CHAPTER 17 - ZONING REGULATIONS#

TABLE OF CONTENTS#

Chapter	Title
17.01	General Provisions
17.02	Zoning Districts
17.04	Application Process, Review and Decision
17.06	Board of Adjustment
17.08	Vested Property Rights
17.10	Land Development - General Design Principles
17.12	Sketch Plan
17.14	Definitions
17.16	Temporary and Nonconforming Uses/Structures
17.18	R-1 Single-Family Residence District
17.20	Reserved
17.22	R-2 Single-Family and Duplex Residence District
17.24	R-3 Multifamily Residence District
17.26	MH Manufactured Home District
17.28	Business/Commercial/Industrial Districts
17.30	Public Land District
17.32	PD Planned Development District
17.34	PD Plan
17.36	Amendment to PD Plan and PD Zoning Regulations
17.38	Site Development Plan
17.39	Use by Special Review
17.40	Transitional Applications
17.42	DO Downtown Overlay District
17.43	FSOD Front Street Overlay District
17.44	IO Interchange Overlay District
17.46	WNZOD Wolfensberger North Zoning Overlay District
17.48	Skyline/Ridgeline Protection Regulations
17.50	Residential/Nonresidential Interface Regulations
17.51	Dissimilar Residential Interface Regulations
17.52	General Site Development and Use Standards
17.54	Off-Street Parking
17.56	Sexually Oriented Businesses
17.58	Illumination
17.60	Wireless Communication Facilities (WCFs)
17.61	Accessory Dwelling Units
17.62	Group Homes

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CHAPTER 17.43 - FSOD FRONT STREET OVERLAY DISTRICT#FSOD

17.43.010 - Purpose and intent.#

17.43.020 - Certain regulations inapplicable.#

17.43.030 - Relationship to underlying zoning district/sign code/planned development.#

17.43.040 - Permitted uses.#

17.43.050 - Development standards.#

17.43.060 - Design standards.#

17.43.070 - Demolition requirement, process and removal of Landmarking status.#

17.43.080 - Violation and penalties.#

CHAPTER 17.43 - FSOD Front Street Overlay District#

17.43.010 - Purpose and intent.#

The purpose of the Front Street Overlay District (FSOD) is to establish architectural, landscaping, design, building, use and site development regulations that encourage compatible land uses, ensure higher quality development and function in order to protect property values and provide safe and efficient pedestrian and automobile access. These architectural, landscaping, design, building, use and site development criteria can encourage quality development through the use of a variety of design and site techniques while continuing to provide for a wide range of economic development opportunities.

(Ord. 2013-41 §4, 2013)

17.43.020 - Certain regulations inapplicable.#

The FSOD is intended to encourage mixed-use within the same structure or block and fit into the general context of the community in the FSOD. Accordingly, a structure or development within the FSOD shall not be required to comply with the provisions of Chapter 17.50, Residential/Nonresidential Interface Regulations. These requirements will not apply to single-family detached homes that are used for residential purposes only.

(Ord. 2013-41 §4, 2013)

17.43.030 - Relationship to underlying zoning district/sign code/planned development.#

A. In the event of a conflict between the entitlements, regulations or standards established in this Chapter and the equivalent provisions in the underlying zoning districts, the provisions of this Chapter shall govern. Except in the event of such preemption by this Chapter, the underlying zoning district provisions and all other provisions of the CRMC shall be applicable and enforced within the FSOD.

B.

minimum of two (2) shrubs and three (3) flowering perennial plants shall be planted.  
All required landscaping shall be maintained in a healthy, neat, and orderly condition,  
and any dead or diseased plant material shall be replaced within six (6) months.§

5.  
Lighting. All exterior lighting shall be designed and installed to minimize glare  
and light trespass onto adjacent properties and public rights-of-way. Lighting fixtures  
shall be full cutoff or fully shielded§, with a maximum mounting height of twenty (20)  
feet. Lighting levels shall not exceed one (0.5) foot-candle at the property line  
of any adjacent residential use.§

6.  
Refuse and recycling areas. All refuse and recycling containers, dumpsters, and  
related enclosures shall be screened from public view by an opaque wall or fence  
with a minimum height of six (6) feet, matching the primary building materials and  
colors. Such areas shall not be located within any required front or side street setback.§

7.  
Building materials and facades. The primary facade of all structures facing a public  
roadway shall incorporate at least two (2) of the following materials: brick, stone,  
wood siding, fiber-cement board, or glass.§ No single material shall exceed seventy  
percent (70%) of the total facade area.§ Blank walls exceeding thirty (30) feet in  
length shall include architectural articulation such as recesses, projections, or  
change in material.§

(Ord. No. 2023-007, § 18, 4-4-2023; Ord. 2013-41 §4, 2013)

17.43.070 - Parking and access.

A.  
Off-street parking shall be provided in accordance with Chapter 17.52, CRMC, unless  
otherwise modified by the FSOD. Shared parking arrangements are encouraged and may  
be approved by the Planning Director where peak demand times do not conflict.

