11-3-10: DWELLING GROUPS:

When authorized as a use in the zoning district in which it is proposed to be located, a dwelling group may be developed subject to the issuance of a conditional use permit in accordance with the provisions of section 11-7-8 of this title and subject also to compliance with all of the following site requirement conditions:

   A.   The number of dwelling units permitted on the site shall be based upon the density limits of the zoning district.

   B.   The yard, height, lot coverage and area requirements of the district shall apply to the entire site.

   C.   No two (2) buildings containing dwelling units shall be closer together than twice the minimum side yard for the district.

   D.   A permanent open court shall be required adjoining the entire length of every building containing a dwelling unit. The court shall have a depth equal to the minimum front yard required in the district. In no case shall the minimum rear yard of the site be used to furnish the required court area.

   E.   Off street parking shall be provided in accordance with the parking and loading provisions of this title 1 . Where necessary to avoid congestion on abutting streets in a single-family district, the city council may require additional spaces for visitor parking.

   F.   A permanent ten foot (10') landscaped strip shall be maintained along the side and rear lot lines of the entire development. Such strips shall not be used as drives or for parking.

   G.   The location, size, nature and topography of the open space areas shall be suitable for use as common areas for park, recreational purposes and buffer areas between groups of homesites. Not more than fifty percent (50%) of the open space areas resulting from the clustering of dwellings shall have a slope in excess of twenty percent (20%).

   H.   Adequate provision shall be made for the perpetual maintenance of all open space areas by the inclusion of covenants running with the land in the deeds or other instruments of conveyance which delineate such open areas. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

 

Notes

1	1. See chapter 6 of this title.

11-3-11: FENCES AND RETAINING WALLS:

   A.   Fences: The following fence regulations shall apply to all districts except the WA zone:

      1.   No fence, hedge or freestanding wall (not supporting a building or structure) anywhere within or bounding the front yard shall exceed forty eight inches (48").

      2.   An ornamental entry may exceed the maximum height in subsection A1 of this section, when constructed at the entrance to a new subdivision, planned unit development or multi-family development. No such entry shall exceed more than thirty percent (30%) of the width of the parcel at the front lot line, interfere with any clear vision zones or exceed eighteen feet (18') in height.

      3.   No fence or freestanding wall within or bounding a rear or side yard from the point of the front setback line shall exceed a height of six and one-half feet (61/2').

      4.   Open wire fences exceeding the above height may be built around schools or other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.

      5.   Open wire fences exceeding the above height may be built around tennis courts and swimming pools at the discretion of the zoning administrator after giving consideration to location of planned courts or pool safety, and effects on the neighborhood.

      6.   Security fences are allowed in side and rear yards up to eight feet (8') in height when used to enclose commercial or industrial storage yards.

      7.   Barbed wire fences are allowed only in the WA, WCR and WSR zones. Furthermore, they may be allowed along the boundary of any district which directly abuts the side or rear of a WA, WCR or WSR Zone.

      8.   In the WCR through WR-1 Zones, usable pasture and the enclosing fence shall not be allowed in the front yard setback or closer than two feet (2') from a property line or ten feet (10') from a residential dwelling. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

   B.   Retaining Walls: Retaining walls help facilitate development of lots with steep terrain by leveling certain areas or inhibiting sloughing. Retaining walls can help reduce the steepness of slopes enabling the development of a lot. The purpose of these retaining wall standards is to ensure the natural topography is maintained to the greatest extent possible, that exceedingly tall walls are not constructed, that landscaping is implemented to mitigate the effects of terracing and that the scale and texture of the retaining wall complements the character of the neighborhood.

      1.   All retaining walls require a building permit unless clearly a wall installed for landscaping purposes.

      2.   Retaining walls must not exceed four feet (4') measured from adjacent finish grade on the downhill side. Where greater heights must occur, the project must use a series of terraced or stepped walls. The width of a retaining terrace must be no less than three feet (3') and must incorporate landscaping.

         a.   Retaining walls two feet (2') and under measured from the adjacent finish downhill grade have no setback requirement. Retaining walls above two feet (2') and up to four feet (4') in height measured from adjacent finish downhill grade must have a setback of at least six feet (6') from the property line. Retaining walls exceeding four feet (4') in height measured from adjacent finish downhill grade must meet required principal building setbacks for the zoning district.

         b.   Retaining walls necessary to accommodate minimum required off street parking or primary vehicle or pedestrian access to a building may be up to eight feet (8') in height from finished downhill grade. Such retaining walls are not subject to terracing but must meet all setback requirements based on wall height as noted above with the exception that retaining walls necessary for primary vehicle access or minimum required off street parking are not subject to front yard setback requirements.

         c.   Standard basement egress window wells are not considered retaining walls and are exempt from setback requirements if they are the minimum depth and width necessary to meet building codes.

