Commercial districts provide activity centers with shopping and services, employment for local residents and additional revenue to strengthen the city's economic base. Commercial zoning standards are intended to ensure convenience, safety, positive community image, variety in retail uses, commerce and office development that enhances the citizens' quality of life. Zoning classifications include classifications for (i) offices, (ii) neighborhood, community and regional businesses and (iii) unique commercial uses found in the city's traditional commercial area. Use intensities and site development criteria are intended to mitigate impact on, as well as maintain compatibility with adjacent residential areas.

It is the intent of this ordinance to group similar or compatible land uses into specific zoning districts, either as permitted uses, uses permitted with conditions, or as uses authorized by a conditional use permit. Uses not listed as a permitted, permitted with conditions, or conditional use shall be prohibited from the applicable zoning district. In the event a particular use is not listed in this section and such use is not otherwise prohibited by law, the zoning administrator or designee shall determine whether such use is analogous to other listed uses; the determination shall be made pursuant to section 28-5 of this ordinance. The following standard commercial districts are established:

(a)

Residential Office (R-O). The purpose of the Residential Office (R-O) district is to promote professional and administrative services and live-work uses on small parcels located between higher intensity commercial and multi-use zones and residential zones. Residential Office is most appropriate in and around traditional single-family and multi-family residential developments.

(1)

Encourage a low-intensity environment for office uses at a residential scale.

(2)

Provide an appropriate transition from single-family residential uses to multi-family residential and non-residential uses.

(3)

Support the adaptive reuse of residential structures with direct access to collector and arterial streets for limited office uses.

(4)

Encourage development that is consistent with the policies and the guidelines established in any specific plan and the General Plan.

(b)

Commercial Office District (C-O). The purpose of the Commercial Office (C-O) district is to provide an environment desirable for and conducive to development of office and related uses, as well as certain other kinds of uses which assure compatibility with office uses and/or the residential districts that often may abut the C-O District.

(1)

Provide an environment for office park development with maximum heights as prescribed by General Plan, Freeway Corridor Specific Plan, and North Avondale Specific Plans.

(2)

Provide an area for high-quality employment uses is a campus setting as presented in the Employment designation if the General Plan.

(3)

Allow uses that are compatible with an office park that act as support for the uses within the office park.

(4)

Serve to provide a transition from more intensive to less intensive uses, usually between commercial and residential districts.

(5)

Encourage development that is consistent with the policies and the guidelines established in any specific plan and the General Plan.

(c)

Neighborhood Commercial District (C-1). The purpose of the Neighborhood Commercial (C-1) district is to accommodate retail and service establishments satisfying the everyday needs of consumers residing in adjacent neighborhoods.

(1)

Provide for neighborhood commercial centers with a trade area limited generally to adjacent and nearby neighborhoods.

(2)

Act as the primary type of neighborhood commercial development.

(3)

Be located at the intersection of arterial streets with at least one (1) property line directly abutting a residential zone.

(4)

Have users that generally do not exceed seventy thousand (70,000) gross building square feet.

(5)

Encourage development that is consistent with the policies and the guidelines established in any specific plan and the General Plan.

(d)

Community Commercial District (C-2). The purpose of the Community Commercial (C-2) district is to accommodate development of commercial complexes providing goods and services to a community-wide trade area.

(1)

Encourage commercial centers that are planned, developed and managed as integrated complexes with individual users.

(2)

Be located so that primary driveways access arterial streets.

(3)

Include users with a building square footage up to two hundred thousand (200,000) gross building square feet.

(4)

Encourage development that is consistent with the policies and the guidelines established in any specific plan and the General Plan.

(e)

Freeway Commercial District (C-3). The purpose of the Freeway Commercial (C-3) district is to promote freeway-oriented services and products with a community-wide to regional trade area while avoiding the disruption of less intensive commercial activities. This zone district is most appropriate along major arterial streets or along or near freeways.

(1)

Provide an area for large-scale commercial developments while avoiding the disruption of less intensive residential or commercial activities.

(2)

To create an environment for uses that generally can produce amounts of noise, traffic, and other adverse effects and are of a size that are not compatible with residential development or less intense office and commercial development.

(3)

Encourage commercial centers that are planned, developed and managed as integrated complexes with individual users.

(4)

Include users with a building square footage in the range greater than two hundred thousand (200,000) gross square feet.

(5)

Encourage development that is consistent with the policies and the guidelines established in any specific plan and the General Plan.

The following land use matrix shows the uses, which are permitted outright (P), permitted with a conditional use permit (C), permitted with conditions (PC), permitted as accessory uses (A) or prohibited (-) in specific commercial zoning districts in the City of Avondale. The land use matrix is intended to serve as a guide for the convenience of the user of this zoning ordinance. Where the text of this zoning ordinance differs from the land use matrix, the text shall prevail.

P = Permitted Use

C = Conditional Use Permit required

PC = Permitted with Conditions

A = Accessory Use

- = Not Permitted

(Ord. No. 2055-0823, § 12, 8-21-23)

The following land uses are listed in the land use matrix as permitted with conditions. These uses are permitted by right only if the conditions listed below for the individual uses are met. Based on site plan review, staff may add additional conditions of approval deemed necessary to protect the health, safety, and public welfare.

