It is the express purpose of this article to provide development
standards for the exterior construction of all buildings to improve
the aesthetics, safety, and durability of the buildings and to enhance
the quality of life of for all residents of the city.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(a))
Accessory building or structure
means a building or structure which is on the same parcel
of property as a principal structure and the use of which is incidental
to the use of the principal structure. Not designed or designated
for occupancy.
Corner lot
means a lot situated at the junction of two (2) or more private
and/or dedicated public streets.
Dwelling unit
means a structure or part of a structure containing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation as defined by chapter
2, section 202 of the International Building Code.
Industrial building
means any nonresidential building utilized for manufacturing,
altering, repairing, warehousing, disposing, recycling, salvaging,
reclaiming, refining, or distributing raw materials or products and
that is 50,000 square feet or more in area.
Masonry materials.
(1)
Masonry materials means and includes any form of construction
defined below and composed of brick, stone, decorative concrete block,
rock or other materials of equal characteristics laid up unit by unit
set in mortar; or precast concrete panels.
(A)
Brick shall include
kiln fired clay or shale brick manufactured to ASTM C216 or C652,
Grade SW, can include concrete brick if the coloration is integral,
shall not be painted, and is manufactured to ASTM C1634; minimum thickness
of 2-1/4 inches when applied as a veneer, and shall not include underfired
clay or shale brick.
(B)
Stone shall include
naturally occurring granite, marble, limestone, slate, river rock,
and other similar hard and durable all-weather stone that is customarily
used in exterior building construction; may also include cast or manufactured
stone product, provided that such product yields a highly textured
stone-like appearance, its coloration is integral to the masonry material
and shall not be painted on, and it is demonstrated to be highly durable
and maintenance free; natural or man-made stone shall have a minimum
thickness of 2-5/8 inches when applied as a veneer.
(C)
Decorative concrete block shall include highly textured finish, such as split faced, indented,
hammered, fluted, ribbed or similar architectural finish; coloration
shall be integral to the masonry material and shall not be painted
on; minimum thickness of 3-5/8 inches when applied as a veneer; shall
include lightweight and featherweight concrete block or cinderblock
units.
(D)
Precast concrete panels shall mean products associated with tilt-up wall construction.
(2)
The following materials shall not qualify nor be defined as
"masonry construction" in meeting the minimum requirements for exterior
construction, unless specifically approved by variance:
(A)
Exterior plaster adobe or mortar wash surface material.
(B)
Exterior insulation and finish systems (EIFS), acrylic matrix,
synthetic plaster, or other similar synthetic material.
(C)
Cementitious fiber-board siding (such as "Hardie Plank" or "Hardie
Board").
Multifamily dwelling development
means a structure or group of structures containing two or
more attached dwelling units constructed on one or more contiguous
lots or tracts of land owned by the same or related persons, including
but not limited to common areas, green spaces, amenities, parking
lots, and any other improvements or surrounding land area.
Multifamily dwelling unit
means a structure or part of a structure designed, constructed,
or renovated to contain two or more individual dwelling units, including
but not limited to apartments, townhomes, condominiums, and duplexes.
Nonresidential building
means any building other than a single-family residence,
a multifamily residential dwelling unit, or a single-family accessory
building.
Nonresidential development.
means the construction of commercial, mixed-use, office and
industrial projects, which are not intended for residential purposes.
This includes a structure or group of structures containing one or
more detached or attached non-dwelling or non-residential unit(s)
constructed on one or more contiguous reserves, lots or tracts of
land; including but not limited to, common areas, green spaces, amenities,
parking lots, and any other improvements or surrounding land area
whether improved or unimproved.
Screening wall
means a permanent structure that contains each of the following
design features:
(1)
Is not less than eight feet in height;
(2)
Is constructed of masonry material as defined in this article;
and
(3)
Is not a part of any building or structure constituting a nonresidential
improvement.
Sidewalk
means a paved path for walking and granted to the public
without restriction, obstruction or condition. Sidewalks shall have
the following requirements:
(2)
Constructed within the public right-of-way or dedicated public
access easement;
(3)
Run the length of the entire public right-of-way;
(4)
Be a minimum of five feet (5') wide; and
(5)
Shall be maintained in good repair and condition.
