City seeks to tighten window wording

SANDPOINT - What is a window?

The Public Works Committee explored its existential side Wednesday when it asked that exact question in an attempt to shore up loopholes in the city's zoning laws regarding its Fifth Avenue Overlay District.

At issue is the code's lack of a definition on what constitutes a window, which the committee agreed left too much room for interpretation. Councilmembers Carrie Logan and John Reuter both put forward wording stating that windows should not be tinted, covered by permanent fixtures or displays, or installed with an interior wall less than six feet from the window.

The clarification comes after several council members voiced concern about the windows at the nearly-completed Big 5 Sporting Goods store on Fifth Avenue. Logan and Councilwoman Helen Newton said the store's windows - which will be obscured by a wall behind them - did not adhere to the spirit of the law, which requires business in the district to have at least 50 percent window coverage on all first floor facades abutting a public sidewalk.

City Planner Jeremy Grimm said the overlay district, which was introduced before he began his tenure with the city, is good in many  ways but has a number of gaps that could be subverted by developers. Grimm recommended the committee add language to the code to specify exactly what it wants from buildings in the district.

Both committee members - Councilman Michael Boge was absent - said the proposed changes are meant as a patch for the code, rather than a complete overhaul. Because the city's comprehensive plan  will address this issue and is nearly complete, the committee agreed that spending a great deal of time on the ordinance would be imprudent.

While clearing up confusion about windows was the most discussed issue, the committee also suggested changes to the conditional use portion of the ordinance. Logan added a motion to strike the use of dance halls and drive-through restaurants in the district, and Reuter added the sentence, "Drive-through restaurants are expressly prohibited."

Neither the Big 5 nor the Jack in the Box restaurant, which will also reside in the district, will be affected if the committee's changes are put into law.

The proposed changes will move on the Administrative Committee and Planning Commission before going before the full council for a decision.