ZONING DISTRICT #1 ZONING REGULATION ADOPTED FEBRUARY 9, 1995
TABLE OF CONTENTS SECTION 1 TITLE, CREATION AND ADOPTION... 1 SECTION 2 INTENT... 1 SECTION 3 PURPOSES AND BOUNDARIES... 2 SECTION 4 DEFINITIONS... 3 SECTION 5 SRR: SEMI-RURAL RESIDENTIAL ZONE... 9 SECTION 6 R: GENERAL RESIDENTIAL ZONE... 13 SECTION 7 LB: LIGHT BUSINESS ZONE... 17 SECTION 8 PARKING REQUIREMENTS... 21 8.1 General Requirements... 21 8.2 Single Family, Duplex, Triplex and Fourplex... 22 8.3 Boarding Homes and Bed and Breakfast Inns... 22 8.4 Places of Worship... 22 8.5 Condominiums... 24 8.6 Convenience Stores... 25 8.7 Financial Institutions; Offices... 26 8.8 Gasoline Service Stations... 28 8.9 Mobile Home Parks... 29 8.10 Restaurants... 29 8.11 Townhomes... 30 8.12 Warehousing and Self-Service Storage Facilities... 30 SECTION 9 SIGN REGULATIONS... 33 9.1 Definitions... 33 9.2 Signs Permitted as a Matter of Right... 33 9.3 Signs Requiring a Sign Permit... 34 9.4 Signs Prohibited... 34 9.5 General Sign Regulations... 34 9.6 Computation of Sign Area... 35 9.7 Business Sign Requirements... 35 9.8 Bed and Breakfast Inn and Boarding Home Sign Requirements... 36 9.9 Subdivision and Mobile Home Park Identification Signs... 37 Zoning District #1 Zoning Regulation i
9.10 Home Occupation Sign Requirements... 37 9.11 Sign Permit Procedures... 37 SECTION 10 GENERAL BUILDING AND DEVELOPMENT STANDARDS... 39 10.1 Purpose and Intent... 39 10.2 Standards for Specific Uses... 39 1. Residential Structures: General Standards... 39 2. Residential Accessory Buildings... 40 3. Bed and Breakfast Inns and Boarding Homes... 40 4. Condominiums... 41 5. Family Day Care and Nursery Facilities... 41 6. Gasoline Service Stations... 41 7. Home Occupations... 42 8. Mobile Home Parks... 42 9. Self-Service Storage Facilities... 42 10.3 Refuse Storage... 43 10.4 Visibility at Intersections... 43 10.5 Noise Standards... 44 10.6 Livestock Regulations... 44 SECTION 11 NON-CONFORMING PARCELS, USES AND STRUCTURES... 45 SECTION 12 CONDITIONAL USES... 49 SECTION 13 VARIANCES... 53 SECTION 14 LAND USE PERMITS... 55 SECTION 15 ADMINISTRATION... 57 SECTION 16 FEES, CHARGES AND EXPENSES... 58 SECTION 17 C0MPLAINTS AND INVESTIGATIONS... 58 SECTION 18 ENFORCEMENT AND PEMALTIES... 58 SECTION 19 MINIMUM REQUIREMENTS... 59 SECTION 20 AMENDMENTS AND CHANGES... 59 SECTION 21 INVALIDATION... 59 SECTION 22 ADOPTION... 60 ii Zoning District #1 Zoning Regulation
SECTION 1 TITLE, CREATION AND ADOPTION 1.1 This regulation shall be known as the "Zoning District #1 Zoning Regulation", and is adopted as a revised zoning regulation for the Zoning District #1 Planning and Zoning District. The district was created on May 18, 1970, and this revised regulation adopted on February 9, 1995. 1.2 Pursuant to Section 76-2-101 M.C.A., there is created a Planning and Zoning Commission for the Zoning District #1 Planning and Zoning District which consists of the three County Commissioners, the County Surveyor, and the County Assessor. 1. The Commission shall have all the powers delegated to it by the laws of the State of Montana and by this Regulation. 1.3 Pursuant to Section 76-2-104 M.C.A., there is adopted a development pattern. The development pattern shall consist of the Zoning District #1 Development Plan and the Zoning District #1 Zoning Regulation. SECTION 2 INTENT 2.1 The intent of these revised zoning regulations is to regulate and promote the orderly development of the area. Nothing in these regulations shall be deemed to authorize an ordinance, resolution, rule, or regulation which would prevent the full utilization of lands used for grazing, horticulture, agriculture, or the growing of timber. It is also the intent of the Zoning District #1 Advisory Committee and the Commission that these zoning regulations, along with the goals and objectives of the Zoning District #1 Development Plan, be considered as one integrated set of development standards for the district, and that both documents be used when reviewing new developments. Zoning District #1 Zoning Regulation 1
SECTION 3 PURPOSES AND BOUNDARIES 3.1 Purposes: To promote health, safety, and general welfare and to: A. Prevent overcrowding; B. Conserve property values; C. Preserve scenic resources; D. Ensure high water quality standards; E. Promote orderly residential development; F Guide limited commercial development to the most appropriate locations; G. Provide for the need of affordable housing; H. Implement the development plan for the Zoning District #1 Planning and Zoning District. 3.2 Description. The Zoning District #1 Planning and Zoning District is described in zones as set forth on the Official Zoning Map, hereby adopted by reference and declared to be a part of this regulation. 