(A) Purpose and intent. To provide a zoning classification for a mix of high-density residential and commercial uses. Development in this district relies less on automobile traffic and more on walking, biking and other similar modes of transportation. Infrastructure must be in place to provide on-street parking and walkways as well as connection to city sewer and water systems. Downtown Mixed Use Districts should be clustered to provide the maximum amount of interaction and accessibility between the different establishments.
(B) Compatibility. The Downtown Mixed Use District is most compatible with and should be established next to the Urban Residential (UR) District, but it also may be adjacent to the Urban/Rural Transition Residential (TR), Highway Commercial (C) and Industrial (I) Districts.
(C) Lot and density requirements.
Buildable lot area - square feet, minimum | 2,250 |
Building height - feet, maximum | 45 |
Impervious coverage with storm sewer available | 100% |
Lot width - feet, minimum | 25 |
Maximum density (units per acre) | 20 |
Setback, parking from building or lot line - feet, minimum | 0 |
Setback, rear - feet, minimum | 10 |
Setback, right-of-way, city road - feet, minimum | 0 |
Setback, right-of-way, county or state road, feet, minimum | 0 |
Setback, side yard - feet, minimum | 0 |
Setback, sign - feet, minimum | 0 |
(D) Performance standards. The following performance standards apply to all development in this zone.
(1) Parking. Commercial developments within the DMU District are exempt from the parking standards of § 152.096 of this chapter. Residential development within the DMU District is not exempt. Developments shall minimize the appearance of parking areas.
(a) Location. Parking and vehicle drives shall be located away from building entrances and street corners, and not between a building entrance and the street. Surface parking shall be oriented behind or to the side of a building when possible.
(b) Landscape buffering. Suitable trees and shrubs shall be planted between parking lots and all adjacent sidewalks and buildings.
(c) Maximum parking ratio. Surface parking shall not exceed 125% of the minimum parking requirement for the subject land use(s).
(2) Pedestrian amenities. Proposed developments shall provide for safe and comfortable sidewalks, paths and resting areas for pedestrians. Sidewalks and paths shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.
(3) Lighting.
(a) All lighting shall be sufficient to promote safety with a pedestrian scale.
(b) Where appropriate, lighting should complement the historic downtown lighting theme.
(E) Use of public sidewalk in the Downtown Mixed Use (DMU) zoning district. Any restaurant that is state licensed or retail store may expand their operation onto a part, and only that part of the public sidewalk directly in front of the property under the control of the business owner’s premises (hereafter referred to as the “premises”). All the requirements and restrictions of this section shall apply; provided, however, that city staff may without adverse hearing procedures impose additional reasonable restrictions or withdraw the operation of the outdoor dining where necessary in their judgment to protect the public health, safety, or welfare or to prevent a nuisance from developing or continuing. Withdrawal of approval may be for either a specified time or an indefinite period, within which or after which no such persons shall use the public sidewalk for outdoor dining. Such additional restrictions or withdrawal of approval shall be effective upon delivery of written notice thereof to the person, or an employee of the person at the business premises involved.
(1) This section applies to and permits only outdoor dining activity and the sale and display of merchandise and goods, and does not permit the sale, display or provision of services on the public sidewalk. This section does not apply to or allow the sale and display of merchandise and goods on public sidewalks by transient vendors, mobile food units other persons who do not operate a restaurant or retail business in a building on the private property adjoining the public sidewalk where the sales and display take place.
(2) The use of public sidewalks for outdoor dining or sidewalk sales is only allowed April 1 to November 1 each year.
(3) The location of outdoor dining or sidewalk sale areas shall consider the placement of existing public infrastructure and be located adjacent to the building, allowing pedestrian traffic to flow closest to the curb.
(4) At minimum a 48-inch clear zone for pedestrian traffic shall be maintained at all times, not including the curb.
(5) Tables, chairs, display racks or any other furnishings, shall be allowed overnight in the area used for the outdoor dining or sidewalk sales when the restaurant or business is closed. However, umbrellas or temporary canopies shall be removed upon closing each night. All furniture placed on the sidewalk shall be suitable for and manufactured for outdoor use and shall be maintained in good condition.
(6) The use of a portion of the public sidewalk for outdoor dining or sidewalk sales shall not be an exclusive use nor shall it be construed as authorizing any permanent installation to be placed in the public right-of-way. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public-initiated sidewalk use and/or maintenance procedures, shall take precedence over said use of the public sidewalk at all times.
(7) No alcoholic beverages shall be allowed in the outdoor dining area except with the appropriate on-sale liquor license issued by the city. The license holder shall, in addition to all other requirements of law, take reasonable steps to ensure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously intoxicated, and ensure that alcoholic beverages served to patrons remain on the licensed premises.
(8) No outdoor dining areas or sidewalk sales shall become operational until the business owner has filed with the city evidence of general liability insurance covering the restaurant or retail business and the city, its officers, and employees, against liability imposed by law arising out of the ownership, maintenance, or operation of such outdoor dining activity in the minimum amount of $1,000,000 per occurrence. The city shall be named as additional insured in the policy, providing that such insurance policy may not be canceled except upon 30 days written notice to the city. A certificate of insurance shall be provided to the city showing proof that the insurance requirements have been met. The “Description of Operations” portion of the certificate must identify and acknowledge the sidewalk area where outdoor dining or sidewalk sales are being conducted.
(Ord. 332, passed 5-19-2008; Ord. 369, passed 10-20-2014; Ord. 408, passed 1-3-2023)