§ 21.66.015. Overlay R-O Residential-Office District.

The following statement of intent and use regulations shall apply in the Downtown Eagle River Overlay R-O district:

A.

Purpose and intent. The Downtown Eagle River Overlay R-O district is intended to include urban and suburban residential and professional office uses that are needed and appropriate in areas undergoing a transition, or in areas where commercial uses might be damaging to established residential neighborhoods. The Downtown Eagle River Overlay R-O district is further intended to provide a mix of low to medium density residential uses with certain specified business, personal and professional services. The regulations and restrictions in the Downtown Eagle River Overlay R-O district are intended to protect, preserve and enhance the residential uses while permitting uses characterized principally by consultative services or executive, administrative or clerical procedures.

B.

Permitted principal uses and structures. Permitted principal uses and structures are as follows:

1.

Single-family, two-family and multiple-family dwellings.

2.

Hotels, motels and motor lodges on sites with a minimum area of 14,000 square feet, provided that principal access to such uses shall be from streets of class I or greater designation on the official streets and highways plan. Uses involving the sale, dispensing or service of alcoholic beverages may be allowed in accordance with Section 21.50.160. Alcoholic beverage license use for a restaurant or eating place licensed by the state alcoholic beverages control board to sell beer and wine for consumption only on the licensed premises is permitted subject to the administrative site plan review standards in Section 21.50.500.

3.

Boardinghouses and lodginghouses.

4.

Private clubs and lodges. Uses involving the sale, dispensing or service of alcoholic beverages may be allowed by conditional use only.

5.

Parks, playgrounds and playfields, and municipal buildings in keeping with the character of the district.

6.

Museums, historic and cultural exhibits, libraries and the like.

7.

Child care centers and child care homes.

8.

Public, private and parochial academic schools.

9.

Hospitals and nursing facilities.

10.

Residential care facilities, any size.

11.

Transitional living.

12.

Offices of physicians, surgeons, dentists, osteopaths, chiropractors and other practitioners of the healing sciences.

13.

Accounting, auditing and bookkeeping services.

14.

Engineering, surveying and architectural services.

15.

Attorneys and legal services.

16.

Real estate services and appraisers.

17.

Stock and bond brokerage services.

18.

Insurance services.

19.

Photographic services.

20.

Funeral services; provided, however, that crematoriums are specifically prohibited.

21.

Banks, savings and loan associations, credit unions and similar financial institutions.

22.

Private employment agencies, placement services and temporary personnel services.

23.

Headquarters or administrative offices for such charitable or eleemosynary organizations as the Red Cross, Tuberculosis Society, Cancer Society, Heart Association, Boy Scouts, Girl Scouts and similar quasi-public organizations of a noncommercial nature.

24.

Veterinary clinics, provided that all facilities used for animal care at the clinic are completely enclosed within the building.

25.

Churches, to include any place of religious worship, along with their accessory uses, including, without limitation, parsonages, meeting rooms and child care provided for persons while they are attending religious functions. Use of church buildings other than the parsonage for the purpose of housing or providing shelter to persons is not permitted except as otherwise allowed in this title.

26.

With a permitted non-residential use or residential use of six dwelling units or more as a secondary and subordinate use and as specified in the supplementary district regulations, antennas without tower structures, type 1, 3, local interest towers and type 4 tower structures and antennas.

27.

Barbershops and beauty shops.

28.

Computer aided learning center.

29.

Offices and centers for family self sufficiency service.

30.

Tower, high voltage transmission, maximum average tower height of 70 feet above ground level. The average height shall be determined by adding the heights from ground level of all towers in a project and dividing by the total number of structures. The result shall be the "average tower height."

C.

Permitted accessory uses and structures. Permitted accessory uses and structures are as follows:

1.

Accessory uses incidental to any of the principal uses listed in subsection B of this section.

2.

For hotels, motels or motor lodges having 20 or more rental units, personal and professional service establishments and restaurants which are clearly incidental to the operation of the permitted principal use.

3.

Bed and breakfast with three or less guestrooms.

4.

Bed and breakfast with four or five guestrooms only by administrative site plan review.

5.

Antennas without tower structures, type 1, 3, local interest towers and type 4 tower structures and antennas as accessory uses to other than residential structures of six dwelling units or less as specified in the supplementary district regulations.

D.

Conditional uses. Subject to the requirements of the conditional use standards and procedures of this title, the following uses may be permitted:

1.

Townhouses, row houses and office buildings built to a common wall at side lot lines.

2.

Utilities substations.

3.

Off-street parking spaces or structures.

4.

Planned unit developments.

5.

Privately owned neighborhood community recreation centers in keeping with the character and requirements of the district, provided the center is oriented to a particular residential subdivision or housing project and that the uses within are delineated as conditions to approval.

6.

Habilitative care facilities.

7.

Two or more drive-up bank stations.

8.

Type 1, 2 and 3 local interest towers that do not meet the supplementary district regulations for a permitted or accessory use.

9.

Snow disposal sites.

10.

Tower, high voltage transmission, exceeding maximum average tower height of 70 feet. Towers exceeding the maximum average of 70 feet in height may be replaced with a like tower, or a shorter tower, without the requirement for a conditional use. When a road project or other public works project causes a utility to modify its existing facilities to accommodate the design of the public works project, a maximum of four structures of an existing transmission line may be replaced with structures exceeding the maximum average of 70 feet in height without the requirement for a conditional use.