3.3 Certificate. The Official Zoning Map shall be available at the County Clerk and Recorder s Office and shall bear a certificate with the signature of the Chairman of the Gallatin County Commission, attested by the County Clerk and the date of adoption. 3.4 Map Changes. At such time as map amendments are made, or in the event that the map becomes damaged, destroyed, lost or difficult to interpret, the Official Zoning Map shall be updated, adopted, and certified pursuant to Section 3.3 of this regulation. 3.5 Official Zoning Map. Regardless of the existence of purported copies of the map which may from time to time be made or published, the Official Zoning Map on file in the office of the County Clerk and Recorder shall be the final authority as to current zoning in the district. (Amended by County Commission Resolution No. 1999-23 on May 25, 1999) 2 Zoning District #1 Zoning Regulation
SECTION 4 DEFINITIONS The following definitions are provided for clarification: 4.1 Accessory Building or Use: A building or use which: (1) is subordinate in area, extent or purpose to the principal building or principal use served; and, (2) contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use. 4.2 Agriculture: Art or science of cultivating the ground, including harvesting of crop and rearing and management of livestock; tillage; husbandry; farming; horticulture; forestry; and the science and art of the production of plants and animals for sale. This includes all uses customarily incidental thereto, but does not include any agricultural industry or business such as packing plants, fur farms, animal hospitals, commercial dog kennels, commercial feed lots or similar uses. 4.3 Animals: Species domesticated for agricultural uses including livestock, poultry, fish, and birds. 4.4 Bed and Breakfast Inn: An establishment which provides overnight lodging to the public for compensation, caters to the traveling public, is located in the proprietor's actual residence, and serves only a limited breakfast to registered guests. 4.5 Boarding Home: A dwelling unit with two or more guest rooms in which, for compensation, lodging is provided. 4.6 Building: Any structure built for support, shelter, or enclosure of persons, animals, or property of any kind. 4.7 Building Height: The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of a mansard roof and the mean height between eaves and ridge for gable, hip, and gambrel roofs. 4.8 Building Site: A parcel of land occupied or intended to be occupied by buildings permitted herein and which includes such size, dimension, open space, and parking as are required in the zone in which such site is located. 4.9 Commercial: A land use classification that permits facilities for the buying and selling of goods and services. 4.10 Commission: The Zoning District #1 Planning and Zoning Commission. Zoning District #1 Zoning Regulation 3
4.11 Conditional Use: Uses, other than permitted uses, that may be allowed in a specific zoning category, but which require a public hearing by the Commission to consider additional safeguards to maintain and assure the health, safety, and general welfare of the community and to maintain the character of the Zoning District #1 Zoning District. 4.12 Condominium: A building, or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. 4.13 Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other freshly prepared foods such as salads and coffee, for off-site consumption. 4.14 Density: The total number of acres required per dwelling unit. 4.15 Development Plan: Development plan shall include any document or portion of any document duly adopted by the Commission which is intended to guide the growth and development of the area. 4.16 Duplex: A building on a single lot containing two single-family dwelling units totally separated from each other by an un-pierced wall extending from ground to roof. 4.17 Dwelling, Single Family: A building designed with complete, permanent, and independent living facilities for one family. 4.18 Dwelling, Multiple Family: Any building or portion thereof containing two or more apartments or dwelling units. 4.19 Dwelling Unit: A group of inter-related rooms having living, sleeping, cooking, and complete sanitary facilities for one family. 4.20 Family: Any individual or persons related by blood or marriage, or a group of up to 4 persons (excluding servants) who are not related by blood or marriage, living together as a single, permanent non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, communal development, fraternity house, etc. 4.21 Family Day Care and Nursery Facilities: A private residence providing for the care, supervision, and protection of children. 4.22 Financial Institutions: Establishments such as banks, savings and loans, credit agencies, investment companies, brokers, and dealers of securities and commodities. 4.23 Floor Area: The total of all floor areas of a building, excluding stairwells, elevator shafts, and equipment rooms. 4 Zoning District #1 Zoning Regulation
