HomeMy WebLinkAboutOrdinance No. O02-31ORDINANCE NO. O02-31
COMMUNITY ENTRYWAY ZONING DISTRICT
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that
the LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
Chapter 17 shall be amended as follows:
Chapter 17.26. Community Entryway Zoning District
Section 17.26.010. Intent.
Section 17.26.030. Location of District.
Section 17.26.040. Application and Approval Process.
Section 17.26.050. Definitions.
Section 17.26.052. Development Standards.
Section 17.26.054. Landscaping Standards.
Section 17.26.010. Intent.
The purpose of the Laurel Entrywcty Zoning District is to regulate outdoor advertising,
outdoor advertising signs, and outdoor sign; of all types, to provide fair and comprehensive
regulations that will foster a good visual environment for Laurel, enhancing the area in which
we live, and creating an aesthetic and enjoyable appearance for our visitors and our
residents.
The natural landscape in the Yellowstone Valley is a major influence on the form and
character of Laurel. Residents appreciate being able to see the Beartooth Range, the river's
corridor of trees, and the large expanse of sky. The intent of the Community Entryway
Zoning District (EZD) is to promote attractive, high quality development and to provide an
appealing image of the City of Laurel to the traveling public and the people of the community
and region. Further, it is the intent of this district to maintain a sensitivity toward existing
development while preserving scenic vistas and the pastoral ambience and protecting
environmentally sensitive areas. Creativity in meeting these requirements is encouraged with
the overall intent of all development representing the image and economy of the Laurel area--
and not just a reflection of the same commercial buildings, signage, and parking lots that are
seen alongside the interstate across the nation.
Projects in the vicinity of large natural areas/corridors shall be designed to compliment the
visual context of the natural area. Techniques include architectural design, site design, use of
native landscaping, and choices of colors and building materials shall be utilized in such
manner that scenic views across or through the site are protected and man-made facilities are
screened from off-site observers and blend with the natural visual character of the area.
This overlay district provides requirements that are in addition to the existing, underlying
zoning districts in the jurisdictional area of the City of Laurel and are in addition to the
signage standards of the City of Laurel Municipal Sign Code. Except for signage applications,
residential uses in the Entryway Zoning District are exempt from the provisions herein.
The intent of this Section is to:
A. Promote a physical landscape that will assist in making Laurel an attractive
place to live and work and be inviting to new industries.
B. Encourage creativity in design and quality in site planning and development.
C. Reduce the level of adverse impacts from the transportation system on
adjoining lands.
D. Promote development patterns in harmony with the goals and objectives of
Laurel's Growth Management Plan.
H. Promote compatible land use transitions with a sensitivity toward existing
residential uses.
Non-commercial/industrial uses falling within the EZD are exempt from the requirements of
the EZD except as such requirements pertain to signage.
Section 17.26.030. Location of District.
The Community Entryway Zoning District (EZD) shall extend 300 feet on either side of
Interstate 90 right-of-way as it extends through the Laurel Zoning Jurisdictional Area, an area
that extends outside of the City municipal limits one mile.wv~;~-,~ , .....~e, .u~ ........ T~,~r~tate~
..................... , ..................................................... e extra-
r~fig-ht-Aq~;au~. Specifically, along the Interstate on the east side of Laurel, the EZD shall
extend as described from the limit of the extra-territorial zoning boundary west to Bernhardt
Road. On the west side of Laurel on either side of the Interstate the EZD shall extend from
the limit of the extra-territorial zoning boundary to Eighth Avenue. The District shall also
include that area 300 feet on either side of North First Avenue from the boundary of the extra-
territorial zoning boundary south side through the City to include First Avenue to the point
where South First tums ' · ~ n ~ ~,
~nto US H~ghway ..... 212-310 and exists the extraterritorial
zoning boundary.
Section 17.26.040. Application and Approval Process.
A. All plans and applications for development shall be submitted to the City-
Cotmty Planning Board. All applications involving signs shall be submitted to the Public
Works Department which shall provide a copy thereof to the Planning Board. All
applications must be submitted and signed by the property owner, lessee, the contract
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purchaser, or the authorized agent of the property owner. Approval is required prior to any
construction activity.
