9-4-2-3: DEVELOPMENT STANDARDS:
   A.   Lot Areas: Every dwelling erected shall be on a lot having an area of not less than five thousand (5,000) square feet and frontage on a public street of not less than thirty seven and one-half feet (37.5') and shall have a width of not less than thirty seven and one-half feet (37.5') at the front building line. Lots with frontage on a cul-de-sac shall have a minimum frontage on a public road of not less than thirty feet (30').
Additional units may be developed as follows:
   AREA INCREASES PER UNIT
Units
Lot Size
Road Frontage
Units
Lot Size
Road Frontage
Permitted use:
 
 
 
   An additional 1,775 square feet of area, and an additional 12.5 feet, but no more than 130 feet of frontage
2
6,775
50
3
8,550
62.5
4
10,325
75
5
12,100
87.5
6
13,875
100
7
15,650
112.5
Conditional use:
 
 
 
8
17,425
125
9
19,200
130
10
20,975
130
11+
+1,000 each unit
130
 
   B.   Setbacks:
      1.   Purpose: The setback regulations for buildings and garage entrances serve several purposes:
         a.   They maintain light, air, separation for fire protection, and access for firefighting;
         b.   They reflect the general building scale and placement of houses;
         c.   They promote a reasonable physical relationship between residences;
         d.   They promote options for privacy for neighboring properties;
         e.   They require larger front setbacks than side and rear setbacks to promote open, visually pleasing front yards;
         f.   They provide adequate flexibility to site a building so that it may be compatible with the neighborhood, fit the topography of the site, allow for required outdoor areas, and allow for architectural diversity; and
         g.   They provide room for a car to park in front of a garage door without overhanging the street or sidewalk, and they enhance driver visibility when backing onto the street.
      2.   Front Yard Limits: Each lot shall have a front yard of not less than fifteen feet (15') in depth from front lot line unless provided for elsewhere in this code.
      3.   Side Yard:
         a.   On interior lots there shall be a side yard on each side of the outer walls of any building constructed thereon of not less than five feet (5').
         b.   Buildings erected upon corner lots need only comply with the front yard requirement with regard to their primary facade, which is designated as having the primary entrance. A side yard setback is required for secondary frontages on corner lots. Flanking street setbacks may be reduced from fifteen feet (15') to ten feet (10') but shall include design features such as projections, recessions, windows or other architectural treatment to prevent a blank wall appearance.
      4.   Rear Yard: Each lot upon which a dwelling is constructed shall have a rear yard of not less than fifteen feet (15').
      5.   Garage And Parking Entrance Setback: To avoid vehicles parking on the sidewalk, no street facing garage shall be constructed within twenty five feet (25') of a property line having frontage along a public street. Any uncovered off street parking developed within the front yard setback shall have a minimum depth of twenty five feet (25').
      6.   Riparian And Shoreline Setback:
         a.   Purpose: The purpose of this subsection B6 is to protect scenic and recreational resources, water quality and natural shoreline habitat. In addition, shoreline setbacks and buffers help avoid damage to development from erosion and flooding.
The waterfront building setback for new development and redevelopment (tear downs) along waterfront properties within the city of Sandpoint shall be a minimum of forty feet (40') from the artificial high water mark. For purposes of this subsection B6, artificial high water marks shall be considered according to the North American vertical datum of 1988 (NAVD88).
New development adhering to the forty foot (40') setback and/or reconstruction that involves issuance of a building permit for greater than twenty five thousand dollars ($25,000.00) of improvements, shall be required to plant fifty percent (50%) of the area in the minimum twenty five foot (25') building setback with native vegetation comprised of a mixture of grasses and shrubs. For the purpose of this subsection B6, building permit valuation shall be a cumulative aggregate from the date of the adoption hereof forward.
The city shall assist the applicant in determining appropriate native vegetation required, and will coordinate with the applicant on the planting success the following year.
The building setback can be reduced to twenty five feet (25') if the setback area is revegetated with primarily native vegetation. Establishment of a tree canopy is encouraged. No constructed structures other than those required for waterfront access/docks are allowed within the twenty five foot (25') setback. The applicant shall record on the title documentation from the city of Sandpoint confirming that the structure has been built under the flexible setback option and as such, the structure is conforming and the area within the twenty five foot (25') lakefront setback is to remain planted primarily with native vegetation (as described above).