4.24 Floor, Ground: That portion of a building or structure located with its floor between the average ground elevation and the ceiling directly above. 4.25 Fourplex: A building on a single lot containing four single-family dwelling units totally separated from each other by an un-pierced wall extending from ground to roof. 4.26 Gasoline Service Station: Any building, land area, or other premises, or portion thereof, used for the retail dispensing of vehicular fuels. 4.27 Home Occupation: The use of a portion of a dwelling or accessory structure as an office, studio, or work room for occupations at home. The activity must be clearly incidental to the use of the dwelling for a residence and shall not change the character or appearance thereof. 4.28 Incidental: Subordinate and minor in significance and bearing a reasonable relationship with the principal use 4.29 Landscaping: The vegetative planting of trees, shrubs, grass, flowers, etc. This definition shall also include the designing of the placement of such materials. 4.30 Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. 4.31 Lot Coverage: The total area of a lot covered by the principal and accessory buildings. 4.32 Lot Width: The distance as measured in a straight line, between side lot lines at the points of intersection with the required front yard setback. 4.33 Manufactured Housing: Residential single-family dwellings constructed off-site and transported to the District and placed on a parcel of land, on a permanent concrete foundation. 4.34 Mini-Warehouse: See: Self-Service Storage Facility. 4.35 Mobile Home: A semi-portable unit built to be transportable on its own chassis, designed to be used as a dwelling when connected to appropriate utilities and support structures. 4.36 Mobile Home Park: A tract of land providing two or more mobile home lots for lease or rent to the general public. 4.37 Motor Home: See: Travel Trailer. Zoning District #1 Zoning Regulation 5
4.38 Non-Conforming Parcel: A parcel, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this zoning regulation but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning ordinance. 4.39 Non-Conforming Structure: A structure, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this zoning regulation but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning regulation. 4.40 Non-Conforming Use: A use or activity that was lawful prior to the adoption, revision or amendment to this zoning regulation but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning regulation. 4.41 Open Space: Land subject to valid restriction against development, the maintenance of which in its natural or agricultural state is necessary for the enhancement of living conditions in the Zoning District #1 Planning and Zoning District. 4.42 Parcel: See: Lot. 4.43 Parking space, off-street: A space located off any public right-of-way for parking of any one vehicle, having access to a public street or road. 4.44. Places of Worship. A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar belief. 4.45 Planning Director: The Planning Director of Gallatin County, as officially appointed by the Gallatin County Commission. 4.46 Principal Use: A primary purpose for which a land area, building or structure is used. 4.47 Restaurant: A commercial establishment with dining facilities which serves meals and beverages to the general public, and which may provide music and dancing, and the serving of alcoholic beverages, as incidental uses. 4.48 Self-Service Storage Facility: A structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. 4.49 Structural Alteration: Any change in the shape or size of any portion of a building or of the supporting members of the building or structures such as walls, columns, beams, arches, girders, floor joist, or roof joist. 4.50 Structure: An edifice or building of any kind or any piece of work artificially built up, constructed or composed of parts joined together in some definite manner. 6 Zoning District #1 Zoning Regulation
4.51 Structure, Agricultural: Any structure for which the primary purpose or use is agriculture. 4.52 Structure, Principal: Primary building or structure upon a parcel which houses the principal use of the premises. 4.53 Structure, Residential: Any structure for which the principal use is for residential housing or related uses. 4.54 Townhomes: A single-family dwelling in a row of at least three such units in which each unit has its own front and / or rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. 4.55 Travel Trailer: A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is not more than nine (9) feet in body width during transportation. 4.56 Triplex: A building on a single lot containing three single-family dwelling units totally separated from each other by an un-pierced wall extending from ground to roof. 4.57 Use: The purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land. 4.58 Variance: A device which grants a property owner relief from certain provisions of the zoning regulation when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from an inconvenience. 4.59 Warehouse: A building used primarily for the storage of goods and materials. 4.60 Zoning Enforcement Agent: The duly authorized agent appointed by the Commission for the purpose of administering and enforcing this regulation. Zoning District #1 Zoning Regulation 7
