17.62.170 Adaptive reuse.
   A.   Purpose. The purpose of adaptive reuse is to provide flexibility in the development standards applicable to landmarks or commercially zoned properties located within a historic district. This process is intended to provide incentives that allow these types of buildings to be modified so that they can remain as economically viable uses while preserving their historical integrity.
   B.   Adaptive reuse proposals shall either be considered a minor or major adaptive reuse, as determined by the following.
      1.   Minor Adaptive Reuse. Adaptive reuse of a landmark or commercially zoned properties shall be minor if the adaptive reuse proposal:
         a.   Is to convert a non-residential use to another use;
         b.   Proposes a structural modification that results in the addition of net floor area not to exceed 25% of the square footage of the structure existing as of the effective date established in Section 17.62.180; or
         c.   Proposes an increase in height beyond the maximum height permitted in the zoning district by no more than 25% of the structure existing as of the effective date established in Section 17.62.180.
      2.   Major Adaptive Reuse. Adaptive reuse of a landmark or commercially zoned properties shall be major unless specifically designated as a minor adaptive reuse.
   C.   Development Standards
      1.   Minor Adaptive Reuse.
         a.   Setbacks.
            i.   Structural additions shall be allowed to encroach into the minimum setbacks of the zoning district in which they are located without the need for a variance or administrative allowance, as long as the additions do not encroach into the required setbacks more than the existing structure does as of the effective date established in Section 17.62.180.
            ii.   Structural additions proposed to be located closer to the property boundaries than the existing structure may encroach into the minimum setbacks without the need for a variance, subject to approval of an administrative allowance in accordance with Subsection 17.62.170(C)(3).
         b.   Height.
            i.   Structural additions shall be allowed to exceed the maximum height of the zone district in which they are located without the need for a variance or administrative allowance, as long as the additions do not exceed the maximum building height more than the existing structure does as of the effective date established in Section 17.62.180.
            ii.   Structural additions proposed to have a height exceeding the height of the existing structure may exceed the maximum building height without the need for a variance, subject to approval of an administrative allowance in accordance with Subsection 17.62.170(C)(3).
         c.   Parking.
            i.   New parking spaces shall not be required, provided that the number of all existing on-site spaces is maintained and not reduced.
            ii.   The location and construction of new parking areas must be designed and located in accordance with the requirements of the zoning ordinance, except that both tandem parking spaces and those that back directly out into the street may be approved if the director finds them to be safe and appropriate.
         d.   Access and Driveways. Existing access and driveways shall be permitted to remain despite the adaptive reuse, unless the city engineer, or his or her designee, determines that the existing access points or driveways create an unsafe traffic condition.
         e.   Open Space and Landscaping. The amount of open space and landscaping required may be reduced or an alternative compliance approach used, which may be approved by the director when it is determined that all reasonable attempts to fulfill the requirements have been exhausted, and the development is not able to accommodate the landscape or open space requirements due to the urban infill or historic characteristic of the development site.
         f.   Nonconforming Uses or Structures. Notwithstanding Chapter 17.64, minor adaptive reuse buildings or structures classified as legal nonconforming uses may be continued, expanded, modified or relocated in accordance with Subsection 17.62.170(C)(1), without losing their status as legal nonconforming uses, solely as a result of the minor adaptive reuse.
      2.   Major Adaptive Reuse.
         a.   Setbacks. May be granted up to 20% reduction in minimum required setbacks, subject to approval of an administrative allowance in accordance with Subsection 17.62.170(C)(3).
         b.   Height. May be granted up to 10% increase in maximum building height, subject to approval of an administrative allowance in accordance with Subsection 17.62.170(C)(3).
         c.   Parking. Parking requirements may be reduced by up to 20%, subject to approval of an administrative allowance in accordance with Subsection 17.62.170(C)(3).
         d.   Open Space and Landscaping. Open space and landscaping requirements may be reduced or modified in accordance with Subsection 17.62.170(C)(1)(e).
      3.   Administrative Allowance Procedures. Relief from specific setback and parking requirements, as well as limited height increases, may be granted by the historic preservation commission in conjunction with the review of a certificate of appropriateness associated with an adaptive reuse application, upon finding the following criteria are met:
         a.   Relief from the requirements is necessary to make the adaptive reuse project economically viable;
         b.   The modification can achieve compatibility with the surrounding development;
         c.   The proposed relief will allow the new construction to complement the historical character of the development; and
         d.   The allowance will not result in a material adverse impact to surrounding properties.
   D.   Construction Standards. All structures proposed for adaptive reuse require a building permit, and must comply with the city’s adopted building codes in place at the time of the issuance of a building permit.
(Ord. 1397.17.47 § 3 (part), 2017)