In adopting the Hapeville Arts District Overlay Zone (the "arts district overlay"), the city seeks to reinvent itself as a cultural destination, particularly its walkable downtown. The downtown has declined over the past 40 or more years. Likely the primary driver of that decline was expansion of Hartsfield Jackson Atlanta International Airport in the 1980's. This expansion removed half the city's land base and nearly half the population having devastating impacts on retail trade and service industries. Secondary factors were the building of the interstate system that served as a bypass for travelers. This effectively eliminated Hapeville as a recipient of a very significant consumer market generated by east coast travelers and local commuters. Hapeville has also suffered from the general lack of investment characterizing Atlanta's Southside, reinforced by a failure of Southside incomes and housing values to keep pace with Atlanta's north side. Finally, closure of the Hapeville Ford Plant removed a significant revenue base and spelled the need for a substantial retooling of the local economy.

As the regional and national economy rebounds, the city seeks to create an in-town, arts identity that will attract air travelers, local visitors and as importantly, bolster consumer offerings for Hapeville residents. The arts district overlay will become a significant element of an economic development strategy that will capitalize on Hapeville's airport location, sense of place, walkability and small town charm.

An important aspect of that development strategy is the assignment of property rights not available to owners outside the arts district overlay. This reflects an emphasis on compact development supported by such public investment as streetscapes, public parking, public art, wayfinding signs, kiosks, film festivals and community events. The flexibility of building and site design and planned public investment are intended to foster an arts district that will establish downtown Hapeville as a regional destination for the arts and for community celebrations, dining and shopping.

(Ord. No. 2015-13, § 1, 7-7-2015)

Arts. The interpretation of imagination and creativity in a physical form or performance.

Art gallery. An establishment that engages in the sale, loan or display of paintings, sculptures, photographs, video art or other works of art. "Art gallery" does not include a cultural facility such as a library, museum or non-commercial gallery that may also display works of art or an arts studio.

Art center. A facility whose mission is to promote the arts and make them available to the public. An arts center may hosts art exhibits and shows, provide studio space for the use of artists and engage in public education and exposure to the arts.

Art use. Creation or assembly of visual art, including two- and three-dimensional works of fine art or craft, or other fine art objects created or assembled for purposes of sale, display, commission, or trade by artists or artisans. Art use may also include classes held for art instruction.

Artist studio. An area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including but not limited to painting, drawing, graphic design, photography, video, film, sculpture and pottery: written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises.

Artist. A person who practices one of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers.

Consignment store. An enclosed retail establishment, whether operated by a for or not for profit organization or entity, engaged in selling used merchandise, such as clothing, furniture, jewelry, books, shoes, or household appliances, etc., on consignment. Consignment stores do not include those selling vehicles, auto parts, scrap, or waste.

Drive-through. Any facility that may be accessed directly by means of a motor vehicle for transacting business.

Entertainment, live. Any musical act, including karaoke; theatrical act, including a play, revue or stand-up comedy; dance; magic act; disc jockey or similar activity performed live by one or more persons, whether or not for compensation or an admission charge.

Food truck. A motorized vehicle or trailer drawn by a motorized vehicle used to prepare and sell food to the public directly from the vehicle or trailer. Food trucks are mobile food vendors and shall follow all requirements of section 11-11-3.

Food truck court. An area designated in a private parking lot for hosting food trucks, subject to the requirements of section 93-28-12 and the mobile food vendor requirements of section 11-11-3.

Food truck vendor. Any person or entity that prepares and sells food from a food truck in a designated food truck court or that otherwise operates a food truck in accordance with the requirements of section 11-11-3.

Juried commission. The commission that determines whether individual(s) are eligible to occupy live-work and artist housing unit(s) in the arts district overlay. The juried commission will consist of five members. Three of these members must be an artist, architect, landscape architect, arts educator, or gallery owner. Lay persons with sufficient knowledge, experience, and judgment who have an interest in public art shall make up the balance of the juried commission. The members of the juried commission shall each be appointed by the mayor and council of the city. Three of the initial five members shall be appointed for a term of two years. and two of the initial five members shall be appointed for a term of three years. Thereafter, each new member shall be appointed for a term of two years.

Live-work unit. A unit configured for both residential and non-residential use in which the primary activity is the non-residential use and the residential use is ancillary to the primary activity; which contains essential living facilities including a sleeping area, cooking facilities, and sanitary facilities; and in which the living and working areas have separate entrances and are shown as separate areas on the floor plan. The live-work unit shall be the primary dwelling of the occupant.

Makerspace. An indoor or outdoor facility or both intended to be used by artists as studio and retail space. Makerspaces often combine production, equipment, community, and education for the purposes of enabling participating individuals to design, prototype, and create works that said individuals would have difficulty producing if working alone due to a lack of resources, tools, artistic input, and/or space. Such space may be in a residential, commercial, mixed use or a live/work building and often provides tools for community use. Makerspaces are characterized by consistent design elements, such as high ceilings, large windows, durable surfaces and wide entrances. These spaces are designed to accommodate and foster a variety of creative activities. Makerspaces may also include common space such as galleries, meeting rooms and open space that encourages resident engagement and community involvement.

