ARTICLE 9.06 EXTERIOR CONSTRUCTION AND SCREENING REQUIREMENTS

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.

Multifamily dwelling development

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").

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:

Is not less than eight feet in height;

Is constructed of masonry material as defined in this article; and

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:

Constructed of concrete;

Constructed within the public right-of-way or dedicated public access easement;

Run the length of the entire public right-of-way;

Be a minimum of five feet (5') wide; and

Single-family accessory building

Shall be maintained in good repair and condition.

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)

§ 9.06.003 Exterior construction standards.

(a)

Single-family residence development.

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.

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.

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.

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:

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.

Each building elevation shall provide architectural features such as columns, reveals and articulations to break up long facades exceeding 50 feet.

Smooth surface concrete block, or metal finishes, shall not be permitted in nonresidential construction unless approved as part of the design by variance approval.

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.

§ 9.06.004 Service area screening, parking, storage and driving areas for all nonresidential properties.

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:

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.

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.

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.

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.

§ 9.06.005 Screening walls, sidewalks, parking, storage and driving areas for multifamily residential development.

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:

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.

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.

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.

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)

(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)

§ 9.06.006 Variances.

(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)

§ 9.06.007 Nonconforming buildings.

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:

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.

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.