(A)   Any legal, non-conforming building or structure which has been damaged by fire or other peril to the extent of more than 50% of its fair market value, as determined by the County Assessor, shall not be restored, except in conformity with the regulations of this chapter, and as specifically provided in subsection (B) of this section.

   (B)   Except as otherwise provided by this chapter or state statutes, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

      (1)   The nonconformity or occupancy is discontinued for a period of more than one year.

      (2)   The nonconforming use or building is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged.

   (C)   Any subsequent use, building or structure not meeting the standards established in subsections (A) and (B) of this section shall be only occupied in a conforming manner.

(Ord. 20220120-01, passed 1-20-22)

 

(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20241120-02, passed 11-20-24)

 

(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20230615-01, passed 6-15-23)

      (1)   In an effort to reduce the quantity and improve the quality of runoff in all areas of the city, no lot shall be covered by more than 50% impervious surface.

         (a)   In residential districts, properties may use pervious pavers to meet impervious surface requirements if approved by the City Council through a variance process in accordance with the city pervious paver policy, which shall be incorporated herein.

         (b)   This standard shall not apply to uses in the CBD, B-1, B-2, and I-1 Districts if the proposed use either causes no increase in surface water discharge or if all discharges are accommodated by a surface water management system or program approved by the city.

         (c)   Properties located within the Shoreland District shall be subject to impervious surface limits as specified in § 151.03.22.

         (a)   All pervious pavers must be designed and professionally installed in accordance with manufacturer’s specifications.

         (b)   Pervious paver installations must be certified by the contractor when complete and shall be subject to the city’s approval. After the first year (365 days from the date of the first certification), the pervious pavers must be recertified every three years or any time the property is sold or transferred to a new owner in order to ensure that the pervious pavers are being properly maintained.

         (c)   All pervious pavers or pavement must be properly maintained. The owner of the property shall be required to provide the city with a maintenance plan to ensure that the use of the pervious pavers or pavement conforms to the manufacturer’s guidelines. The maintenance plan shall include the frequency and type of maintenance that must be performed to properly maintain the pervious pavers or pavement.

         (a)   All installations require at least one observation port made from a perforated pipe (preferably PVC) wrapped in fabric that allows water to enter from the underlying storage layer (sand or gravel).

         (b)   After the installation is complete, the designer/installer shall perform a simulated infiltration test on the pervious pavers or pavement by running a water hose across the surface for a 15-minute period. The city staff shall observe this process and record the length of time it takes for water to reach the observation port. If the water shows up with an allowable variance from the original installation (original time plus 25%), then it passes. Alternatively, the city, in its discretion, may use the manufacturer’s recommended standards or verification process to determine if the pervious pavers or pavement may be certified.

         (c)   After three years, the property owner shall conduct the same 15 minute saturation test and measure how long it takes water to enter the observation port. If the water shows up with an allowable variance from the original installation (original time plus 25%), then it passes, and another certification is conducted in three years. Each recertification must pass the saturation test with original time plus 25%. If it does not pass, then the surface must be rehabilitated (i.e. cleaned/vacuumed) based on the manufacturer’s recommendations, then rechecked upon completion of rehabilitation. Alternatively, the city, in its discretion, may use the manufacturer’s recommended standards or verification process to determine if the pervious pavers or pavement may be certified. Subsequently, the property must be recertified one year from the date that the pervious pavers or pavement were rehabilitated. Thereafter, if the property passes the inspection, the property shall be recertified three years from the date of that inspection.

         (d)   Notwithstanding the certification schedule described above, pervious pavers or pavement must be recertified any time the property is sold or transferred to a new owner.

      (1)   Only one principal structure shall be located, erected, or moved onto a lot in the R-1 and R-2 Residential Zoning Districts.

      (2)   More than one principal structure shall be allowed on a lot for manufactured home park, medium density residential, medium/high density residential, business, industrial, and planned unit development uses as long as:

         (a)   The use specific standards and the standards of the applicable zoning district can be met.

         (b)   A minimum separation of 10 feet per building is maintained.

         (c)   Individual buildings are not sold independently.

         (d)   Any future subdivision can only occur if setbacks of the zoning district can be met and easements established as needed.

(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20230216-01, passed 2-16-23; Am. Ord. 20240515-01, passed 5-15-24)

 

 

 

 

         (b)    For upper stories, façade articulation shall occur for façades exceeding 72 feet in width on a public street, park, or plaza, every 72 feet at a minimum.

         (c)   Articulation techniques include vertical recesses or projections of the building façade, window bays, balconies, and changes in exterior materials.

      (7)   Rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas shall be screened or enclosed with materials compatible with the principal structure.

         (a)   The standards of this section shall apply to the façades of all new buildings, building additions, or building expansions.