      3.   If the retaining walls not located within required setbacks on a particular project are unable to meet the height limitations in subsection B2 of this section due to extreme topography or other unique land features, a proposal may be submitted to the Zoning Administrator for a waiver to these standards. Such a request must include the following information:

         a.   A grading plan;

         b.   A drainage plan;

         c.   Section drawings;

         d.   A landscaping plan;

         e.   An elevation showing the proposed materials; and

         f.   Any other items needed to show the full extent of the proposal, including a written explanation explaining the hardship and why a greater height is necessary.

      4.   Retaining walls in the lakeshore protection zone shall be exempt from these regulations and shall be regulated by the appropriate lake and lakeshore protection regulations. (Ord. 13-01, 1-22-2013; amd. Ord. 20-03, 3-16-2020; Ord. 23-03, 4-3-2023)

11-3-12: GUESTHOUSES:

   A.   A guesthouse must be located in a detached accessory building on a lot for which the primary use is a single-family residential dwelling. A guesthouse may also be one component of an accessory building, such as over a detached garage, workshop, or residential storage building. A guesthouse may be on more than one level and may contain cooking and bathroom facilities. There is no limit to total floor area, but guesthouses are subject to all standards of the applicable zoning district, including total lot coverage. (Ord. 19-14, 7-1-2019)

   B.   Any lot on which a guesthouse is located must conform to lot size and width requirements for the applicable zoning district. Guesthouses will not be permitted on lots of substandard size and/or width.

   C.   A guesthouse may not be permitted as accessory to a multi- family unit or attached single-family unit of any kind, nor to a nonresidential use.

   D.   Only one guesthouse per lot is allowed.

   E.   One off street parking space shall be provided for any guesthouse of one thousand two hundred (1,200) square feet total floor area or smaller, and for any guesthouse over one thousand two hundred (1,200) square feet, two (2) spaces shall be required. Required parking for guesthouses is in addition to off street parking required for the primary residence. (Ord. 05-25, 11-21-2005)

   F.   No rent may be charged or received for any guesthouse in any nonresort Residential District, except that for a guesthouse used as quarters for domestic workers working on the premises, rent may be charged as part of the compensation arrangement between domestic worker(s) and owner. In resort residential districts, guesthouses may be rented for any term of occupancy allowed in the applicable resort residential district. Guesthouses may not be used as a permanent residence for anyone employed in a home occupation on the subject property. (Ord. 05-25, 11-21-2005; amd. Ord. 16-04, 2-16-2016)

11-3-13: HOME OCCUPATIONS:

   A.   Registration And Licensing Required: Home occupations that have employees and/or drop in customers must have an approved "to scale" site plan that shows required off street parking. Home occupations operating within the city limits must also obtain a city business license. (Ord. 14-21, 1-5-2015)

   B.   Conditions: Home occupations are permitted in any dwelling unit, subject to the following provisions. An occupation which does not comply with the following criteria shall not be deemed a home occupation:

      1.   Not more than one person other than members of a family residing on the premises shall be engaged in a home occupation. If more than one nonfamily member is to be engaged in a home occupation, a conditional use permit is required.

      2.   The use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than an area equal to one-fourth (1/4) of the gross floor area of the primary residence shall be used for the home occupation. If an accessory building is proposed for use, only an area not to exceed one-fourth (1/4) of the gross floor area of the primary residence shall be used. Additional area in both cases is allowed only by granting of a conditional use permit.

      3.   No exterior display, including window displays, shall be permitted.

      4.   No outdoor storage shall be permitted.

      5.   Exterior signs shall be restricted to a building mounted sign a maximum of two (2) square feet and shall comply with the provisions of subsection 11-5-6-4A2 of this title.