A variance may be sought for those projects or activities for which it can be demonstrated that strict compliance would result in a practical difficulty. City owned property shall be exempt from the required standards.
         b.   Shoreline Setback Exceptions: Placement of constructed trams, rails, uncovered steps, stairs or walkways, any of which shall be five feet (5') or less in width and installed to provide access to the shoreline, are permitted within the shoreline setback. Such structures shall not be constructed in a manner that is parallel to the shoreline that would create a boardwalk along the waterfront (except where steep slopes require switchback designs).
      7.   Exceptions To The Required Setbacks: Certain parts of structures may be allowed to encroach into the required setbacks as described herein. Setbacks are modified further for attached housing, cottage housing and substandard lots.
      8.   Maximum Encroachment: No part of any structure shall encroach within ten feet (10') of the front property line, three feet (3') of the side property line(s) and five feet (5') of the rear property line.
      9.   General Exceptions: The following shall be permitted to encroach up to the maximum encroachment:
         a.   Established Building Lines: Sites with legally existing nonconforming development in a required setback are eligible for a onetime reduction to the required setbacks. The building line created by the nonconforming wall serves as the reduced setback line. At a maximum, the nonconforming wall may be doubled in length, e.g., a two foot (2') long wall within the side yard setback may be lengthened to four feet (4') total. The vertical height of the wall shall not be increased, e.g., a second story cannot be placed up to the reduced setback line if the existing nonconforming wall is only one story high.
         b.   Minor Features: Minor features of a building such as eaves, chimneys, water collection cisterns and planters, bay windows, and uncovered balconies, may extend into the required setback. Bays and bay windows encroaching into the setback also must meet the following requirements: 1) each bay and bay window may be up to twelve feet (12') long, but the total area of all bays and bay windows on a building facade cannot be more than thirty percent (30%) of the linear total of the facade; 2) bays and bay windows must cantilever beyond the foundation of the building; and 3) the bay may not include any doors.
      10.   Specific Exceptions: The following shall be permitted to encroach up to the maximum encroachment and any structure shall be limited to fifteen feet (15') in height above grade for that portion encroaching into the setback area:
         a.   Adjacent Structures: Where both adjacent lots on the primary frontage are developed with structures and both adjacent structures have front yard setbacks less than the minimum, the subject lot may build within the front setback to the maximum encroachment.
         b.   Porches: Unenclosed front porches may encroach into the front yard setback up to the maximum encroachment.
         c.   Garages: Garages shall not be permitted to encroach on the front yard setback but may be used in calculating adjacent structure setbacks as described above. Detached garages may encroach on side and rear setbacks up to the maximum encroachment. Detached garages are subject to additional requirements.
   C.   Lot Coverage:
      1.   Purpose: The building coverage standards, together with the height and setback standards control the overall bulk of structures. They are intended to assure that taller buildings will not have such a large footprint that their total bulk will overwhelm adjacent houses. Additionally, the standards help define the character of the different zones by limiting the amount of buildings allowed on a site.
      2.   Building Footprint: Each lot upon which a dwelling, private garage or other outbuilding is constructed shall have a maximum forty percent (40%) building footprint and a maximum forty percent (40%) impervious surface.
   D.   Building Height: No structure shall exceed a building height of forty feet (40') above the average elevation of the finished grade at the front of the building.
      1.   Exceptions To The Maximum Height:
         a.   Chimneys, flagpoles, satellite receiving dishes, roof mounted solar panels and other similar items may extend above the height limit, as long as they do not exceed five feet (5') above the top of the highest point of the roof.
         b.   Utility power poles, and public safety facilities are exempt from the height limit.
   E.   Garages:
      1.   Purpose: Together with the main entrance and street facing facade standards, these standards ensure that there is a physical and visual connection between the living area of the residence and the street. Additionally these standards:
         a.   Ensure that the location and amount of the living area of the residence, as seen from the street, is more prominent than the garage;
         b.   Prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance;
         c.   Provide for a more pleasant pedestrian environment by preventing garages and vehicle areas from dominating the views of the neighborhood from the sidewalk; and
         d.   Enhance public safety by discouraging garages from blocking views of the street from inside the residence.