(a)

An adult day care facility is allowed in certain commercial zone districts provided that:

(1)

All activities shall be conducted entirely within enclosed buildings.

(2)

Hours of operation must be equivalent to what is expected of a general office; overnight stays are not permitted.

(3)

No more than two (2) commercial vehicles shall be stored on site in association with a location that is part of a commercial center or commercial complex that includes retail uses.

(4)

Commercial vehicles may park directly adjacent to the building frontage during hours of operation. Outside hours of operation, when feasible, commercial vehicles shall not face or be visible from public streets.

(b)

An assisted living facility or similar use may be permitted in certain commercial districts, provided that no such facility is located on a lot with a property line within one thousand three hundred twenty (1,320) feet, measured in a straight line in any direction, of the lot line of another facility.

(c)

Automobile, boat, recreational vehicle, or motorcycle sales and/or leasing is allowed in certain commercial zone districts provided that:

(1)

No more than six (6) vehicles shall be stored on site in association with an office location that is part of a commercial center, or commercial complex that includes retail uses.

(2)

Vehicle storage shall be limited to paved areas and shall not occupy required parking spaces or drive aisles.

(3)

Accessory uses, such as vehicle washing, refueling stations, and minor maintenance garages, may be allowed on site only if such uses are screened from off-site view and are not used by the general public. Such uses shall be designed and sited as to limit the noise impacts to surrounding properties.

(d)

Automobile rental facility with on-site storage is allowed in certain commercial zone districts provided that:

(1)

No more than six (6) vehicles shall be stored on site in association with an office location that is part of a commercial center, or commercial complex that includes retail uses.

(2)

Vehicle storage shall be limited to paved areas and shall not occupy required parking spaces or drive aisles.

(3)

Accessory uses, such as vehicle washing, refueling stations, and minor maintenance garages, may be allowed on site only if such uses are screened from off-site view and are not used by the general public. Such uses shall be designed and sited as to limit the noise impacts to surrounding properties.

(4)

Storage of vehicles shall be screened from off-site view by a three (3) foot or taller screen wall.

(e)

Automobile service and diagnostic facility is allowed in certain commercial zone districts provided that:

(1)

Where the site or use abuts or adjoins any residentially zoned property or use, there shall be a solid screen wall at least six (6) feet in height constructed according to the City of Avondale Design Manuals, with a minimum twenty-foot landscaping buffer inside the wall adjacent to the residentially zoned property or use.

(2)

Buildings shall be sited to ensure that garage bay doors do not face public streets or are immediately adjacent to residentially zoned property or uses.

(f)

Banks and financial institutions without drive-through, excluding non-chartered financial institutions, are allowed in certain commercial zone districts provided that:

(1)

Banks and financial institutions included within an office building shall not occupy more than twenty-five (25) percent of the gross floor area.

(g)

Bars are allowed in certain commercial zone districts provided that:

(1)

The exterior building wall of a bar shall not be located within one thousand three hundred twenty (1,320) feet of the exterior property lines of a public or private school, or church, unless the bar is located in a designated Entertainment District according to Ariz. Rev. Stat. § 4-207, as amended.

(2)

Exits and entrances to a bar shall not be located within three hundred (300) feet of a residential district or use unless located on the ground floor of a mixed-use building.

(3)

Closing time for dance floors or other accessory uses to a bar shall coincide with the closing time for the bar.

(h)

Colleges or universities are allowed in certain commercial zone districts provided that:

(1)

Colleges and universities shall be developed as a campus or park development, rather than as or within a shopping center.

(i)

Drive-through uses, including restaurants and financial institutions are allowed in certain commercial zone districts provided that:

(1)

Payment and/or pick-up windows shall not face arterial streets unless obscured through allowable screening material as approved by the zoning administrator.

(2)

Drive-through lane canopies shall be included covering any payment or pick-up windows. Canopies shall be fully architecturally integrated in to the building consistent with the requirements of the design manuals.

(3)

Portions of a drive-through lane that are adjacent to an arterial street shall be screened by a minimum three-foot tall wall, berm, or alternative screening method.

(4)

Speaker boxes shall be located a minimum of seventy (70) feet from any residentially zoned property or residential use.

(5)

Drive-through lane queuing length shall be approved in accordance with a traffic study as approved by the city engineer.

(j)

Funeral homes are allowed in certain commercial zone districts provided that:

(1)

Sites shall be designed such that parking, circulation, and access will not adversely affect adjacent or nearby residentially zoned property or residential use.

(k)

Health and exercise centers are allowed in certain commercial zone districts provided that:

(1)

Heath and exercise centers located within neighborhood shopping centers shall be limited to no larger than seven thousand (7,000) square feet in area.

(l)

Night clubs are allowed in certain commercial zone districts provided that:

(1)

The exterior building wall of a night club shall not be located within one thousand three hundred twenty (1,320) feet of the exterior property lines of a public or private school or church, unless the night club is located in a designated entertainment district according to Ariz. Rev. Stat. § 4-207, as amended.

(2)

Exits and entrances to a night club shall not be located within three hundred (300) feet of a residential district or use.

(3)

Closing time for dance floors or other accessory uses to a night club shall coincide with the closing time for the night club.