         (b)   Exterior materials shall be divided into the following three classes:

            1.   Class I shall be considered high-quality building materials that are long-lasting and durable. These materials are considered architecturally desirable and are designed for a typical life expectancy of 40 years of more. Class I materials include:

               a.   Full veneer fired clay brick masonry walls;

               b.   Thin veneer fired clay brick (adhered);

               c.   Full veneer natural stone;

               d.   Thin veneer, manufactured, or cast stone (adhered);

               e.   Architectural grade cementitious panel rainscreen systems;

               f.   Architectural grade ceramic panel rainscreen systems; and

               g.   Glass, bird-friendly glass, glass curtain wall, and/or glass cladding systems.

            2.   Class II shall be considered standard building materials. These materials are considered architecturally desirable and are designed for a typical life expectancy of 20 years or more. Class II materials include:

               a.   Exterior grade finished wood;

               b.   Masonry stucco;

               c.   Metal wall panel systems (insulated or rainscreen assemblies with hidden fasteners). This shall not include metal siding and corrugated or ribbed metal sheets of any type;

               d.   Integrally colored textural concrete panels;

               e.   Integrally colored specialty concrete block, such as textured, burnished block, or split-face block, or concrete brick; and

               f.   Fiber cement lap siding (residential applications).

            3.   Class III shall be considered lower-cost and trim grade materials. These materials are considered aesthetically inappropriate as a primary building material or are materials which are typically more prone to damage or degradation of quality from weatherization resulting in a typical life expectancy of less than 20 years. Class III materials include:

               a.   Vinyl siding or panels;

               b.   Painted wood;

               c.   Exterior insulation and finish system (EIFS);

               d.   Corrugated or ribbed metal wall panels;

               e.   Smooth or scored concrete block;

               f.   Smooth concrete tilt-up panels;

               g.   Fiber cement lap siding or trim (commercial applications);

               h.   Translucent wall panel systems; and

               i.   Glass block.

         (c)   Front façades and façades facing a public right-of-way shall be composed of at least 50% Class I materials and no more than 10% Class III materials. Side and rear façades shall be composed of at least 40% Class I materials and no more than 20% Class III materials.

         (d)   Each façade must utilize a minimum of two types of Class I materials.

         (e)   Brick or stone exteriors shall not be painted.

         (f)   Exterior building material regulations shall not apply to single-family homes located within the Central Business District.

         (g)   The City Council, after receiving a recommendation from the Planning Commission, may approve additional building materials on a case-by-case basis, provided that such materials exhibit the quality and durability desired and do not detract from the aesthetic character of the building and the surrounding area.

         (h)   Construction shall follow the approved architectural plans. At the discretion of the Zoning Administrator, a request to change up to 5% of the originally approved building materials may be reviewed administratively. Requests for more significant changes, and requests determined by the Zoning Administrator to need additional review, shall follow the site plan permit process identified in § 151.06.12.

         (a)   Tinted windows shall be no darker than 20% tint.

         (b)   Reflective glass is prohibited for windows and doors on ground story façades fronting on a public street, park, or plaza. Non-tinted, clear low-e window coatings are permitted.

         (c)   Glass block is prohibited on all façades, ground and upper stories, fronting on a public street, park, or plaza.

         (d)   For multi-family uses, a minimum of 15% of the area of the ground story front façade shall provide unobstructed views into and out of the building. For all other uses, a minimum of 30% shall be provided. Transparency shall not be blocked by storage, shelving, mechanical equipment, or other visual barriers.

(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20241120-03, passed 11-20-24)

      (3)    For PUDs with both residential and non-residential uses, subsection (F)(1) of this section shall apply to the residential portion of the PUD while subsection (F)(2) of this section shall be used to calculate the appropriate amount of open space for the non-residential portion.

      (1)    In order for a residential PUD in a shoreland area to be processed, the proposed project must have at least five dwelling units or have a total project area of at least 50,000 square feet for a general development lake; 75,000 square feet for a recreational development lake; and 100,000 square feet for a natural environment lake. Determination of allowable densities shall be determined by subsections (C) and (D) of this section.

 

 

         (b)    Proposed locations and numbers of the base number of dwelling units or sites for the residential PUD are then evaluated to determine whether the tiers and suitable area can support these units while meeting the required design criteria in subsections (F) and (G) of this section.

 

         (d)    Divide the total floor area by tier computed in subsection (D)(4)(c) of this section by the average inside living area size determined in subsection (D)(4)(a) of this section (this yields a base number of dwelling units and sites for each tier); and

         (e)   Proposed locations and numbers of dwelling units or sites for commercial PUDs are then evaluated to determine whether the tiers and suitable area can support these units while meeting the required design criteria in subsections (F) and (G) of this section.