      2.   Where These Standards Apply: The regulations of this subsection E apply to all attached or detached garages in the residential multi-family zone. On corner lots, only one street facing garage wall must meet the standards of this subsection E.
      3.   The Standard:
         a.   Dimensions:
            (1)   The length of the garage wall facing the street may be up to fifty percent (50%) of the length of the street facing unit facade (see figure 1 of this section). Garage walls with a depth of not more than fifty feet (50') in length shall include architectural detail to break up and limit the massive appearance.
   Figure 1
 
            (2)   Garages shall be recessed, or may be flush to the primary facade when the primary facade contains an unenclosed porch having a depth of seven feet (7') or greater and occupying a minimum of twenty five percent (25%) of the linear primary structure facade.
            (3)   Garages facing the street having building walls greater than twelve feet (12') in height or facade walls greater than twenty four feet (24') in length shall include architectural detail to break up and limit the massive appearance of the wall. Doing so requires utilizing at least two (2) of the following architectural features on street facade:
               (A)   Dormers;
               (B)   Gables;
               (C)   Covered porch entries;
               (D)   Pillars or posts;
               (E)   Eaves;
               (F)   Offsets in building face or roof (minimum of 16 inches);
               (G)   Window trim;
               (H)   Bay windows;
               (I)   Balconies;
               (J)   An alternative feature providing for visual relief, similar to subsections E3a(3)(A) through E3a(3)(I) of this section.
         b.   Side And Rear Setbacks: In the residential multi-family zone, detached garages are allowed in the side and rear building setbacks if all of the following are met:
            (1)   The garage is set back at least twenty five feet (25') from a front lot line, and if on a corner or alley accessible lot, it may be constructed one foot (1') from a flanking street or alley lot line;
            (2)   Dormers are set back at least five feet (5') from the side and rear lot lines.
            (3)   Second floor windows facing abutting lots utilize appropriate material (glass block or opaque glass) to maintain privacy of adjacent property.
            (4)   Maintenance easements are provided by adjacent property owner when utilizing less than a two foot (2') setback from adjacent property line.
            (5)   Snow drop and stormwater runoff from the structure are contained on site.
         c.   Existing Detached Garages:
            (1)   Change Of Use: In the residential multi-family zone, a detached garage that is in the side or rear setback may be converted to another type of detached covered accessory structure so long as it is compliant with regulations specified in section 9-1-8 or 9-1-5 of this title. Second floor windows facing abutting lots utilize appropriate material (glass block or opaque glass) to maintain privacy of adjacent property.
            (2)   Rebuilding: A detached garage that is nonconforming due to its location in a setback, may be rebuilt on the footprint of the existing foundation, if the garage was originally constructed legally. Where the structure facade faces a street, garages utilizing this provision shall be designed and reconstructed in a manner to prevent a blank wall appearance through the utilization of projections, recessions, windows or other architectural treatment.
            (3)   Additions: An addition may be made to a detached garage that is nonconforming due to its location in a setback as follows:
               (A)   The expanded garage complies with all other standards of this section.
   F.   Main Entrances:
      1.   Purpose: These standards:
         a.   Together with the street facing facade and garage standards, ensure that there is a physical and visual connection between the living area of the residence and the street;
         b.   Enhance public safety for residents and visitors and provide opportunities for community interaction;
         c.   Ensure that the pedestrian entrance is visible or clearly identifiable from the street by its orientation or articulation; and
         d.   Ensure that pedestrians can easily find the main entrance, and so establish how to enter the residence.
         e.   Ensure a connection to the public realm for development on lots fronting both private and public streets by making the pedestrian entrance visible or clearly identifiable from the public street.
      2.   Where These Standards Apply:
         a.   The standards of this subsection F apply to houses, attached houses, and manufactured homes, in the residential multi-family zone;
         b.   Where a proposal is for an alteration or addition to existing development, the standards of this subsection F apply only to the portion being altered or added;
         c.   On sites with frontage on both a private street and a public street, the standards apply to the site frontage on the public street. On all other sites with more than one street frontage, the applicant may choose on which frontage to meet the standards.
