A. Statement of Intent: The downtown districts are intended to provide use, bulk, urban design and other controls and regulations appropriate to the commercial core of the city and adjacent areas in order to enhance employment opportunities; to encourage the efficient use of land; to enhance property values; to improve the design quality of downtown areas; to create a unique downtown center which fosters the arts, entertainment, financial, office, retail and governmental activities; to provide safety and security; encourage permitted residential uses within the downtown area; and to help implement adopted plans.
B. Permitted Uses: The uses specified as permitted uses in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title are permitted; provided, that they comply with all requirements of this chapter, the general standards set forth in Part IV of this title, and all other applicable requirements of this title.
1. Conditional Uses: The uses specified as conditional uses in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title, may be allowed in the downtown districts provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements.
C. Impact Controls and General Restrictions in the Downtown Districts:
1. Refuse Control: Refuse containers must be covered and shall be stored within completely enclosed buildings or screened in conformance with the requirements of Section 21A.40.120 of this title. For buildings existing as of April 12, 1995, this screening provision shall be required if the floor area or parking requirements are increased by twenty five percent (25%) or more by an expansion to the building or change in the type of land use.
2. Lighting: On site lighting, including parking lot lighting and illuminated signs, shall be located, directed or designed in such a manner so as not to create glare on adjacent properties.
3. Fencing for Vacant Lots in the D-1 Central Business District and D-4 Downtown Secondary Central Business District: Fencing shall be required on those lots becoming vacant, where no replacement use is proposed, in conformance with the following:
a. Fencing, pursuant to Section 21A.40.120 of this title, is required to secure vacant lots in the downtown area;
b. Fencing shall consist of wrought iron or other similar material (chainlink is prohibited); and
c. Fencing shall be open so as not to create a visual barrier, and shall be limited to a maximum of 4 feet in height, with the exception of a fence located within a sight distance on any corner lot as noted in Section 21A.40.120 of this title.
The approval of a building permit shall be delegated to the building official with the input of the planning director, to determine if the fencing materials, location, and height are compatible with adjacent properties in a given setting.
D. Outdoor Sales, Display and Storage: "Sales and display (outdoor)" and "storage and display (outdoor)", as defined in Chapter 21A.62 of this title, are allowed where specifically authorized in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title. These uses shall conform to the following:
1. The outdoor sales or display of merchandise shall not encroach into areas of required parking for periods longer than thirty (30) days;
2. The outdoor sales or display of merchandise shall not be located in any required yard area within the lot when the required yard abuts a residential zoning district;
3. The outdoor sales or display of merchandise shall not include the use of banners, pennants or strings of pennants;
4. Outdoor storage shall be allowed only where specifically authorized in the applicable district regulation and shall be required to be fully screened with opaque fencing not to exceed eight feet in height; and
5. Outdoor sales and display and outdoor storage shall also be permitted when part of an authorized temporary use as established in Chapter 21A.42 of this title.
E. Restrictions on Parking Lots and Structures: An excessive amount of at or above ground parking lots and structures can negatively impact the urban design objectives of the Downtown zoning districts. To control such impacts, the following regulations apply to surface parking and above grade structures:
1. Parking shall be located behind principal buildings or incorporated into the principal building provided the parking is wrapped on street facing facades with a use allowed in the zone other than parking.
2. A parking lot shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other. The length of a parking lot shall not exceed ten (10) stalls. Parking for government facilities necessary for public health and safety are exempt from this provision.
Illustration of Regulation 21A.30.010.E.2 Surface Parking Lots
3. Parking lots, garages or parking structures, proposed as the only principal use on a property that has frontage on a public street and that would result in a building demolition are prohibited in the Downtown zoning districts.
4. No special restrictions shall apply to belowground parking facilities.
F. Midblock Walkways: As part of the city's plan for the downtown area, it is intended that midblock walkways be provided to increase pedestrian connectivity and overall livability downtown through the creation of an intricate pedestrian network. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown grows. Because the districts within the downtown area allow building heights that exceed those of other districts in the city, the requirement for a midblock walkway is considered to be necessary to alleviate pedestrian impacts on the public sidewalks by dispersing future use of the public sidewalks. All buildings constructed after the effective date hereof within the Downtown zoning districts shall conform to this officially adopted plan for midblock walkways, in addition to the following standards:
1. Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the city.
2. The following standards apply to the midblock walkway:
a. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path.
b. The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway.
c. Building encroachments into the midblock walkway are permitted if they include one or more of the following elements:
(1) Colonnades;
(2) Staircases;
(3) Balconies: All balconies must be located at the third story or above.
(4) Building overhangs and associated cantilever - These coverings may be between nine (9) and fourteen feet (14') above the level of the sidewalk. They shall provide a minimum depth of coverage of six feet (6') and project no closer to the curb than three feet.
(5) Skybridge: A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories.
(6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space.
Illustration of Regulation 21A.30.010.F Midblock Walkways
G. Sid ewa lks: For all do wnt ow n districts, sidewalks must be a clear walking path that is a minimum of 10' wide. Outdoor dining shall be permitted within the sidewalk if it complies with the minimum width of a clear path as defined in the outdoor dining design guidelines.
H. Landscaping and Buffers: All uses in the downtown districts shall comply with the provisions governing landscaping and buffers in Chapter 21A.48 of this title. Where a park strip does not exist, street trees are only required when the sidewalk width of at least 10' can be maintained, in which required street trees shall be planted in tree wells with tree grates.
I. Additional Standards: All uses in the downtown districts shall comply with the standards set in Part IV, Regulations of General Applicability, of this title, including the applicable standards in the following chapters:
1. 21A.36 General Provisions
2. 21A.37 Design Standards
3. 21A.38 Nonconforming Uses and Noncomplying Structures
4. 21A.40 Accessory Uses, Buildings, and Structures
5. 21A.42 Temporary Uses
6. 21A.44 Off Street Parking, Mobility, and Loading
7. 21A.46 Signs
8. 21A.48 Landscaping and Buffers
9. Any other applicable chapter of this title that may include applicable provisions. (Ord. 12-24, 2024: Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 66-13, 2013: Ord. 83-98 § 1, 1998: Ord. 26-95 § 2(15-0), 1995)