§ 5.618. Performance Standards.

The following standards and restrictions shall apply to all properties within this district:

A.

Outdoor sales and display are prohibited, except where one (1) or more of the following conditions are present:

1.

Products and services displayed outdoors are customary, accessory, and incidental to those sold and displayed in a primary business being conducted in a permanent building on the property.

2.

Outdoor sales and displays do not interfere with pedestrian access-ways, fire lanes, required parking spaces, driveways, landscape areas, or traffic visibility at driveway entries and street intersections.

B.

All retail and service activities must be within an enclosed building except automotive service stations, parking lots, or drive-thru facilities.

C.

There shall be no manufacturing, compounding, processing, or treatment of products, except as otherwise permitted and other than that which are clearly incidental to a retail store or business.

D.

Demolition of Buildings.

1.

Except in cases of public emergency and designation of an unsafe structure by the Building Safety Director, no permit for the demolition of any building in the PR district shall be issued unless an application for a building permit for work to replace the building to be demolished has been filed with and approved by the Community Development Group.

2.

Any lot within this district kept vacant for more than one hundred eighty (180) days following the demolition of any buildings thereon shall be landscaped and thereafter maintained in good order. Landscaping shall be in accordance with a plan approved by the Community Development Group.

E.

Vacant Buildings. The appearance of vacant buildings does not contribute to the creation of a pedestrian environment in a downtown area. Since vacant buildings may inhibit the growth of the retail environment, special provisions are necessary to mitigate the impact of vacant buildings in the Pedestrian Retail District.

The following regulations shall apply to all vacant retail space and are in addition to other requirements:

1.

All windows and other openings of a vacant structure shall provide a window display or window covering that is aesthetically compatible with the structure;

2.

Windows that are "boarded-up" shall not be considered a window covering;

3.

Upon receipt of a notice of noncompliance with this section, the property owner shall have thirty (30) days in which to provide the window display or covering;

4.

Failure to provide the window display within the thirty (30) day period shall result in a violation of this section.

F.

Facade Transparency Requirements.

1.

Measured from floor level to the finished ceiling, at least seventy (70) percent of the total area of all new or reconstructed first story storefronts that face a public street shall be transparent. Only clear or lightly tinted glass in windows, doors, and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

Glass block, etched and sand blasted, or stained glass are allowed and are counted as opaque material.

G.

Blank Facade Limits.

1.

Any portion of the facade which is not transparent shall be considered to be a portion of the blank facade.

2.

For each street frontage, the total of all blank facade segments shall not exceed seventy (70) percent of the street level facade of the structure. Blank facade limitations apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk.

3.

Blank facades shall be limited to segments of thirty (30) feet in width when enhanced by architectural detailing, art work, landscaping, or similar features that have visual interest. All other blank facades are limited to fifteen (15) feet in width.

4.

Entrances to buildings shall be separated by not more than fifty (50) feet on average for the linear frontage of the buildings on each block face. Separate pedestrian entrances shall be required for each fifteen thousand (15,000) square feet of street level use. Pedestrian entries may open on to either the public right-of-way or an open air passageway leading to the public right-of-way.

H.

Outdoor Sidewalk Cafes.

1.

Purpose. In order to animate the downtown environment and complement retail and cultural activities recommended in the Downtown Urban Design Plan, it is the policy of the City to encourage the establishment of outdoor sidewalk cafes on private property and within public rights-of-way. Minimum dimensional and performance standards are established to ensure cafe design is functionally compatible with other needs and provides for the protection of public health, safety and welfare.

2.

Outdoor sidewalk cafes are permitted on any public right-of-way within the pedestrian retail district, subject to administrative review and compliance with the following performance standards.

3.

Standards.

a.

Outdoor sidewalk cafes must not obstruct sidewalk pedestrian traffic or create public health and safety hazards. All sidewalks must maintain a six (6) foot minimum clear dimension between the outside edge of any sidewalk cafe fixture and any fixed element within sidewalk right-of-way.

b.

Outdoor sidewalk cafes may be open, partially covered, or enclosed by means of umbrellas, awnings, canopies, or similar protective structure.

(1)

Partially covered or enclosed cafes must be constructed of material that is predominantly transparent. Glass must be clear, not heavily tinted or mirrored. Base walls can not be greater than eighteen (18) inches in height. The outside window height can not be less than eight (8) feet. All permanent structures must meet building code requirements.

(2)

Roof material covering an outdoor cafe may be temporary, fixed, or retractable and can extend into the public right-of-way from the face of the building a maximum distance of ten (10) feet from face of building. Awnings, canopies, or similar protective shelter must be fire-treated or nonflammable.

(3)

Permanent enclosed sidewalk cafe structures must be constructed of non-combustible material.

c.

A decorative barrier element separating outdoor cafe seating area from adjacent pedestrian traffic shall be provided. The design and materials of such barrier element must complement and be compatible to the architectural design of the restaurant building facade.

d.

Enclosed cafes must be used only as seating areas. Storage, kitchen, or rest room uses are not allowed. The seating must be movable.

e.

All outdoor and enclosed sidewalks must be level with sidewalk, and handicap accessible.

f.

Decorative/accent lighting may be incorporated into the outdoor cafe structure, awning, canopy, etc., and must meet all City Code requirements.

(Ord. No. 1772, 6-23-93)