the Notes to Post Falls Municipal Code Section 18.20.040 is amended to read as follows:
 
18.20.040: OFFICIAL BULK AND PLACEMENT REGULATIONS TABLE:
 
Notes:
 
1.Definitions:
 
SF = Single-family dwelling unit. 
DPX = Duplex, two-family dwelling unit. 
TH =    Townhome. 
TWH = Twin home. 
Other MF = Other multi-family dwelling units of 3 or more units, including apartments, townhouses, condominiums, etc. 
IBC = International building code. 
 
2.All single-family dwellings, twin homes, townhomes, and duplexes in any residential district shall require a minimum of 1 covered car garage per dwelling. Townhomes that are processed under a site plan review may be excluded from this requirement, if a common parking structure is provided.
 
3.The front yard setback for garages is a minimum of twenty feet (20') measured from the front of the garage to the property line or the edge of the sidewalk nearest the structure if the sidewalk has been constructed outside of the right-of-way (in an easement), whichever is closer to the garage.
 
34.Twin home or townhome projects shall provide a minimum of a 5 foot interior side yard setback or utilize a common wall with a zero lot line.
 
45.Height limitations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above roof level and not intended for human occupancy; however, 35 feet in residential zones (except in R3 [other MF]), 45 feet in R3 (other MF) and in commercial zones, and 50 feet in industrial zones is the maximum height allowed without a special use permit; City utility and public service structures are exempt from height restrictions.
 
56.Current RMHP dimensions are for existing established residential mobile home parks, not for new or proposed parks.
 
67.Structures cannot be placed in public easements.
 
78.Heavy Industrial (HI) setbacks are for existing zones and uses only, not for new or proposed industrial uses.
 
89.Setbacks shall be measured from a property line to the foundation, face of a covered porch or stairway, or other weight bearing portion of the structure, whichever is closest to the property line.
 
910.Compliance with zoning setbacks and lot coverage shall not be required for fences, walls, signs or accessory structures not requiring a building permit.
 
1011.The lot width for a respective zone is the measurement considered for the front building line, including flag lots.
 
1112.Residential structures may extend an additional 5 feet beyond the minimum 15 foot front yard setback for those improvements, such as an open porch, canopies, balconies, platforms, covered patios and similar architectural projections attached to a structure, that do not restrict visibility between pedestrians along the adjacent sidewalk and vehicles accessing/leaving a residence.
 
1213.Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections attached to a structure shall not project into the required minimum side or rear yard setbacks. Roof overhangs may extend into the minimum side or rear yard setback, such as the conditions set forth within the International Building Code are met.
 
SECTION 5.That Post Falls Municipal Code Section 18.20.190 is amended to read as follows:
 
18.20.190: DEVELOPMENT AGREEMENTS:

The City requires a development agreement, pursuant to Idaho Code section 67-6511A, for all requests to zone property to the Technology, Community Commercial, or Residential Mixed Zones and in conjunction with all requests for annexation and zoning of property. Additionally, the City may require a development agreement as a condition of approving a rezone request. When required, the development agreement must be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone.
 
SECTION 6.That Post Falls Municipal Code Section 18.24.030 subsection A is amended to read as follows:
 
18.24.030: RESIDENTIAL PERFORMANCE STANDARDS:
 
A. Single-Family And Duplex Residential: Single-family and duplex residential development shall conform to the following standards:
 
1. Garages: All dwellings in any residential zone shall be required to have a garage per dwelling of sufficient size to accommodate at least one vehicle, measuring a minimum of ten feet (10') in width and twenty feet (20') in depth.
 
2. Accessory Structures: Accessory structures in any zone shall be set back behind the front of the residence. On a corner lot the accessory structure may be placed in front of the residence on the "street side yard".
 
23. Accessory Dwelling Units: Accessory dwelling units may be permitted as secondary dwellings to single-family homes subject to the following restrictions:
a. Only one accessory dwelling unit per lot.
b. One of the residences shall be owner occupied.
c. One additional off street parking space must be provided.
d. Building materials will be consistent with the primary residence.
e. No more than one entrance shall be visible from the street.
f. The accessory dwelling unit will not have a separate drive approach.
g. The accessory dwelling unit shall be no larger than forty percent (40%) of the living area of the primary residence, or no more than one thousand (1,000) square feet, whichever is greater.
h. An accessory dwelling unit shall have electricity, kitchen facilities, and sanitary facilities.
i. The applicant shall include a detailed site plan, drawn to scale, including the proposed accessory living unit, setback lines, ingress/egress routes.
j. An existing accessory building that is proposed to be converted to an accessory living unit shall meet the requirements of the building department.
 
