The purpose of zoning district Downtown is to encourage downtown development as a hub of commerce that offers retail goods to the end-user, retail services, office space, entertainment facilities, restaurants, healthcare and fitness, temporary lodging, and professional services.

(Ord. 443 Ch. 3 § 1, 1979)

(Ord. 443 Ch. 3 § 2, 1979)

1. Residential uses are allowed in the downtown zone except in the story abutting ground level. All residential uses must be contained within the structure except as stated within this code.
2. Residential use in a commercial district, as described within this section, does not allow for the keeping or the raising of animals outdoors.
3. Residential lots (without any commercial use) existing in the downtown zone will be treated as residential lots in the nearest residential zone.
4. Once residential use has been converted to commercial use, it shall remain a commercial use in accordance with the zone in which it is located

(Ord. 443 Ch. 3 § 3, 1979)

Any new residential units, whether new construction or as a conversion of existing space, shall meet the following requirements.

1. Any residential development exceeding three (3) units shall be required to provide green space for residents as follows:

   Commercial Downtown Zone - Common Open Space Requirements

   100 Square Feet for Each Dwelling Unit

2. A common open space is a parcel or parcels of land, an area of water, or a combination of land and water intended for use or enjoyment of residents of the development in common, not including, however, the area within any road, driveway, parking area, sidewalk or enclosed building or structure except those designed for recreational use.
3. Before any construction takes place, a landscaping plan shall be submitted and approved by the planning and zoning commission.
4. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
5. Two parking spaces shall be provided for every new residential dwelling.
6. Half a parking space shall be required for visitor parking for each dwelling. Fractional spaces shall be rounded up to the nearest whole space.
7. No common open space shall front State Street, Oneida Street, US 91, or State Highways 34 or 36. This does not include landscaping.
8. The developer may voluntarily propose alternative means to satisfy the open space requirement through the contribution of land, funds, or a combination thereof as may be agreeable to the city, subject to a written agreement. Any contribution would be based upon the fair market value of the land in the area of the development in a developed, subdivided condition. The final determination of fair market value shall be made by the city engineer, following submittal by the developer of an appraisal or other evidence of fair market value, and subject to review by the city council. Contributions shall be used for acquisition or improvement of open space as multi-use paths, parks, or playgrounds to serve the immediate and future needs of the development and the general area in conformance with the city's comprehensive plan.

1. Outdoor displays shall be allowed with the following restrictions:
   1. All displays shall be kept neat and clean so as not to become a public nuisance;
   2. All displays shall be removed, changed, or otherwise altered after 30 days;
   3. Displays shall be at a minimum three (3) feet from the edge of the roadway;
   4. No display that would interfere with or obscure a driver’s ability to safely operate a motor vehicle shall be allowed;
   5. All displays shall leave at a minimum an unencumbered five (5) foot wide path of sidewalk for pedestrian traffic;
   6. Works-in-progress, tools, disassembled or otherwise incomplete products shall not be stored or displayed anywhere except in an enclosed utility yard;
   7. If an awning is attached to a building, all displays shall be under the awning.
   8. Restaurant seating on sidewalks is not considered a display but shall abut the building serving as a restaurant, be contained within a contiguous space, and maintain at a minimum an unencumbered five (5) foot wide path of sidewalk for pedestrian traffic.
   9. No signs shall be posted on any property without first obtaining a sign permit.
2. For stores with a parking lot between the ROW and the storefront, no display shall be allowed to encroach upon the ROW.

(Ord. 443 Ch. 3 § 4, 1979)

1. Storage Units/facilities- Storage units/facilities shall maintain a minimum setback of two hundred (200) feet from the edge of the ROW on State Street, 8th North, and Oneida unless the following conditions are met:
   1. Maintain a ten (10) foot setback from the R.O.W
   2. A masonry wall or privacy fence, excluding chain link with privacy slats, shall be constructed to the height of six (6) feet around the perimeter of the facility. The building materials shall enhance the aesthetics of the surrounding area and, before construction shall be approved by the Commission or its designee.
      1. As an alternative, storage units may be arranged in a way to enclose the facility as a wall or fence would have.
         1. If this alternative is chosen, a design plan illustrating materials, structure, and landscaping, subject to approval by the Planning and Zoning Commission or its designee, must be submitted before construction.
   3. An office building (stick-built, permanently affixed to the ground) be located at the entrance to the enclosed yard.
   4. The accessway up to the entrance of the yard be paved or hard-surfaced.
   5. Access into the yard shall be restricted by a gate.
2. Major Automotive Repair- Major Automotive repair facilities shall have a utility yard and/or an enclosed building where works-in-progress, vehicles in any state of disassembly, tools, and parts shall be stored. If a utility yard is utilized, a masonry wall or privacy fence, excluding chain link with privacy slats, shall be constructed to the height of six (6) feet around the perimeter.
   1. The building materials shall enhance the aesthetics of the surrounding area and, before construction, a design plan illustrating materials, structure, and landscaping shall be approved by the Commission or its designee.