B.  
Parking areas shall be located to the rear or side of structures where feasible.  
Surface parking lots shall not occupy more than fifty percent (50%) of the front yard  
area.§ Parking lots adjacent to public rights-of-way shall be screened by a landscaped  
buffer at least five (5) feet in width, containing shrubs and low-level plantings  
not exceeding three (3) feet in height.§

C.  
Pedestrian access. All developments shall provide direct pedestrian connections from  
the public sidewalk to the primary building entrance. Walkways shall be a minimum  
of five (5) feet in width and constructed of concrete, brick, or similar hardscape  
materials.

(Ord. No. 2023-007, § 18, 4-4-2023; Ord. 2013-41 §4, 2013)

17.43.080 - Nonconforming uses and structures.

A.  
Any use or structure lawfully existing within the FSOD on the effective date of the  
ordinance codified in this chapter that does not conform to the provisions of this  
chapter may continue as a nonconforming use or structure, subject to the provisions  
of Chapter 17.56, CRMC.

B.  
Expansion of a nonconforming use or structure shall require approval of a conditional  
use permit and shall not increase the degree of nonconformity beyond the limits  
established in Chapter 17.56, CRMC.

(Ord. 2013-41 §4, 2013)

17.43.090 - Enforcement and severability.

A.  
Any violation of the provisions of this chapter shall be subject to the enforcement  
remedies and penalties set forth in Chapter 1.12, CRMC.

B.  
If any section, subsection, sentence, clause, or phrase of this chapter is for any  
reason held to be invalid or unconstitutional by a court of competent jurisdiction,  
such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 2013-41 §4, 2013)

17.43.070 - Demolition requirement, process and removal of Landmarking status.#

Corresponding number of plantings or trees from either Subparagraph a., b. or c. below will be required for each site plan:

a. Shrubs: Five (5) per required tree.

b. Perennial plants: Seven (7) per required tree.

c. Trees: One (1) per required tree.

5. Screening/buffering requirements.#

The following are preferred vegetation and trees to be used for screening and buffering. The screening/buffering requirement is in addition to the landscaping requirements in Paragraph B.4. above. Screening and buffers are to be used on the sides and back of the property to protect different uses. The screening and buffering plan will provide ninety percent (90%) opacity in the summer months and seventy percent (70%) opacity in the winter months, within three (3) years of its installation.§

Scientific Name	Common Name
Deciduous Trees
Acer platanoides 'Columnar'	Columnar Norway Maple
Quercus robur 'Fastigiata'	Columnar English Oak
Pyrus calleryana	Ornamental Pear
Evergreen Trees
Juniperus chinensis 'Hetzi Columnaris'	Hetzi Upright Juniper
Other cultivars: 'Spartan,' 'Spearmint,' 'Blue Point'
Juniperus scopulorum	Rocky Mtn. Juniper
Cultivars: 'Cologreen,' 'Gray Gleam,' 'Moonglow,' 'Pathfinder,' 'Skyrocket,' 'Wichita Blue'
Picea pungens 'Fat Albert'	Blue Spruce
Other cultivars: 'Bakeri,' 'Hoopsi,' 'Iseli fastigiata,' 'Montgomery'
Pinus flexilis 'Vanderwolf's Pyramid'	Vanderwolf Pine
Pinus heldreichi (leucodermis)	Bosnian Pine
Pinus nigra 'Arnold Sentinel'	Columnar Austrian Pine
Thuja occidentalis 'Degroot's Spire'	American Arborvitae
Other cultivars: 'Emerald Green'
Vines
Campsis radicans	Trumpet Vine
Lonicera heckrottii	Goldflame Honeysuckle
Lonicera japonica 'Halliana'	Hall's Honeysuckle
Parthenocissus tricuspidata	Boston Ivy
Parthenocissus quinquefolia 'Englemann'	Virginia Creeper
Polygonum aubertii	Silver Lace Vine

6. Parking requirements.#

a. Parking will follow the Town's parking requirement. The Historic Preservation Board may reduce parking requirements by as much as one hundred percent (100%) on a case-by-case basis.§ The applicant will be required to submit data showing how the request for parking reductions will respect the blend of residential and commercial and the unique character of the FSOD and the Craig and Gould neighborhood.

b. Parking lots located along public roadways will be required to provide a landscaping buffer that is four (4) feet or greater in width between the parking area and the public sidewalk.

c. No on-site parking is allowed in front of any structure. All parking must be on the side or rear of a structure.§

7. Sidewalk requirements.#

All sidewalks must be designed and built to meet the Town's sidewalk construction and design standards. All buildings will be required to have a minimum of one (1) sidewalk connection from a sidewalk located along a public roadway to the entrance of the primary structure.§

(Ord. No. 2016-044, § 4.B., 12-6-2016; Ord. 2013-41 §4, 2013)

Chapter 17.43 - [Chapter Title as applicable]#

17.43.070 - [Section Title as applicable]#

Chapter 15.64, CRMC, applies to the FSOD. Accordingly, any application for a demolition permit or removal of Landmarking status within the FSOD shall comply with the provisions and criteria set forth in Chapter 15.64.

(Ord. 2013-41 §4, 2013)

17.43.080 - Violation and penalties.#

A. No person shall violate any of the provisions of the ordinances of the Town, including the provisions of this Chapter. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person who violates any of the provisions of the ordinances of the Town or this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.

B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person, and he or she shall be punished accordingly.

(Ord. 2013-41 §4, 2013)