SECTION 7.That Post Falls Municipal Code Section 18.24.030 subsection D is amended to read as follows:
 
18.24.030: RESIDENTIAL PERFORMANCE STANDARDS:
 
D. Multi-Family Performance Standards: Multi-family development (3 units or greater on a single lot) shall utilize the site plan review process, section 18.20.130 of this title, and shall conform to the following standards:
 
1. Equipment Screening:
 
a. Roof-mounted mechanical equipment such as air conditioning, elevator overruns, heating or ventilating units/ducting must be screened from a horizontal line of sight. Such screening must be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural “afterthought.” For flat roofs, an architecturally consistent screen enclosure behind a parapet wall may be used if it is made to appear as an integral part of the building.
 
b. The ground-mounting of mechanical equipment must be inset into the building facades and/or screened with landscaping or low walls.
 
2.    Solid Waste Screening: All outside storage areas and solid waste storage areas must meet the requirements of Municipal Code Section 18.24.040 of this title. shallbe enclosed on at least three (3) sides by a sight obscuring wall or fence six feet (6') in height or shall be stored within an enclosed building or structure. Adequate access must shall be provided for collection of solid waste.The zoning administrator may approve alternative methods of reducing the visual impact in lieu of screening if the proposed screening is at least as effective at screening the storage areas from view as the requirements of this section.
 
3.   When buildings are adjacent to a public street, the building entrances must be oriented to face the public street. The zoning administrator may grant deviations when the implementation of this criteria is practically implausible, the proposed deviation creates a better design for the community, or there has been a general attempt to meet this criterion.
 
4.   Private streets along perimeter property lines must include a minimum 10-foot wide landscape buffer to provide an attractive landscape feature as well as privacy between developments. This dimension may be reduced to six feet on sites less than two acres if the abutting use is single family, duplex, or twin home residential developments.
 
5.    Multi-family development with structures above 35 feet along the exterior of a development site adjacent to an R1, R1S, R2 and SC3 zoning district or within the RM zoning district and adjacent to a duplex, twin-home, or single family development lot; must either provide a buffer yard meeting the requirements for a Category B buffer under Section 18.24.080 (Table B) of this title or provide an additional one (1) foot of setback for each foot of additional height over 35 feet.
 
6.   Lighting must be provided to illuminate all parking lots and walking paths or sidewalks on the site.  Lighting must be installed in a manner that prevents light crossing property lines or creating glare for adjacent properties.  Free standing light poles cannot exceed twenty (20) feet in height. 
 
7.   At least 150 square feet of common open space must be provided for each one (1) bedroom unit and 300 square feet for each two (2) bedroom plus unit.  The open space must meet the following criteria:
 
For sites greater than two acres, the majority of required open space must be consolidated into a primary open space area.
 
Stormwater management areas and utility easements are generally excluded from the calculation of open space areas unless the primary use and design of the area is for recreational purposes and the use of the area for stormwater management or utilities does not impair the use of the area for its designed recreational use.
 
Required buffer yards are not counted towards the required percentage of open space.
 
The required open space must contain at least two of the following amenities that are accessible for use by the residents and should be centrally located:
 
Play structure;
Community garden;
Picnic tables and BBQ areas. Providing a gazebo or other permanently affixed shade structures nearby counts as two (2) amenities;
Swimming pool;
Indoor recreation facility;
Sports courts (e.g., tennis, basketball, volleyball);
Internal courtyards;
Connected internal trail/sidewalk system. (when possible, connect to nearby parks, trails, or other public amenities.)
Natural open space area with benches/viewing areas and/or trails;
Other active or passive recreation areas as approved by the Community Development Director that meets the intent of this requirement.
 
Density Bonus – For each additional amenity provided beyond the two (2)required amenities, a 10% density increase, in excess of the maximum allowed density, is available up to a maximum of three (3) bonuses. 
 
