Commissioners consider allowing outdoor entertainment and easing accessory‑structure setback in MU‑3 downtown zone

Staff presented two downtown‑focused topics for the MU‑3 zone: whether to allow outdoor entertainment and recreation in the greater downtown/MU‑3 area, and whether to reduce the 25‑foot front setback for accessory structures so certain covered seating, vendor stalls, or outdoor stages can be placed closer to the street.

Staff briefed commissioners that a recent proposal revealed MU‑3 does not currently allow "outdoor entertainment and recreation" as a permitted use, while some parts of downtown outside MU‑3 (parks, MU‑2) already allow the use. The Downtown Development Authority told staff it supports allowing outdoor entertainment within the DDA boundaries. Staff presented three alternatives for the entertainment use: (1) allow it only in the Central Business District and core Central Business District (areas the DDA indicated), with a possible buffer from detached single‑family dwellings; (2) allow it across MU‑3 (with a buffer option); or (3) make no change.

Accessory structures: staff explained that MU‑3 currently has a 25‑foot front setback for accessory structures while principal structures may have 0‑foot setbacks in the downtown overlay. That combination can block accessory items that enhance downtown activity—covered seating, small vendor booths, a stage, or restroom enclosures connected to an outdoor entertainment use. Staff offered four alternatives ranging from no change to allowing 0‑foot accessory setbacks in MU‑3, or allowing reduced setbacks only in the core downtown overlay for limited accessory uses with definitions, maximum size, and height limits.

Commissioner concerns and direction: commissioners said they generally favor allowing accessory elements tied to a primary permitted use (covered seating, vendor booths, stages) but want language to prevent inappropriate front‑yard uses such as storage sheds, trash enclosure placement, or outright parking structures in front yards. Multiple commissioners recommended confining reduced setbacks or entertainment allowances to the core downtown/central business district where the streetscape is already urban and less likely to abut single‑family homes. Where MU‑3 properties are directly adjacent to residential zones (noted as a small number of parcels north of Grand Avenue), commissioners suggested using a conditional use permit (CUP) or other site‑specific review so neighbors’ concerns (noise, hours, service activity) can be considered.

Noise and operation: commissioners noted that existing noise and special‑event processes (temporary events and park permits) already manage many downtown events, and any permanent outdoor entertainment use would still be subject to noise ordinances and could be conditioned for hours. They also asked staff to ensure service components (trash, loading, parking) remain directed to rear or side areas when appropriate.

Next steps: staff was asked to draft code language that (a) allows outdoor entertainment in the core Central Business District (and consider allowing MU‑3 generally with CUP where the parcel abuts residential zones), (b) permits accessory structures closer to the street when they are directly related to an authorized primary use (with clear prohibitions on storage, trash, and nonpublic service structures in front yards), and (c) specifies standards (maximum size/height, definition of covered seating/temporary vendor structures, and review triggers) and recommended locations for each change. Commissioners asked staff to return with specific map boundaries and draft text for formal review; no formal vote was recorded.

Ending: staff will prepare draft code amendments and map references that allow outdoor entertainment in targeted downtown areas and narrow exceptions for accessory structures to support public activity, with CUP review or conditions where MU‑3 abuts residential zones.