(a)

General description. This mixed-use district allows for a wide range of restaurant, limited-scale retail sales, artist studio, residential, office and university uses. It is intended to facilitate the adaptation of existing structures to a more vital mixture of uses, while conserving the exterior architectural quality of an area of historic significance, and further to facilitate the development of new structures in a manner compatible with existing structures. This zoning district shall only be allowed within an arts district as adopted by Ada City Council resolution.

(b)

Certificate of approval required. An arts district certificate of approval shall be required in the following instances prior to the commencement of work upon any structure or site located within the AD-1 arts district, provided that the arts district design committee shall not review the interior design of buildings, to wit:

(1)

The construction or modification of a building's exterior, limited to the following situations or modifications only:

a.

Work on the exterior of a structure requiring a building permit.

b.

The painting of unpainted brick, stone or cast stone, or the painting of more than 30 percent of a window.

c.

The expansion of a building, the addition of a roof to a building, or the addition of a sign.

d.

The enclosure of a window, doorway, archway or other similar openings of a building.

e.

The addition or removal of building materials from the building facades, but not including basic maintenance of such elements as signs, lighting, gutters and downspouts.

f.

The addition or removal of siding.

g.

The installation or placement of signs.

h.

The addition of sight-proof screening or fencing, except for screening designed to meet the required screening of dumpsters and other waste collection receptacles.

(2)

The total or partial demolition of a structure; provided however, if the city council has declared a structure a public nuisance then no CA is required.

(3)

The installation of parking lots and also hardscape features of parking lot designs such as benches, lighting, kiosks, fences and walls.

(4)

Installation of handicap access ramps, desks and patios along with attached deck and patio furniture and equipment, and vending machine locations other than on public right-of-way.

(c)

Design guidelines for certificates of approval. The following design guidelines are advisory and serve as a reference for all parties involved in the design review process. They do not constitute regulations. The arts district design committee shall be guided by these guidelines:

(1)

The setbacks, height and percentage of lot coverage for new buildings and additions to buildings should be in keeping with other buildings on the block. As an alternative, the setback area should be designed and landscaped so as to complement existing buildings. The historic character and texture of the area is best served through the observance of platted building property lines.

(2)

Window alignment and type should be compatible with adjacent buildings.

(3)

Original window and door openings which have been blocked in with wood, brick or other materials should be reestablished during renovations.

(4)

The removal of paint from a facade should utilize a method which is known not to damage the brick or brick glazing. Sandblasting is generally not considered an appropriate method of paint removal from brick surfaces.

(5)

Facades and setbacks should be designed, renovated and provided for with a design that is compatible with the older and historic buildings common to the area. Facade designs to be discouraged include those characterized by mirrored glass, panel walls made of glass, plastic or metal, smooth steel or smooth composite walls, or prefabricated tilt-up concrete walls.

(6)

Historic building ornamentation should not be removed or covered.

(7)

A building recognized locally or nationally for its architectural or historical significance should not be demolished unless there is no reasonable economic alternative.

(8)

Accessory, way-finding and directional signs may be appropriate if designed as a landmark that conveys a message or logo enhancing the identity of the district.

(9)

Local way-finding and directional signs for patrons of arts district businesses and institutions may be permitted on a limited basis, such as two per geographic block. The display surface should not exceed 12 square feet per sign. Styles of lettering commonly used near the year 1925 are recommended. Wall and ground signs constructed of wood and/or metal are preferred.

(10)

Sight-proof screening may include natural or manmade materials, and the design should yield a screen which is durable. When the material used is not vegetation, brick or stone, the surface should be painted or otherwise coated in a uniform color.

(11)

The street frontages of parking lots are highly visible and the lot boundaries should be designed to create security, a pleasant environment, and an obscured view of parked vehicles. The addition of landscaping can provide beneficial microclimatic effects.

(12)

Sidewalks should be constructed along all street frontages, with the width and placement being in keeping with existing sidewalk width and placement. Sidewalk construction shall include the adjacent installation of street trees, spaced at a minimum of an average of 20 feet. Sidewalk construction materials should consist of concrete, brick, stone or granite. Selected trees species should be adaptable to the location and environment.

(13)

The arts district committee is authorized to adopt a recommended color palette of exterior building colors intended to further the objectives of the AD-1 arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

Property and buildings in an AD-1 arts district shall be used only for the following purposes:

(1)

Arts and tourism uses:

a.

Antique shop;

b.

Architect studio or office;

c.

Art gallery or museum;

d.

Art school;

e.

Artist materials and supply sales;

f.

Artist studios and artist offices, including, but not limited to, body art studios;

g.

Arts, crafts and handicrafts creation, fabrication, manufacture, display and sale, including but not limited to ceramics, clothing, soap, perfume, toys, Christmas decorations and other decorations, and also including blacksmiths, silversmiths, goldsmiths and glassblowers, which may include the use of kilns fired by electricity, gas or wood;

h.

Bars, lounges, taverns or festivals serving alcoholic beverage and/or low-point beer indoors or outdoors, subject to other regulations of the Code, which may include live entertainment;

i.

Bed and breakfast;

j.

Book bindery;

k.

Book or stationery store;

l.

Cake decorating shop;

m.

Camera shop;

n.

Candle shop, which may include candle making;

o.

Candy store, which may include candy manufacturing;

p.

Curio shop or gift shop;

q.

Dairy products or ice cream store;

r.

Dancing and music academies;

s.

Drugstore with lunch counter and soda fountain;

t.

