§ 16-577. Special district development regulations.

(a)

Residential mixed district (R-M).

(1)

Two-family dwellings existing in this district on or before the date of adoption of this article are conforming structures even though the site development requirements may not comply with other provisions of this chapter.

(2)

Multiple-family dwelling structures existing in this district on the date of adoption of this article shall be considered conforming structures and sites, and the site development requirements of the R-3-L district shall be applicable rather than those of the R-M district.

(3)

Where there are existing two-family dwelling structures located on R-M zoned lots on the date of adoption of this article, such structures and lots may be subdivided (lot split) without the newly created lots being required to conform to the minimum 8,000 square foot land area per dwelling unit requirement, and the two lots created by the subdivision shall be considered conforming lots. No such lot, however, shall be less than 5,000 square feet in area.

(b)

Multiple-family residential (high density) district (R-3-H).

(1)

In the R-3-H multiple-family residential (high density) district, a lot of not less than 24,000 square feet may be developed as a subdivision into smaller lots of the lot being developed, but the number of dwelling units permitted shall not exceed the number of square feet in the lot being developed divided by 2,000 square feet. Fractional results shall be rounded off to the nearest whole number.

(2)

In a development in which only part of the lot being developed is to be subdivided into smaller lots and in which a portion of the land is to be set aside for the common use of the residents of the development, the development shall meet the following requirements:

a.

There shall be not less than 2,000 square feet of land for the use of the occupants of each dwelling unit, either privately or in common with the occupants of other dwelling units. The common area shall equal or exceed 2,000 square feet times the number of dwelling units the owners or occupants of which share the right to use the common area, less the total square feet privately owned or assigned to each such dwelling unit.

b.

The ownership of the common area can be clearly identified; this requirement does not forbid an arrangement in which the common area would be owned by the owners of the individual lots in common, with appropriate covenants forbidding partition or severance of the interest in the common area from the ownership of the individual lots.

c.

The use of the common area cannot be changed over the objections of the county or of residents of the development to the extent that it would lose its identity as a facility benefiting all the residents of the development.

d.

Persons have the clear responsibility for maintenance of the improvement and common area.

e.

A method is provided for the collection of the necessary money for the improvement and maintenance, as appropriate, of the common area.

f.

Other requirements, as determined by the planning and zoning commission, to ensure conformance with the comprehensive plan and with other provisions of this article, are satisfied.

(c)

Mobile home park and development districts (R-5 and R-6). Improvements in the R-5 and R-6 districts shall meet the following requirements:

(1)

Roadways shall have a minimum roadway width of 25 feet with a minimum of 25 feet of paving including appropriate curbing. No parking of vehicles or storage shall be permitted on the roadways.

(2)

Illumination shall be provided along roadways, walks and service facilities, subject to the standards in section 16-276.

(3)

Storm drainage shall be provided, including underground drainage where necessary.

(4)

Guest parking areas shall be dispersed throughout the park in a ratio of one space for every five mobile home sites. Additionally, an area shall be provided for the storage of various types of recreation vehicles or boats, at the discretion of the planning and zoning commission at the time the committee reviews and approves the site plan.

(5)

One or more common areas consisting of at least eight percent of the total net lot area shall be devoted exclusively to recreational or open space purposes. The location, accessibility, design and adequacy of such areas shall be approved by the planning and zoning commission at the time the site plan is approved.

(6)

All utilities shall be provided at each mobile home site. No aboveground utility lines shall be permitted. All fuel tanks shall meet the installation and location requirements of the Uniform Fire Code and shall be adequately screened or located to mitigate conflicts with adjacent land uses and minimize visual impact from the public right-of-way.

(7)

The location of trash dumpsters shall be adequately screened or located to mitigate conflicts with adjacent land uses and minimize impact from the public right-of-way. The method of trash disposal shall be at the discretion of the public works director.

(8)

Approved fire hydrants shall be located within 250 feet of each mobile home.

(9)

Areas under mobile home units shall be adequately treated to prevent the growth of vegetation; and the undersides of units, from the floor to the ground, shall be skirted with suitable material.

(10)

Landscaping of suitable areas and individual mobile home sites shall be provided as set forth in section 16-574. Existing natural vegetation shall be retained whenever possible.

(11)

Where a mobile home park or mobile home development abuts a public street, there shall be a minimum ten-foot wide landscaped area developed along the entire frontage of the site or lot with a minimum six-foot high fence, hedge or similar screening device installed to the rear of the landscaped area. Where a mobile home park site or lot abuts residential property zoned other than mobile home park or mobile home development, a fence, hedge or similar screening device, a minimum of six feet high, shall be installed by the developer adjacent to the other zoned district, unless that property already has such a screening device installed.

(12)

Fences, walls or shrubbery no more than three feet high may be located within required front setback areas; no more than six feet high to the rear of that area.

(d)

Public land district (P-L). Any unit of government owning land within the P-L public land district may use the land and structures in order to support community needs and the public health, safety and welfare. Where the land is to be used by any other person under a lease or contract with the unit of government, an application for a special use permit shall be applied for and acted upon by the planning and zoning commission. Under such circumstances, the land may be put to any use accessory to the governmental use or to any of the uses allowed in the R-3-H, C-1, C-2, C-3, R&D, M-1, M-2, W-1 and W-2 districts, as may be appropriate, upon the approval of the application for a special use permit.

(e)

Wilderness districts (W-1 and W-2).

(1)

The W-1 and W-2 districts may be overlay districts or they may be principal districts. When either district is an overlay district, its regulations, including the uses allowed, shall be applicable to land in the district in addition to the regulations of the underlying district. In case of conflict, the more restrictive regulations shall control.

(2)

Motor vehicle use within the W-1 and W-2 districts, whether principal or overlay, shall be restricted to movement through the district on designated roads or to movement on designated roads to uses allowed in the district.

(f)

Historical district (H). The H historical district is an overlay district and the following regulations are applicable as additions to the regulations of the underlying district in which the property is located. In case of conflict, the more restrictive regulations shall control.

(1)

No new construction, expansion, addition to, restoration of, or major maintenance to any building, structures or ruins shall be carried on without the prior approval of a site plan.

(2)

No major changes to landscaping which would alter the character of the area existing on the date of adoption of this article, including the removal or planting of trees, shall take place without prior approval of a site plan.

(3)

When acting on a site plan, the planning and zoning commission shall consider recommendations from the state office of cultural affairs, historic preservation division, or successor agency.

(g)

Multiple-family residential (low-density) district (R-3-L). Where there are existing two-family dwelling structures located on lots within the R-3-L district at the time of the adoption of this article, such structures and lots may be subdivided (lot split) without the newly created lots being required to conform to the minimum 8,000-square foot land area per dwelling unit requirements for attached single-family dwelling units; and, the two lots created by the subdivision shall be considered conforming lots. No such subdivided lot, however, shall have less than 5,000 square feet of area.

(h)

Commercial and professional districts (C-1, C-2, C-3 and P-O). All business activities related to the retail, display or storage of merchandise or equipment in these C-1, C-2, C-3 and P-O districts shall occur within an enclosed building or structure, unless otherwise provided for by this chapter. A commercial retail facility may request an outdoor sale permit on an annual basis. In approving an outdoor sale permit, the community development director shall limit the duration, extent, frequency and timing of such sales. No outdoor business activity shall interrupt the use of any sidewalk or public right-of-way, and the minimum pedestrian or vehicular spaces designated in the outdoor sale permit shall be maintained.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.34.080)