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SECTION 5 SRR: SEMI - RURAL RESIDENTIAL ZONE 5.1 Purpose and Intent This zone is intended to provide for the continuation of existing agricultural pursuits, while also allowing for limited residential development. It is also the intent of this zone that new residential development be designed to minimize impacts upon nearby agricultural uses, and that residential development be designed to interface with nearby agricultural operations. 5.2 Uses Allowed After Securing a Land Use Permit: 1. One Single Family Dwelling Unit per One-Half Acre. 2. One Duplex per Acre. 3. Places of Worship. 4. Family Day Care and Nursery Facilities. 5. Accessory Uses: A. Accessory buildings or structures customarily used in conjunction with permitted uses. B. Home Occupations. 5.3 Uses Allowed After Securing a Conditional Use Permit: 1. One Triplex per Acre. 2. One Fourplex per Acre. 5.4 Property Development Regulations: 1. Lot Dimensions: A. Single family: Minimum lot area: 1/2 acre Minimum lot width: 90 feet B. Duplex, triplex and fourplex: Minimum lot area: 1 acre Minimum lot width: 125 feet C. Places of worship: Minimum lot area: 1 acre Minimum lot width: 125 feet Zoning District #1 Zoning Regulation 9
2. Lot Setbacks (see diagram below for example): A. Single family, duplex, Front yard: 25 feet 1 triplex and fourplex: Rear yard: 12 feet Side yard: 12 feet Corner side yard: 25 feet 1 B. Places of worship: Front yard: 40 feet Rear yard: 25 feet 2 Side yard: 25 feet 2 Corner side yard: 40 feet 1 when adjacent to existing agricultural uses, this setback shall be increased to 40 feet. 2 when adjacent to existing residential uses, this setback shall be increased to 40 feet. C. Eaves, awnings, and similar architectural features may project a maximum of five feet into any front, side, or corner side yard setback, provided that such features shall maintain a minimum distance of five feet to any property line and are not less than eight feet in height above grade. Such appendages shall be supported only at or behind the building setback line. 3. Building Height: The maximum building height allowed in this zone shall be 32 feet. 4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in this zone shall be 30%. 5. Subdivisions Adjoining Agricultural Lands: The following shall be considered when subdividing land which adjoins agricultural land: A. Lot designs and configurations will be used which will minimize the exposure of home sites to adjacent agricultural practices. B. The developer shall demonstrate, through site plan design, that the subdivision will not pose a significant impact upon adjoining agricultural lands. 10 Zoning District #1 Zoning Regulation
SETBACK DIAGRAM SINGLE FAMILY NOTE: Yards must be measured from property lines. THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY Zoning District #1 Zoning Regulation 11
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SECTION 6 R: GENERAL RESIDENTIAL ZONE 6.1 Purpose and Intent This zone is intended to provide development standards for a variety of residential development, at the same time ensuring compatibility with existing development. 6.2 Uses Allowed After Securing a Land Use Permit: 1. One Single Family Dwelling Unit per One-Half Acre. 2. One Duplex per Acre. 3. Family Day Care and Nursery Facilities. 4. Accessory Uses: A. Accessory buildings or structures customarily used in conjunction with permitted uses, less than or equal to 400 square feet in floor area. B. Home Occupations. 6.3 Uses Allowed After Securing a Conditional Use Permit: 1. Mobile Home Parks. 2. Residential Condominiums. 3. Townhomes. 4. Accessory buildings or structures customarily used in conjunction with permitted uses greater than 400 square feet in floor area. 5. Places of Worship. 6. Boarding Homes 7. Bed and Breakfast Inns. 6.4 Property Development Regulations: 1. Lot Dimensions: A. Single family: Minimum lot area: 1/2 acre Minimum lot width: 90 feet B. Duplex: Minimum lot area: 1 acre Minimum lot width: 125 feet Zoning District #1 Zoning Regulation 13