B. Each application shall include; but not be limited to the following information:
a. The name and address of the property owner;
b. The name and address of the applicant;
c. The legal description of the parcel;
d. A map drawn to scale showing the dimensions, acreage, location of the
parcel, north arrow, streets and adjacent land uses;
e. A complete site plan drawn to a scale of no less than 1" = 40' showing
the dimensions and locations of all structures, streets, paving, parking, landscaping, signage,
waterways or other significant features of the development;
f. Complete elevation drawings drawn to scale including the dimensions
and height of the structure; and
g. Signage Plan specifications, location, and ground lighting pattern
(applications for signs only--see Section 17.26.050).
h. Application review fee.
C. Within fifteen (15) working days following the submittal of a complete
application, the Plam~ing Director, other City designee, or the Public Works Department (in
the case of signs) shall issue approval for development or sign or a denial of the application,
unless the applicant consents in writing to an extension of the review period. Should the
application be denied, the applicant shall be notified in writing specifying the reasons for the
denial.
Section 17.26.050. Definitions.
All terms shall have the same meanings as defined elsewhere in the City Zoning Ordinance or
City signage regulations. The standard dictionary meaning shall be applied to terms not
otherwise defined.
Section 17.26.052. Development Standards.
A. Signage:
1. All signage in the EZD that is not on-premise (see definitions section of the
City Sign Ordinance) shall be monument style signage, i.e., signs mounted directly to the
ground with a maximum height not to exceed ten feet. On-premise signs within the EZD are
exempt from the signage provisions of the EZD but not from the requirements of the City
Signage Ordinance. An on-premise sign is a sign that advertises solely for the business on
the specific tract of record on which it is located
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2. Review consideration: Signage in the EZD needs to recognize the relationship
between adjacent land uses and the natural features of the location such as eXisting views and
proximity to residences. Although signs perform a function in providing information
concerning services, products, and businesses, a profusion of signs produces a cumulative
effect that cancels out individual effectiveness and detracts from the appearance of the
community as a whole. All signage shall be reviewed with the following considerations and
criteria:
a. Use of subdued, low-key colors.
b. Location, size, and height that do not obstruct views of the community,
the river corridor, traditional open spaces, or the mountains.
c. Sign is built of permanent, durable materials.
d. Size and location avoids or minimizes the sense of clutter with nearby
signs.
e. The sign is professionally prepared and finished on both sides.
f. The location and placement of the sign will not endanger motorists or
pedestrians and does not interfere with the clear vision triangle at street, railroad, or street
driveway intersections.
g. The sign will not cover or blanket any prominent view of a structure or
facade of historical or architectural significance.
h. The sign will not obstruct views of users of adjacent buildings to side
yards, yards, or to nearby open space.
i. The sign will not negatively impact the visual quality of a public open
space such as a recreation facility, square, plaza, court yard and the like.
j. The sign cannot be seen from the Yellowstone River or any City,
County, or State park or--if it can be seen--it must he located one thousand feet from the
boundaries of such spaces.
3. Only one sign is allowed per parcel of record and there shall be at least one
thousand feet between signs.
4. A construction permit is required whenever the sign copy is changed and any
alterations to the sign are made. Each permit must be renewed on a yearly basis. Permits for
renewal and copy change can be obtained via the Laurel Internet site and can be mailed to the
Public Works Department along with the required fee.
5. Signs shall be limited to one hundred and sixty square feet in copy area.
6. Non-conforming signs are required to be brought into compliance with this
ordinance within six years from the date of adoption of this ordinance or upon the earliest
occurrence of the following events:
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The sign is relocated or replaced.
The structure or size of the sign is altered in any way.
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c. The sign suffers more than fifty percent appraised damage or
deterioration or the sign is taken out of service for any reason, such as being knocked down
by weather or other means.
d. If any non-conforming sign is abandoned or voluntarily discontinued
for a period of 180 days, any subsequent use must be in conformity with this ordinance. An
abandoned sign is a sign which no longer identifies or advertises a bona fide business, lessor,
service, owner, product, or activity, and/or for which no legal owner can be found. An
abandoned sign is to be removed by the owner within fifteen days of notice from the Public
Works Department.
the EZD.
No portable signs as described in the City Signage Ordinance are allowed in
8. Lighting: All sign lighting must incorporate cut-of shields to direct light
downward. Luminaries shall not be visible from adjacent streets or properties. A sign's
lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare,
reflect, or spill onto adjacent business or residential areas. ^ u o; ..... ~;~.h.;.,~ ~u ~,~ · .... ~
B. Building Design Standards.
1. All buildings shall be completed on all sides with one of the following
flhishing material: brick, fluted block, colored textured block, glass, stucco, architectural
concealed fastener metal panels, exterior insulation and finishing systems (i.e., Dryvit, etc.),
stone or wood. Exposed seam metal buildings shall be prohibited unless covered with an
acceptable finishing material.