8.     The required open space may be reduced by up to 30% if the project provides indoor recreation areas fitted with game equipment, work-out equipment, sport court facilities, swimming pools, plant greenhouses, wood shop, or other designated project or game equipment.  The indoor facility must meet the following criteria:
 
a.   The minimum area of any single space must be at least 350 square feet, with no dimension being less than 17 feet.
 
b.   Interior common space must be at least 10 feet in floor to ceiling height; glazed window and skylight areas must be provided in the proportion of 1 square foot of window/skylight for each 4 square feet of the floor area of the common space.
 
c.   The space must be accessible from a common lobby, courtyard or exterior common open space.
 
d.   Office/managerial areas are excluded from the calculation.
 
2. Parking Lot Lighting: Lighting shall be provided for all parking lots for multi-family sites. Lighting shall be installed in a manner that prevents glare on adjoining lands.
 
3. Outside Storage And Screening: Outside storage areas must be screened from public view by sight obscuring fences, walls, berms, or a combination of these, as approved by the zoning administrator. The zoning administrator may approve alternative methods of reducing the visual impact in lieu of screening, or waive the requirements if visual impact is not an issue.
 
4. Landscaping: Landscaping shall be provided in accordance with section 18.24.080 of this chapter.
 
SECTION 8.That Post Falls Municipal Code Section is amended to add a new Section 18.24.035 entitled Vertical Mixed-Use Performance Standards as follows:
 
18.24.035: VERTICAL MIXED-USE PERFORMANCE STANDARDS:
 
Vertical Mixed-Use Performance Standards: Structures that incorporate a minimum of 2 separate uses (such as a mix of office, retail, residential, entertainment, cultural, recreation, etc.) within the structure must meet the following performance standards.  Parking areas are not considered a separate use for purposes of establishing a mixed-use structure.
 
1. Parking on the ground floor of a mixed-use structure may not be placed within the mixed-use structure’s frontage on a street.  Commercial, office and other non-residential uses must make up seventy (70%) of the mixed-use structure’s street frontage with residential uses not exceeding thirty percent (30%) of the street frontage.   
 
2. In order to diminish the visual impact of parking areas and to enhance the pedestrian experience:
 
Surface parking lots must be located behind buildings to the greatest extent possible. If necessary, parking lots may be located to the side of the building.  Surface parking lots cannot be located between the public street and the building or at intersection corners.
 
Sharing surface parking lots, between surrounding businesses or day and night uses is encouraged. Angled, perpendicular, or parallel parking within the public rights-of-way adjacent to mixed-use building is also encouraged.
 
3. In order to reduce the visual impact of surface parking lots:
 
Parking lots that abut a public street must be screened with a continuous screen that is at least 2 feet in height and no more than 3 feet in height. The screen may be one or a combination of the following treatments:
 
Landscape plantings consisting of evergreen shrubs and groundcover materials.
 
Low walls made of concrete, masonry, or other similar material.
 
Continuous raised planters planted with evergreen shrubs.
 
Use of Railings:  In the event that there is insufficient space to allow the use of    evergreen plant material or low walls to screen parking areas, a railing with articulation of detail may be used.
 
Walls and raised planters cannot exceed a maximum height of 3 feet, unless all the following conditions have been met:
 
The screen treatment does not create a safety hazard.
 
The portion of treatment that is above 3 feet in height is a minimum of 75% transparent (i.e. see-through metal railing, trellis, or other similar treatment).
 
The portion of wall/landscape treatment that is above 3 feet in height provides added visual interest, detail, and character suitable to the character of the development.
 
Chain link fencing is not be permitted to be used to screen or enclose parking along a public sidewalk.
 
4. Vehicular drives cannot be located between the building entrance and the street.
 
5. The ground floor of a mixed-use building must have a minimum floor to ceiling height of eleven (11’) feet.
 
6. Buildings greater than thirty-five feet (35’) in height that abut a residential zoning district must provide an additional one (1) foot of setback for each foot of additional height over 35 feet.
 
7. Awnings arcades, and galleries may encroach the sidewalk to within two (2’) feet of the curb but must clear the sidewalk vertically by at least eight (8’) feet.
 
8. A minimum of sixty-five (65%) percent of the street facing building façade for non-residential uses between two (2’) feet and eight (8’) feet in height must be comprised of clear windows that allows views of indoor space or product display areas.
 
