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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)
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)
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)
A "retreat center use" is defined as a land use to allow for the gathering of individuals to educate, train, counsel and recreate together in a rural setting. The uses permitted must be affiliated with the organization running the retreat center, and general use is restricted to employees, participants in the retreat center and its activities. A retreat center may be an accessory use within an existing dwelling or a stand alone facility.
A. The minimum lot size shall be twenty (20) acres.
B. A camp or retreat center designation shall be restricted to the WA and WCR districts.
C. Guests are limited to two (2) per gross acre.
D. The following uses may be appropriate in a retreat center. These uses shall not be inferred to be automatically approved for all retreat centers. Each use permit application must state specifically which uses are proposed.
1. Auditoriums.
2. Boat marinas.
3. Churches and other places of worship.
4. Community center buildings (e.g., crafts, games).
5. Meeting rooms.
6. Dormitories and cabins limited to one per two and one-half (21/2) acres (for both guests and employees).
7. Daycare.
8. Kitchen and dining facilities.
9. Laundry facilities.
10. Maintenance, repair and storage facilities.
11. Offices for camp employees.
12. Outdoor recreation, low impact facilities.
13. Outdoor cooking facilities. (Ord. 05-01, 1-18-2005; amd. Ord. 05-25, 11-21-2005)
A. Definitions:
SHIPPING CONTAINERS: A metal sided container typically used for multimodal shipping, not placed on a foundation, and used only for storage associated with the business on the premises. The containers shall have no wheels and were not designed with wheels. Semitrailers, box trailers, etc., are also considered storage containers.
B. Permitted Areas:
1. Permitted in the WI industrial zoning classifications.
2. Permitted in the WB-2 secondary business zoning classifications subject to the following standards:
a. A limit of three (3) shipping containers per lot or tract.
b. The shipping container shall be accessory to an existing business and shall not be a stand alone use.
c. Shipping containers shall be placed at the rear of the property behind building(s) to minimize their visibility from the street.
d. Shipping containers shall be screened from adjacent side and rear properties with thick vegetation, a solid fence, or equivalent.
C. Temporary Uses:
1. Shipping containers used by contractors for equipment storage on a temporary basis during construction projects are exempt from these requirements and are allowed in any zoning classification.
2. Shipping containers may be used on a temporary basis not to exceed thirty (30) days per year (and not 30 day consecutive periods) in all zones. (Ord. 03-12, 5-19-2003; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)
A. The intent of the requirements in this section is to make swimming pools inaccessible to small children for reasons of safety, and therefore, these requirements shall not be abridged except in a manner to exceed the specific requirements listed below:
1. All swimming pools shall be enclosed by a solid wall or fence, chainlink fence or wrought iron fence having vertical bars of at least one-half inch (1/2") cross section spaced no farther apart than four inches (4") between bars.
2. Required enclosure walls or fences shall be constructed so as to be unclimbable by children. Therefore, wood (woven) fences shall be prohibited where the boards or slats are horizontal; chainlink fences shall have interwoven slats.
3. All walls or fences shall not be less than five feet (5') nor more than seventy eight inches (78") in height except that at the discretion of the zoning administrator and after giving consideration to location, safety and effects on the neighborhood, a higher fence may be allowed.
4. No fence or wall shall have more than four inches (4") between the bottom of the wall or fence and the underlying ground.
5. Where possible, the ground underlying a fence or wall should be made impervious to any digging that a small child may attempt.
6. All gates shall be self-closing and shall have self-latching latches which shall be not less than four and one-half feet (41/2') above the ground or otherwise inaccessible from the outside to small children.
B. In any single-family residence district, private swimming pools shall be in the side or rear yard and there shall be a distance of at least three feet (3') between any property line and the water's edge, provided that at no time shall a swimming pool be closer than twenty feet (20') to a public right of way.
C. No public swimming pool shall be located closer than twenty five feet (25') to any lot line of the lot on which it is situated. (Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)
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