      6.   There shall be no other exterior indication of the home occupation.

      7.   No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of the residence or cause a nuisance to surrounding residences, because of vibration, noise, dust, smoke, odor, interference with radio or television reception or any other factor.

      8.   Any need for parking generated by the conduct of the home occupation shall be met off the street on site.

      9.   The home occupation shall not generate pedestrian or vehicle traffic in excess of that which is characteristic of the neighborhood in which it is located. Vehicle traffic may not be increased by more than one at a given time or by more than eight (8) during any one day.

      10.   No home occupation shall generate as a byproduct for disposal or cause to be dumped in a city sewer any hazardous waste including chemicals and cleaners, other than the volume and types that would be normally generated by a typical single-family home.

      11.   No home occupation shall cause an increase in any one or more utilities (water, sewer, garbage) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

      12.   In no case shall a home occupation consist of any of the following:

         a.   Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines), or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts, with the exception that automobile detailing services are allowed provided that washing occurs off site and detailing occurs only within an enclosed garage one vehicle at a time with no outside storage of additional vehicles not owned by the resident.

         b.   Equipment or vehicle rentals.

         c.   Retail sales with stock and trade on premises, with the exception of yard and garage type sales (see subsection C of this section).

         d.   Storage of household goods, equipment, or materials not owned by the resident.

         e.   Extermination services.

         f.   Pet boarding services.

         g.   Dispatch centers or other businesses where employees come to the site and are dispatched to other locations.

      13.   There is a limit of two (2) business vehicles per home occupation allowed parked on the premises. In connection with a home occupation, a business vehicle is any vehicle that is used in the conduct of the home occupation, or which has the name or logo under which the home occupation activity is conducted painted or otherwise exhibited on the vehicle.

      14.   If the home occupation is to be conducted on a rental property, the property owner's written authorization for the proposed use shall be obtained with the application.

   C.   Exceptions: Temporary yard or garage sales are not considered a home occupation and are exempt from the above requirements. Such sales are limited to three (3) 3-day weekends or ten (10) consecutive days every six (6) months, shall consist only of used personal items not purchased for resale, and all merchandise shall be removed from public view between sales.

(Ord. 12-09, 6-18-2012)

11-3-14: LOTS:

   A.   General: A "lot", as defined, is subject, where applicable, to the following special regulations:

      1.   Where two (2) or more lots are used as a building site, and where main buildings cross lot lines, the entire area is considered as one lot, except that the front of the parcel will be determined to be the front of the individual lots as platted, subdivided or laid out. Prior to, or as a condition of, the issuance of a building permit, the interior lot lines must be abandoned.

      2.   For a flag lot, the following special standards shall apply:

         a.   All flag lots must have a twenty foot (20') minimum width access road which abuts to a public or private street.

         b.   Any portion of the access road which measures less than thirty feet (30') in width will not be figured as part of the lot area, lot width or lot depth.

         c.   A fifteen foot (15') setback will be applied to all setbacks within the lot. There will be no distinction between front, rear or side yards.

         d.   The zoning administrator will determine lot width (typically the distance between the longest parallel lot lines when excluding the access road) and lot length (typically the distance between the shortest parallel lot lines when excluding the access road).

   B.   Multiple Uses On Same Lot; Conditional Use Criteria:

      1.   Total signage is limited to that permitted based on building frontage. A master sign plan must be submitted showing the size, location, materials and design of any proposed signage with the application for conditional use permit.

      2.   Parking must be provided according to the sum of the uses on the property. A generalized parking, drainage and landscaping plan must be submitted with the application for conditional use permit to show the necessary parking, drainage and landscaping can be accommodated on the property.

      3.   When the use requires the construction of multiple buildings, the site layout and building design must ensure lots or sublots meeting the requirements of subsection C of this section and the city subdivision regulations 1 can be created. All reservations necessary for future roads and utilities in the event of subdivision must be identified in the application. Development of these areas is not permitted.

      4.   All buildings or groups of buildings must be arranged as to permit emergency vehicle access by some practical means to all sides of each building.

      5.   Uses generally compatible with one another will be integrated by design to the degree of their compatibility and separated to the degree of their incompatibility.

      6.   A conditional use permit will not be granted in cases where the proposed uses are unrelated and the conditional use permit process is being used as an alternative to subdivision.