9. All uses within the ground floor must have a primary entrance door facing a public sidewalk. Entrances at building corners may be uses to satisfy this requirement.
 
SECTION 9.That Post Falls Municipal Code Section 18.20.030 is repealed, and a new Section 18.20.030 is enacted to read as follows:
 
 
18.20.030: LAND USE TABLE:
 
       
 
Permitted use 
Special use 
Nonpermitted use 
 
Land Use Category
Zoning Classifications

LBCS Code
R1S
R1
R2
R3
LC
CCS
I
TM
CCM
RM
Residential uses:
Private household
P
P
P
P
-
-
-
-
-
P
1101
Duplex, 2 units per structure
-
-
P
P
S
S
-
-
-
P
1102
Twinhome
-
S
P
P
S
S
-
-
-
P
Townhome, 6 or less units per structure
-
S
S
P
S
S
-
P
P
P
Multi-family, 3 or more units per structure
-
-
P
P
S
S
-
P
P
P
1103
Accessory dwelling unit
P
P
P
P
P
-
-
-
-
P
Accessory residential support use (i.e., garage, shed, pool, greenhouse)
P
P
P
P
P
-
-
-
P
P
1199
Single-family incidental to a commercial/industrial use
-
-
-
-
P
P
P
P
P
P
Single-family incidental to a religious use
P
P
P
P
P
P
P
-
-
P
Home occupation
P
P
P
P
P
P
-
-
-
P
Accommodations and group living:
Congregate living, group homes
-
P
P
P
S
S
-
P
P
P
1220
Nursing homes
-
S
S
S
P
P
S
S
P
P
1230
Residential care facilities
S
S
S
S
P
P
S
S
P
P
1230
Bed and breakfast inn
S
S
S
S
P
-
-
-
P
S
1310
Rooming and boarding house
-
-
-
-
P
P
-
S
P
S
1320
Hotel, motel, or tourist court
-
-
-
-
S
P
P
P
P
-
1330
General sales or services:
Retail store
-
-
-
-
P
P
P
P
P
P
2102
Postal services and packaging
-
-
-
-
P
P
P
P
P
P
Photo processing
-
-
-
-
P
P
P
P
P
P
Outdoor vendor spaces/farmers' market or stands
-
-
-
-
P
P
S
P
P
P
Neighborhood shopping center
-
-
-
-
P
P
P
P
P
P
2106
Destination shopping center
-
-
-
-
-
P
P
-
P
-
2107
Automobile/light truck/RV dealership
-
-
-
-
-
P
P
-
P
-
2111
Mobile home/manufactured housing dealership
-
-
-
-
-
P
P
-
P
-
2112
Motorcycle/ATV dealer
-
-
-
-
-
P
P
-
P
-
2113
Boat/marine craft dealer
-
-
-
-
-
P
P
-
P
-
2114
Auto service station (full service with garage bays)
-
-
-
-
-
P
P
P
P
-
2116
Car lot/used car dealership
-
-
-
-
-
P
P
-
-
-
2118
Furniture/home furnishings center
-
-
-
-
S
P
P
S
P
-
2121
Hardware/home improvement center
-
-
-
-
S
P
P
S
P
P
2122
Lawn and garden supplies/feed store
-
-
-
-
S
P
P
S
P
P
2123
Department store/warehouse club/superstore/big box
-
-
-
-
-
P
P
-
P
-
2124
Lumberyard/building materials store
-
-
-
-
-
P
P
-
P
-
2126
Discount store
-
-
-
-
S
P
P
-
P
P
2128
Durable consumer goods sales and service
-
-
-
-
S
P
P
P
P
P
2130
Grocery store/supermarket greater than 17,500 sq. ft
-
-
-
-
S
P
P
P
P
-
2151
Grocery store/supermarket less than 17,500 sq. ft
-
-
-
-
P
P
P
P
P
P
2151
Convenience store
-
-
-
-
P
P
P
P
P
P
2152
Convenience store with gas
-
-
-
-
S
P
P
P
P