Furniture manufacturing;

u.

Interior decorating store;

v.

Jewelry and watch manufacturing;

w.

Jewelry or notions store;

x.

Leather goods shop, which may include leather goods fabrication;

y.

Libraries;

z.

Music conservatories;

aa.

Musical instrument manufacture and sales;

bb.

Music lessons;

cc.

Newspaper or magazine sales;

dd.

Performance venues and assembly halls, to include lodge halls;

ee.

Quilting and sewing sales, which may include related sale of equipment and supplies and instruction;

ff.

Restaurants, cafes, delicatessens, coffee shops and festivals, which may include live entertainment, outdoor service and seating, and related catering operations; and, subject to other regulations of the Code, may include the sale of alcoholic beverage and low-point beer;

gg.

Theater;

hh.

Toy store; and

ii.

Woodworking shops.

(2)

Residential and educational uses compatible with arts and tourism uses:

a.

Detached one-family dwelling, which may include a garage apartment;

b.

Fraternities and sororities, which may include residential facilities;

c.

Garden, general purpose, which may include a community garden, but not the raising of livestock;

d.

Home occupation;

e.

Public and private schools, colleges and universities with students in residence and dormitories associated therewith;

f.

Public park or playground;

g.

Public school or school offering general educational courses the same as ordinarily given in public schools;

h.

Rooming and boarding house;

i.

Townhouses, garden apartments, condominiums and patio homes not exceeding eight units per cluster; and

j.

Two-family dwelling, which may include a garage apartment.

(3)

Retail, office and other uses compatible with arts and tourism uses:

a.

Baby shop;

b.

Bank;

c.

Barber shop;

d.

Beauty shop;

e.

Church, temple or other place of worship;

f.

Cleaning, pressing, laundry agency, providing cleaning and pressing is not done on the premises;

g.

Clothing or apparel store;

h.

County use, city use, public building and public utility;

i.

Day care center for children;

j.

Dress shop;

k.

Floral shop;

l.

Grocery store, (less than 2,500 square feet, permits sale of package beer);

m.

Hardware store, (less than 2,500 square feet);

n.

Key shop;

o.

Medical equipment and supplies;

p.

Medical facility;

q.

Meat market;

r.

Office supply;

s.

Offices for doctors, dentists, psychologists, chiropractors, lawyers, engineers, realtors, insurance agents, financial advisors, stock and bond brokers, educators, counselors and other similar offices uses;

t.

Optometrist sales and service;

u.

Outside display of art and merchandise, for sale or otherwise, except that outside display of mechanized equipment is not permitted;

v.

Pet store;

w.

Photographer studio;

x.

Physical fitness facilities, gymnasiums and salons;

y.

Plant nursery;

z.

Shoe repair shop;

aa.

Sporting goods store;

bb.

Tailor shop;

cc.

Variety store, (less than 2,500 square feet);

dd.

Commercial parking lot; and

ee.

Veterinary clinic.

(4)

Prohibited uses, notwithstanding other provisions of the Code:

a.

Bail bond offices;

b.

Pawn shops;

c.

Payday loan offices or stores;

d.

Pole signs; and

e.

Rental establishments leasing or renting appliances, furniture or other merchandise, except for the rental of musical instruments, costumes, bicycles and other non-motorized recreational equipment.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

All buildings shall in the AD-1 arts district be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

The front yard requirements in the AD-1 arts district are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets;

(4)

Notwithstanding anything contained in the Code to the contrary, there shall be no minimum front yard depth requirement for property fronting on Main Street within the AD-1 arts district.

(c)

Side yard requirements in the AD-1 Arts District are as follows:

(1)

For buildings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent of the average width of the lot and not less than 15 percent of the average width of the lot for main buildings of more than one story except as provided in section 58-446; provided, however, that the minimum side yard shall not be less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story;

(2)

For unattached buildings of accessory use, there shall be a side yard of not less than five feet;

(3)

For buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(4)

In no case shall a garage which faces a street be located closer than 20 feet to the street property line;

(5)

Notwithstanding anything contained in the Code to the contrary, there shall be no side yard requirement for property fronting on Main Street within the AD-1 arts district.

(d)

The rear yard requirements in the AD-1 arts district are as follows:

(1)

For main buildings in the AD-1 arts district, other than garage apartments, there shall be a rear yard of not less than 20 feet.

(2)

A garage apartment may be located in the rear yard, but shall not be located closer than ten feet to the rear lot line.

(3)

Unattached buildings of accessory use may be located in the rear yard of a main building; however, they must observe a minimum set back of ten feet from the rear property line.

(4)

Notwithstanding anything contained in the Code to the contrary, there shall be no rear yard requirement for property fronting on Main Street within the AD-1 arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

No building in the AD-1 arts district shall exceed three stories or 42 feet in height except as provided in section 58-447.

(b)

Any accessory building in the AD-1 arts district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12 feet. Provided, however, that no accessory building shall exceed the height of 20 feet.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

New parking lots. New parking lots shall meet the requirements of the City of Ada, and shall further comply with the following additional requirements:

(1)

For a parking lot provided as a commercial parking lot or as part of a development landscaping shall be provided as approved by the arts district design committee.

(2)

Where a parking lot abuts a street frontage, in order to provide a clear separation between the sidewalk and parking lot, either a minimum three-foot high wall or fence, or a minimum five-foot wide irrigated landscaped area shall be installed and maintained so as not to encroach upon the public rights-of-way. These plantings and walls or fences should not obscure sight either from or into parking lots, rather they should provide a defined edge between the parking and pedestrian areas. Landscaped areas shall be designed to discourage damages to the vegetation due to pedestrian through-traffic. In cases where a fence height above three feet is desired the fence panel areas must provide for visual transparency and shall not be solid panels.