C. Townhomes: Minimum site size: 1/2 acre Minimum average lot area: 3,600 square feet Minimum lot width: The width of the interior units shall be the minimum lot width, but in no case less than 24 feet. Maximum density: 12 dwelling units per acre D. Condominiums: Minimum site size: 1/2 acre Minimum lot width: 90 feet Maximum density: 12 dwelling units per acre E. Mobile home parks: Minimum site size: 1 acre Minimum lot size: 6,000 square feet Minimum lot width: 60 feet F. Places of worship: Minimum lot area: 1 acre Minimum lot width: 125 feet 2. Lot Setbacks (see diagrams below for examples): A. Single family, Front yard: 25 feet duplex, and Rear yard: 12 feet condominiums: (25 feet if 2 or more stories) Side yard: 12 feet (25 feet if 2 or more stories) Corner side yard: 25 feet B. Townhomes: Front yard: 25 feet Rear yard: 12 feet Interior side yard: 0 feet Exterior side yard: 25 feet C. Mobile home parks: Exterior boundary: 30 feet All other setbacks as per current County Subdivision Regulations. 14 Zoning District #1 Zoning Regulation
SETBACK DIAGRAMS SINGLE FAMILY TOWNHOMES NOTE: Yards must be measured from property lines. THESE DIAGRAMS ARE FOR ILLUSTRATIVE PURPOSES ONLY D. Places of worship: Front yard: 40 feet Zoning District #1 Zoning Regulation 15
Rear yard: 25 feet 1 Side yard: 25 feet 1 Corner side yard: 40 feet 1 when adjacent to existing residential uses, this setback shall be increased to 40 feet. E. Eaves, awnings, and similar architectural features may project a maximum of five feet into any front, side, or corner side yard setback, provided that such features shall maintain a minimum distance of five feet to any property line and is not less than eight feet in height above grade. Such appendages shall be supported only at or behind the building setback line. 3. Building Height: The maximum building height allowed in this zone shall be 24 feet. 4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in this zone shall be 30%. 16 Zoning District #1 Zoning Regulation
SECTION 7 LB: LIGHT BUSINESS ZONE 7.1 Purpose and Intent This zone is intended to provide for the development of neighborhood-scale commercial, warehouse, and office business uses, after review of such proposed developments in a public forum, at a maximum of two locations along the north side of Durston Road. On March 9, 1995, the two Light Business locations were established, as shown on the Official Zoning Map. It is also the intent of this zone that new development maintain consistency with the neighborhood character through the use of design standards contained within various sections of this regulation. 7.2 Uses Allowed After Securing a Land Use Permit: 1. Accessory Uses: A. Accessory buildings or structures, including business signs, customarily used in conjunction with permitted uses. See Section 9 for sign regulations. 7.3 Uses Allowed After Securing a Conditional Use Permit: 1. Warehouses and self-service storage facilities. 2. Restaurants. 3. Financial Institutions. 4. Offices - Business, Government, Medical or Other Professional. 5. Convenience Stores (3,500 gross square feet maximum). 6. Gasoline Service Stations (4 pumps maximum.) 7.4 Property Development Regulations: 1. Lot Dimensions: 2. Setbacks: Minimum lot area: 1 acre Maximum lot area: 3 acres Minimum lot width: 125 feet Maximum lot depth: 330 feet A. Warehouses and Front yard: 40 feet self-service storage: Rear yard: 35 feet Side yard: 35 feet Corner side yard: 35 feet Zoning District #1 Zoning Regulation 17
B. Gasoline service Front yard: 40 feet stations: Rear yard: 35 feet Side yard: 35 feet Corner side yard: 40 feet Gasoline pumps may use a 25 foot setback for all yards. (see diagram below for example) C. All other uses: Front yard: 40 feet Rear yard: 50 feet (50 feet if 2 or more stories) Side yard: 30 feet (50 feet if 2 or more stories) Corner side yard: 30 feet 3. Building Height: The maximum building height allowed in this zone shall be 32 feet. 4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in this zone shall be 30%. Maximum lot coverage by impervious surfaces shall be 60%. 5. Outside Storage: All materials, supplies, merchandise or other similar matter stored outside shall be screened from adjoining properties and public roads. The minimum height of any screening shall be six feet. 18 Zoning District #1 Zoning Regulation
SETBACK DIAGRAM GASOLINE SERVICE STATION NOTE: Yards must be measured from property lines. THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY Zoning District #1 Zoning Regulation 19