-
Specialty food/health food store
-
-
-
-
P
P
P
P
P
P
2153
Pharmacy/drugstore
-
-
-
-
P
P
P
P
P
-
2170
Auto supply stores
-
-
-
-
P
P
P
P
P
-
Automotive repair services
-
-
-
-
-
P
P
P
P
-
Automatic car wash
-
-
-
-
S
P
P
P
P
-
2171
Self-service car wash
-
-
-
-
P
P
P
-
P
-
2172
Automobile or marine service center
-
-
-
-
-
S
P
-
S
-
2174
Heavy equipment repair
-
-
-
-
-
S
P
-
-
-
Service garage/paint shop/detailing
-
-
-
-
-
S
P
P
S
-
2175
Quick lube job
-
-
-
-
S
P
P
P
P
-
2176
Bank/savings institution
-
-
-
-
P
P
P
P
P
-
2210
Branch bank (drive-up facility)
-
-
-
-
P
P
P
P
P
-
2211
Bank ATM kiosk or remote facility
-
-
-
-
P
P
P
P
P
P
2212
Car rental agency
-
-
-
-
-
P
P
P
P
-
2331
Tractor/heavy trucks/trailer, dealership/leasing
-
-
-
-
-
S
P
-
-
-
2332
Recreational or consumer goods rental
-
-
-
-
S
P
P
P
P
P
2333
Leasing commercial/industrial machinery and equipment
-
-
-
-
-
S
P
-
-
-
2334
Building, developing, and general contracting services
-
-
-
-
S
P
P
-
-
-
7100
Professional, scientific, and technical services
General office buildings (1 _ 4 stories)
-
-
-
-
P
P
P
P
P
S
2401
General office buildings (5+ stories)
-
-
-
-
S
P
P
P
P
-
2402
Research and Development
-
-
-
-
S
S
P
P
P
-
2416
Veterinary office
-
-
-
-
P
P
P
S
P
P
2418
Full service restaurant
-
-
-
-
P
P
P
P
P
P
2510
Cafeteria/limited service restaurant/delicatessens
-
-
-
-
P
P
P
P
P
P
2520
Drive-in restaurant
-
-
-
-
P
P
P
P
P
-
2521
Fast food restaurant
-
-
-
-
P
P
P
P
P
-
2522
Snack/nonalcoholic bar
-
-
-
-
P
P
P
P
P
P
2530
Bar/tavern/lounge
-
-
-
-
S
P
P
P
P
S
2540
Nightclub/dinner theater
-
-
-
-
S
P
P
-
P
-
2541
Parking lot (uncovered)
-
-
-
-
P
P
P
P
P
P
2650
Parking garage (covered)
-
-
-
-
S
P
P
P
P
S
2660
Municipal animal shelter/pound
-
-
-
-
-
P
P
-
P
-
2721
Kennel/boarding services/dog daycare
-
-
-
-
S
P
P
S
P
-
2722
Retail/office/residential combination (minimum 2 separate uses per structure)
-
-
-
-
P
P
S
P
P
P
2800
Industrial and manufacturing uses:
Asphalt plant/storage
-
-
-
-
-
-
S
-
-
-
Blast furnace and smelting
-
-
-
-
-
-
S
-
-
-
Manufacture or storage of explosives
-
-
-
-
-
-
S
-
-
-
Food and beverage mfg.
-
-
-
-
-
S
P
S
S
-
3110
Meat products mfg.
-
-
-
-
-
-
P
-
-
-
3111
Dairy products mfg.
-
-
-
-
-
-
P
-
-
-
3112
Grain milling products mfg.
-
-
-
-
-
-
P
-
-
-
3113
Bakery products mfg.
-
-
-
-
-
P
P
-
P
-
3114
Beverage products mfg.
-
-
-
-
-
S
P
S
P
-
3115
Tobacco products mfg.
-
-
-
-
-
S
P
-
-
-
3120
Textiles (mill products)
-
-
-
-
-
S
P
-
S
-
3130
Clothing mfg.
-
-
-
-
-
S
P
S
S
-
3131
Leather and allied products mfg.
-
-
-
-
-
S
P
S
S
-
3140
Wood products mfg., except lumber mills
-
-
-
-
-
S
P
-
S
-
3210
Sawmill
-
-
-
-
-
-
S
-
-
-
3215
Millwork/veneer/plywood mfg.
-
-
-
-
-
S
S
-
-
-
3216
