By virtue of its location within the comprehensive plan for the city, because of the present character and extent of development within the area, and because of the existing historical, artistic, architectural, cultural and economic identity and uses currently available in the downtown area, the D-D zone is established in order to:

(1)

Promote, preserve, and protect the historic, cultural, aesthetic, and architectural tradition and character of buildings and facilities within the downtown area.

(2)

Ensure the planned growth and development of the downtown area in a manner which is consistent with the goals stated hereinabove.

(3)

Encourage the longterm elimination of incompatible uses; and

(4)

Exclude uses which could pose a danger to the health, safety and/or welfare of the citizens of the city by preserving the general character of the downtown area.

(Code 1981, § 8-5-172; Ord. No. 99-12, § 3, 9-7-1999)

The principal uses permitted in the D-D zone, include the uses specified below and specifically prohibit other uses described below. All such uses shall be conducted wholly within a completely enclosed building. Incidental outside repair may occur where such repair is limited in area to the rear of a shop or building, where such repair cannot be seen from adjoining properties.

(Code 1981, § 8-5-173; Ord. No. 99-12, § 3, 9-7-1999)

(a)

Permitted uses.

(1)

Business and professional offices, including:

a.

Architectural.

b.

Dental.

c.

Engineering.

d.

Graphic arts.

e.

Insurance.

f.

Legal.

g.

Manufacturers' representatives.

h.

Medical or dental office.

i.

Real estate.

j.

Banks and other financial institutions (not including pawnshops and check cashing businesses).

(2)

Institutional uses including:

a.

Art studios.

b.

Business schools.

c.

Reserved.

d.

Colleges and universities.

e.

Dance studios.

f.

Libraries and other public buildings.

g.

Professional schools (including music/dance studios).

h.

Technical schools.

i.

Playgrounds, parks, and buildings open on a noncommercial basis for recreation only. Uses of this nature are exempt from being within a completely enclosed building.

(3)

Retail; Sales, including

a.

Antique shops.

b.

Banking shops.

c.

Book, card and stationery stores.

d.

Drugstores, pharmacies and soda shops.

e.

Florist shops.

f.

Food stores.

g.

General merchandise stores (selling new merchandise).

h.

Hardware stores.

i.

Office supply stores.

j.

Opticians and optical stores.

k.

Photography stores.

l.

Printing shops.

(4)

Personal services, including:

a.

Barbershops and beauty shops.

b.

Data processing facilities.

c.

Laundry and dry cleaning shops.

d.

Locksmith shops.

e.

Shoe repair shops.

f.

Tailor shops.

g.

Travel agencies.

(5)

Computer sales and repairs (offering new or used merchandise). These uses are subject to a finding by the planning commission that the proposed method of establishment and operation would not adversely impact the use and enjoyment of surrounding properties nor negatively affect the historic character of the zone.

a.

Retail; sales, including:

1.

Apparel shops (offering new merchandise).

2.

Furniture stores (offering new merchandise).

3.

Hobby shops (offering new merchandise).

4.

Jewelry stores (offering new or used merchandise).

b.

Personal services, including:

Appliance, radio and television sales outlets and services, including incidental repairing where all repair is conducted out of customers view and is limited to 25 percent of the business's floor area (offering new or used merchandise).

(6)

Bed and breakfast inns without kitchens or cooking facilities in rooms used for guest occupancy.

(7)

Restaurants or carry-out restaurants but not including drive-through/drive-in restaurants. Such restaurants shall be allowed to operate no more than six billiard tables upon the premises.

(8)

Theaters which do not provide entertainment as defined in section 11-2-1 of the Code, city including adult: films, stage productions, videos or other adult entertainment performances.

(9)

Undertaking establishments and funeral homes.

(10)

Residential lofts. However, all lots in the D-D zone shall be accessed from an entrance other than through the store front or any area where business is conducted.

(b)

Nonpermitted uses. The following uses, while permitted in other areas within the city, are not permitted in the D-D zone:

(1)

Pawnshops and check cashing businesses excluding banks and credit unions;

(2)

Adult entertainment establishments as defined by section 11-2-1 of this Code including but not limited to; adult bookstores, video adult rental or purchase, adult movie or adult live theaters, or adult gifts and novelties, or viewing or listening to other adult entertainment through any other electronic or other technological medium;

(3)

Tattoo parlors;

(4)

Palm reading and fortunetelling including psychic, tarot, and crystal readings;

(5)

Reserved.

(6)

Carnivals;

(7)

Stables;

(8)

Shooting galleries and firearm and archery ranges;

(9)

Firearms dealers;

(10)

Modeling agencies;

(11)

Massage parlors;

(12)

Spas;

(13)

Hypnotists;

(14)

Handwriting analysis;

(15)

Escort services;

(16)

Bazaars;

(17)

Specialty shops;

(18)

Flea markets;

(19)

Variety shops;

(21)

Labor pools;

(22)

Extended stay motels/hotels;

(23)

Commercial parking lots, and;

(24)

Warehouses or long term storage of material (except where such storage is for material for immediate sale and such material does not constitute more than 25 percent of the business' floor space).