Single-family accessory building
means any enclosed structure constructed in a residential
neighborhood or on a single-family residential property that is adjacent
to a single-family dwelling unit. A single-family accessory building
may be but is not limited to a garage, shed, pool house or barn.
Single-family residence
means a structure used as a single-family dwelling unit,
whether located on a lot or multiple lots.
Storage container
means a cargo container, shipping container or other similar
transportable container with a volume greater than 100 cubic feet
that is suitable for storing building materials, furniture, household
goods and other personal property.
Truck service areas
means any dock doors, such as roll-up loading bay doors,
used for the delivery, unloading and/or loading of products, materials
or goods for shipping or receiving.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 16-791, sec. 1, adopted 12/8/16; Ordinance 17-795, sec. 1, adopted 1/26/17; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007 Code, sec. 12-500(b); Ordinance 24-974 adopted 8/8/2024)
(a) Single-family residence development.
(1) A single-family residence permitted for construction on or after
the adoption of this section shall have at least 50 percent of the
total exterior walls, excluding doors and windows, constructed of
masonry materials.
(2) Carports constructed entirely out of metal are not permitted. Carports
shall be similar in design and material with the main structure.
(b) Multifamily residential building development.
(1) All principal and accessory buildings of a multifamily residential
building development permitted for construction on or after the adoption
of this section shall have at least 80 percent of the total exterior
walls, excluding doors and windows, constructed of masonry materials,
up to 40 percent of which may be stucco.
(2) Carports constructed entirely out of metal are not permitted. Carports
shall be similar in design and material with the main structure.
(c) Nonresidential building development.
The following standards
apply to all new nonresidential building construction and any building
expansion of 50 percent or more in floor area or a significant change
in use of the building from one occupancy to another occupancy classification
in accordance with the adopted building codes:
(1) All nonresidential buildings permitted for construction on or after
the adoption of this section shall have at least 80 percent of the
total exterior walls that front or are visible from a public right-of-way
or adjacent to or visible from a single-family residential property
or multifamily residential development constructed of masonry materials,
up to 40 percent of which may be stucco.
(2) Each building elevation shall provide architectural features such
as columns, reveals and articulations to break up long facades exceeding
50 feet.
(3) Smooth surface concrete block, or metal finishes, shall not be permitted
in nonresidential construction unless approved as part of the design
by variance approval.
(4) EIFS shall generally be used as accent material for window heads,
sills or cornices around the building. EIFS shall not be permitted
as a primary building material.
(5) Carports constructed entirely out of metal are not permitted. Carports
shall be similar in design and material with the main structure.
(6) Requirements for industrial buildings:
(A) 50,001-100,000 sq. ft.: 75 percent brick or stone veneer on the front
facade and 50 percent brick or stone veneer on all other facades if
visible from a public right-of-way, or adjacent to or visible from
a single-family residential property or multifamily residential development.
(B) 100,001 sq. ft. and larger: 75 percent brick or stone veneer on the
front facade and 25 percent brick or stone veneer on all other facades
if visible from a public right-of-way, or adjacent to or visible from
a single-family residential property or multifamily residential development.
Any industrial building constructed with pre-cast concrete panels
shall provide architectural features such as columns, reveals and
articulations to break up long facades exceeding 50 feet and provide
for 50 percent brick or stone veneer on the front facade.
|
(d) Single-family accessory buildings.
Any single-family
accessory building shall be constructed in such a manner and use materials
that match the aesthetic appearance and dimensions of the single-family
dwelling unit.
(e) Exception.
An accessory building 120 square feet or
less is excluded from the exterior construction requirements.
(f) Use of storage container as dwelling.
Storage containers
are not permitted for use as a dwelling unit or incorporated into
the structure of a building that is used for any type of human occupancy.
(g) Storage containers on residential property.
Storage
containers are not permitted to be placed on any single-family residential
property or multifamily dwelling development property for storing
purposes.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 16-791, sec. 2, adopted 12/8/16; Ordinance 17-795, sec. 2, adopted 1/26/17; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007 Code, sec. 12-500(c))
To reinforce the professional image of each nonresidential development
site:
(1)
All truck service areas and mechanical equipment, trash compactors,
noise and odors shall be located at the rear of the property, shall
be screened with a masonry screening wall(s) and include a gate(s)
of solid material so as not to be visible from any public right-of-way
or when adjacent to, or visible from, a lot containing single-family
residential use. Masonry walls shall be maintained in good repair
and condition. Gates must be of a solid material as not to allow visibility
within the enclosure. Proposed screening and gate materials must be
submitted in the form prescribed by the city's building official.
