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

A.

Purpose. Overlay zoning districts are created for the purpose of providing tailored regulations for uses and operations in specific geographic area to implement the provisions of the general plan and to comply with various federal or state regulations. The regulations for an overlay zoning district are either in addition to those applicable to the underlying primary zoning district (Section 21.12.010) or establish restrictions.

B.

Applicability. The provisions of this chapter shall apply to all uses in the primary zoning district and shall be in addition to the regulations for the primary zoning district. Whenever conflicts exist between this chapter and other sections of

the Zoning Code, the most restrictive shall apply.

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

A.

Purpose and Applicability. It is the intent of the Highway-Oriented Sign (HOS) overlay zoning district to regulate the height and design of pole signs oriented towards highways.

B.

Development Standards. See Subsection 21.52.080(H) (Highway-Oriented Signs).

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

A.

Purpose. It is the intent of the historic preservation (HP) overlay zoning district to encourage the preservation, restoration, and renovation of buildings and/or neighborhoods of architectural significance or interest, consistent with Chapter 21.62 (Historic Preservation).

B.

Applicability. The historic preservation overlay zoning district may be applied to any area containing one or more buildings of historic interest. In determining the boundary of the zoning district, the planning commission shall consider whether or not the buildings or building are historically significant or of interest, if they have sufficient educational value to warrant consideration for museum use, if they can be retained in their original or present use, if they are adaptive to re-use, and/or if they are adaptive to a new use without damage to those architectural elements that contribute to their significance and if preservation or restoration is economically feasible. In determining the boundary to be included in the historic preservation overlay zoning district, the planning commission shall consider the location of the buildings to be preserved, the original building site of the buildings, the present relationship between different buildings of significance or interest, the architectural continuity of the streets on which the buildings are located, the surrounding uses, the visibility of the buildings to the general public, and the encroachment of detrimental uses. In making such determination, the planning commission shall seek to balance the public benefit with any adverse effects to the economic value of adjacent development.

C.

Development Review. The planning commission shall adopt guidelines for the review of new buildings or structures in the historic preservation overlay zoning district. Such guidelines shall consider building spacing, lot coverage, yard limits, setbacks, density of use, bulk, height, materials textures, scale, orientation, the rhythm of the block face, and the general spirit of the area. Applications for any new building or structure in HP overlay zoning district shall be referred to the planning commission for architectural review. The planning commission shall review applications for new structures in the Historic preservation overlay zoning district, and may impose such restrictions or conditions as it deems necessary to comply with the intent of Chapter 21.62 (Historic Preservation).

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

A.

Purpose.

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).

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.

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:

Resort and other hotels;

Motels and motor hotels;

Bed and breakfast inns;

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:

Spa and other recreation facilities;

Restaurant facilities;

Meeting or conference rooms;

Retail sales operations related to the primary land use;

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:

Caretaker dwelling units; and

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:

Multi-Family Dwellings;

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

Communal housing;

Family day care home;

Residential care—General, limited, and assisted living.

Senior housing;

Supportive housing; and

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).

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

Development Standards Site Development Criteria

Maximum Height The height regulations of the underlying zoning district shall apply.

Minimum Setbacks The setback regulations of the underlying zoning district shall apply to commercial uses. For residential uses:

Front and street side: 10 ft/garages 20 ft Side: 5 ft first story; 10 ft for upper stories Rear: 10 ft See Subsection 21.50.090(A) (Setbacks Adjacent to R-1 Zoning District).

Maximum Density 30 dwelling units per acre

Building Features The objective design standards in Chapter 21.50 (Objective Design Standards for Mixed- Use and Multi-Family Development) shall apply.

Minimum Open Space Private open space: 100 sf per dwelling unit Common open space: 100 sf per dwelling unit Only common space may be provided if increased to 300 sf per dwelling unit. Required open space may be provided as private (for the exclusive use of the residents of one dwelling unit), shared (accessible to all of the residents of a development), or a combination of private and shared open spaces.

Private open space may be provided as private yards, balconies, porches or ground level or rooftop patios.

Shared open space may be provided as courtyards, plazas, balconies, ground level, or rooftop patios.

Walkways, corridors, or paseos shall not be included as open space. See Subsection 21.45.020(E) (Residential Open Space Areas).

Parking See Chapter 21.48 (Parking and Loading Regulations)

Residential Storage Each residential unit shall provide a minimum of 200 cubic feet of secured storage space. This does not include any closets contained within individual dwelling units. Storage space may be incorporated into dwelling unit or provided within a parking area.

Refuse and Recycling Areas See Chapter 21.51 (Refuse and Recycling Areas)

Laundry Facilities Laundry facilities consisting of at least 1 washer and 1 dryer per 6 dwelling units, or portion thereof, shall be provided onsite.

Sign Program For projects with more than 1 leasable commercial space, a sign program shall be submitted and approved when the mixed-use project is considered by the planning commission (program does not need to include sign copy unless desired).

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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:

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

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

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

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)

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)

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

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:

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

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:

Medical services—Doctor office;

Office—Professional/administrative;

Cultural institutions;

Bed and breakfast inns;

Assembly facility—Religious;

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

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:

Medical services—Clinic, urgent care;

Medical services—Hospitals;

Government buildings and facilities; and

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:

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.

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.

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)