The intent of this article is to regulate nonconforming lots,
uses and structures. This article intends to be realistic so that
nonconforming vacant lots of record can be reasonably developed, nonconforming
existing structures can be properly maintained or repaired, and nonconforming
uses can continue to be changed to other less nonconforming uses or
to conforming uses. When nonconforming uses cease operation, the intent
of these regulations is not to allow them to be reestablished after
a twelve-month period of dormancy. These regulations are designed
for the betterment of the community and for the improvement of property
values.
[Amended 9-12-2022 by Ord. No. 2022-105]
A. Vacant lots. Except in the Shoreland Zone, where a vacant nonconforming
lot was part of a subdivision approved in conformance with City and
state subdivision regulations and statutes, said lot may be constructed
upon in accordance with the zoning requirements in effect at the time
the lot was lawfully established, provided the proposed use is a permitted
one. This provision shall apply only to a vacant lot that has never
been built upon.
B. A single nonconforming lot which, at the effective date of this chapter,
does not meet the minimum lot size or minimum road frontage may be
built upon without a variance, provided that such lot is not contiguous
with any other lot in the same ownership, and provided further that
all other provisions of this chapter are met.
C. Where a nonconforming lot cannot meet the yard setback requirements of this chapter, the Zoning Board of Appeals may grant a variance in accordance with provisions of Article
XV. No variance shall be granted if the lot is by deed connected to an adjacent lot in the same ownership and their combination meets the standards of the Zoning District in which the lots are located.
D. If two or more contiguous lots or parcels are in single or joint
ownership of record and if any of said lots or parcels does not individually
meet the dimensional requirements of this chapter or subsequent amendments,
and if one or more of the lots are vacant or contain only an accessory
structure, the lots or parcels shall be combined to the extent necessary
to meet all applicable dimensional standards. This provision does
not apply to a nonconforming lot that was part of a subdivision approved
in conformance with City and state subdivision regulations and statutes.
[Amended 9-12-2022 by Ord. No. 2022-105]
The following design standards must be used when new residential
construction is proposed for a nonconforming lot located in the Residential
Growth Area 1 or Residential Growth Area 2 districts. The purpose
of these standards is to ensure that increased density in established
neighborhoods makes a positive contribution to the character of the
City's urban neighborhoods, while continuing to provide housing for
all members of the community. Architectural similarity, not sameness,
together with similarity in scale and massing, are the key focus of
these standards.
A. The measurement of the immediate neighborhood is as follows:
(1)
On the same side of the street, by counting six houses to the
left and six houses to the right of the proposed building; and
(2)
On the opposite side of the street, by counting the house most
directly opposite the proposed building and then counting six houses
to the right and six houses to the left.
B. Building construction material. Buildings must be constructed on
a foundation and framed on the site, unless the building meets the
state modular home guidelines.
C. Building design.
(1)
Porches. There must be a porch at all main entrances that face
the street or private way. In the case of corner lots, the main entrance
that faces the most traveled way shall be used. New homes are required
to have a porch if either of the following situations exists: if an
existing home on either side of the building lot has a porch or 50%
or more of the homes in the immediate neighborhood of the proposed
building have porches.
(a)
Single-story buildings. The porch or deck of a single-story
building is not required to have a roof but must be at least three
feet wide and three feet deep.
(b)
Two- or more story buildings.
[1]
If the porch projects out from the building it must have a roof.
[2]
If the roof of a required porch is developed as a deck or balcony,
it may be flat, otherwise the roof must have a similar pitch to the
main building.
[3]
If the main entrance is to a single dwelling, the covered area
provided by the porch must be designed in a similar style and dimension
to an existing porch in the immediate neighborhood. The style chosen
shall be approved by the Code Enforcement Officer.
[4]
If the main entrance is to more than one dwelling unit, the
covered area provided by the porch(es) must at least cover the main
entrances to the building and be designed in a similar style and dimension
to an existing porch in the immediate neighborhood. The style chosen
shall be approved by the Code Enforcement Officer.
(c)
In all cases, if no applicable porch designs are available in
the immediate neighborhood, the Code Enforcement Officer may approve
an alternate design that best matches the roof slopes and design of
the proposed building.
(2)
Columns. If the front porch at a main entrance provides columns
as supports, the columns may not be unadorned four-by-four posts or
wrought iron.
(3)
Windows and doors. Street-facing windows must be vertical. Where
abutting properties have sash that are divided, then new buildings
shall have complementary window designs. Windows in rooms with a finished
floor height four feet or more below grade are exempt from this standard.
(4)
Roofs.
(a)
Pitch. Primary structures must have a sloped roof with a pitch
that is similar to abutting properties. The use of flat roofs must
use the following:
[1]
The cornice meets the following conditions:
[a] There must be two parts to the cornice. The top
part of the cornice must project at least six inches from the face
of the building and be at least two inches further from the face of
the building than the bottom part of the cornice; and
[b] The height of the cornice is based on the height
of the building as follows: buildings 10 feet tall or less must have
a cornice at least six inches high.
(b)
Buildings greater than 10 feet and less than 35 feet in height
must have a cornice at least 12 inches high.
(c)
Eaves. Roof eaves must project from the building wall at least
12 inches on all elevations. Buildings that take advantage of the
cornice option are exempt from this standard.
(5)
Landscaping. Landscaping must be provided as follows:
(a)
At least one tree, of a two-inch-minimum caliper, must be provided
in front of each residential structure. On corner lots, there must
be one tree for each 50 feet of frontage on the side street. Such
tree(s) shall be guaranteed by the landowner for a minimum of one
year.
(b)
Screening shall be provided in the nondriveway side yard in
order to provide a buffer to the adjacent lot. The Code Enforcement
Officer shall determine that such screening meets the intent of this
requirement.
(6)
Vehicle areas.
(a)
Parking areas and driveways must be located to the side of the
primary structure's street-facing facade.
(b)
Attached garages must be set back at least four feet further
from the property's front lot line than the primary structure's street-facing
facade is set back from the property's front lot line.
(7)
Height. Building height shall not exceed the average height
of houses in the immediate neighborhood in existence prior to the
proposed subdivision or individual home.