(m)

Pet boarding and day care facilities, excluding any outdoor exercise/play areas, are allowed in certain commercial zone districts provided that:

(1)

All activities shall be conducted entirely within enclosed buildings.

(2)

Buildings shall be constructed in a manner that limits exterior noise from activities inside the building to a maximum of forty-five (45) dBA measured at the exterior building wall. A statement from a registered architect to this effect is required at the time of construction plan submittal.

(3)

Buildings shall be set back a minimum of one hundred (100) feet from any residential district.

(4)

Solid animal waste must be bagged separately from other refuse.

(n)

Pet boarding and day care facilities, including any outdoor exercise/play areas, are allowed in certain commercial zone districts provided that:

(1)

Direct access shall not be provided from animal housing units to the outside of the building.

(2)

Buildings shall be constructed in a manner that limits exterior noise from activities inside the building to a maximum of forty-five (45) dBA measured at the exterior building wall. A statement from a registered architect to this effect is required at the time of construction plan submittal.

(3)

Outdoor walks and exercise must take place within specified play/exercise areas.

(4)

Animals must be supervised by a facility employee at all times when in an outdoor play/exercise area.

(5)

Animals shall not be allowed outside between the hours of 7:00 p.m. and 7:00 a.m.

(6)

Buildings shall be set back a minimum of one hundred (100) feet from any residential district.

(7)

Outdoor play/exercise areas shall be set back a minimum of two hundred fifty (250) feet from any residential district.

(8)

A solid block wall with a minimum height of eight (8) feet shall enclose the perimeter of any outdoor play/exercise area.

(9)

Animal waste shall be removed from outdoor play/exercise areas every five (5) hours during time periods when these areas are in use.

(10)

Solid animal waste must be bagged separately from other refuse.

(o)

Public utility buildings, structures, uses, facilities and equipment are allowed in certain commercial zone districts provided that:

(1)

Sites shall be screened from off-site view by a minimum six-foot tall masonry wall. Screen wall may be required to be eight-foot tall as determined by staff. All screen walls shall comply with wall standards set forth in the design manuals.

(p)

Retail/wholesale sales of lumber, landscaping and building materials, excluding outdoor storage, are allowed in certain commercial zone districts provided that:

(1)

All pick-up areas, loading and unloading areas, and truck wells shall be screened from off-site view by a minimum six-foot masonry wall. All screen walls shall comply with the wall standards set forth in the design manuals.

(q)

Social/private club is allowed in certain commercial zone districts provided that:

(1)

Any restaurant or bar operated in connection with a social/private club shall be an integral part of a principal building, shall have no public entrance except from within the building and shall make no exterior display or advertising of any commercial activity, however incidental.

(r)

Thrift stores are allowed in certain commercial zone districts provided that:

(1)

Outdoor donation bins shall be prohibited.

(2)

Signage shall be required on-site clearly stating that after-hours drop-off is prohibited.

(3)

Loading and unloading areas shall not face or be visible from public streets or primary drive aisles.

(4)

Garage bay doors shall be closed except during drop-off or pick-up of items.

(5)

All activities, including collection, storage, sorting, and processing, shall occur within a fully enclosed building.

(6)

Collection areas inside the store shall be secured from public access during non-business hours.

(7)

Large or bulk items not capable of being discarded in a garbage enclosure shall be stored inside the building until the arrival of a removal service.

(s)

Tire sales, repair and mounting facilities are allowed in certain commercial zone districts provided that:

(1)

Where the site or use abuts or adjoins any residentially zoned property or use, there shall be a solid screen wall at least six (6) feet in height constructed according to the City of Avondale Design Manuals, with a minimum twenty-foot landscaping buffer inside the wall adjacent to the residentially zoned property or use.

(2)

Buildings shall be sited to ensure that garage bay doors do not face public streets or are immediately adjacent to residentially zoned property or uses.

(t)

Veterinary hospital, offices and clinics, excluding animal boarding are allowed in certain commercial zone districts provided that:

(1)

Clinic activities shall be restricted to the medical care and treatment of small animals during regular office hours. The confinement of such animals on the premises shall be limited to essential and occasional overnight care and shall be entirely within enclosed structures. The boarding and breeding of animals shall be prohibited.

(2)

Clinics shall be constructed to be completely contained as to prevent emission of any noise or odor.

(3)

Outdoor runs or exercise pens shall be prohibited unless approval from the zoning administrator or designee is obtained prior to site plan submittal. Additionally, no outdoor runs, pens or enclosures shall be located closer than one hundred (100) feet to any street, residential district or existing restaurant or hotel.

(u)

Wine bars are allowed in certain commercial zone districts provided that:

(1)

The exterior building wall of a wine bar shall not be located within one thousand three hundred twenty (1,320) feet of the exterior property lines of a public or private school or church, unless the wine bar is located in a designated entertainment district according to Ariz. Rev. Stat. § 4-207, as amended.

(2)

Exits and entrances to a wine bar shall not be located within three hundred (300) feet of a residential district or use.

(3)

Closing time for dance floors or other accessory uses to a wine bar shall coincide with the closing time for the wine bar.

The following land uses are listed in the land use matrix as being allowed with a conditional use permit. All uses being granted a conditional use permit shall comply with the conditions listed below for the individual uses, if applicable. Based on review of the conditional use permit application, the city council may add additional conditions of approval deemed necessary to protect the health, safety, and public welfare.