2. Roofs shall be finished with a material that is architecturally compatible in
color and design with the construction of the building. Metal roofs, fascia, and mansards shall
be limited to the following: standing sean~, metal shakes or shingles and architectural metal
treatments. All mechanical equipment placed on top of any roof shall be screened by a parapet
or other similar architectural apparatus being at least the height of the mechanical equipment.
Pitched roofs are encouraged whenever possible.
3. Long, flat facades that front on the interstate highway, First Avenue North or
First Avenue South having more than one hundred lineal feet are prohibited. Buildings over
one hundred feet in length shall incorporate one of the following: recesses, off-sets, angular
forms, landscaping features or other architectural features such as bell towers, clock towers, to
provide a visually interesting shape. The break in the facade shall be minimum of eight (8)
feet in length. A single uninterrupted length of a facade shall not exceed one hundred (100)
lineal feet. It is encouraged that each offset area contains landscaping or other similar
amenities which will complement the offset area.
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C. Additional Provisions for Commercial Uses.
1. Storage of Merchandise. Any permitted storage of merchandise outside an
approved building shall be within an area enclosed with a sight obscuring fence at least six
feet in height that is architecturally compatible in color and design with the building.
However, promotional displays, vehicle sales lots and plant materials may be displayed
outside of an approved building or enclosed area so long as they are placed appurtenant to a
building wherein the business displays the bulk of its goods for sale. In addition, retail
nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise
shall not include any used equipment. Bufferyards or required landscaping shall not be used
for the displaying of merchandise.
2. Site Lighting: All outdoor lighting shall be designed, located and mounted at
heights no greater than 18 feet above grade for non-cutofflights and 35 feet above grade for
cutoff lights. All outdoor lighting shall be designed and located such that the maximum
illumination measured in foot-candles at the property line shall not exceed three-tenths (0.3)
foot-candle for non-cutoff lights and o~ three (3. O) foot-candles for
cutoff lights.
3. Storage of Junk: No person shall store junk, partially or completely dismantled
vehicles, or salvaged materials in any commercial zone outside a building. In the case of
automobile repair shops, such materials must be enclosed within a building or an area having
a sight-obscuring fence at least six (6) feet in height.
4. Solid Waste Area: All solid waste storage facilities shall be located within an '
area enclosed with a sight-obscuring fence or wall that is architecturally compatible in color
and design with the building.
D. Cell Towers:
No wireless communication facilities are allowed in the Eutryway Zone.
Section 17.26.054. Landscaping Standards.
Landscaping in the form of trees, shrubs, and groundcover serve several purposes: The
softening of harsh building forms and paved areas, the absorption of ground water, the
reflection of seasonal color change, the provision of sound barriers (such as around utility
substations or industrial yards), and urban wildlife habitat.
A. Landscaping Def'mitions.
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Canopy tree: A species of tree which normally bears crown foliage no lower than six feet
above ground level upon maturity. Minimum size of canopy tress shall be 2.5 inches in
caliper.
Evergreen tree or shrub: A tree or shrub of a species which normally retains leaves/needles
throughout the year. Minimum size of evergreen trees shall be five feet in height.
B. Landscaping.
1. Bufferyard Requirements: All commercial/industrial land uses are required to
place a bufferyard (landscaping strip) adjacent to and along the length of I-90, First Avenue
North, or First Avenue South on which the use fronts. Such landscaping buffer shall extend
from the edge of the public right-of-way. Placement and landscaping design shall be at the
discretion of the developer, and the required trees and shrubs may be clustered to enhance the
view of the property from the public right-of-way as long as such uses conform with Section
17.26.052.C of this Ordinance. A local design professional or local nursery must be consulted
for assistance with the development of the landscape design. The use of native, drought-
tolerant plant material is strongly encouraged. Evergreen trees are encouraged for bufferyards,
and canopy trees are encouraged for parking areas. The planting of trees should be done in
such a manner as to provide maximum solar efficiency throughout the site.
a. The developer shall have the option of one of the following three
bufferyards. Bufferyard depth is measured from the property line adjacent to the public right-
of-way inward. Any buffer area which overlaps another buffer area shall be subtracted from
the total to avoid double counting. The number of trees and shrubs required is per one
hundred (100) feet of frontage:
Shrubs
(2)
Shrubs
(3)
Shrubs
25 foot wide bufferyard: 5 Canopy or evergreen trees, 10
20 foot wide bufferyard: 10 Canopy or evergreen trees, 15
15 foot wide bufferyard: 15 Canopy or evergreen trees, 20
b. The following criteria shall also apply to the bufferyards.
