669 Arts, Culture and Small Business Overlay (ACOD) District. +1

A.    Purpose. The Arts, Culture and Small Business Overlay is intended to allow greater flexibility in land uses and standards that will contribute to the vitality of the downtown area and will enhance community events.

B.    Applicability. The Arts, Culture and Small Business Overlay may be applied to land bounded by Interstate 10 Inner Loop (Papago Freeway) on the north, 20th Street to the east, Buckeye Road to the south and 19th Avenue to the west. The application of the overlay on specific parcels will occur subject to approval by City Council through the rezoning process in accordance with zoning map amendment section of the Zoning Ordinance. The regulations governing the uses of land and structures shall be as set forth in the underlying zoning districts or other overlay districts, except as expressly modified by the following regulations and as regulated by other provisions of City Code. Where there is a conflict with other Zoning Ordinance provisions, the more permissive shall apply.

C.    Permitted Uses.

1.    In the R-5 Zoning District, the following additional uses are permitted for structures existing as of May 2, 2008.

a.    Art galleries, including sales.

b.    Arts and crafts retail sales.

c.    Beauty and barber shops.

d.    Book stores, not including adult book stores.

e.    Exercise studios.

f.    Restaurants, subject to the following conditions or limitations:

1)    Sales of alcoholic beverages are permitted upon conformance with the following conditions:

a)    The obtaining of a use permit in accordance with the provisions of the Zoning Administrator Section of the Zoning Ordinance. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods.

b)    Approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the restaurant facility.

2)    Music or entertainment shall be limited to recorded music or one entertainer unless a use permit is obtained in accordance with the provisions of the zoning Administrator Section of the Zoning Ordinance.

3)    Outdoor dining, subject to obtaining a use permit in accordance with the provisions of the Zoning Administrator Section of the Zoning Ordinance.

g.    Retail clothing sales.

h.    Retail food sales, not including alcohol.

i.    Teaching of visual and performing arts, not including adult entertainment or erotic dance.

2.    In the A-1 District, residential uses are permitted in structures existing as of May 2, 2008 for up to a maximum of thirty percent of the gross square footage of the building.

3.    Outdoor cultural events and performances. In the R-5, C-1, C-2, C-3, A-1, A-2, DC and UR Zoning Districts, outdoor events or performances that are open to the public and that feature visual art, music, dance, theater, performance art, science, design or cultural heritage are permitted, subject to the following:

a.    The outdoor event or performance must be presented by an existing business on the property and must comply with all applicable codes and ordinances.

b.    The business’ regularly stocked items may be displayed outdoors and be available for purchase during the event or performance but payment for all items shall occur indoors. No other items may be displayed for sale outdoors during the event or performance.

c.    Outdoor events or performances are limited to Fridays, Saturdays and Sundays only.

d.    Friday and Saturday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 12:00 a.m. In the A-1 and A-2 Districts Friday and Saturday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 2:00 a.m. No amplified music or loudspeakers may be used outside after 10:00 p.m. in the R-5, C-1, C-2 or C-3 Districts.

e.    Sunday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 10:00 p.m. No amplified music or loudspeakers may be used outside after 8:00 p.m. in the R-5, C-1, C-2 or C-3 Districts.

f.    Hours and days of outdoor events or performances may be extended subject to obtaining a use permit in accordance with the standards and procedures of the Zoning Administrator Section of the Zoning Ordinance.

g.    Outdoor events or performances in the R-5, C-1 or C-2 Districts shall be a minimum of 300 feet from a single-family zoning district.

4.    Accessory uses.

a.    In the R-3, R-3A, R-4, R-4A, and R-5 Districts, home occupations are permitted subject to the following:

1)    Employees are permitted, subject to obtaining a use permit in accordance with the provisions of Zoning Administrator Section of the Zoning Ordinance.

2)    No more than fifty percent of the dwelling unit may be used for any home occupation.

b.    In the C-1, C-2, and C-3 Zoning Districts, the following accessory uses are permitted:

1)    Outdoor dining as accessory to a restaurant is permitted subject to the following:

a)    The outdoor dining area shall be a minimum of thirty (30) feet from a single-family residential district.

b)    The outdoor dining area and accessory public space shall be clearly delineated by a minimum three (3) foot high continuous fence, wall or planter.

c)    The outdoor dining area shall not be more than twenty-five percent of the primary building’s ground level gross floor area. The outdoor dining area may exceed twenty-five percent to a maximum of fifty percent subject to obtaining a use permit.

d)    Hours of operation for outdoor dining area shall not extend beyond restaurant hours of operation.

e)    The outdoor dining area shall not restrict or impede accessible access to the building or parking area.

2)    Outdoor crafting of art associated with the business inside the building when the subject parcel abuts an arterial or collector street is permitted and subject to the following:

a)    Storage of materials associated with the crafting area shall not exceed eight (8) feet in height and be limited to the rear or side yard.

b)    Storage area shall be fully screened with a solid wall or landscaping.

c)    Storage of materials associated with the crafting area exceeding eight (8) feet in height shall be subject to obtaining a use permit in accordance with the provisions of the Zoning Administrator Section of the Zoning Ordinance.

D.    Signs.

1.    A-frame signs are permitted on private property, subject to the following:

a.    No off site advertising is permitted.

b.    A maximum of one (1) A-frame sign is permitted per twenty-five (25) feet of street frontage.

c.    A maximum of six (6) square feet of signage per side of the A-frame sign is permitted.

d.    There shall be a maximum height of three (3) feet from natural grade.

e.    All signs shall be removed daily at close of business or event.

2.    Shingle signs are permitted subject to the following:

a.    A maximum of one (1) sign is permitted for each business per facade if access to the business is available from that facade.

b.    A minimum clearance of eight (8) feet from finished grade to the bottom of the sign shall be provided.

c.    A maximum of five (5) square feet in area shall is permitted per side.

d.    No back lit or cabinet signs are permitted.

3.    Wall and window signs are permitted for structures existing as of May 2, 2008 as follows:

a.    Wall signs.

1)    The maximum square footage permitted per Section 705.D. may be increased by twenty-five percent.

2)    The maximum square footage permitted may be increased by an additional ten percent if graphics comprise a minimum of ten percent of the overall square footage of the sign.

b.    Window signs.

1)    The total area of such signs shall not exceed forty percent of each window area located on the ground floor of the building.

E.    Parking, Yard and Area Requirements For Non Residential Uses or Mixed Use Containing Non Residential Uses.

1.    For parking, yard and area requirements for structures existing as of May 2, 2008:

a.    Regardless of change of use or occupancy no additional parking or landscaping shall be required.

b.    Structures may be expanded a total of either 500 gross square feet or twenty-five percent of the existing structure, whichever is greater, and shall not require additional parking or landscaping.

c.    Building additions may exceed the lot coverage of the underlying zoning district by twenty-five percent, excluding those with historic preservation overlays.

d.    Interior setbacks may be reduced by a maximum of twenty-five percent of that required by the underlying zoning district, excluding those with historic preservation overlays.

2.    Outdoor dining which does not exceed twenty-five percent of the primary building’s ground level gross floor area shall not require any additional parking. The outdoor dining area may exceed twenty-five percent to a maximum of fifty percent subject to obtaining a use permit.

3.    Vehicles are permitted to maneuver in the alley subject to approval by the Planning and Development Department when paving, adequate maneuvering space and visibility are addressed. When vehicular access to the site is provided from an alley, no landscape setback is required adjacent to the alley.

Date of Addition/Revision/Deletion - Section 669

+1 Addition on April 2, 2008 by Ordinance No. G-5138, eff. 5-2-2008