§ 21.66.020. Overlay B-3 General Business District.

The following statement of intent and use regulations shall apply in the Downtown Eagle River Overlay B-3 district:

A.

Intent. The Downtown Eagle River Overlay B-3 district is intended for general commercial uses in areas exposed to heavy automobile traffic. The district specifically is intended for areas at or surrounding major arterial intersections where personal and administrative services, convenience stores and retail shops, and automobile-related services are desirable and appropriate land uses. The extension of the Downtown Eagle River Overlay B-3 district commercial uses along arterials, except as identified in the comprehensive development plan, is to be discouraged.

B.

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

1.

Business, business services, professional services and personal services, including incidental manufacturing or processing of goods for sale at retail or wholesale on the premises, except conditional uses under subsection D of this section and uses prohibited under subsection E of this section.

a.

Large retail establishment, subject to public hearing site plan review.

b.

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.

2.

Offices.

3.

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

4.

Other uses:

a.

Multifamily residential uses, at a density of not less than 12 dwelling units per acre.

b.

Dwellings in commercial structures with a gross floor area not less than 5,000 square feet.

c.

Private clubs and lodges.

d.

Parks, playgrounds and playfields, and government buildings and uses.

e.

Vocational or trade schools.

f.

Child care centers and child care homes.

g.

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.

h.

Roominghouses.

i.

Antennas without tower structures, type 1, 2, 3, and 4 community interest and local interest towers as specified in the supplementary district regulations.

j.

Public, private and parochial academic schools.

k.

Business colleges and universities.

l.

Adult care facilities.

m.

Hospitals and nursing facilities.

n.

Transitional living facilities.

o.

Large residential care facilities.

5.

Computer aided learning center.

6.

Offices and centers for family self sufficiency service.

7.

Unlicensed nightclub, provided such nightclub conforms to the requirements of Section 21.45.245.

8.

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.

Uses and structures customarily accessory and clearly incidental to permitted principal uses and structures are permitted.

2.

Antennas without tower structures, type 1, 2, 3, and 4 community interest and local interest towers as specified in the supplementary district regulations.

D.

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

1.

Utility substations.

2.

Heliports.

3.

Marquees, overpasses and similar substantial projections into public airspace, together with any signs to be mounted thereon.

4.

Planned unit developments.

5.

Drive-in theaters.

6.

Habilitative care facilities.

7.

Liquor stores, restaurants, tearooms, cafes, private clubs or lodges, and other places serving food or beverages involving the retail sale, dispensing or service of alcoholic beverages 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.

8.

Type 1, 2, 3, or 4 community interest and local interest towers that do not meet the supplementary district regulations for a permitted or accessory use.

9.

Snow disposal sites.

10.

Correctional community residential centers, not to exceed 30 residents.

11.

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.

12.

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.

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

2.

Any use which causes or may reasonably be expected to cause excessive noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. 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.

Storage or use of mobile homes.

4.

Truck and heavy equipment repair, service and storage.

5.

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

6.

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

7.

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

8.

Mobile home or manufactured house display lot.

9.

Natural resource extraction.

10.

Camper park.

F.

Minimum lot requirements. Minimum lot requirements are as follows:

1.

Residential uses: As provided in Section 21.40.060.F.

2.

All other uses, including residential uses associated with other uses:

a.

Width: 50 feet.

b.

Area: 6,000 square feet.

G.

Minimum yard requirements. Minimum yard requirements are as follows:

1.

Residential uses: As provided in Section 21.40.060.G.

2.

All other uses:

a.

Front yard: Ten feet.

b.

Side yard: 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.

c.

Rear yard: 15 feet adjacent to a residential district; otherwise, none.

H.

Maximum lot coverage. Maximum lot coverage is as follows:

1.

Residential: As provided in Section 21.40.060.H.

2.

All other uses: Unrestricted.

I.

Maximum height of structures. Maximum height of structures shall be as identified on the Downtown Eagle River Overlay District Height Restriction Map 21.66-B.

J.

Signs. Signs shall 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, subject to the provisions of the supplementary district regulations.

L.

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

M.

Refuse collection. Where applicable, refuse collection facilities shall be provided in accordance with the supplementary district regulations.

N.

Landscaping.

1.

Buffer landscaping. Buffer landscaping shall be planted along each lot line adjoining a residential district.

2.

Perimeter landscaping. Except adjacent to collector or arterial streets, visual enhancement landscaping shall be planted along the perimeter of all outdoor areas used for vehicle circulation, parking, storage or display.

3.

Arterial landscaping. Arterial landscaping shall be planted along all collector or arterial streets.

4.

Visual enhancement landscaping. All areas not devoted to buildings, structure, drives, walks, off-street parking facilities or other authorized installations shall be planted with visual enhancement landscaping.

5.

Maintenance. All landscaping shall be maintained by the property owner or his designee.

(AO No. 2009-26(S), § 1, 7-21-09)