(b)

Existing parking lots. Any construction within, expansion or reconstruction in excess of 500 square feet of existing parking facilities or an increase in the number of parking spaces within the confines of an existing parking lot will require the entire lot to come into compliance with the then current parking requirements of the City of Ada and following additional requirements:

(1)

For a parking lot provided as a commercial parking lot or as a part of a development landscaping shall be provided as approved by the arts district design committee.

(2)

New and existing parking lots shall also conform to the following guidelines:

a.

Trees that drop gum, excessive amounts of moisture, blossoms, seeds or pods, as well as those with low growing branches and those that encourage excessive roosting or nesting should be avoided.

b.

All vegetation should be adapted to and appropriate for the urban climate and should be placed to ensure its adequate access to light and air circulation. The use of drought tolerant plants is encouraged.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Materials stored outside and visible from an abutting street shall be screened from the abutting street with trees planted between the outside storage area and the street, with at least one tree planted every 20 feet adjacent to the street. Deciduous trees shall measure at least one and one-half-inch caliper. Non-deciduous trees shall be at least four feet in height.

(b)

The screening defined in subsection (a) above may or may not provide a sight-proof screen for the materials. An alternative screening design that proposes sight-proof screening shall not be permitted without an arts district certificate of approval from the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Dumpsters and other commercial waste collection receptacles shall be sight-proof screened from view on all sides of the dumpsters.

(b)

A receptacle and its required screening may only be located in the public right-of-way upon the issuance of a revocable permit for both the receptacle and the installation of the screening. Any immobile screening fence would require a building permit.

(c)

The receptacles shall be so screened and maintained by the property owner so that they do not generate trash, debris or odor beyond the screened facility.

(Ord. No. 12-02, § 1, 2-6-2012)

The painting of unpainted brick, stone, or cast stone on structures, or the painting of more than 30 percent of a window, is prohibited, except as approved by the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

Section 58-482 of the Code, entitled "Amount of off-street parking and loading," shall not be applicable to property within the AD-1 arts district, nor shall there be any requirement arising from any other section of the Code as to a minimum number of parking or loading spaces for uses with this district. However, parking shall not be permitted in the front yard.

(Ord. No. 12-02, § 1, 2-6-2012)

Notwithstanding anything to the contrary contained in this article IX (with the provisions of article IX herein called the "arts district ordinance"), the following provisions shall supersede and control over any conflicting provisions of the AD-1, arts district ordinance:

(1)

All legal buildings and uses of land and buildings existing on the effective date of the ordinance from which this article is derived shall be allowed to continue, and shall not be required to comply with the arts district certificate of approval requirements of the AD-1, arts district ordinance unless and until:

a.

The exterior of a building is altered, provided that repair or replacement of the following shall not require compliance with the arts district ordinance:

1.

Roofing materials,

2.

Heating, ventilation or air conditioning (HVAC) facilities,

3.

Electrical panels, or

4.

Windows, provided dimensions of window opening are not changed.

b.

The use of land or a building is changed.

(2)

The AD-1, arts district ordinance shall not apply to ordinary maintenance or repair of any building.

(3)

The AD-1, arts district ordinance shall not control or limit the color of any building.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

General description. This mixed-use overlay district allows for a potential wide range of restaurant, limited-scale retail sales, artist studio, residential, office and university uses as "uses permitted on review" in addition to those uses permitted in the underlying zone. It is intended to facilitate the limited adaptation of existing structures to a more vital mixture of uses, while conserving the exterior architectural quality of an area of historic significance, and further to facilitate the development of new structures in a manner compatible with existing structures. This zoning district shall only be allowed within an arts district as adopted by Ada City Council resolution.

(b)

Review and recommendation required. An arts district committee review and recommendation shall be required for proposed uses permitted on review in the following instances prior to consideration by the planning commission and city council, provided that the arts district design committee shall not review the interior design of buildings, to wit:

(1)

The construction or modification of a building's exterior, limited to the following situations or modifications only:

a.

Work on the exterior of a structure requiring a building permit.

b.

The painting of unpainted brick, stone or cast stone, or the painting of more than 30 percent of a window.

c.

The expansion of a building, the addition of a roof to a building, or the addition of a sign.

d.

The enclosure of a window, doorway, archway or other similar openings of a building.

e.

The addition or removal of building materials from the building facades, but not including basic maintenance of such elements as signs, lighting, gutters and downspouts.

f.

The addition or removal of siding.

g.

The installation or placement of signs.

h.

The addition of sight-proof screening or fencing, except for screening designed to meet the required screening of dumpsters and other waste collection receptacles.

(2)

The total or partial demolition of a structure; provided however, if the city council has declared a structure a public nuisance then no ADC review is required.

(3)

The installation of parking lots and also hardscape features of parking lot designs such as benches, lighting, kiosks, fences and walls.

(4)

Other than in the public right-of-way, installation of handicap access ramps, desks and patios along with attached deck and patio furniture and equipment, and vending machine locations.

(c)

Design guidelines for review and recommendations. The following design guidelines are advisory and serve as a reference for all parties involved in the design review process. They do not constitute regulations. The arts district design committee shall be guided by these guidelines:

(1)

The setbacks, height and percentage of lot coverage for new buildings and additions to buildings should be in keeping with other buildings on the block. As an alternative, the setback area should be designed and landscaped so as to complement existing buildings. The historic character and texture of the area is best served through the observance of platted building property lines.