No work may be performed prior to approval in the form of a permit
by the city's building official or designee.
(2)
All dumpsters, storage containers, bins, stored equipment, truck
tractors, tractor trailers, heavy equipment, stored vehicles, stored
ATV/UTV manufactured items, storage tanks, pumps, stored material
shall be screened with a masonry wall and include a gate(s) of solid
material so as to not be visible from any public right-of-way or when
adjacent to, or visible from, a lot containing single-family residential
use. Gates must be of a solid material as not to allow visibility
within the enclosure. Proposed screening and gate materials must be
submitted in the form prescribed by the city's building official.
No work may be performed prior to approval in the form of a permit
by the city's building official or designee.
(3)
Shipping and receiving dock doors must blend with the architecture
of the building they serve and shall not front or be visible from
any public right- of-way.
(4)
All roadways, parking, storage or driving areas must be constructed
of asphalt or concrete materials, meet the city's design and construction
criteria and shall be maintained in good repair and condition. All
asphalt and concrete materials must be submitted in the form prescribed
by the city's building official. No work may be performed prior to
approval in the form of a permit by the city's building official or
designee.
(5)
Sidewalks shall be required, as applicable to this code, in
all nonresidential developments constructed or improved, when adding
fifty percent (50%) or more square footage to an existing structure;
or adding an additional structure of any size that is intended for
occupancy; or adding an accessory structure greater than 400 square
feet; or if improvements exceed fifty percent (50%) of the tax appraised
value of an existing structure or property; or if adjacent to the
public right-of-way.
(6)
Masonry screening walls shall be required as applicable to this
code, in all nonresidential developments constructed or improved,
or a change of use that would otherwise cause enforcement of this
code as a result of the new use, adding fifty percent (50%) or more
square footage to an existing structure; or adding an additional structure
of any size that is intended for occupancy; or adding an accessory
structure greater than 400 square feet; or if improvements exceed
fifty percent (50%) of the tax appraised value of the structure; or
if the development is adjacent to, or visible from, any public right-of-way;
or if the development is adjacent to, or visible from, a lot containing
single-family residential use.
(7)
The screening walls shall be constructed of double wall brick,
thin wall brick, decorative concrete block, or precast concrete panels.
Thin wall columns are to be spaced no greater than 12 feet on center.
The brick shall be clay-fired brick of natural colors. All screening
wall plans and details shall be prepared, approved and sealed by a
licensed civil or structural engineer for permit submission.
(8)
The screening walls shall be located within ten feet of the
property line. Unless screening wall construction shall be constructed
on a corner lot. No screening wall shall be constructed on a corner
lot that does not afford proper visual clearance approved by the chief
building official for traffic approaching the intersection in either
direction. Proper visual clearance shall be maintained for a distance
of not less than thirty (30) feet on each street.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(d); Ordinance 21-903 adopted 7/22/21; Ordinance 24-974 adopted 8/8/2024)
To reinforce the professional image of each multifamily residential
development site:
(1)
Masonry screening walls and sidewalks shall be required in all
multifamily residential developments constructed or improved, adding
fifty percent (50%) or more square footage to an existing structure;
or adding an additional structure of any size that is intended for
occupancy; or if the improvements exceed fifty percent (50%) of the
tax appraised value of the property and/or structure; or if the development
is adjacent to, or visible from, a public right-of-way; or if the
development is adjacent to, or visible from, a lot containing single-family
residential use.
(2)
All truck service areas and mechanical equipment, trash compactors,
noise and odors shall be located at the rear of the property, shall
be screened with a masonry screening wall(s) and include a gate(s)
of solid material so as not to be visible from any public right-of-way
or when adjacent to, or visible from, a lot containing single-family
residential use. All dumpsters, bins, stored equipment, manufactured
items, storage tanks, and pumps, shall be screened with a masonry
wall and include a gate(s) of solid material so as to not be visible
from any public right-of-way or when adjacent to, or visible from,
a lot containing single-family residential use. Gates must be of a
solid material as not to allow visibility within the enclosure. Proposed
screening and gate materials must be submitted in the form prescribed
by the city's building official. No work may be performed prior to
approval in the form of a permit by the city's building official or
designee.