(a)

Gas stations with or without convenience stores may be permitted as conditional uses in certain commercial districts, provided that:

(1)

Facilities for tire changing and repair, polishing, lubing, washing and minor repair and servicing of motor vehicles shall be entirely within an enclosed building. Body repair, engine rebuilding, bumping, painting, vehicle or trailer rental and general sales of auto parts shall be expressly prohibited.

(2)

Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in turf or landscaping.

(3)

The site has minimum frontage of one hundred fifty (150) feet on one (1) arterial street.

(4)

The design of all buildings shall meet City of Avondale Design Manuals and be compatible with the existing and anticipated surrounding development. In addition, the roofline and the architecture of the canopies shall be stylistically consistent with the other buildings on the site and shall not exceed one hundred fifty (150) lineal feet on any side.

(5)

All canopies, accessory equipment and fuel pump mechanisms shall meet the principal building setback requirements of the applicable zone.

(6)

Service and car wash bays shall not face residential properties or public streets unless entirely screened in a method acceptable to the zoning administrator or designee.

(b)

Night clubs may be permitted as a conditional use in certain commercial districts, provided that:

(1)

The exterior building wall of a night club that sells beer or intoxicating liquor on the premises for consumption on the premises shall not be located within one thousand three hundred twenty (1,320) feet of the exterior property lines of a public or private school, or church, unless the night club is located in a designated entertainment district according to Ariz. Rev. Stat. § 4-207, as amended.

(c)

Reception centers may be permitted as conditional uses in certain commercial districts provided that:

(1)

Any restaurant or bar operated in connection with a reception center shall be an integral part of a principal building, shall have no public entrance except from within the building and shall make no exterior display or advertising of any commercial activity, however incidental.

(d)

Mini-storage warehouses may be permitted as a conditional use in certain commercial districts provided that:

(1)

Doors of the storage areas shall not front or face onto any public street or residential use.

(2)

Only indoor storage shall be permitted and there shall be no sale or rental of goods, materials or other tangible or intangible property from the facility or any part thereof and there shall be no activities conducted on the premises whether related to the stored items or otherwise. The sale of insurance by the operator on goods stored therein or the sale therein or the sale by the operator of items used in connection with the storage of goods at the site shall not be prohibited.

(3)

No hazardous or flammable materials, as defined in the Avondale Building Code, shall be stored in such facility.

(4)

Any structure may be exempt from side and rear yard setbacks, provided, that in all cases where the conditional use abuts any residential district on its side or rear lot lines, there shall be a side yard of not less than twenty-five (25) feet and a rear yard of not less than twenty-five (25) feet.

(5)

A wall with a minimum height of six (6) feet and a landscaping area a minimum of twenty (20) feet wide, all as approved by the zoning administrator, shall be constructed on the side and/or rear property lines.

(e)

Non-chartered financial services, pawnshops, liquor stores, cigar bars/tobacco lounges/smoke shops and plasma centers may be permitted as a conditional use in certain commercial districts provided that:

(1)

The minimum separation between any of the above-listed uses shall be one thousand three hundred twenty (1,320) feet, measured in a straight line from the nearest property line of each property.

(2)

The above-listed uses shall not be located within one thousand three hundred twenty (1,320) feet of a sexually oriented business as defined by article 10, bar, night club, or wine bar.

(3)

The minimum separation required for the above uses shall apply regardless of whether the other use is located within the incorporated area of the City of Avondale or another jurisdiction.

The following development standards shall apply to all commercial developments zoned R-O, C-O, C-1, C-2, or C-3, except if otherwise noted above.

(a)

All activities, except as otherwise permitted herein, shall be conducted entirely within enclosed buildings.

(b)

Outdoor storage of goods and materials shall be prohibited.

(c)

Warehousing or indoor storage of goods or material beyond that normally incidental to permitted uses shall be prohibited.

(d)

All new buildings and uses of land or substantial additions to or remodeling of existing buildings/uses shall be subject to site plan review in accordance with section 28-7.

(e)

The following table outlines the minimum development standards within each district. Yard, height, and area requirements in excess of these minimum standards may be required in accordance with the design standards outlined in the zoning ordinance, conditions required of conditional use permits or uses permitted with conditions, and/or the design manuals.

* Not applicable to manufactured home parks.

(a)

Purpose. The purpose of the Old Town Avondale Business District (OTAB) is to further the revitalization of the city's original town site and its immediate vicinity by encouraging pedestrian-oriented development and by emphasizing a unique mix of uses intended to make Old Town a destination, with street level activity that takes one back to an earlier place in Avondale's history.

The district shall enhance and maintain the character of retail and residential living by encouraging an active pedestrian environment while also promoting vitality throughout the district. To accomplish the task of making OTAB pedestrian friendly, the district requires new structures to be designed at a human scale to preserve the residential and historical character of the neighborhood. Development occurring in the district shall be designed to reduce conflicts between pedestrians and vehicular traffic and to promote primary areas of concentrated indoor retail and service business uses, but not regional shopping centers.