(2)

Window alignment and type should be compatible with adjacent buildings.

(3)

Original window and door openings which have been blocked in with wood, brick or other materials should be reestablished during renovations.

(4)

The removal of paint from a facade should utilize a method which is known not to damage the brick or brick glazing. Sandblasting is generally not considered an appropriate method of paint removal from brick surfaces.

(5)

Facades and setbacks should be designed, renovated and provided for with a design that is compatible with the older and historic buildings common to the area. Facade designs to be discouraged include those characterized by mirrored glass, panel walls made of glass, plastic or metal, smooth steel or smooth composite walls, or prefabricated tilt-up concrete walls.

(6)

Historic building ornamentation should not be removed or covered.

(7)

A building recognized locally or nationally for its architectural or historical significance should not be demolished unless there is no reasonable economic alternative.

(8)

Accessory, way-finding and directional signs may be appropriate if designed as a landmark that conveys a message or logo enhancing the identity of the district.

(9)

Local way-finding and directional signs for patrons of arts district businesses and institutions may be permitted on a limited basis, such as two per geographic block. The display surface should not exceed 12 square feet per sign. Styles of lettering commonly used near the year 1925 are recommended. Wall and ground signs constructed of wood and/or metal are preferred.

(10)

Sight-proof screening may include natural or manmade materials, and the design should yield a screen which is durable. When the material used is not vegetation, brick or stone, the surface should be painted or otherwise coated in a uniform color.

(11)

The street frontages of parking lots are highly visible and the lot boundaries should be designed to create security, a pleasant environment, and an obscured view of parked vehicles. The addition of landscaping can provide beneficial microclimatic effects.

(12)

Sidewalks should be constructed along all street frontages, with the width and placement being in keeping with existing sidewalk width and placement. Sidewalk construction shall include the adjacent installation of street trees, spaced at a minimum of an average of 20 feet. Sidewalk construction materials should consist of concrete, brick, stone or granite. Selected trees species should be adaptable to the location and environment.

(13)

The committee is authorized to adopt a recommended color palette of exterior building colors intended to further the objectives of the AD-T arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

Property and buildings in an AD-T arts district shall be used only for those uses identified in the underlying zoning district and for the following purposes when approved as uses permitted on review:

(1)

Arts and tourism uses:

a.

Antique shop;

b.

Architect studio or office;

c.

Art gallery or museum;

d.

Art school;

e.

Artist materials and supply sales;

f.

Artist studios and artist offices, including must not limited to body art studios;

g.

Arts, crafts and handicrafts creation, fabrication, manufacture, display and sale, including but not limited to ceramics, clothing, soap, perfume, toys, Christmas decorations and other decorations, and also including silversmiths, goldsmiths and glassblowers, which may include the use of kilns fired by electricity, gas or wood;

h.

Bars, lounges, taverns or festivals serving alcoholic beverage and/or low-point beer indoors or outdoors, subject to other regulations of the Code, which may include live entertainment;

i.

Bed and breakfast;

j.

Book bindery;

k.

Book or stationery store;

l.

Cake decorating shop;

m.

Camera shop;

n.

Candle shop, which may include candle making;

o.

Candy store, which may include candy manufacturing;

p.

Curio shop or gift shop;

q.

Dairy products or ice cream store;

r.

Dancing and music academies;

s.

Drugstore with lunch counter and soda fountain;

t.

Furniture manufacturing;

u.

Interior decorating store;

v.

Jewelry and watch manufacturing;

w.

Jewelry or notions store;

x.

Leather goods shop, which may include leather goods fabrication;

y.

Libraries;

z.

Music conservatories;

aa.

Musical instrument manufacture and sales;

bb.

Music lessons;

cc.

Newspaper or magazine sales;

dd.

Performance venues and assembly halls, to include lodge halls;

ee.

Quilting and sewing sales, which may include related sale of equipment and supplies and instruction;

ff.

Restaurants, cafes, delicatessens, coffee shops and festivals, which may include live entertainment, outdoor service and seating, and related catering operations; and, subject to other regulations of the Code, may include the sale of alcoholic beverage and low-point beer;

gg.

Theater;

hh.

Toy store; and

ii.

Woodworking shops.

(2)

Residential and educational uses compatible with arts and tourism uses:

a.

Detached one-family dwelling, which may include a garage apartment;

b.

Fraternities and sororities, which may include residential facilities;

c.

Garden, general purpose, which may include a community garden, but not the raising of livestock;

d.

Home occupation;

e.

Public and private schools, colleges and universities with students in residence and dormitories associated therewith;

f.

Public park or playground;

g.

Public school or school offering general educational courses the same as ordinarily given in public schools;

h.

Rooming and boarding house;

i.

Townhouses, garden apartments, condominiums and patio homes not exceeding eight units per cluster; and

j.

Two-family dwelling, which may include a garage apartment.

(3)

Retail, office and other uses compatible with arts and tourism uses:

a.

Baby shop;

b.

Bank;

c.

Barber shop;

d.

Beauty shop;

e.

Church, temple or other place of worship;

f.

Cleaning, pressing, laundry agency, providing cleaning and pressing is not done on the premises;

g.

Clothing or apparel store;

h.

County use, city use, public building and public utility;

i.

Day care center for children;

j.

Dress shop;

k.