(c)

Conditional uses. The following use may be allowed as a conditional use in the D-D zone with approval of the mayor and council pursuant to article 25 of this chapter and the additional conditions that the use is determined by the mayor and council to be:

(1)

Conducive to the D-D zone concept;

(2)

In harmony with all revitalization and redevelopment efforts directly affecting existing buildings, new construction and redevelopment in the D-D zone;

(3)

A historically accepted use or service within the downtown area of the city; and

(4)

Designed to meet a service need consistent with the D-D zone concept.

Facilities that do no other work other than to replace, rebuild and remanufacture torque converters shall be considered automotive transmission repair shops and such may be allowed as a conditional use upon a showing that the required elements above are met.

(Code 1981, § 8-5-174; Ord. No. 2002-09, §§ 1, 2, 5-7-2002; Ord No. 2016-03, § 11, 3-1-2016; Ord. No. 2018-15, § 7, 11-6-2018; Ord. No. 2021-06, § 9, 3-2-2021)

(1)

All establishments in the D-D zone shall, at a minimum, include one space per every 300 square feet of floor area excluding floor area user for storage only. For every 10,000 square feet of building floor area, or fraction thereof, a minimum of one off-street loading space shall be provided.

(2)

Vehicle parking and loading zones shall be confined to the rear of businesses when possible, or via shared centrally located areas in order to reduce the amount of required asphalt and provide for more open space and/or landscape area. Parking areas shall connect to public rights-of-way via pedestrian walkways, which may be constructed of materials other than or in conjunction with concrete paving (brick, stone, pavers, etc.). However, no parking and loading zones shall impede or disrupt any rear pedestrian access.

(3)

Landscape design elements regarding parking and loading zones as provided in section 93-19-6 and in ordinances effective on the date of adoption of this article shall be applied in the D-D zone.

(4)

Entrance and exit points shall conform to the requirements of section 93-23-2 in effect at the time of the adoption of this article.

(5)

Driveways shall conform to the standard in effect in city ordinances at the date of the adoption of this article.

(Code 1981, § 8-5-176; Ord. No. 99-12, § 3, 9-7-1999)

No structure shall exceed 40 feet or three stories in height, unless additional height is approved by the city building official and fire chief to ensure that fire safety design standards are met.

(Code 1981, § 8-5-177; Ord. No. 99-12, § 3, 9-7-1999)

In order to establish and maintain the D-D zone as a quality area which will preserve the investments of all landowners and developers, while maintaining the historic and architectural character of the zone, as well as the tax base of the city, all new construction, remodeling/repair and development within the D-D district shall comply with the following standards:

(1)

Setbacks for front, rear and side yards. Only driveways, parking spaces on private land, permitted signs, landscaped areas shall be allowed between a structure and the front or rear property lines, alleys or loading zones. The following exceptions are allowed:

a.

Merchandise displays (which must be removed at the close of business at the close of each working day) so long as at least five feet of pedestrian walkway is kept free of obstructions. The five feet shall be measured from the outer edge of the paved road surface (as opposed to the center of a road or street) or the curb edge nearest to the paved road edge;

b.

Cafe tables, chairs and benches are allowed on street frontage so long as at least five feet of pedestrian walkway is kept free of obstructions. The five feet shall be measured from the outer edge of the paved road surface (as opposed to the center of a road or street) or the curb edge nearest to the paved road edge. Other structures may be allowed by special exception which do not pose an aesthetic, safety, or health hazards.

(2)

Buildings.

a.

Exterior wall materials shall be one or more of the following:

1.

Hard-burned clay.

2.

Stone with either a weathered face or a polished, fluted or broken face. No quarry-faced stone shall be used except in retaining walls. Marble shall be considered stone for the purposes of this section 93-19-5 et seq.

3.

Concrete masonry. Units shall be those generally described by the National Concrete Masonry Association as "Customized Architectural Concrete Masonry Units" or shall be broken faced brick-type units with marble aggregate. There shall be no exposed concrete block on the exterior of any building, except that walls not visible from any street or building may be painted concrete block. Any concrete masonry units that have gray cement color shall be coated with a coating approved by the building official.

4.

Concrete may be poured in-place, tilt-up or precast. Poured in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes shall be coated. Precast units which are not uniform in color shall be coated. Coating shall be an approved cementitious of any epoxy type with a life expectancy of at least ten years.

5.

One or more of the above listed materials shall be used in combination with glass and/or metal trim.

6.

Wood. Excluding for exterior usage masonite siding, plyboard, gypsum board, other wood/glue combination construction materials, and exterior insulation finishes. It is not the intention of this section to disallow use of this material for internal insulation or other internal construction purposes where approved by the building inspector.

b.

Other exterior wall materials including stucco may be used only with the prior approval of the building official. Approval or disapproval will be judged on the appropriateness of the materials when considered in context with the total building design and surrounding developments.

c.

Preengineered buildings are not permitted in the D-D zone. Buildings with glass storefronts, made of steel or metal fabrications are permitted.

d.

Outside storage of materials is prohibited. However, nonpermanent structures as described in subsection (1) above are allowed.

e.

Roof-mounted equipment and penetrations shall be located and/or screened to minimize visibility from streets or surrounding buildings.

f.

Mechanical equipment shall be located and/or screened so as to minimize their visual impact.

g.

Wherever possible, historic buildings will be preserved or restored to reflect the architectural, geographic, and artistic context of the building while preserving the cultural, historic and authentic character of the D-D zone. Construction and restoration construction material will comply with the planning commission standards for historic preservation and restoration. All historic renovations will comply with the planning commission standards for historic preservation and restoration.

h.

New construction both infill and/or remodeling shall be of a style, size, and detailing consistent with the existing structures in the D-D zone.

i.

Front facades of principal buildings shall face and be parallel to the street.

(3)

Exterior lighting. All exterior lighting shall comply with FAA requirements related to aircraft safety, and all exterior lighting shall be maintained in accordance with plans and specifications submitted to and approved by the building official.

(4)

Utilities. All utilities for new construction both infill and/or remodeling shall be located and/or screened so as to minimize their visual impact. Site utilities shall be limited to underground systems in all new construction (both infill and/or remodeling).

(5)

Storefronts and building facades. Storefronts and building facades shall incorporate architectural features which facet or break up sight lines to discourage blank facades, large expanses of storefronts, and to foster a sense of individuality for each business. One-fifth of the width of each storefront shall be recessed back from the public right-of-way, a minimum of three feet to create pockets along the right-of-way.

(6)

Americans with Disabilities Act (ADA) compliance. All new construction both infill and/or remodeling shall be ADA compliant unless the building or structure is otherwise historically exempt.

(7)

Landscape requirements applicability. Landscape requirement ordinances governing landscape design, building plans, perimeter areas, dimensions, screening, numbers and/or percentages of trees and other vegetative greenery and containment of trees and vegetative greenery as set forth in the city's ordinance shall remain in full force and effect except that the following provisions shall be applicable to new construction both infill and/or remodeling in the D-D zone and where there provisions conflict with the general landscape requirements the provisions herein shall prevail without nullifying the remainder of the landscape ordinance:

a.

Where not otherwise provided one planted and irrigated landscaped island shall be constructed per each ten parking spaces in any paved parking area. The planted island shall be a minimum of six feet by 18 feet in size.

b.

Landscaped areas shall be required in all parking areas and/or public-right-of-way. Parking areas shall be required to have a minimum ten-foot landscape area adjacent to public right-of-way. Adjacent interior parking lot boundary lines shall provide for a shared three-foot buffer between parking areas.

(8)

Curbcuts, sidewalks and pavers. No vehicles may park between any sidewalk in the D-D zone and the front facade of a building in the D-D zone for the purposes of fire safety and aesthetics. Variances may be granted to this section where such parking is shown not to create a fire safety, safety or aesthetic danger or disruption.

a.

All curbcuts, sidewalks, and pavers in the D-D zone shall comply (when not historically or otherwise exempt) with ADA requirements.

b.

A six-inch curb shall be used to separate pedestrian areas from vehicular travel lanes, parking areas, and gutters.

c.

All curbs, sidewalks and pavers shall be constructed of:

1.

A minimum of 3,500 psi concrete;

2.

Concrete stamped with textures and/or colors to emulate various types of stone or brick masonry; and/or

3.

A combination of grout set brick and concrete with a joint and scoring pattern approved by the city.

d.

No vehicles will traverse curbs or otherwise park on or travel on/over or in any other way damage city curbs or sidewalks.

e.

When property owners/developers introduce new construction both infill and/or remodeling, they shall comply with the standards described hereinabove.

(Code 1981, § 8-5-178; Ord. No. 99-12, § 3, 9-7-1999; Ord. No. 2005-01, § 2(8-5-178), 12-21-2004)

In conjunction with the review and approval of site development plans, the city may require the preparation and submission for approval of protective covenants or deed restrictions, or both, which would be made applicable to all development within the development for the purpose of regulating such features as architectural style of structures, types of materials used in building construction, restrictions and design features for signs; limitations on, or identification of permitted uses, and other requirements which have as their purpose guaranteeing a high quality, compatible total development, in order to thereby protect the tax base of the city.

(Code 1981, § 8-5-179; Ord. No. 99-12, § 3, 9-7-1999)

Provisions requiring site plan review in this Code shall be applicable to the D-D zone.

(Code 1981, § 8-5-180; Ord. No. 99-12, § 3, 9-7-1999)