The Old Town Avondale Business District is intended to:

(1)

Promote a healthy community by encouraging development and redevelopment of pedestrian-focused commercial businesses, such as those which encourage patrons to shop and dine for several hours without having to use their vehicles between stops.

(2)

Reduce the dominance of the automobile by encouraging the use of shared parking areas, such as on-street parking, public surface lots, and public parking structures.

(3)

Create a destination for unique retail, restaurant, entertainment and service uses that increase revenues and strengthen the city's tax base, drawing consumers both locally and regionally.

(4)

Respect the local and cultural significance of the city's original town site without hindering creativity in design.

(5)

Support limited commercial uses in residential structures located within the neighborhoods that are located in close proximity to Western Avenue.

(6)

Provide an environment where commerce can flourish in a traditional main street type of setting, with the knowledge that ample opportunity for suburban style development is available throughout the remainder of the city.

(7)

Create old-fashioned neighborhoods where a variety of housing types coexist alongside compatible commercial businesses.

(b)

Applicability. The location and boundaries of the OTAB District are established as shown on the map entitled "Zoning Atlas, City of Avondale, Arizona," as amended, a copy of which is on file with the department.

(c)

Subdistricts. The OTAB District is comprised of the following subdistricts:

(1)

Heritage District. Any property located within OTAB with direct frontage on Western Avenue, Central Avenue or Dysart Road shall be subject to the requirements, restrictions and standards that are listed in this subsection 28-5(c)(1). This subdistrict promotes pedestrian-oriented development that is designed to attract customers from a regional trade area as well as from the immediate area. Commercial uses are required on the ground floor in order to produce the critical mass of businesses necessary to make the area flourish; residential uses are encouraged on upper floors to create a presence in the area during off-peak business hours. Development shall take the form of a traditional main street, where businesses extend to the pedestrian sidewalk and parking is provided on the street, within public lots/structures, or behind the buildings.

(2)

Neighborhood District. Any property located within OTAB with direct frontage on a local street shall be subject to the requirements, restrictions and standards that are listed in this subsection 28-57(c)(2) for the Neighborhood District. This subdistrict is designed to provide a transition between the OTAB Heritage District and the residential districts located on the periphery of the OTAB Neighborhood District. Residential uses remain the primary land use; however, non-residential uses such as boutiques, cafes, professional offices and bed and breakfast inns are permitted. These commercial businesses may be located in either retrofitted residences or new buildings. Development standards have been designed to be respectful of the residential character of the district. Unlike the Heritage District, which requires buildings be placed at the edge of the sidewalk, landscaped areas are required in the fronts of businesses in this Subdistrict in order to give entryways a sense of importance and to distinguish businesses from residential uses.

(d)

OTAB land use matrix. The following land use matrix shows the uses that are:

• (P) Permitted outright

• (C) Permitted with a conditional use permit

• (PC) Permitted with conditions

• (A) Permitted as an accessory use

• (-) Prohibited

(e)

OTAB uses permitted with conditions. The following land uses are listed in the OTAB land use matrix as Permitted with Conditions. These uses are permitted by right only if the conditions listed below for the individual uses are met. Based on site plan and/or tenant improvement plan review, additional conditions of approval deemed necessary to protect the health, safety, and public welfare may be added.

(1)

(a) Antique and collectible shops, (b) art, craft, and photography studios, (c) art galleries, (d) barber shops, (e) beauty salons, (f) clothing alteration, dressmaking, or tailor shops, (g) coffee shops, (h) consignment shops, (i) grocery store, (j) juice bars, (k) massage and day spas, (l) medical, dental, or health offices, (m) nail salons, (n) professional offices and (o) shoe repair shops are allowed in the Neighborhood Subdistrict provided that:

(A)

The business shall not be open to customers between the hours of 10:00 p.m. and 6:00 a.m.

(B)

The floor area devoted to the business shall not exceed three thousand (3,000) square feet.

(C)

A maximum of two (2) on-site parking spaces may be provided on a paved driveway. Any additional required parking must be accommodated by delineated on-street spaces, public surface parking lots or public parking structures, all of which must be located within two hundred fifty (250) feet of the property on which the business is to be located.

(D)

The business shall not receive more than three (3) commercial deliveries in a twenty-four-hour period.

(E)

Outdoor storage or display shall be prohibited.

(2)

Bakeries are allowed in the Neighborhood Subdistrict provided that:

(A)

The business shall comply with the conditions listed in subsection 28-57(e)(1), above.

(B)

The business shall not make more than one (1) delivery of baked goods for off-site sale in a twenty-four-hour period.

(3)

Bed and breakfast inns are allowed in the Neighborhood Subdistrict provided that:

(A)

The bed and breakfast inn shall be owner-occupied. The guess rooms shall be part of the primary residence.

(B)

The bed and breakfast inn shall not have more than three (3) commercial deliveries or outside service in a twenty-four-hour period.

(C)

Meals shall only be served to overnight guests and residents.

(D)

The bed and breakfast inn shall not be used for the hosting of receptions, private parties or similar events.

(E)

A fire escape plan shall be developed and graphically displayed in each guest room. Such plan shall be filed with and approved by the City of Avondale Fire Department.

(4)

Florists are allowed in the Neighborhood Subdistrict provided that:

(A)

The business shall comply with the conditions listed in subsection 28-57(e)(1), above.