Floral shop;

l.

Key shop;

m.

Medical equipment and supplies;

n.

Medical facility;

o.

Meat market;

p.

Office supply;

q.

Offices for doctors, dentists, psychologists, chiropractors, lawyers, engineers, realtors, insurance agents, financial advisors, stock and bond brokers, educators, counselors and other similar offices uses;

r.

Optometrist sales and service;

s.

Outside display of art and merchandise, for sale or otherwise, except that outside display of mechanized equipment is not permitted;

t.

Pet store;

u.

Photographer studio;

v.

Physical fitness facilities, gymnasiums and salons;

x.

Plant nursery;

w.

Shoe repair shop;

y.

Sporting goods store;

z.

Tailor shop; and

aa.

Commercial parking lot.

(4)

Prohibited uses, notwithstanding other provisions of the Code:

a.

Bail bond offices;

b.

Pawn shops;

c.

Payday loan offices or stores;

d.

Pole signs; and

e.

Rental establishments leasing or renting appliances, furniture or other merchandise, except for the rental of musical instruments, costumes, bicycles and other non-motorized recreational equipment.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

All buildings shall, in the AD-T, arts district transitional zone, be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

The front yard requirements in the AD-T zone are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets;

(c)

Side yard requirements in the AD-T zone are as follows:

(1)

For buildings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent of the average width of the lot and not less than 15 percent of the average width of the lot for main buildings of more than one story except as provided in section 58-446; provided, however, that the minimum side yard shall not be less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story;

(2)

For unattached buildings of accessory use, there shall be a side yard of not less than five feet;

(3)

For buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(4)

In no case shall a garage which faces a street be located closer than 20 feet to the street property line;

(d)

Rear yard requirements in the AD-T zone are as follows:

(1)

For main buildings in the AD-T zone other than garage apartments, there shall be a rear yard of not less than 20 feet.

(2)

A garage apartment may be located in the rear yard, but shall not be located closer than ten feet to the rear lot line.

(3)

Unattached buildings of accessory use may be located in the rear yard of a main building; however, they must observe a minimum set back of ten feet from the rear property line.

(4)

Notwithstanding anything contained in the Code to the contrary, there shall be no rear yard requirement for property fronting on Main Street within the AD-T arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

No building in the AD-T zone shall exceed three stories or 42 feet in height except as provided in section 58-447.

(b)

Any accessory building in the AD-T zone exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12 feet. Provided, however, that no accessory building shall exceed the height of 20 feet.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

New parking lots. New parking lots shall meet the requirements of the City of Ada, and shall further comply with the following additional requirements:

(1)

For a parking lot provided as a commercial parking lot or as part of a development, landscaping shall be provided as approved by the arts district design committee.

(2)

Where a parking lot abuts a street frontage, in order to provide a clear separation between the sidewalk and parking lot, either a minimum three-foot high wall or fence, or a minimum five-foot wide irrigated landscaped area shall be installed and maintained so as not to encroach upon the public rights-of-way. These plantings and walls or fences should not obscure sight either from or into parking lots, rather they should provide a defined edge between the parking and pedestrian areas. Landscaped areas shall be designed to discourage damages to the vegetation due to pedestrian through-traffic. In cases where a fence height above three feet is desired the fence panel areas must provide for visual transparency and shall not be solid panels.

(b)

Existing parking lots. Any construction within, expansion or reconstruction in excess of 500 square feet of existing parking facilities or an increase in the number of parking spaces within the confines of an existing parking lot will require the entire lot to come into compliance with the then current parking requirements of the City of Ada and following additional requirements:

(1)

For a parking lot provided as a commercial parking lot or as a part of a development shall be provided as approved by the arts district design committee.

(2)

New and existing parking lots shall also conform to the following guidelines:

a.

Trees that drop gum, excessive amounts of moisture, blossoms, seeds pods, as well as those with low growing branches and those that encourage excessive roosting or nesting should be avoided.

b.

All vegetation should be adapted to and appropriate for the urban climate and should be placed to ensure its adequate access to light and air circulation. The use of drought tolerant plants is encouraged.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Materials stored outside and visible from an abutting street shall be screened from the abutting street with trees planted between the outside storage area and the street, with at least one tree planted every 20 feet adjacent to the street. Deciduous trees shall measure at least one and one-half-inch caliper at the time of planting. Non-deciduous trees shall be at least four feet in height.

(b)

The screening defined in subsection (a) above may or may not provide a sight-proof screen for the materials. An alternative screening design that proposes sight-proof screening shall not be permitted without an arts district review and recommendation from the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Dumpsters and other commercial waste collection receptacles shall be sight-proof screened from view on all sides of the dumpsters.

(b)

A receptacle and its required screening may only be located in the public right-of-way upon the issuance of a revocable permit for both the receptacle and the installation of the screening. Any immobile screening fence would require a building permit.

(c)

The receptacles shall be so screened and maintained by the property owner so that they do not generate trash, debris or odor beyond the screened facility.

(Ord. No. 12-02, § 1, 2-6-2012)

The painting of unpainted brick, stone, or cast stone on structures, or the painting of more than 30 percent of a window, is discouraged, except as reviewed and recommended for approval by the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

Section 58-482 of the Code, entitled "Amount of off-street parking and loading," may be wholly or partially waived when approved as part of the site plan review required with each request for approval of a use permitted on review. However, parking shall not be permitted in the front yard.

(Ord. No. 12-02, § 1, 2-6-2012)

Notwithstanding anything to the contrary contained in this article IX (with the provisions of article IX herein called the "arts district ordinance"), the following provisions shall supersede and control over any conflicting provisions of the AD-T, arts district ordinance:

(1)

All residential structures shall be exempt from all AD-T, arts district transitional requirements. All legal buildings and uses of land and buildings existing on the effective date of the ordinance from which this article is derived shall be allowed to continue, and shall not be required to comply with the arts district review and recommendation requirements of the AD-T, arts district transitional ordinance unless and until:

a.

The exterior of a building is altered, provided that repair or replacement of the following shall not require compliance with the AD-T, arts district ordinance:

1.

Roofing materials,

2.

Heating, ventilation or air conditioning (HVAC) facilities,

3.

Electrical panels, or

4.

Windows, provided dimensions of window opening are not changed.

b.

The use of land or a building is changed.

(2)

The AD-T, arts district transitional ordinance shall not apply to ordinary maintenance or repair of any building.

(3)

The AD-T, arts district transitional ordinance shall not control or limit the color of any building.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

General description. This mixed-use overlay district allows for a potential wide range of limited-scale retail sales, artist studio, residential, office and university uses as "uses permitted on review" in addition to those uses permitted in the underlying zone. It is intended to facilitate the limited adaptation of existing structures to a more vital mixture of uses, while conserving the exterior architectural quality of an area of historic significance, and further to facilitate the development of new structures in a manner compatible with existing structures. This zoning district shall only be allowed within an arts district as adopted by Ada City Council resolution.

(b)

Review and recommendation required. An arts district committee review and recommendation shall be required for proposed uses permitted on review in the following instances prior to consideration by the planning commission and city council, provided that the arts district design committee shall not review the interior design of buildings, to wit:

(1)

The construction or modification of a building's exterior, limited to the following situations or modifications only:

a.

Work on the exterior of a structure requiring a building permit.

b.

The painting of unpainted brick, stone or cast stone, or the painting of more than 30 percent of a window.

c.

The expansion of a building, the addition of a roof to a building, or the addition of a sign.

d.

The enclosure of a window, doorway, archway or other similar openings of a building.

e.

The addition or removal of building materials from the building facades, but not including basic maintenance of such elements as signs, lighting, gutters and downspouts.

f.

The addition or removal of siding.

g.

The installation or placement of signs.

h.

The addition of sight-proof screening or fencing, except for screening designed to meet the required screening of dumpsters and other waste collection receptacles.

(2)

The total or partial demolition of a structure; provided however, if the city council has declared a structure a public nuisance then no ADC review is required.

(3)

The installation of parking lots and also hardscape features of parking lot designs such as benches, lighting, kiosks, fences and walls.

(4)

Other than in the public right-of-way, installation of handicap access ramps, desks and patios along with attached deck and patio furniture and equipment, and vending machine locations.

(c)

Design guidelines for review and recommendations. The following design guidelines are advisory and serve as a reference for all parties involved in the design review process. They do not constitute regulations. The arts district design committee shall be guided by these guidelines:

(1)

The setbacks, height and percentage of lot coverage for new buildings and additions to buildings should be in keeping with other buildings on the block. As an alternative, the setback area should be designed and landscaped so as to complement existing buildings. The historic character and texture of the area is best served through the observance of platted building property lines.

(2)

Window alignment and type should be compatible with adjacent buildings.

(3)

Original window and door openings which have been blocked in with wood, brick or other materials should be reestablished during renovations.

(4)

The removal of paint from a facade should utilize a method which is known not to damage the brick or brick glazing. Sandblasting is generally not considered an appropriate method of paint removal from brick surfaces.

(5)

Facades and setbacks should be designed, renovated and provided for with a design that is compatible with the older and historic buildings common to the area. Facade designs to be discouraged include those characterized by mirrored glass, panel walls made of glass, plastic or metal, smooth steel or smooth composite walls, or prefabricated tilt-up concrete walls.

(6)

Historic building ornamentation should not be removed or covered.

(7)

A building recognized locally or nationally for its architectural or historical significance should not be demolished unless there is no reasonable economic alternative.

(8)

Accessory, way-finding and directional signs may be appropriate if designed as a landmark that conveys a message or logo enhancing the identity of the district.

(9)

Local way-finding and directional signs for patrons of arts district businesses and institutions may be permitted on a limited basis, such as two per geographic block. The display surface should not exceed 12 square feet per sign. Styles of lettering commonly used near the year 1925 are recommended. Wall and ground signs constructed of wood and/or metal are preferred.

(10)

Sight-proof screening may include natural or manmade materials, and the design should yield a screen which is durable. When the material used is not vegetation, brick or stone, the surface should be painted or otherwise coated in a uniform color.

(11)

The street frontages of parking lots are highly visible and the lot boundaries should be designed to create security, a pleasant environment, and an obscured view of parked vehicles. The addition of landscaping can provide beneficial microclimatic effects.

(12)

Sidewalks should be constructed along all street frontages, with the width and placement being in keeping with existing sidewalk width and placement. Sidewalk construction shall include the adjacent installation of street trees, spaced at a minimum of an average of 20 feet. Sidewalk construction materials should consist of concrete, brick, stone or granite. Selected trees species should be adaptable to the location and environment.

(13)

The committee is authorized to adopt a recommended color palette of exterior building colors intended to further the objectives of the AD arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

Property and buildings in an AD-R arts district residential zone shall be used only for those uses identified in the underlying zoning district and for the following purposes when approved as uses permitted on review:

(1)

Arts and tourism uses:

a.