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SECTION 8 PARKING REQUIREMENTS 8.1 General Requirements: 1. No structure or use shall be permitted or constructed unless off-street parking spaces are provided and maintained in accordance with the provisions of this Section. 2. When a building or use is enlarged the required amount of parking spaces shall be provided in accordance with the provisions of this section. 3. Plan requirements: Two copies of plans for the proposed parking area(s) shall be submitted to the Planning Office at the time of the application for a land use permit or conditional use permit. The plans shall be drawn to a scale of not less than 1 inch to 50 feet, and shall show the locations of all pertinent buildings, driveways, streets, parking arrangements, circulation patterns, markings, lighting, landscaping, pedestrian walks, curbing, and other pertinent features. This provision shall not apply to single-family, duplex, triplex and fourplex constructions. 4. The following parking area configuration standards shall be utilized for all developments (this provision shall not apply to single-family, duplex, triplex and fourplex constructions): PARKING DESIGN STANDARDS A B C D E Angle Stall Aisle Overall Width 30 18' 12' 48' 17' 45 21' 14' 56' 12'-4" 60 22' 20' 64' 10'-5" 90 20' 26' 66' 9' 90 Parking: End stalls parallel to walls, curbs or fences shall have a minimum width of 12 feet. Two-way circulation: Minimum aisle width shall be 24 feet. Zoning District #1 Zoning Regulation 21
5. Paving: Parking areas and access driveways serving commercial / industrial uses shall be paved. Paved parking shall have individual parking spaces marked on the surface, not less than four inches wide. The County Road Supervisor shall review and approve the adequacy of paving prior to opening to the public. Paving requirements for all other uses are stated in the section that addresses that particular use. 6. Handicapped parking: Parking areas must comply with the accessibility standards of the ADA Compliance Guide. 7. For the purposes of this Section, "off street parking" shall mean a space located off any public road for parking of any one vehicle, having access to a public road. 8. For the purposes of this Section, "public road" shall mean a public road by use, a public road easement, or a right-of-way dedicated to the public. 9. Fractional space requirements for a parking space shall be rounded up to the next whole space. 8.2 Single Family, Duplex, Triplex and Fourplex: 1. Two off-street parking spaces shall be provided for each dwelling unit. 2. Location: All parking shall be located on the same premises as the use. 8.3 Boarding Homes and Bed and Breakfast Inns: 1. 1.25 off-street parking spaces shall be provided for each guest room, in addition to the two required parking spaces for the single-family dwelling unit. 2. Location: All parking shall be located on the same premises as the bed and breakfast or boarding home. However, no parking shall occur within the first ten feet of any required yard setback, as measured from the property line. 8.4 Places of Worship: 1. One off-street parking space for each forty square feet of seating / assembly area within such structure. 2. Location: All parking shall be located on the same premises as the place of worship. However, no parking shall occur within the first ten feet of any required yard setback, as measured from the property line. 22 Zoning District #1 Zoning Regulation
3. Paving: Where access to a parking area is from a street or alley which has been paved, or if off-street parking standards require ten or more total spaces, then the parking area and access driveways shall be paved. Paved parking shall have individual parking spaces marked on the surface, not less than four inches wide. The County Road Supervisor shall review and approve the adequacy of paving prior to opening to the public. 4. Sidewalks: A concrete sidewalk a minimum of three feet in width shall be provided between the main building and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. 5. Screening: All open parking containing four or more spaces shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 6. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 7. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. Zoning District #1 Zoning Regulation 23
8.5 Condominiums: D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. 1. Two off-street parking spaces shall be provided for each dwelling unit, plus; 2. Guest parking: 0.25 off-street parking spaces for each unit shall be provided for guest parking purposes. 3. Location: All parking shall be located on the same premises as the condominium project. However, no parking shall occur within the first ten feet of any required yard setback, as measured from the property line. Parking areas could either be held under common ownership, or by separate ownership if two separate spaces exist which adjoin each unit. Guest parking areas must be held under common ownership. 4. Paving: Where access to a parking area is from a street or alley which has been paved, or if off-street parking standards require ten or more total spaces, then the parking area and access driveways shall be paved. Paved parking shall have individual parking spaces marked on the surface, not less than four inches wide. The County Road Supervisor shall review and approve the adequacy of paving prior to opening to the public. 5. Sidewalks: Concrete sidewalks a minimum of three feet in width shall be provided between all condominium units and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. 6. Screening: All open parking containing four or more spaces shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 7. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 24 Zoning District #1 Zoning Regulation
8. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. 9. Lighting: If ten or more parking spaces are required by this section, then lighting shall be placed within parking areas to provide adequate illumination for security and safety. No lighting system used shall face or have its source directly visible from any adjoining residential property, and shall not pose a hazard to passing traffic. 8.6 Convenience Stores: 1. One off-street parking space for each 225 square feet of gross floor area, shall be provided. 2. Location: All parking shall be located on the same premises as the use. However, no parking shall occur within the first ten feet of any required front or corner yard setback, as measured from the property line, and no parking shall occur within the side and rear yard setbacks. 3. Sidewalks: A concrete sidewalk a minimum of three feet in width shall be provided between the main building and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. Zoning District #1 Zoning Regulation 25
4. Screening: All open parking shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 5. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 6. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. 7. Lighting: Lighting shall be placed within parking areas to provide adequate illumination for security and safety. No lighting system used shall face or have its source directly visible from any adjoining residential property, and shall not pose a hazard to passing traffic. 8.7 Financial Institutions; Offices- Business, Government, Medical or Other Professional: 1. One off-street parking space for each 275 square feet of gross floor area shall be provided. 2. Drive-thru service: Facilities using drive-thru services shall provide either one off-street stacking lane for a minimum of six spaces for one drive-thru stall, or stacking lanes for a minimum of three spaces for two or more drive-thru stalls. These spaces shall not count towards the required amount of parking. 26 Zoning District #1 Zoning Regulation
3. Location: All parking shall be located on the same premises as the use. However, no parking shall occur within the first ten feet of any required yard setback, as measured from the property line, and no parking shall occur within the side and rear yard setbacks. 4. Sidewalks: A concrete sidewalk a minimum of three feet in width shall be provided between the main building and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. 5. Screening: All open parking shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 6. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 7. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. Zoning District #1 Zoning Regulation 27
8. Lighting: Lighting shall be placed within parking areas to provide adequate illumination for security and safety. No lighting system used shall face or have its source directly visible from any adjoining residential property, and shall not pose a hazard to passing traffic. 8.8 Gasoline Service Stations: 1. Three off-street parking spaces, plus two off-street parking spaces per pump stall, shall be provided. Parking in pump lanes may be counted toward the required amount of parking. 2. Location: All parking shall be located on the same premises as the use. However, no parking shall occur within the first ten feet of any required front or corner yard setback, as measured from the property line, and no parking shall occur within the side and rear yard setbacks. 3. Screening: All open parking shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 4. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 5. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. 28 Zoning District #1 Zoning Regulation