Paper manufacturing
-
-
-
-
-
-
S
-
-
-
3221
Paperboard/cardboard/box mfg.
-
-
-
-
-
S
S
-
S
-
3222
Furniture and related products mfg.
-
-
-
-
-
S
P
-
S
-
3230
Petroleum refining
-
-
-
-
-
-
-
-
-
-
3311
Paving and roofing materials mfg.
-
-
-
-
-
S
P
-
-
-
3312
Rubber products mfg.
-
-
-
-
-
S
P
-
-
-
3321
Paint/varnish/lacquer mfg.
-
-
-
-
-
-
P
-
-
-
3322
Drug/pharmaceutical mfg.
-
-
-
-
-
S
P
P
S
-
3323
Plastic mfg.
-
-
-
-
-
S
P
-
-
-
3324
Industrial chemical mfg.
-
-
-
-
-
-
S
-
-
-
3325
Flat glass mfg.
-
-
-
-
-
S
P
-
-
-
3331
Glass/glassware products mfg.
-
-
-
-
-
P
P
S
-
-
3332
Cement mfg.
-
-
-
-
-
-
P
-
-
-
3333
Gypsum/plaster/concrete products mfg.
-
-
-
-
-
-
S
-
-
-
3334
Cut stone and stone products mfg.
-
-
-
-
-
-
P
-
-
-
3335
Primary metal mfg.
-
-
-
-
-
-
P
-
-
-
3340
Steel and iron foundries
-
-
-
-
-
-
S
-
-
-
3341
Steel fabrication
-
-
-
-
-
-
S
-
-
-
3342
Machinery mfg.
-
-
-
-
-
-
S
-
-
-
3350
Automobile/truck manufacturing
-
-
-
-
-
-
P
-
-
-
3351
Aircraft manufacturing
-
-
-
-
-
-
P
P
-
-
3352
Instrument/high-technology manufacturing
-
-
-
-
-
-
P
P
S
-
3353
Electrical equipment/appliance/components mfg.
-
-
-
-
-
P
P
P
P
-
3360
Heavy transportation equipment mfg. (railroad/pipeline)
-
-
-
-
-
S
P
-
-
-
3370
Miscellaneous manufacturing
-
-
-
-
-
-
P
S
S
-
3400
Salvage yard/recycle center
-
-
-
-
-
S
S
-
-
-
3519
Warehouse and storage uses:
Mini-storage warehouse/self-storage
-
-
-
-
S
P
P
-
S
-
2321
Construction equipment storage facility
-
-
-
-
-
S
P
-
S
-
Automotive impound yards
-
-
-
-
-
S
P
-
-
-
Warehouse distribution/storage facility
-
-
-
-
-
S
P
S
S
-
3610
Warehouse-retail combination
-
-
-
-
-
S
P
P
S
-
3630
Warehouse-office combination
-
-
-
-
-
S
P
P
S
-
3640
Cold storage warehouse
-
-
-
-
-
S
P
-
S
-
3660
Transit warehouse/truck terminal
-
-
-
-
-
S
P
-
S
-
3670
Transportation uses:
Air transportation
-
-
-
-
-
S
S
-
-
-
4110
Air freight transportation
-
-
-
-
-
S
S
-
-
-
4112
Airport support establishment
-
-
-
-
-
S
P
-
-
-
4113
Other air transportation (including scenic, balloon, etc.)
-
-
-
-
-
S
P
-
-
-
4115
Rail transportation stations/transit stops
-
-
-
-
-
S
P
S
S
S
4120
Local transit center-bus, special needs, and other motor vehicles stations
S
S
S
S
P
P
P
P
P
P
4133
Interurban, charter bus, and other similar establishments/transit stations
-
-
-
-
P
P
P
P
P
-
Special purpose transit transportation (including scenic, sightseeing, etc.)
-
-
-
-
S
P
P
S
P
-
4136
Taxi and limousine service staging facility
-
-
-
-
S
P
P
-
S
-
4137
Towing and other road and ground services staging facility
-
-
-
-
S
P
P
-
S
-
4138
Truck and freight transportation services
-
-
-
-
-
-
P
S
-
-
4140
Courier and messenger services
-
-
-
-
-
P
P
P
P
-
4160
Communication uses: