Chapter 21.36 — OVERLAY ZONING DISTRICTS (HOS, HP, MU, PD, L, SPD, SP)

A.

Purpose.

1.

The lodging (L) overlay zoning district is intended to provide a means through which the city council (and, through the development review process, the planning commission) can consider and selectively provide appropriate locations for resort hotels, motels, bed and breakfast inns, and similar forms of visitor-serving lodging (along with related accessory/ancillary land uses).

2.

The city's adopted economic development strategy establishes the goal of developing the city into an "end destination" tourist attraction. Providing a lodging (L) overlay zoning district can assist in achieving this goal by encouraging consideration of appropriate locations for resorts, lodging, and related/ancillary land uses (without providing the broader range of permitted and conditionally permitted land uses and the accompanying neighborhood and environmental impacts that are associated with a commercial or industrial general plan or zoning designation). The L overlay zoning district can be established on any property, subject to approval of a zone change application.

3.

Considerations upon which to base approval or denial of an L overlay zoning district application shall include but not be limited to adequacy of streets and highways to handle the anticipated traffic, and compatibility with adjacent and nearby land uses. The city council may determine not to consider an L overlay zoning district application without the accompanying site plan and elevation designed to demonstrate how the design of the project could be considered compatible with the surrounding neighborhood.

B.

Uses Permitted—Approval Process. Unless approved by city council in conjunction with the adoption of the L overlay zoning district, once the city council has approved an L overlay zoning district for a specific property, through the development plan process (Section 21.16.010) the planning commission may approve, conditionally approve or deny an application for a permitted land use provided for under the L overlay zoning district provisions. The permitted land uses are:

1.

Resort and other hotels;

2.

Motels and motor hotels;

3.

Bed and breakfast inns;

4.

Similar land uses as determined by the planning commission.

C.

Accessory/Ancillary Land Uses. In conjunction with or subsequent to approval of a permitted land use, applicants may request planning commission approval for accessory/ancillary land uses. Accessory/ancillary land uses cannot be established independent of permitted (primary) land uses. All accessory/ancillary land uses are subject to approval, conditional approval, or denial of the planning commission, based on a finding of compatibility with both the permitted land use and the neighborhood setting:

1.

Spa and other recreation facilities;

2.

Restaurant facilities;

3.

Meeting or conference rooms;

4.

Retail sales operations related to the primary land use;

5.

Other visitor serving/complementary land uses determined by the planning commission to be consistent with the implementation of the city's economic development strategy.

D.

Conditionally Permitted Land Uses. The planning commission shall consider a conditional use permit application for the following uses in the L overlay zoning district:

1.

Caretaker dwelling units; and

2.

Other land uses or activities (including but not limited to outdoor recreation) involving lights, noise, or other characteristics that could have an impact on neighboring land uses.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The purpose of the mixed-use (MU) overlay zoning is to provide for locations appropriate for development of multi-family residential in nonresidential zoning districts, either in combination with commercial uses or as stand-alone residential development projects. The mixed-use overlay zoning district is intended to encourage a mix of land uses in areas appropriate for intensified, compact, infill development. It is also intended to create areas that have activity throughout the day, every day, and that provide a variety of goods, services, and jobs within walking distance of residences.

B.

Applicability. A property designated with a mixed-use overlay zoning district is not required to be developed with a mixed-use development; such property may be developed with any of the uses permitted or conditionally permitted in the underlying zoning district as well as uses permitted by Subsection 21.36.050(C).

C.

Allowed Uses. In addition to the uses allowed in the underlying base district per Table 21.32-1 (Zoning District Use Regulations), in the mixed-use overlay zoning district, the following uses are also allowed:

1.

Multi-Family Dwellings;

2.

Mixed-use developments combining allowed nonresidential uses (as provided in Chapter 21.32 [Land Use Regulations]) in the underlying zone with multi-family dwellings;

3.

Communal housing;

4.

Family day care home;

5.

Residential care—General, limited, and assisted living.

6.

Senior housing;

7.

Supportive housing; and

8.

Transitional housing.

D.

General Site Development Standards. New residential land uses shall be designed, constructed, and/or established in compliance with the requirements in Table 21.36.050-1 (Development Standards for Mixed-Use Overlay Zoning District).

---

Table 21.36.050-1: Development Standards for Mixed-Use Overlay Zoning District

---

E.

Setback Modification. Modifications to reduce the required setbacks to no less than five feet may be allowed through a development plan modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)) and all of the following findings:

1.

The reduction is necessary to preserve oak trees and/or minimize major grading; and

2.

The reduced setback would not be inconsistent with an established neighborhood pattern.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.36.060 - Planned development overlay.

A.

Purpose. The purpose of the planned development (PD) overlay zoning district is to identify properties where a development plan is required, regardless of thresholds identified in Subsection 21.16.010(B) (Projects Subject to Development Plan).

B.

Development Plan Required. In combination with any base zoning district, development projects proposed within a planned development overlay zoning district require approval of a development plan (Chapter 21.16).

C.

Compliance with Standards. Development projects proposed within a planned development overlay zoning district shall comply with the standards of this title unless a modification is approved through a site plan modification (Section 21.17.020) or development plan modification (Section 21.16.020).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.36.070 - Special planned development overlay.

A.

Purpose and Applicability. As specified in Section 21.11.010 (Purpose and Applicability).

B.

Review Authority and Additional Permit Requirements. As specified in Section 21.11.020 (Application Processing).

C.

Allowed Modifications to Standards. As specified in Section 21.11.050 (Allowed Modifications to Standards).

D.

Required Findings. As specified in Section 21.11.060 (Required Findings).

E.

Special Planned Developments Established. See Chapter 21.04 (Special Planned Developments Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.36.080 - Specific plan overlay.

A.

Purpose and Applicability. As specified in Section 21.14.010 (Purpose and Applicability).

B.

Specific Plan Initiation and Project Review. As specified in Section 21.14.020 (Initiation of Specific Plans), Section 21.14.030 (Specific Plan Project Review), and Section 21.14.040 (Hearings, Recommendation, and Action).

C.

Required Findings. As specified in Section 21.14.050 (Required Findings).

D.

Specific Plans Established. See Chapter 21.05 (Specific Plans Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The office professional (OP) overlay zoning district is intended to retain and provide for residential uses as the primary use in accordance with the base residential zoning district (such as R-2 or R-3), but to act as a transitional zoning district that could accommodate mixed office and residential uses. Approval of a conditional use permit is required in order to establish professional or medical office uses (or other related commercial service or retail uses ancillary to office). A conditional use permit may be approved if neighborhood compatibility and preservation of residential character can be demonstrated.

Innovative uses of existing structures shall be encouraged. All new activities and new construction/remodeling shall not detract from the existing character of the neighborhood, particularly with regards to design compatibility with buildings listed in the city's inventory of historic structures.

B.

Allowed Uses. In addition to the uses allowed in the underlying base zoning district per Table 21.32-1 (Zoning District Use Regulations), in the office professional overlay zoning district the following uses are also allowed:

1.

Residential dwellings at densities permitted by the base residential zoning district; and

2.

All other uses permitted by the base residential zoning district.

C.

Uses Conditionally Permitted—Planning Commission Approval. Conditionally permitted uses in the office professional overlay zoning district are as follows:

1.

Medical services—Doctor office;

2.

Office—Professional/administrative;

3.

Cultural institutions;

4.

Bed and breakfast inns;

5.

Assembly facility—Religious;

6.

Accessory buildings that are compatible in design and function to primary structures; and

7.

Other uses as determined by the planning commission as being similar in class and nature to conditionally permitted uses listed in this section.

D.

Nonpermitted Uses. Nonpermitted uses in the office professional overlay zoning district are as follows:

1.

Medical services—Clinic, urgent care;

2.

Medical services—Hospitals;

3.

Government buildings and facilities; and

4.

Other uses not specifically provided for within this section.

E.

Conversion of Residential Structures. No structure originally designed as a residence, or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the following criteria are met:

1.

Conditional Use Permit Required. Such office or commercial activity may be permitted only after first obtaining a conditional use permit. The establishment of an office professional or related use shall, at a minimum, be subject to the same site development criteria, performance standards, design parameters and other governing regulations of the office professional zoning district, but additional standards and/or controls may be applied through the conditional use permit process in order to maintain neighborhood compatibility.

2.

Additional Standards and Controls. Additional standards and controls applied through the conditional use permit process may include, but may not be limited to: increased landscaping and screening requirements of structures and parking areas from adjacent dwellings; increased limitations on hours of business operation; limitation on the number of employees associated with a given use; limitation on client schedules or specialized techniques for site maintenance and/or development.

3.

Site Development Upgrades. The building and site shall be improved to meet all code requirements for an office or commercial development. This includes such things as but not limited to building code requirements, fire code

requirements and site development code requirements. Such site development upgrades shall be subject to the development review process as part of the conditional use permit process required by this section.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

ARTICLE 4. - REGULATIONS AND STANDARDS APPLICABLE TO ALL ZONING DISTRICTS Chapter 21.41 - RULES OF MEASUREMENT