(a) It is the purpose of this district to provide for a pedestrian-oriented commercial district compatible with a traditional downtown concept, and encourage a mix of residential uses above commercial uses to increase the intensity of activity in the area, and integrate pedestrian access to provide linkages to nearby parks, plazas, residential areas and other amenities, and to achieve the preservation of structures in the Downtown Overlay district to foster urban and civic beauty; and strengthen the local economy. This district is intended to promote the preservation of historic and architectural character and the predominant scale of the downtown by encouraging retention and appropriate use of existing structures and to ensure that new infill development be compatible with surrounding structures and the area in general.
(b) The Downtown District Overlay is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map of the City of St Albans.
(c) The extent and boundaries of the district include all properties adjoining or abutting the Sixth Avenue right of way from Second Street to West Main Street from West Main Street to the intersection of Second Street and Kanawha Terrace: along with the properties adjoining or abutting the Main Street right of way from Fourth Street to B Street.
(d) Multifamily dwellings shall be permitted on second and third floors of buildings where the first floor is used for commercial purposes.
(e) Lot Provisions in the Downtown Overlay
(f) Non-residential and Residential uses:
(g) No minimum lot size shall be required
(h) No minimum lot frontage shall be required.
(i) Maximum lot coverage shall be 100 percent (100%).
(j) Height shall not exceed forty-five (45) feet or three stories above grade at the building line.
(k) Parking, Loading and Internal Circulation in the Downtown Overlay.
(1) Businesses and residences in the Downtown Overlay are exempt from the parking requirements for the underlying zoning district if the use is located within 1000 feet of a municipal parking area.
(l) Loading standards of the underlying district shall apply.
(m) Landscaping and screening regulations of the underlying zoning districts shall apply.
(n) Signs in the Downtown Overlay.
(1) All signage shall be compatible with the exterior of existing buildings in the district.
(2) Portable signs are permitted.
(o) Number,
(1) One (1) sign shall be permitted for the sole purpose of identifying the occupant of the principal structure on the lot. Such identification shall be limited to the name of the company or occupant, and the street number (not to exceed six digits).
(p) Outdoor Cafes in the Downtown Overlay.
(1) Outdoor Cafes are permitted in the Downtown overlay. Outdoor Cafés shall also be governed by the following provisions:
A. Outdoor cafés (including outdoor seating areas) may be permitted between a storefront and the curb as an Accessory Use to an existing restaurant, delicatessen, or food store provided vehicular and pedestrian circulation is not unreasonably restricted ;
(2) Permitted Use.
A. Limited outside Sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor café provided that the outdoor display and sale is approved pursuant to the supplemental regulations outlined for "Outdoor Display and Sale of Merchandise" below; and
B. If an outdoor café does not consistently comply with all conditions listed in this Section and its Zoning Permit, or if the Use becomes a nuisance for any reason as determined by the Zoning Administrator, the Zoning Administrator may order such Use terminated.
(q) Outdoor Display and Sale of Merchandise in the Downtown Overlay.
(1) Outdoor Display and Sale of Merchandise are permitted in the Downtown overlay. Outdoor Display and Sale of Merchandise shall also be governed by the following provisions:
A. Outdoor display and sales upon public Sidewalks and rights of way may be permitted only if vehicular and pedestrian circulation is not unreasonably restricted.
(2) Types of Merchandise.
A. Outdoor displays and sales may include items offered for sale by or incidental to the store or business upon whose property, or fronting the sidewalk on which, the display and sale is conducted;
(3) Display.
A. The merchandise displays shall be on racks or display counters that are of similar quality to those used in the store or business;
B. All displays shall be removed from the outdoor location or adequately secured when the store or business is closed; and
(4) Signage.
A. No Signage other than normal price markers the same size and design as those used on the interior shall be permitted.
(Ord. 2023-02. Passed 4-17-23.)