11.

Storage of equipment used to provide essential services to property within the Downtown Eagle River Overlay District, to include snow plowing, snow removal, parking lot clearing and property maintenance equipment is limited to four pieces. All equipment storage areas shall be screened in accordance with the design standards in AMC Section 21.66.045D.

E.

Prohibited uses and structures. The following uses and structures are prohibited:

1.

Storage for use of mobile homes or Quonset-style huts.

2.

Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate matter, radiation, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. Operation of particle accelerator systems, including cyclotrons, is prohibited. The term "excessive" is defined for the purpose of this subsection as to a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience.

3.

Vehicle sales and rentals which include outdoor display of motor vehicles.

4.

Self-storage facility, which includes outdoor storage of fully operable vehicles.

5.

Mobile home or manufactured house display lot.

6.

Natural resource extraction.

7.

Camper park.

8.

The outdoor storage or display of any scrap, junk, salvaged or secondhand materials, or any salvage yard or salvage operation.

9.

Truck and heavy equipment repair, service and storage.

10.

Open storage of cinders, coal, feed, grain, gravel, manure, muck, peat, sand or topsoil.

F.

Minimum lot requirements. Minimum lot requirements are as follows:

Use	Lot Area (square feet)	Lot Width (feet)
1. Single-family dwelling	6,000	50
2. Two-family dwelling	6,000	50
3. Three- through ten-family dwelling	6,000	50

 

4.

Apartment buildings for 11 or more families may only be constructed on sites having a minimum area of 14,000 square feet and minimum frontage of 100 feet on a class I or greater street.

5.

Lot requirements for all other permitted uses are as follows:

a.

Lot area: 6,000 square feet.

b.

Lot width: 50 feet.

G.

Minimum yard requirements. Minimum yard requirements are as follows:

1.

Front yard: Ten feet, except as provided in the supplementary district regulations.

2.

Side yard:

a.

Single-family, two-family and multiple-family dwellings: Five feet; provided that where buildings exceed 35 feet in height, minimum side yards shall be increased one foot for each five feet in height exceeding 35 feet.

b.

All other permitted uses: 15 feet adjacent to a residential district; otherwise none, provided that all buildings on the lot shall have a wall on the lot line or shall be set back from the lot line at least ten feet.

3.

Rear yard: Ten feet.

4.

Multiple-family dwellings shall provide a usable yard area (open space area as identified in Section 21.66.040B.4.) of 100 square feet per dwelling unit.

H.

Maximum lot coverage by all buildings. Maximum lot coverage by all buildings is as follows:

1.

Single-family, two-family and multiple-family dwellings: 50 percent.

2.

All other permitted uses: Unrestricted.

I.

Building height.

1.

Allowable height. The maximum allowable height within the Eagle River Overlay District is four stories within 66 feet of measured height. Allowable height is reduced to three stories within 40 feet of measured height where the overlay district abuts existing single-family residential development. The boundaries for the three story height restriction are identified on the Eagle River Overlay District Map.

2.

Rules for measuring height.

a.

Building height for most building types shall be measured as the vertical distance from grade plane to the midpoint (median height) of the highest roof surface, as shown in Figure 21.66-1, following this section.

b.

Structures that are not buildings shall be measured as the vertical distance from grade plane to the highest point of the structure.

c.

Where maximum height is measured in terms of stories, any story below grade plane shall be excluded from calculation of the number of stories for determining building height.

3.

Grade plane. The grade plane for determination of structure height shall be the average of existing or finished grade, whichever is lower, abutting the structure at exterior walls. Where the grade slopes away from the exterior walls, the grade plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six feet from the building, between the building and a point six feet from the building.

4.

Establishment of grade. The grade plane shall be calculated using the more restrictive of either the existing grade or the finished grade.

a.

Existing grade. In no case shall the existing grade be altered by grading, such as an artificial embankment or where the ground has been built up to increase the grade around the building, to obtain a higher structure than is otherwise permitted in the district.

b.

Adjustments to establishment of grade. In a case where existing grade or finished grade is, in the judgment of the director, inappropriate or unworkable for the purpose of measuring height, the director shall establish grade in such a way as to be consistent with this section. The proposed grade being requested by the applicant shall not, in the judgment of the director, be detrimental to the general health, safety, and welfare; result in the loss of any public views and shall be reasonable and comparable with the grades of surrounding properties and streets; consistent with the character of the surrounding neighborhood; and necessary for the preservation and enjoyment of substantial property rights of the applicant.

J.

Signs. Signs may be allowed in connection with any permitted use, subject to the provisions of the supplementary district regulations.

K.

Parking. Adequate off-street parking shall be provided in connection with any permitted use as specified in Section 21.45.080.

L.

Loading facilities. Where applicable, off-street loading facilities shall be provided in accordance with the provisions of the supplementary district regulations.

M.

Landscaping. All areas not devoted to buildings, structures, drives, walks, off-street parking facilities, usable yard area or other authorized installations shall be planted with visual enhancement landscaping. The landscaping shall be maintained by the property owner or his designee.

Figure 21.66-1. Building Height Measurement

(AO No. 2009-26(S), § 1, 7-21-09)