Architect studio or office;

b.

Art gallery or museum;

c.

Art school;

d.

Artist materials and supply sales;

e.

Artist studios and artist offices, including, but not limited to, body art studios;

f.

Arts, crafts and handicrafts creation, fabrication, manufacture, display and sale, including but not limited to ceramics, clothing, soap, perfume, toys, Christmas decorations and other decorations, and also including silversmiths, goldsmiths and glassblowers, which may include the use of kilns fired by electricity, gas or wood;

g.

Bed and breakfast;

h.

Book bindery;

i.

Cake decorating shop;

j.

Candle shop, which may include candle making;

k.

Dancing and music academies;

l.

Jewelry and watch manufacturing;

m.

Leather goods shop, which may include leather goods fabrication;

n.

Music conservatories;

o.

Musical instrument manufacture and sales;

p.

Music lessons;

q.

Quilting and sewing sales, which may include related sale of equipment and supplies and instruction; and

r.

Woodworking shops.

(2)

Residential and educational uses compatible with arts and tourism uses:

a.

Detached one-family dwelling, which may include a garage apartment;

b.

Fraternities and sororities, which may include residential facilities;

c.

Garden, general purpose, which may include a community garden, but not the raising of livestock;

d.

Home occupation;

e.

Public and private schools, colleges and universities with students in residence and dormitories associated therewith;

f.

Public park or playground;

g.

Public school or school offering general educational courses the same as ordinarily given in public schools;

h.

Rooming and boarding house;

i.

Townhouses, garden apartments, condominiums and patio homes not exceeding eight units per cluster; and

j.

Two-family dwelling, which may include a garage apartment.

(3)

Retail, office and other uses compatible with arts and tourism uses:

a.

Church, temple or other place of worship;

b.

County use, city use, public building and public utility;

c.

Day care center for children;

d.

Offices for doctors, dentists, psychologists, chiropractors, lawyers, engineers, realtors, insurance agents, financial advisors, stock and bond brokers, educators, counselors and other similar offices uses;

e.

Photographer studio;

f.

Plant nursery;

g.

Shoe repair shop; and

h.

Tailor shop.

(4)

Prohibited uses, notwithstanding other provisions of the Code:

a.

Bail bond offices;

b.

Pawn shops;

c.

Payday loan offices or stores;

d.

Pole signs; and

e.

Rental establishments leasing or renting appliances, furniture or other merchandise, except for the rental of musical instruments, costumes, bicycles and other non-motorized recreational equipment.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

All buildings shall in the AD-R, arts district residential be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

The front yard requirements in the AD-R, arts district residential are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets;

(c)

Side yard requirements in the AD-R, arts district residential are as follows:

(1)

For buildings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent of the average width of the lot and not less than 15 percent of the average width of the lot for main buildings of more than one story except as provided in section 58-446; provided, however, that the minimum side yard shall not be less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story;

(2)

For unattached buildings of accessory use, there shall be a side yard of not less than five feet;

(3)

For buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(4)

In no case shall a garage which faces a street be located closer than 20 feet to the street property line;

(d)

The front yard requirements in the AD-R, arts district residential are as follows:

(1)

For main buildings in the AD-R, arts district residential zone, other than garage apartments, there shall be a rear yard of not less than 20 feet;

(2)

A garage apartment may be located in the rear yard, but shall not be located closer than ten feet to the rear lot line;

(3)

Unattached buildings of accessory use may be located in the rear yard of a main building; however, they must observe a minimum set back of ten feet from the rear property line.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

No building in the AD-R, arts district residential shall exceed three stories or 42 feet in height except as provided in section 58-447.

(b)

Any accessory building in the AD-R arts district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12 feet. Provided, however, that no accessory building shall exceed the height of 20 feet.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

New parking lots. New parking lots shall meet the requirements of the City of Ada, and shall further comply with the following additional requirements:

(1)

For a parking lot provided as part of a development, landscaping shall be provided as approved by the arts district design committee.

(2)

Where a parking lot abuts a street frontage, in order to provide a clear separation between the sidewalk and parking lot, either a minimum three-foot high wall or fence, or a minimum five-foot wide irrigated landscaped area shall be installed and maintained so as not to encroach upon the public rights-of-way. These plantings and walls or fences should not obscure sight either from or into parking lots, rather they should provide a defined edge between the parking and pedestrian areas. Landscaped areas shall be designed to discourage damages to the vegetation due to pedestrian through-traffic. In cases where a fence height above three feet is desired the fence panel areas must provide for visual transparency and shall not be solid panels.

(b)

Existing parking lots. Any construction within, expansion or reconstruction in excess of 500 square feet of existing parking facilities or an increase in the number of parking spaces within the confines of an existing parking lot will require the entire lot to come into compliance with the then current parking requirements of the City of Ada and following additional requirements:

(1)

For a parking lot provided as a part of a development landscaping shall be provided as approved by the arts district design committee.

(2)

New and existing parking lots shall also conform to the following guidelines:

a.

Trees that drop gum, excessive amounts of moisture, blossoms, seeds or pods, as well as those with low growing branches and those that encourage excessive roosting or nesting should be avoided.

b.

All vegetation should be adapted to and appropriate for the urban climate and should be placed to ensure its adequate access to light and air circulation. The use of drought tolerant plants is encouraged.