(1) The landscape strip may be contoured. Berming shall be one
foot of rise to four feet of run with a minimum of three feet in height. Depressions shall be no
lower than the existing grade of the site.
(2) All landscaped areas shall contain ground cover such as sod,
shrubs, flowerbeds, or organic materials. No more than ten percent of the lm~dscaped area
shall contain rock, bark chips, stepping stones, or similar material.
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(3) All landscaped areas shall be sub-irrigated, maintained, and
kept free of weeds, debris, and litter. Failure to do so constitutes a zoning violation. Existing
mature trees and shrubs should be preserved and will be credited toward landscaping
requirements.
(4) Depth of bufferyard shall depend on density of vegetation.
(5) All new utility lines shall be placed underground.
(6) New tree plantings shall not be constructed so as to grow into
existing overhead utility lines.
C. Off-Street Parking Lot Landscaping.
Landscaping shall be provided within all parking areas as follows:
Parking lots containing more than ten spaces shall contain internal areas of landscaping
totaling at least ten percent of the parking area. Each planting area shall contain at least 300
square feet and at least one major tree and groundcover with irrigation. There must be a
clearly designated pedestrian route from the parking lot to the street or main entrance.
1. A minimum of twenty square feet of landscaped area shall be provided for
each parking space on parking lots containing more than ten spaces.
2. Two canopy and/or evergreen trees and five shrubs shall be required for every
ten parking spaces or component thereof over ten parking spaces.
3. All landscaped areas shall contain ground cover such as sod, shrubs,
flowerbeds or organic materials. No more than 25 percent of the landscaped area shall contain
rock, bark chips, stepping stones or similar material.
five feet.
The minimum width and/or length of any parking lot landscaped area shall be
5. Internal parking lot landscaping provided shall be proportionately dispersed, at
the developer's discretion, in order to define aisles and limit unbroken rows of parking. The
maximum horizontal or vertical unbroken length shall be limited to one hundred feet.
Landscaped areas provided shall be in a scale proportionate to parking lot.
6. Any development that has parking abutting a required bufferyard, may extend
the width of parking landscaping plant material. The minimum bufferyard width and that
bufferyard a minimum of five (5) feet and include the additional required landscaping
material is required in addition to the parking landscaping.
7. Protection of Landscaped Areas. Landscaped areas within parking lots or the
along perimeter of the property must be protected from vehicular traffic through the use of
continuous concrete curbs, extruded asphalt or other approved permanent barriers.
8. All new utility lines shall be placed underground.
D. Commercial Uses Abutting Residential Uses.
All commercial uses abutting residential uses shall install a bufferyard. The bufferyard shall
be ten (10) feet wide and shall contain ten (10) evergreen and/or canopy trees and ten (10)
shrubs per one hundred (100) lineal feet. A solid fence or wall that is architecturally
compatible in color and design with the building shall be required on the property line. The
fence height shall be a minimum of six (6) feet. Chain link or other wire fencing material is
prohibited.
E. Fractions in the Calculation of Number of Trees and Shrubs.
In the calculation of trees and shrubs for bufferyards or parking landscaping, all fractions shall
be rounded to the nearest, highest whole number.
This ordinance shall become effective thirty (30) days after final passage by the City Council
and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
June 18 ,2002, by Alderman Olson
Amended at a regular council meeting of the City Council on November 6
upon motion by Alderman East:on
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PASSED and ADOPTED by the Laurel City Council on second reading this 19th
day of November ,2002, uponmotion of Alderman Dart:
APPROVED BY THE MAYOR this
ATTEST:
M~~K. ~bleton, Clerk-Treasur~
J so 5, Attomey --
19th ~day of November
,2002.
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The issue of grandfathered/non-conforming uses is already addressed in the existing zoning
ordinance as follows:
Section 17.56.010 Nonconforming use designated.
Any lawful use of the land or buildings existing at the date of passage of the ordinance
codified in this chapter, and located in a district in which it would not be permitted as a new
use under the regulations of this chapter, is declared to be a nonconforming use, and not in
violation of this title at the date of adoption of the ordinance codified in this chapter;
provided, however, a nonconforming use shall be subject to, and the owner shall comply with
the regulations set out in Sections 17.56.020 through 17.56.070.
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