(3)
The screening walls shall be located within ten feet of the
property line unless screening wall construction shall be constructed
on a corner lot. No screening wall shall be constructed on a corner
lot that does not afford proper visual clearance approved by the chief
building official for traffic approaching the intersection in either
direction. Proper visual clearance shall be maintained for a distance
of not less than thirty (30) feet on each street.
(4)
The screening walls shall be constructed of double wall brick,
thin wall brick, decorative concrete block, or precast concrete panels.
Thin wall columns are to be spaced no greater than 12 feet on center.
The brick shall be clay-fired brick of natural colors.
(5)
A combination of brick or stone masonry and decorative metal
tubing/wrought iron wall with brick or stone detailing may be used
to create a change in plane or texture at locations adjacent to the
side yards in front of the building line. Columns shall be constructed
of brick or stone and centered no more than 25 feet on center. Metal
tubing/wrought iron may be painted with epoxy paint a color approved
by the city's chief building official or designee.
(6)
Required wall heights, measured at the spans between columns,
shall be a minimum of eight feet in height from natural grade.
(7)
All screening wall plans and details shall be prepared, approved
and sealed by a licensed civil or structural engineer for permit submission.
(8)
The screening wall shall be constructed and completed prior
to the release of any building permits within the subdivision. If
screening wall construction is underway at the time of final acceptance
of the subdivision infrastructure, then ten percent of the building
permits may be released by the city manager or the city manager's
designee.
(9)
All roadways, parking, storage or driving areas must be constructed
of asphalt or concrete materials, meet the city's design and construction
criteria and shall be maintained in good repair and condition. All
asphalt and concrete materials must be submitted in the form prescribed
by the city's building official. No work may be performed prior to
approval in the form of a permit by the city's building official or
designee.
(10)
The following are prohibited within multifamily residential
developments: storage containers, except those that are temporarily
emplaced for resident movement shall be allowed for no more than seventy-two
(72) hours; truck tractors and/or tractor trailers, other than for
deliveries and/or no more than seventy-two (72) hours. Overnight parking
must be unoccupied and without the truck tractor and/or trailer running.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(e); Ordinance
24-974 adopted 8/8/2024)
(a) The
city council, upon application duly filed by the applicant, may grant
a variance from the terms and requirements of this article upon affirmative
vote of the majority of the city council members present and voting
on such variances. The application for a variance shall set forth
in specific language the grounds or reasons upon which such a variance
request is being made.
(b) The
city council may grant a variance upon submission of design plans
showing that the approach to screening is better than the standards
imposed by this article, or is more compatible with surrounding developed
properties.
(c) At the time the variance application is filed with the city manager or designee, the applicant shall pay a fee as set forth in the fee schedule in appendix
A of this code to defray costs of handling and processing the application and this fee shall not be refundable regardless of the disposition of the application.
(d) The
terms and conditions of the variance, if granted, shall be noted in
the minutes of the meeting or be adopted by a resolution of the city
council. In the event that a variance application is denied by the
city council, no other variance of like kind shall be considered or
acted upon by the city council for the same building or proposed building
for a period of six months subsequent to said denial.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(f); Ordinance adopting 2022 Code)
Where a lawful building exists at the effective date of this
article that could not be built under the terms of this article, it
may continue so long as it remains lawful, and subject to the following
provisions:
(1) Such
a building may not be enlarged by more than 25 percent of its existing
foundation footprint unless the entire building is brought into conformity
with this article.
(2) The
exterior walls of such a building may not be modified, altered, or
enlarged in a way which increases its nonconformity unless the modification,
alteration, or enlargement is in conformity with the provisions of
this article.
(3) Should
a building be destroyed by any means to an extent of more than 50
percent of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
article.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(g))
Any person who shall willfully or intentionally violate any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with section
1.01.009 of the Code of Ordinances. Each day of violation shall constitute a separate offense.
(Ordinance 16-790, sec. 2, adopted 10/27/16; Ordinance 18-815, sec. 2, adopted 2/22/18; 2007
Code, sec. 12-500(h))