   C.   Sublots: When authorized as a permitted use in the zoning district in which it is proposed to be located, dwellings with common party walls may be constructed on a sublot and separately conveyed subject to compliance with the subdivision regulations of the city and with all of the following conditions:

      1.   Site Requirements:

         a.   Recorded Lot: Each sublot must be located in a recorded subdivision lot which meets the minimum lot size in the zoning district where it is located.

         b.   Number Of Sublots: The allowable number of sublots will be determined by dividing the gross area of the platted lot by the density limits of the zoning district. In no case, however, will a sublot have an area of less than two thousand (2,000) square feet nor more than one dwelling unit thereon. Neither the community development board nor the zoning administrator has authority to vary this provision. For density computation purposes, the gross area of the lot will not be reduced by the area of drainageways dedicated to the city.

      2.   Building Limitations: The yard, height and area requirements of the district apply to the entire area of the platted lot or of the developed tract.

      3.   Use of Common Areas: When the proposed sublots are located in a subdivision which also contains areas to be held in common ownership by the respective owners of lots or sublots, such common area may be used for required and supplementary parking for accessory buildings and for recreational facilities.

      4.   Private Accessways: Private accessways may be used for vehicular ingress and egress when shown on the preliminary plat, provided they are constructed in accordance with standards and specifications approved by the city council.

(Ord. A-407, 3-15-1982; amd. Ord. 97-2, 10-20-1997; Ord. 05-25, 11-21-2005; Ord. 23-27, 11-20-2023)

11-3-15: PROFESSIONAL ARTIST'S STUDIO/GALLERY:

Conditional use criteria for professional artists' studios or galleries shall be as follows:

   A.   No more than twenty five percent (25%) of the floor area of the structure, or three hundred (300) square feet, shall be devoted to gallery exhibits/sales, and there may be no outside storage or display.

   B.   The studio shall be operated by the artist. A maximum of one outside full time equivalent employee shall be engaged in the sales operation.

   C.   Signage shall be limited to that allowed by the zone.

   D.   Only original art objects shall be produced and sold on site. "Original art" is defined as that which appeals to the aesthetic senses, is individually created versus mass produced, is intended to have individual, enduring quality versus immediate, short term consumption or use, and would typically include such things as pottery, watercolor and oil painting, bronze work, sculpture, etc., and would specifically not include T-shirt or tie dyeing shops, wood chain saw art or similar activities.

   E.   The studio/gallery shall be allowed only within an existing building. Any exterior modifications to the building shall be in keeping with the residential architecture and scale of the adjacent neighborhood. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

11-3-16: PROFESSIONAL OFFICES:

Conditional use criteria for professional offices shall be as follows:

   A.   When specified as a conditional use, the criteria in section 11-7-8 of this title shall be applied; provided, however, if the use is in a WR-3 or WR-4 zoning district and abuts U.S. Highway 93 (Spokane Avenue or Second Street), and involves an existing structure, an administrative conditional use permit, as provided in subsection 11-7-8M of this title, shall be obtained.

   B.   The applicant shall meet the following design standards:

      1.   Total signage shall be as provided in chapter 5 of this title.

      2.   All parking shall be provided off street according to the sum of the uses on a particular property as follows:

         a.   Two (2) spaces per residential unit.

         b.   One space per employee per maximum shift, excluding resident family members.

         c.   One space for each client, customer or visitor who will be present or arriving during the period of daily activity.

         d.   In no case shall required parking be less than that required in chapter 6 of this title.

      3.   All landscaping and parking lot improvements, including asphalt/concrete work, shall be completed prior to occupancy; provided, however, should occupancy occur between November and April, the owner/applicant may delay landscaping and parking lot/driveway hard surfacing until the following May 15 to avoid inclement weather.

      4.   Any exterior modifications to the building shall be done in a mode architecturally compatible to and in scale with buildings in the adjacent residential neighborhood. Exterior modifications shall not exceed paint, siding, roofing and exterior refurbishment.

   C.   The city shall design a sidewalk/bike trail system along West Second Street in conjunction with any major construction or repairs thereof. As part of the site improvements, the applicant/owner shall be required to install that portion of the sidewalk/trail that crosses or abuts their property. (Ord. 11-03, 4-18-2011)