      3.   The Standard:
         a.   Location: At least one main entrance for each structure must:
            (1)   Either:
               (A)   Face the street. Be at an angle of up to forty five degrees (45°) from the street; or
               (B)   Open onto a porch. See figure 2 of this section. The porch must be a covered unenclosed porch with a minimum of twenty five (25) square feet in area.
   Figure 2
 
 
   G.   Street Facing Facades:
      1.   Purpose: This standard:
         a.   Together with the main entrance and garage standards, ensures that there is a visual connection between the living area of the residence and the street;
         b.   Enhances public safety by allowing people to survey their neighborhood from inside their residences; and
         c.   Provides a more pleasant pedestrian environment by preventing large expanses of blank facades along streets.
      2.   Where This Standard Applies: The standard of this subsection G applies to houses, attached homes, and manufactured homes in the residential multi-family zone. Where a proposal is for an alteration or addition to existing development, the applicant may choose to apply the standard either to the portion being altered or added, or to the entire street facing facade. PUDs that received preliminary plan approval prior to the adoption of this section are exempt from this standard.
      3.   The Standard: At least fifteen percent (15%) of the square footage area of each facade that faces a street lot line must be windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block does not meet this standard. Windows in garage doors do not count toward meeting this standard, but windows in garage walls do count toward meeting this standard. To count toward meeting this standard, a door must be at the main entrance and facing a street lot line.
   H.   Additional Standards Applicable To Multi-Family Development:
      1.   Purpose And Intent: The following design standards were established to improve the appearance, quality, and functions of multi-family housing. The standards herein apply to the development of multi-family housing in the "RM" zone of four (4) or more units including, but not limited to, apartments and condominiums.
      2.   Conflicting Standards: In the event that other standards of this title conflict with standards in this provision, the standards within this provision shall prevail.
      3.   Building Mechanicals, Service Elements, And Resident Amenities:
         a.   Service areas, utility meters, and building mechanicals shall not be located on the street side of the building, nor on a side wall closer than ten feet (10') to the street side of the building. Screening of meters and mechanicals is required, regardless of location. Mailboxes are permitted within ten feet (10') of the front of the building if not visible from the street.
         b.   Trash and recycling containers, including cans and dumpsters, shall be screened so as not to be visible from the street or from neighboring properties. Screening shall be one foot (1') higher than the container but not higher than six feet (6'), however roofed enclosures may exceed this limit.
         c.   Bike racks shall be provided and shall include space for at least two (2) bikes per unit.
         d.   Bike racks shall be located near building entries, shall not interfere with pedestrian circulation, and shall be well lit.
      4.   Pedestrian Circulation:
         a.   There shall be a hard surfaced (e.g., pavement, pavers, concrete) pedestrian route from the sidewalk or street to the main building entrance and from the parking area to the nearest building entrance. Buildings with more than one entrance shall provide a designated pedestrian route between those entrances (e.g., from front to back).
      5.   Landscaping, Open Space, And Plantings:
         a.   All portions of the site not covered by buildings, paving material, or other planned approved surfaces shall be considered "landscaped area" and shall be planted with living plant materials and/or mulches. Overall site landscaping shall include not less than:
            (1)   One front yard shade tree with a caliper no smaller than two inches (2") dbh per twenty five (25) linear feet of lot frontage.
            (2)   One tree with a caliper no smaller than two inches (2") and ten (10) shrubs per six hundred (600) square feet of landscaped area.
         b.   Existing healthy trees shall be preserved to the greatest extent practicable; however, invasive or nuisance trees shall be removed. Existing damaged, decayed, or diseased trees should be removed to protect remaining trees. Construction near existing trees should follow best management practices to ensure their survival.
         c.   Landscaping should reinforce pedestrian circulation routes and obstruct undesired routes of convenience. Bushes, trees, rocks, and other landscape features should be used to indicate where pedestrians should and should not travel. Native and low water demand plantings are encouraged.
         d.   Outdoor seating including elements such as a bench or chair shall be provided at the ratio of one seating area per three (3) units which are to be incorporated into or adjacent to usable open space.
         e.   One functional outdoor open space with a minimum dimension of five hundred (500) square feet shall be provided per five (5) units.