(B)

Commercial vehicles, as defined in article 1, shall not be used to make floral deliveries to off-site locations.

(5)

Outdoor dining is allowed as an accessory to a restaurant in the Neighborhood Subdistrict provided that:

(A)

The outdoor dining area shall only be allowed if located on the same property as a restaurant operating in compliance with the restaurant requirements set forth in subsections 28-57(e)(10) and (11) below.

(B)

The outdoor dining area shall not exceed one thousand (1,000) square feet.

(C)

Music, live or recorded, may not be played in the outdoor dining area.

(6)

Outdoor sales and display are allowed as an accessory use to an approved retail use in the Heritage Subdistrict provided that:

(A)

Outdoor sales and displays shall feature products sold and displayed in the primary business conducted in the adjacent permanent building.

(B)

Outdoor sales and displays shall be clearly subordinate to the indoor sales occurring in the adjacent permanent building.

(C)

Displays shall not impede pedestrian access ways, handicapped access ways, fire lanes, parking spaces, driveways, entryways, street intersections or landscape areas, and shall not interfere with traffic visibility.

(D)

Displays shall only occur during the hours the business in the permanent building is operating. Items must be returned indoors prior to the closing of business in the permanent building.

(7)

Public parking facilities, including parking structures and surface lots are allowed in the Heritage and Neighborhood Subdistricts provided that:

(A)

Parking structures may be above ground, provided the structure is architecturally concealed and has the appearance of being enclosed.

i.

Open metal railings or panels which do not adequately screen the vehicle from view are prohibited.

ii.

When located within the Heritage Subdistrict, parking structures shall be designed to have side street accessibility where possible.

iii.

The architecture of the parking structure shall share architectural themes of adjacent and nearby buildings.

(B)

Parking structures shall adhere to the height limitations of the subdistrict in which they are located.

(C)

Where feasible, parking structures shall feature commercial space on the perimeter of the ground floor. In instances where commercial space cannot be provided, ground level landscaping shall be required on the perimeter of the structure for aesthetic enhancement.

(8)

Public uses, including utility buildings, structures, uses, facilities and equipment, are allowed in the Heritage and Neighborhood Subdistricts provided that sites shall be screened from off-site view by a minimum six-foot tall masonry wall; taller screen walls may be required depending on the dimensions of the facility being screened. Wall design shall comply with the requirements of article 12 of this zoning ordinance, landscaping, walls, and fences.

(9)

Residential living quarters occupied by the owner or employee of a permitted business on the property are allowed in the Neighborhood subdistrict provided that:

(A)

The interior of the building shall be designed such that customers do not have access to the residential living quarters.

(B)

The living quarters shall not be rented, leased or sold separately from the principal residence or otherwise used for compensation.

(C)

A separate address, water meter, or utility meter shall not be provided for the living quarters.

(D)

The living quarters must be physically attached to the business and cannot be located within a separate structure.

(10)

Restaurants without a drive-through lane are allowed in the Heritage and Neighborhood Subdistrict provided that:

(A)

Restaurants within the Neighborhood Subdistrict shall comply with the conditions listed in subsection 28-57(e)(1), above.

(B)

Restaurants shall schedule regularly occurring trash pickups and provide individual dumpsters to ensure that objectionable odors are minimized.

(11)

Sidewalk cafés are allowed in the Heritage Subdistrict provided that:

(A)

Sidewalk cafés shall be located directly adjacent to and abutting an indoor restaurant and cannot extend beyond the frontage of the operating indoor restaurant.

(B)

A sidewalk café shall be allowed only where the sidewalk or porch is wide enough to adequately accommodate both pedestrian traffic in the area and the operation of the proposed café. For Americans With Disabilities Act (ADA) compliance, there shall be a minimum of five (5) feet clear distance free of all obstructions in order to allow adequate pedestrian movement.

(C)

All outdoor dining furniture, including tables, chairs, umbrellas and planters, shall be moveable. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds. All furniture used in the operation of the café, including any barriers required as a condition of a liquor license must be removed from the sidewalk and stored indoors whenever the restaurant is closed.

(D)

If determined necessary, by the city engineer or authorized designee, for public safety, in conjunction with a license issued pursuant to subsection 28-57(e)(11)(I) below, a moveable decorative barrier separating café seating from pedestrian traffic shall be provided. The designs must reflect the architecture of the restaurant building façade. The barrier must be removed from the sidewalk and stored indoors whenever the restaurant is closed.

(E)

A sidewalk café shall only serve food and beverages prepared or stocked for sale at the adjoining indoor restaurant, provided that an extension of premises for the service of alcoholic beverages for on-site consumption has been authorized by the City of Avondale and the State of Arizona.

(F)

Hours of operation for a sidewalk café shall be the same as those of the adjoining indoor restaurant, or less, but in no event shall the sidewalk café be open when the main restaurant is not.

(G)

The city shall have the right to prohibit the operation of the sidewalk café at any time because of anticipated or actual problems or conflicts in the use of the public sidewalk. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk or emergencies occurring in the area. To the extent possible, the business will be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the city.

(H)

The sidewalk café shall not require the provision of additional parking.

(I)

A sidewalk café shall require a license, or other authorization as determined acceptable by the zoning administrator, prior to utilizing any portion of the public right-of-way. Plans detailing the specific location and dimensions of the sidewalk café, as well as the specifications of the proposed site furniture and barrier, shall be approved by the Department prior to approval of the sidewalk café.

(12)

Single-family attached dwellings are allowed in the Neighborhood Subdistrict, provided that new single-family attached dwellings and additions to existing single-family attached dwellings shall comply with the development standards, accessory use standards, and design standards (including landscaping and signage requirements) of the R-2 (Multi-Family Residential) Zoning District.

(13)

Single-family detached dwellings are allowed in the Neighborhood Subdistrict, provided that new dwellings and additions to existing dwellings shall comply with the development standards, accessory use standards, and design standards (including landscaping and signage requirements) of the R1-6 (Urban Residential) Zoning District.

(14)

Multi-family dwellings are allowed in the Neighborhood Subdistrict. For all development standards, accessory use standards and design standards (including landscaping and signage requirements) multi-family dwellings shall comply with the requirements of either the R-3 or R-4 (Multi-Family Residential) Zoning District, whichever is determined to be more appropriate by the zoning administrator.

(f)

OTAB conditional use standards. The following land uses are listed in the OTAB land use matrix as being allowed with a conditional use permit. All uses being granted a Conditional Use Permit shall meet the city's required findings for a conditional use permit. Additionally, the individual uses listed below shall comply with the conditions set forth below. Based on review of the conditional use permit application, the city council may add additional conditions of approval deemed necessary to protect the health, safety and public welfare.

(1)

Funeral homes are allowed in the Heritage Subdistrict provided that:

(A)

A plan illustrating the route that funeral processions will use exiting Old Town shall be provided by the business and approved by the city council as part of the conditional use permit process prior to issuance of a business license.

(B)

Delivery of funeral accessories to the site shall be scheduled at non-peak viewing and service times to reduce vehicular and pedestrian conflicts.

(C)

The disposal of blood extracted during embalming shall comply with the city's wastewater pre-treatment ordinance.

(2)

Liquor stores may be permitted as a conditional use in the Heritage Subdistrict provided that:

(A)

The minimum separation between any liquor store and the nearest body piercing studio, tattoo parlor, non-chartered financial service provider, pawn shop, plasma center, sexually oriented business or another liquor store shall be one thousand three hundred twenty (1,320) feet, measured in a straight line from the nearest property line of each property.

(B)

The minimum separation required shall apply regardless of whether the other use is located within the incorporated area of the City of Avondale or within another jurisdiction.

(3)

Music studios may be permitted as a conditional use in the Neighborhood Subdistrict provided that:

(A)

The floor area devoted to the business shall not exceed three thousand (3,000) square feet.

(B)

Sound attenuation measures shall be taken to ensure the business has no measurable impact on adjacent residential uses.

(g)

OTAB District property development standards.

(1)

The following table outlines the minimum development standards required in the OTAB District. Setbacks in excess of those listed on this table may be required in accordance with the conditions required of conditional use permits or uses permitted with conditions.

(2)

Additional requirements.

(A)

Within the Heritage Subdistrict, where a side property line abuts a residentially zoned property, no setback shall be required for the ground floor portion of the structure or first fifteen (15) feet of structure height, whichever is less. Portions of the structure above the ground floor or fifteen (15) feet in height shall be set back a minimum of ten (10) feet from the side property line.

(B)

Within the Heritage Subdistrict, where a rear property line abuts a residentially zoned property, a minimum rear yard setback of twenty (20) feet shall be maintained.

(h)

OTAB performance standards.

(1)

Any exterior modification of a building, structure or site within the OTAB District shall be subject to the standards within this subsection 28-57(h).

(A)

New and remodeled buildings shall be compatible with the Old Town character and architecture.

(B)

Design shall preserve the integrity of each individual structure and the character of its streetscape.

(C)

Important character-defining features and details of existing buildings shall be preserved when exterior alterations are proposed.

(D)

All new buildings shall be designed to be compatible with the human scale and shall also preserve the residential and historic character of the surrounding neighborhood.

(E)

For elevations fronting onto Western Avenue, Dysart Road or Central Avenue, storefront windows shall be utilized to allow views into and out of ground level spaces. Clear or lightly tinted glass shall be used in windows, doors and display windows.

(F)

Façade surfaces adjacent to major streets (Western Avenue, Dysart Road and Central Avenue) shall be no more than twenty-four (24) feet in length without an opening.

(G)

Any building over fifty (50) feet wide shall be designed to appear as a series of buildings no wider than fifty (50) feet each.

(H)

All retail entrances adjacent to major streets (Western Avenue, Dysart Road and Central Avenue) shall be sheltered by use of a porch, canopy or awning.

(I)

All customer entries shall be open to either the public right-of-way or an open air breezeway leading to the public right-of-way.

(2)

All activities shall be conducted entirely within enclosed buildings, except where outdoor uses are explicitly listed in the OTAB land use matrix as permitted, permitted with conditions or permitted as an accessory use, except that outdoor furniture (e.g. benches, chairs, tables) may be provided on any private property for use by pedestrians if the furniture is designed for exterior use and any portion of the furniture is not located within the public-right-of-way. Customer service shall not be provided outside unless as part of an authorized sidewalk café or outdoor dining use.

