The downtown overlay district provides design requirements for land and structures in all underlying zoning districts within the district to create a consistent appearance and distinctive identity throughout the downtown overlay district that ensures that future development conforms to the design, direction, and intent of the downtown area plan and the Wasilla comprehensive plan. The intent is to create an identity that will enhance economic vitality and property values; foster smart, pedestrian friendly and sustainable growth; improve the aesthetics of the built environment, business viability, and public safety in the downtown overlay district; address issues of traffic, traffic operations and congestion, transit, bicycle and pedestrian access and safety; create a town center; and establish a uniform procedure for review and approval of projects. The major goal of the downtown overlay district design standards is to ensure that the future development of land in the downtown overlay district will conform to the design, direction and intent of the downtown area plan and the Wasilla comprehensive plan. (Ord. 25-14(AM) § 2, 2025)

The boundaries of the downtown overlay district shall be as shown on the official zoning map of the city of Wasilla, Alaska. The terms and conditions of the downtown overlay district supplement the regulations in all underlying zoning districts within its boundaries, and modifies and supersedes any conflicting regulations in the underlying zoning district or any other requirements of this title. (Ord. 25-14(AM) § 2, 2025)

The document titled “Downtown Overlay District Design Standards” is available at the planning department and is incorporated by reference into this chapter. The Downtown Overlay District Design Standards are mandatory minimum standards for the development of land and structures in the downtown overlay district. These standards ensure that the vision of the community is reflected in the future built environment and supplement and are adjunct to the downtown area plan and the Wasilla comprehensive plan. When requirements in these documents conflict, the most restrictive provision shall govern. (Ord. 25-14(AM) § 2, 2025)

The following chart summarizes the uses permitted in the downtown overlay district and the type of review required for each use (AP = administrative permit, CUP = conditional use permit, TUP = temporary use permit). More than one building housing a permitted principal use may be erected on a single lot; provided, that each building and use shall comply with all applicable requirements of this title.

A. In addition to any uses prohibited in the underlying zoning district, the following uses are prohibited in the downtown overlay district:

A. Approval of Plans Required. No improvements shall be constructed, erected, placed, altered, maintained, or permitted to remain on any building site by any owner or occupant until final plans and specifications have been submitted to and approved in writing by the city planner for administrative permits or planning commission for conditional use permits. Such final plans and specifications shall be submitted in duplicate with the authorized signature of the owner and/or occupant of the building site, or the authorized agent thereof. The plans and specifications shall be in such form and shall contain such information as may be reasonably required by the city planner and the design must comply with the then-current district design standards established for the downtown overlay district. (Ord. 25-14(AM) § 2, 2025)

A. The following project types require permitting:

B. Landscaping. Except as otherwise provided in this title, a landscaping plan is required to screen parking facilities and meet landscape requirements.

C. Parking. A plan for meeting the parking requirements associated with new building construction is subject to design review. Any proposed additional parking for an existing building is also subject to review.

D. Demolition. Design review is required before demolition of a building with historical significance. Request for demolition permit must be submitted to the city planner accompanied by a plan for a replacement building or an explanation for a decision not to erect a replacement building.

E. Exemptions From Review. The following do not require a permit in the downtown overlay district:

F. Application and Review.

If changes to the site plan that is submitted with an application are required as conditions of the approval of the application, the applicant shall submit a revised site plan that incorporates the required changes before the application is approved. The approved site plan shall be part of the approved application, and development under the approved application shall comply with the approved site plan. (Ord. 25-14(AM) § 2, 2025)

A. Commencement of Work. Upon approval of the plans and specifications, the applicant shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one year from the date of approval. If work is not so commenced, approval shall be deemed revoked unless the city planner, pursuant to written request made and received prior to the expiration of the one-year period, extends the period of time within which work must be commenced.

B. Completion of Work. Any improvement that has received final approval shall be prosecuted diligently and in a workmanlike manner and shall be completed within 18 months from the construction starting date. In the event of strike, fire, national emergency, natural disaster, or other supervening force beyond the control of the applicant, the city planner may, upon written request made and received prior to the expiration of the period, extend the period of time within which work must be completed. (Ord. 25-14(AM) § 2, 2025)

A. Buildings and Site Improvements. Each building site and all improvements thereon (whether occupied or vacant) including, without limitation, buildings, walls, walkways, fences, screens, driveways, parking areas, and/or signs shall at all times be constructed, kept, and maintained by the owner or occupant in a neat and attractive condition. All repairs, alterations, replacements, or additions to such improvements shall be at least equal to the original work quality and class. The necessity and adequacy of such repairs shall be measured by the same standard as set forth herein for the original construction and maintenance. Landscaping shall be maintained in a well-kept condition. Upon the failure of any owner or occupant to repair and maintain improvements to a building site to the reasonable satisfaction of the city, the city or its authorized representatives may in its reasonable discretion (but without obligation to do so) after seven days’ written notice to the owner and to the occupant (if other than the owner) enter upon such building site and perform the necessary repair or maintenance when and as often as the same is necessary in its reasonable judgment. The owner of the building site (and when occupied by a nonowner, the occupant) shall be personally liable to the city for the cost of such necessary repair and/or maintenance as was incurred by the city.

B. Grounds. The grounds of each building site (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any owner and/or occupant to maintain the grounds of a building site (whether vacant or occupied) in a neat and attractive condition, the city may (but shall be under no obligation to) after 10 business days’ prior written notice to such owner and/or occupant (if other than the owner) enter upon the building site and have the grass, weeds or other vegetation cut or trimmed when, and as often as, the same is reasonably necessary in its judgment and may have dead trees, shrubs and/or other plants and trash removed therefrom and, if appropriate, replaced. The owner of the building site (and when occupied by a nonowner, the occupant) shall be liable to the city for the cost of any such cutting, clearing, maintenance, or removal determined by the city to be necessary. (Ord. 25-14(AM) § 2, 2025)

A. The planning commission may grant design exceptions if a proposed project is a unique and exceptional design concept that enhances the downtown overlay district, or if by reason of unusual circumstances, the strict application of any provision of this section would result in exceptional practical difficulty or undue hardship due to the circumstances unique to the particular property in question as provided in this section. The planning commission may impose additional conditions to ensure that the design is consistent with the purpose and intent of this chapter.

B. After the preapplication conference, the applicant shall submit an application for the design exception to the city planner with the appropriate application fee. The site plan for the application shall depict all information relevant to the requested waiver or modification. (Ord. 25-14(AM) § 2, 2025)

A. The planning commission shall hold a public hearing on the application. The notice, comment period, and hearing procedure shall be the same as provided in WMC Chapter 16.95 for conditional use permits.

B. Permit applications with a design deficiency may be submitted to the commission as a conditional use permit application. The planning commission may consider any of the following alternatives to offset a design deficiency, if they find that the proposed alternative will serve the purpose of this section:

C. Decision. The planning commission may approve a permit with a design deficiency only if they find that the application meets one or more of the following standards: