The Downtown (DT) district is defined as all properties bound within and or fronting J.C. Watts/High Street to Pine Street and Front Street to 1st Street.

The Downtown district is intended primarily to provide areas for commercial development compatible with the scale, character and streetscape of the traditional downtown area of the city. Appropriate land uses include public facilities, commercial retail, primarily on the street and pedestrian level, with office and/or residential uses above or below the street level. Portions of the area may be appropriate for inclusion in a local or other cultural resource designation. The uses, structures, and project design should focus on providing an interesting pedestrian experience that has variety and vitality and that is not dependent upon direct vehicular access or immediately adjacent parking. (Ord. 20-03-02, 3-2-2020)

   A.   Any use permitted in the CG Commercial General district.

      1.   Open area to include push carts and kiosks.

   B.   Residential. (Ord. 20-03-02, 3-2-2020)

   A.   Any accessory use or structure permitted in the CG Commercial General district. (Ord. 20-03-02, 3-2-2020)

The following uses may be permitted as special exceptions by the Board of Adjustment in accordance with the provisions contained in Chapter 18.

   A.   Hospitals, sanitariums, nursing homes, rest homes, convalescent homes, homes for orphans, homes for the aged provided that no such facility shall have a lot area of less than one (1) acre, and that no building in connection with such facility shall be closer than twenty-five (25) feet to any lot residentially zoned.

   B.   Day nursery. (Ord. 20-03-02, 3-2-2020)

The minimum yard requirements for the DT Downtown district are as follows:

   No minimum required except as needed to meet other requirements of the city. (Ord. 20-03-02, 3-2-2020)

No minimum required except as needed to meet other requirements of the city. (Ord. 20-03-02, 3-2-2020)

No minimum required except as needed to meet other requirements of the city. (Ord. 20-03-02, 3-2-2020)

No minimum required except as needed to meet other requirements of the city. (Ord. 20-03-02, 3-2-2020)

Use building materials that are similar to those used traditionally. Brick, stone, and painted wood are appropriate as primary materials. New products that convey a scale, finish, and character similar to traditional materials that have a proven durability in the city climate also may be considered. A large featureless surface or panelized products that lack a sense of scale are prohibited. A plaster finish may be used, when its detail expresses visual interest and conveys a sense of human scale. Coverage shall not exceed forty (40) percent of any exposed wall surface on the front of the building.

Site plan review is required for all development in the Downtown District. The applicant shall submit a complete site plan application pursuant to Chapter 21 (Site Plan Review). (Ord. 20-03-02, 3-2-2020)

All sign requirements in Chapter 15. The following signs do not require a sign permit:

   A.   One A-frame sign per business; A-frame sign not to exceed two (2) feet by three (3) feet with no encroachment on the minimum pedestrian traffic walkway. The sign must be kept in good repair and will only be allowed during the business's hours of operation.

   B.   Blade sign/Pedestrian sign may be no lower than 7 feet or higher than 9 feet and must be only 36 inches from building. Shall not be used in calculating signage use requirements for business. (Ord. 20-03-02, 3-2-2020)

   A.   Conditional use based on need.

   B.   New Business/New Construction will need to submit parking plan with application

   C.   All applications will be considered on a case by case basis. (Ord. 20-03-02, 3-2-2020)

All provisions within the Eufaula Code of Ordinances that pertain to the use of sidewalks in the downtown area. In addition to those regulations, the following applies:

   A.   Outdoor displays, benches and seating may not be permanently affixed to the public sidewalk.

   B.   The business owner is responsible for the cleanliness and maintenance of the outdoor display area.

   C.   Operators conducting business outdoors on public sidewalks shall not make any loud or unreasonable noise of any kind by vocalizing or otherwise for the purpose of advertising or attracting to the operator's wares.

   D.   Mobile vending within the public right-of-way on publicly owned property is prohibited without the approval of the City council or in conjunction with a Special Event Permit.

   E.   Business owner will obtain approval for outdoor seating in conjunction with their business permit. Applicants will provide a sketch of the proposed seating area with dimensions, the location and size of the table and chairs, the proposed hours of operation of the outdoor seating area must be included in application.

   F.   No additional parking is required for outdoor seating subject to these regulations.

   G.   Sidewalk use permits are for food service establishments, restaurants, breweries and wineries located in the downtown area that would like to provide outdoor seating and service on a public sidewalk. Two categories of Sidewalk Use Permits: Type A for restaurants, breweries and wineries serving alcohol outside on the public sidewalk, and Type B for food service establishments that do not serve alcohol outside on the public sidewalk.

      1.   Type A Sidewalk Lease Agreement: for businesses that hold a valid Oklahoma Alcoholic Beverage Permit. A complete application must be submitted to the City of Eufaula with the following: Site Plan of proposed seating drawn to scale with measurements listed. Plan is to indicate any planters, wait stations, distance to curb, etc.

         a.   Copy of liability insurance and copy of Oklahoma Alcohol Beverage Permit

         b.   Application fee/Renewal fee: to be set and amended by resolution in the fee schedule by the City Council.

         c.   Fence Installation Permit fee: to be set and amended by resolution in the fee schedule by the City Council.

         d.   Signage must be posted indicating alcoholic beverages may not be removed from area.

         e.   City of Eufaula may revoke a sidewalk permit at any time. A person/business aggrieved by the revocation of a sidewalk use permit may appeal the revocation to the City Manager, whose decision will be final.

         f.   Sidewalk use Permit shall expire on the date specified in the executed sidewalk lease agreement, but may be renewed without the necessity of complying with the application process set forth in this section if the permit holder has not plead guilty of any alleged violation of this ordinance.

      2.   Type B Sidewalk Use and Fence Lease Agreement: for businesses that do not sell alcoholic beverages.

         a.   A complete application submitted to the City of Eufaula of proposed seating drawn to scale with measurements listed. Plan is to indicate any planters, wait stations, distance to curb, etc.

         b.   Permit applicant must be the owner or lessor of a food service, establishment located with the Type B Sidewalk Use and Fence Permit Zone.

         c.   Copy of Liability Insurance

         d.   Application fee/Renewal Fee: to be set and amended by resolution in the fee schedule by the City Council.

         e.   Fence Installation Permit Fee: to be set and amended by resolution in the fee schedule by the City Council.

         f.   Barriers if erected must receive a written determination of suitability from the City of Eufaula prior to installation. Said barriers may include but not be limited to fencing that reaches a height of 36 inches, or benches or other barriers that reach a minimum of 20 inches in height and a maximum of 42 inches in height. Living plant screens shall not be an acceptable barrier material.

         g.   The City of Eufaula may revoke a sidewalk use and fence permit at any time. A person/business aggrieved by the revocation of a sidewalk use permit may appeal the revocation to the City Manager, whose decision shall be final.

         h.   A sidewalk use and fence permit shall expire on the date specified in the executed sidewalk lease agreement, but may be renewed without the necessity of complying with the application process set forth in this section if the permit holder has not plead guilty or no contest and/or has not been convicted of any alleged violation of this ordinance. (Ord. 20-03-02, 3-2-2020)