Chapter 20.34


20.34.010    Classification.

20.34.020    General conditions.

20.34.030    Screening activities.

20.34.040    Noise, odors.

20.34.050    Landscaping and buffers.

20.34.060    Lighting and signs.

20.34.070    Off-street parking and loading.

20.34.080    Density and site coverage.

20.34.090    Required yards.

20.34.100    Other standards as warranted.

20.34.110    Recording of limitations.

20.34.010 Classification.

It is the intent of the limited zone classification to provide a mechanism through which the permitted uses within the area of any requested rezone may be controlled. The limited zone classification creates a use district with special conditions and performance standards pertaining to the permitted uses of the use district to which the limited classification is attached. The limited zone classification may be petitioned for, or may be recommended by the hearings examiner if deemed appropriate after study and review of any specific rezone request. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 9.01, 1979)

20.34.020 General conditions.

A.    Conditions and performance standards limiting the implementation of permitted uses may be required in any specified zone or portion thereof where necessary to achieve compatibility of development with surrounding properties.

B.    Any zone or portion thereof where such conditions and standards are to be required shall be established by ordinance (i.e., central business-limited, neighborhood business-limited, etc.) and identified on the zoning map by the suffix “L” attached to its zone designation and shall be referred to as a “Limited” zone. Hereafter, uses in any zone or portion thereof having the suffix “L” shall be limited and conducted in accordance with the conditions and performance standards set forth in Sections 20.34.030 through 20.34.110. (Ord. 987 § 9.02 (part), 1979)

20.34.030 Screening activities.

All processing and storage of materials, including storage of refuse, shall be conducted wholly within a building or shall be screened from view from the surrounding properties within a residential area. (Ord. 987 § 9.02.01, 1979)

20.34.040 Noise, odors.

All noise, vibration, dust, odor, fumes, or other objectionable factors involved in any activity shall be confined or reduced so as not to be unduly detrimental to the surrounding properties nor infringe upon the right of residents in any residential zone adjoining the “Limited” zone to enjoy a peaceful occupancy of their homes. (Ord. 987 § 9.02.02, 1979)

20.34.050 Landscaping and buffers.

Landscaping and buffers shall be provided as follows and properly maintained:

A.    Landscaping, including appropriate trees, shall be required in all parking strips, required front and corner side yards. All remaining portions of the lot lying between the building and the front and side property lines shall be landscaped or screened or paved. Where the side or rear of the building faces a residential zone, the landscaping shall include plants and trees of sufficient height and density to effectively screen the building, and where there is paving between the buildings, a forty-two inch high ornamental wall in lieu of landscaping may be required.

There shall be no vehicular access to the lot from a street which is a boundary of a residential zone and toward which the rear of the building faces, except by special permit from the hearings examiner.

B.    Where the lot adjoins the side property line of a lot in a residential zone, there shall be an effective screening buffer provided of either a five-foot wide strip of appropriate trees or appropriate landscaping as approved by the hearings examiner. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 9.02.03, 1979)

20.34.060 Lighting and signs.

A.    All display and floodlighting shall be constructed and used so as not to unduly illuminate the surrounding properties and not create a traffic hazard. All glare-producing processes shall be conducted so as not to be visible beyond the property line.

B.    Signs shall comply with the regulations of the zone where located and, in addition, no sign shall be located in any street or alley, nor project above the height limit of the zone where located nor project more than two feet into any required yard. The hearings examiner may limit the size, illumination, location, height and design of signs to that which it deems will not be detrimental to and will be harmonious with said intent and the properties in and surrounding the limited zone.

C.    No sign, yard light or other illumination shall be permitted or maintained in any zone where, because of direction, brilliancy, animation, flashing or other similar features, it is found to be an undue nuisance to other properties or detrimental to public safety or general welfare.

D.    The hearings examiner may, by special permit, grant exceptions to the sign regulations in any limited zone after a public hearing and a finding by the hearings examiner that the exception is required for proper identification and the proposed sign is appropriate in location, size and design and would not be incompatible with the surrounding properties, nor, if located near a residential zone, would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 9.02.04, 1979)

20.34.070 Off-street parking and loading.

Parking and loading shall meet the requirements of Chapter 20.40. (Ord. 987 § 9.02.05, 1979)

20.34.080 Density and site coverage.

Density and site coverage in any limited zone shall satisfy the requirements of the zone in which the building is located. (Ord. 987 § 9.02.06, 1979)

20.34.090 Required yards.

Required yards shall satisfy the standards for the zone in which the building is located. (Ord. 987 § 9.02.07, 1979)

20.34.100 Other standards as warranted.

A.    In recommending a limited zone classification, the hearings examiner may include additional performance standards and special conditions as he or she deems necessary to ensure compatibility of development and to adequately protect properties surrounding the area being zoned with the limited classification. Such additional standards would be contingent upon the unique circumstances attendant upon the reasons for a particular rezone request and the proposed land use.

B.    Such additional standards shall also include a time limit, recommended by the hearings examiner, for the commencing of the use of the property as authorized by the rezoning. Ninety days after said time limit has expired without the commencement of the use, the land shall automatically without further public hearing be returned to its previous zoning classification before the limited zone classification was granted, unless an extension of said time limit is authorized by the hearings examiner. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 9.02.08, 1979)

20.34.110 Recording of limitations.

A copy of the city ordinance amending the zoning title and attaching limitations or special requirements shall be filed with the county auditor immediately after final action in order that such limitations and requirements shall become encumbrances on the property. (Ord. 987 § 9.02.09, 1979)