(3)

Outdoor storage and/or display of goods and materials shall be prohibited except where specifically authorized in this section.

(4)

Service entrances and service yards shall be located in the rear and/or side yard of the business use or accessed from an alley. Service yards shall be screened from any adjoining residential zone or use by the installation and maintenance of a solid wall or solid (opaque) fence having a height of not less than six (6) feet.

(5)

Trash enclosures shall be located within screened enclosures that are designed to correspond to the particular architectural style of the corresponding property. These enclosures should not be visible from Western Avenue, Central Avenue or Dysart Road.

(6)

Signage within OTAB shall be provided in accordance with article 9 of the zoning ordinance.

(7)

Except where specified otherwise within this section, parking shall be provided in accordance with article 8 of the zoning ordinance. Joint-use parking shall be permitted in accordance with the procedures outlined in that section.

(8)

Landscaping and walls shall be required in accordance with the provisions of article 12 of the zoning ordinance, landscaping, walls, and fences regulations, except as follows:

(A)

Development in the OTAB District shall be exempt from the provisions of subsection 28-294(c)(1)(D), landscape design standards, required landscape areas, general. No minimum percentage of site landscaping shall be required.

(B)

The provisions of subsection 28-294(c)(3), landscape design standards, landscape setback, shall apply to development in the OTAB District, except that the minimum dimension of landscape setbacks shall be determined by the development standard table, above.

(C)

The provisions of subsection 28-294(c)(5), landscape design standards, land use buffers, shall not apply to development in the OTAB District.

(Ord. No. 2055-0823, § 13, 8-21-23)

(a)

Purpose. The Cashion Business Zoning District (CBD) is intended to encourage and facilitate the construction of new commercial enterprises and/or the expansion of existing businesses in the Cashion commercial corridor. This district promotes flexibility in development standards necessary due to the smaller sized parcels in the area and encourages variation in circulation patterns and land use. Relative to the city's standard commercial districts, the CBD includes development standards allowing for reduced setbacks, parking requirements and landscaping requirements.

(b)

Applicability. The Cashion Business District may be established on any property located between 107th Avenue and 113th Avenue that has direct frontage on Buckeye Road.

(c)

Permitted uses.

(1)

The uses permitted in the Cashion Business District shall be the same as those permitted in the C-2 (Community Commercial) Zoning District.

(2)

Any conditions listed in sections 28-54, uses permitted with conditions, and 28-55, conditional use development standards, of this zoning ordinance shall also apply unless specifically exempted in this section 28-58.

(d)

Property development and design standards.

(1)

The development standards of the Cashion Business District including, but not limited to, setbacks, landscaping and screening, are designed to provide flexibility for new and existing businesses. The following table outlines the minimum setback and buffering standards required for this district. Unless specifically modified in this subsection, all development standards in the CBD shall be in accordance with the C-2 District standards.

(2)

Setbacks in excess of those listed in the table in subsection 28-58(d)(1) above may be required in accordance with the conditions required of uses permitted with conditional use permits or uses permitted with conditions.

(3)

On-site parking shall be provided in accordance with article 8 of this zoning ordinance. Joint-use parking shall be permitted in accordance with the procedures outlined in article 8 of this zoning ordinance.

(4)

Landscaping and walls shall be required in accordance with the provisions of article 12, landscaping, walls, and fences regulations, of this zoning ordinance, except as follows:

(A)

Landscaped areas shall be provided on the site in an amount equal to or greater than ten (10) percent of the net site area. Development in the Cashion Business District shall be exempt from the provisions of subsection 28-294(c)(1)(D), landscape design standards, required landscape areas, general.

(B)

The provisions of subsection 28-294(c)(3), landscape design standards, landscape setback, shall apply to development in the Cashion Business District, except that the minimum dimension of landscape setbacks shall be determined by the development standard table, set forth in subsection 28-58(d)(1) above.

(C)

The provisions of 28-294(c)(5), landscape design standards, land use buffers, shall apply to development in the Cashion Business District, except that the minimum dimension of landscape buffers between a CBD property and a residential use shall be determined by the development standard table, set forth in subsection 28-58(d)(1) above. This landscape buffer shall also be required on any CBD property where an alley separates the property from a residential use.

(5)

Any conditions required of uses listed in sections 28-54, uses permitted with conditions, and 28-55, conditional use development standards),of this zoning ordinance shall apply, except as follows:

(A)

The provisions of subsection 28-54(c), uses permitted with conditions, automobile service and diagnostic facilities, of this zoning ordinance shall apply to the development of automobile service and diagnostic facilities, except that the landscape buffer shall be a minimum of ten (10) feet. Additionally, garage bay doors may face residentially zoned properties or uses if screened in a method acceptable to this zoning administrator or designee.

(B)

The provisions of subsection 28-54(r), uses permitted with conditions, tire sales, repair, and mounting facilities, of this zoning ordinance shall apply to the development of tire sales, repair, and mounting facilities, except that the landscape buffer shall be a minimum of ten (10) feet. Additionally, garage bay doors may face residentially zoned properties or uses if screened in a method acceptable to the zoning administrator or designee.

(C)

Screening of drive-through lanes shall only be required from public streets.