D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. 6. Lighting: Lighting shall be placed within parking areas to provide adequate illumination for security and safety. No lighting system used shall face or have its source directly visible from any adjoining residential property, and shall not pose a hazard to passing traffic. 8.9 Mobile Home Parks: See County Subdivision Regulations for current parking regulations for mobile home parks. 8.10 Restaurants: 1. One off-street parking space for each 40 square feet of public serving area (including patios), shall be provided. 2. Drive-thru service: Restaurants using a drive-thru system shall also provide an off-street stacking lane for a minimum of six spaces. These spaces shall not count towards the required amount of parking. 3. Location: All parking shall be located on the same premises as the use. However, no parking shall occur within the first ten feet of any required yard setback, as measured from the property line, and no parking shall occur within the side and rear yard setbacks. 4. Sidewalks: A concrete sidewalk a minimum of three feet in width shall be provided between the main building and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. 5. Screening: All open parking shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 6. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. Zoning District #1 Zoning Regulation 29
7. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of one shade tree, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. C. Where off-street parking areas abut public roads, such areas shall be separated from an abutting road by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The minimum width for this planter shall be ten feet, exclusive of perimeter curbs. Up to one-half of this required landscaped planter may be counted toward fulfilling the eight percent minimum landscaping requirement, up to a maximum of 200 square feet. D. All landscaped planters for interior parking areas shall be completely bordered by a six inch by six inch concrete curb to prevent runoff and act as a wheel stop where necessary. 8. Lighting: Lighting shall be placed within parking areas to provide adequate illumination for security and safety. No lighting system used shall face or have its source directly visible from any adjoining residential property, and shall not pose a hazard to passing traffic. 8.11 Townhomes: 1. Two off-street parking spaces shall be provided for each dwelling unit, plus; 2. Guest parking: 0.25 off-street parking spaces for each unit shall be provided for guest parking purposes. 3. Location: All parking shall be located on the same premises as the use. 8.12 Warehousing and Self-Service Storage Facilities: 1. Spaces: A. Warehouse: A minimum of four off-street parking spaces, plus one offstreet parking space for each 5,000 square feet of gross floor area. B. Self-service storage: Two off-street parking areas shall be provided for the resident manager, if any, plus one off-street parking space for every fifty rental units. 30 Zoning District #1 Zoning Regulation
2. Access driveways between self service storage units shall have a minimum width of thirty feet. 3. Location: All parking shall be located on the same premises as the use. However, no parking shall occur within the first fifteen feet of the front or corner side yard setbacks, as measured from the property line, and no parking spaces or access driveways shall be placed within the side and rear yard setbacks. 4. Sidewalks: A. Warehouse: A concrete sidewalk a minimum of three feet in width shall be provided between the main building(s) and parking area(s). Sidewalks abutting parking areas shall be divided with a six inch by six inch concrete curb, with the sidewalk surface raised flush with the top of the curb. Where sidewalk curbs along parking areas also serve as wheel stops, an additional foot of sidewalk width shall be required. B. Self-service storage units: No sidewalks are required along self-service storage units. However, a sidewalk is required between required parking and the resident manager's office. 5. Screening: All open parking shall be effectively screened by a wall, fence or landscaping of no less than seven feet in height from any adjoining residential property. Landscaping used for this purpose shall not be counted toward the minimum landscaping requirements for parking areas. 6. Snow storage: Snow storage areas shall be provided to store snow accumulation on site. Such areas shall not cause unsafe access conditions, nor cause snow to be deposited onto public roads. 7. Landscaping: The following basic standards shall be adhered to: A. All interior areas of parking lots shall be landscaped with a minimum of two shade trees, plus one shade tree for every five parking spaces, as a part of other required landscaping. All trees used shall be at least two-inch caliper for deciduous trees, or a minimum of five feet in height for coniferous trees. B. The minimum required landscaping for parking lots shall be eight percent of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall be counted toward meeting the landscaping requirement, and no landscaped area with a dimension of less than three feet shall be credited toward meeting the landscaping requirement. Zoning District #1 Zoning Regulation 31