      6.   Neighborhood Scale: The scale of those buildings developed within an existing neighborhood shall conform to the established scale. Appropriate scale multi-family development shall be achieved through the adherence of the following:
         a.   The overall height of the multi-family structure shall relate to that of adjacent structures by avoiding construction that varies greatly in height from adjacent buildings. New multi- family structures shall graduate their maximum height based on adjacent structures using stepped roofs and/or partial stories. For example, the portion of a multi-family structure constructed adjacent to a single story structure is limited to one and a half stories, and if constructed adjacent to a one and one-half (11/2) story structure, the adjacent facade would be limited to two (2) stories.
         b.   Multi-family structures shall utilize a variety of building forms and roof shapes rather than boxlike forms with large, unvaried roofs. The building design shall provide manipulations to create clusters of units and variations of height, setback and roof shape.
      7.   Building Entrances:
         a.   The primary entrance to the building shall be on the front elevation and shall face the street.
         b.   Building entrances shall be emphasized through projecting or recessing forms, detail, color, or materials.
         c.   A covering over the main entrance shall extend at least four feet (4') from the main door. Entrance features may encroach into the front yard setback a maximum of four feet (4').
      8.   Facade And Articulation:
         a.   Buildings shall be divided into modules by using articulation or modulation at least every thirty (30) linear feet. Buildings shall use a common, unifying design theme throughout the project but not repeat the same pattern of architectural elements for more than four (4) consecutive modules. The use of at least one of the following techniques is required:
            (1)   Step the front facade building wall back or forward at least four feet (4') and change the roof shape or step the ridgeline to correspond to the wall change.
            (2)   Change several of the architectural elements for the width of the module, such as primary siding material, decks, windows, and entry designs.
            (3)   Break up the roofline and wall heights by use of dormers, gables, and similar variations. When flat roofs are used, add architectural detail such as cornice or fascia and modulation to reduce the perceived mass of the walls.
         b.   Buildings shall incorporate architectural details that will provide visual interest at a human scale. At least three (3) of the following shall be utilized:
            (1)   A one-story porch at entrances.
            (2)   Decorative details such as columns, bay windows, dormers, multi-lite windows, trim, or moldings to articulate the building facade.
            (3)   Roof details like brackets, wide (12 inches or more) cornices and wide (16 inches or more) overhangs.
            (4)   Materials and/or color variations that coordinate with changes in the building modules and differentiate ground floors from upper floors.
         c.   Architectural treatment, similar to that provided to the front facade shall be provided to the sides and rear of the building to mitigate any negative view from any location off site and any public area (e.g., parking lots, walkways, etc.) on site.
         d.   The total area of windows and doors on the street facing facade, including trim, shall not be less than twenty percent (20%) of the total area of the facade, excluding gables. The first floor facade shall include windows to provide visual interest and visual connection to the street.
      9.   Parking: All parking areas shall be compliant with chapter 5 of this title. In addition, parking areas shall be designed to avoid their dominance of the streetscape. Parking shall be provided at the rear or side of the site to allow a majority of the dwelling units to "front on" the street.
         a.   Parking areas shall be separated from primary buildings by a landscaped buffer of at least fifteen feet (15') in width.
      10.   Walls And Fences:
         a.   Walls and fences exceeding fifty feet (50') in length shall provide variety and articulation at intervals not exceeding twenty five feet (25') through at least one of the following methods:
            (1)   Expression of structure, such as post, column, or pilaster.
            (2)   Variation of material.
         b.   Chainlink fencing is prohibited except in circumstances where fencing is provided for recreational courts (basketball, etc.).
      11.   Design Standard Waivers: An applicant may request a waiver from one or more of the standards listed above. All requests for waivers shall be heard and decided by the planning commission or such design review subcommittee as may be created for such purpose. A waiver shall not be considered a right or special privilege but may be granted to an applicant that can meet the following findings:
         a.   That the granting of the waiver will not be in conflict with the intent of the multi-family design standards, shall not negatively impact the existing neighborhood and shall enhance the overall design quality of the project;
         b.   That there is an exceptional circumstance relating to the design or configuration of the property, which is not generally applicable to other properties or otherwise anticipated by the standards in the district.
         c.   The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property, improvements or the quiet enjoyment of the surrounding properties and neighborhood.
         d.   The granting of such relief will not be in conflict with the goals and policies of the comprehensive plan. (Ord. 1263, 12-29-2011)