(Ord. No. 12-02, § 1, 2-6-2012)

The painting of unpainted brick, stone, or cast stone on structures, or the painting of more than 30 percent of a window, is discouraged, except as reviewed and recommended for approval by the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

Section 58-482 of the Code, entitled "Amount of off-street parking and loading," may be wholly or partially waived when approved as part of the site plan review required with each request for approval of a use permitted on review. However, parking shall not be permitted in the front yard.

(Ord. No. 12-02, § 1, 2-6-2012)

Notwithstanding anything to the contrary contained in this article IX (with the provisions of article IX herein called the "arts district ordinance"), the following provisions shall supersede and control over any conflicting provisions of the arts district ordinance:

(1)

All residential structures shall be exempt from all AD-R, arts district residential requirements. All legal buildings and uses of land and buildings existing on the effective date of the ordinance from which this article is derived shall be allowed to continue, and shall not be required to comply with the arts district review and recommendation requirements of the arts district ordinance unless and until:

a.

The exterior of a building is altered, provided that repair or replacement of the following shall not require compliance with the AD-R, arts district ordinance:

1.

Roofing materials,

2.

Heating, ventilation or air conditioning (HVAC) facilities,

3.

Electrical panels, or

4.

Windows, provided dimensions of window opening are not changed; or

b.

The use of land or a building is changed.

(2)

The AD-R, arts district residential ordinance shall not apply to ordinary maintenance or repair of any building.

(3)

The AD-R, arts district residential ordinance shall not control or limit the color of any building.

(Ord. No. 12-02, § 1, 2-6-2012)

The City of Ada hereby creates and establishes the arts district design committee.

(Ord. No. 12-02, § 1, 2-6-2012)

The arts district design committee shall have the following powers and duties:

(1)

Design review. To administer the design review process for the arts district.

(2)

Arts district review and recommendations or certificates of approval. To issue arts district recommendations or certificates of approval for property located within the arts district.

(3)

Revocable permit applications. To recommend approval or disapproval to city staff of applications for revocable permits for the temporary use of the public right-of-way for:

a.

Placement of tables, chairs, food and beverage service stations and other temporary facilities for cafes and other eating establishments,

b.

Placement of planters and other similar facilities, and

c.

For festivals, weddings and other ceremonies and events.

(4)

To review and make non-binding recommendations for any application for demolition, rezoning, variances, special exceptions, special permits, or subdivision of land requiring a public hearing concerning property located wholly or partially within the arts district, or abutting or across a street or other right-of-way from any boundary of the arts district.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Membership. The arts district design committee shall consist of five members, whom the mayor shall appoint with the consent and approval of the city council. The arts district design committee shall be composed as follows:

(1)

Two members shall be any combination of registered architects, landscape architects, urban planners, historical preservationists, licensed civil engineers, licensed real estate professionals or licensed real estate appraisers, each with demonstrated knowledge of urban design principles.

(2)

Two members shall be owners or tenants within the arts district, or representatives of same.

(3)

One member shall be a professional artist or art educator.

(b)

Officers. The arts district design committee shall elect a chairperson who shall serve for one year or until his/her successor takes office, and shall be eligible for re-election.

(c)

Compensation. All members of the arts district design committee shall serve without compensation.

(d)

Term of office. The term of each member of the arts district design committee shall be three years or until his/her successor takes office. Members of the arts district design committee shall be eligible for reappointment.

(e)

Removal of members. Members of the arts district design committee may be removed by the mayor for cause upon the filing of written charges and after a public hearing before the city council for insufficiency, neglect of duty or malfeasance.

(f)

Vacancies. Members may be appointed to fill the remainder of vacant terms by the mayor, with the consent and approval of the city council.

(Ord. No. 12-02, § 1, 2-6-2012)

(a)

Meetings shall be scheduled monthly, which may be canceled for lack of applications. Special meetings of the arts district design committee shall be held at the call of the chairperson or at the request of the majority of the members of the committee.

(b)

Presiding officer. The chairperson or, in his/her absence, the acting chairperson, shall preside over the meeting, administer oaths and may request the attendance of witnesses.

(c)

Attendance. Members of the arts district design committee are required to attend at least 75 percent of the regularly scheduled arts district design committee meetings over a one calendar year period. Failure to achieve this level of attendance shall result in the automatic termination of the member's tenure with the arts district design committee and the mayor may make an appointment to fill the vacancy with the consent and approval of the city council.

(d)

Quorum. Three members of the arts district design committee shall constitute a quorum for the transaction of business.

(e)

Open to public. All meetings of the arts district design committee shall be subject to the Oklahoma Open Meetings Act (25 O.S. § 301 et seq.). Any person shall be entitled to appear and be heard on any matter before the arts district design committee.

(f)

Rules. The arts district design committee shall adopt its own rules of procedure not in conflict with Oklahoma statutes or the ordinances of the City of Ada, subject to approval by the city council.

(g)

Vote. Action taken at any meeting shall require the concurring vote of a majority of the members of the arts district design committee who are present at the meeting.

(h)

Records. The arts district design committee shall keep a record of its proceedings, which shall be public records.

(i)

Appeals from decisions of arts district design committee to city council. An applicant to the arts district design committee aggrieved by a decision of the arts district design committee may appeal such decision to the city council, which may affirm, reverse or modify the decision of the arts district design committee. Such appeal and the grounds for the appeal shall be in writing and must be filed with the city clerk within 30 days of the decision of the arts district design committee. Prior to city council consideration of an appeal from the arts district design committee, notice shall be given in the same matter as required for a zoning variance.

(Ord. No. 12-02, § 1, 2-6-2012)