Microbrewery. Any establishment where malt beverages are produced or brewed (as further defined and regulated in chapter 5, alcoholic beverages. of this Code).

Outdoor arts market. A temporary event held on private or public property where artwork is offered for sale.

Small power tools. Hand equipment driven by other than human means. Examples include circular saws, power drills, portable mitre saws, routers, electric belt sanders and wood lathes. Not defined as small power tools are chain saws, mounted mitre saws, band saws. jackhammers and similar power tools.

Thrift store. An enclosed retail establishment, whether operated by a for or not for profit organization or entity, engaged in selling previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose merchandise is acquired principally by donation. Thrift stores do not include those selling vehicles, auto parts, scrap, or waste.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2020-10, § 1, 3-3-2020; Ord. No. 2020-14, §§ 1, 2, 7-21-2020)

The purpose of the arts district overlay is to facilitate creation of an arts destination, sustain established arts and cultural uses and promote new arts and cultural uses. The arts district overlay seeks integration of the arts into the fabric of the community and is conceived as the location of art galleries and art studios forming the core of an arts district. A complementary mix of shops, restaurants and entertainment venues will support these uses. These elements are expected to generate interest in downtown Hapeville and attract arts and cultural events.

The arts district overlay features an expanded range of permitted uses focused on the arts while retaining all property rights established by the underlying zoning. The arts district overlay encourages adaptive reuse of historic buildings and new construction technologies, affording owners expanded development options. These measures will enhance the market attractiveness of the arts district.

Arts venues, community festivals, expanded arts uses and pedestrian character are expected to promote an arts district. Planned investment in public art, lighting, sidewalks and off-street parking will leverage private investment and enhance public safety. This combination of public and private investment is expected to advance Hapeville's position in regional leadership in the arts and stimulate broad economic revitalization. Importantly, the arts district overlay features walkable distances from nearby neighborhoods to small-scale establishments and live entertainment venues accommodated by the arts district overlay and compatible with the neighborhood character.

(Ord. No. 2015-13, § 1, 7-7-2015)

Unless expressly modified by regulations in this article establishing the arts district overlay, the regulations governing the use of land and structures shall be as set forth in the underlying zoning districts and as regulated by other provisions of this Code. The architectural design standards shall control development in the arts district overlay unless an alternate provision is adopted in the arts district overlay. Where a conflict with other City Code and ordinance provisions exists, the more permissive standard shall apply.

(Ord. No. 2015-13, § 1, 7-7-2015)

Generally, the arts district overlay radiates from downtown Hapeville running along North Central and South Central Avenues, Dogwood Drive, the two-lane segment of Virginia Avenue (i.e. from South Central Avenue to Doug Davis Drive) and North and South Fulton Avenues. The District is more specifically identified in Exhibit A entitled "Hapeville Arts District Overlay Zone."

(Ord. No. 2015-13, § 1, 7-7-2015)

Editor's note— Exhibit A as referenced in this section is not set out at length in this Code, but may be found in the offices of the city.

Downtown Hapeville is the focus of the arts district overlay. Hapeville was established at a time when walking was the primary means of travel, and the downtown is characterized by a pedestrian scale. This scale is preserved by height limits inherent in the development intensity assigned to the downtown on Hapeville's future development map and development standards of the arts district overlay. A sense of place will be maintained by adherence to these height limits. Preservation of pedestrian scale is important as arts districts are typically designed to encourage walking to a variety of venues.

(Ord. No. 2015-13, § 1, 7-7-2015)

Uses permitted by the underlying zoning are unaffected by adoption of the arts district overlay; the following uses shall be specifically permitted in the arts district overlay.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

Art gallery.

(b)

Artist studio.

(c)

Artist studio workspace.

(d)

Artist co-op to allow multiple artist spaces that are not bazaars, junk stores, specialty shops and flea markets, etc.

(e)

Arts and crafts retail sales.

(f)

Arts center.

(g)

Arts related businesses and services such as craft shops, galleries and studios within which is conducted the preparation, display, or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass and similar arts, crafts merchandise, and activities such as set design and restoration of artwork.

(h)

Arts supply store.

(i)

Cabaret, concert hall or other performing arts space, dinner theater, legitimate theater or movie theater.

(j)

Craftsman or artisan shop.

(k)

Music store, musical instruments store.

(l)

Performing arts ticket office or booking agency.

(m)

Photographic studio.

(n)

Recording studios, provided appropriate soundproofing is installed.

(o)

Television and radio broadcast studio.

(p)

Video and movie production.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

Farmers market or green market.

(b)

Framing shop.

(c)

Pottery and ceramics shop.

(d)

Growler shop.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

Brew pubs, including outdoor seating.

(b)

Microbreweries, subject to the provisions of chapter 5, "Alcoholic beverages," of this Code, and the development standards set forth in section 93-28-12 of this Code.

(c)

City-sponsored and/or approved outdoor cultural events and performances that feature visual art, music, dance, theater, performance art, science, design or cultural heritage.

(d)

Live entertainment, provided that all establishments hosting live entertainment shall comply with any and all applicable noise regulations and ordinances of the city.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

Art school and other visual and performing arts instruction including school of dance, photography, filmmaking, music, writing, painting, sculpting and printmaking, but excluding adult entertainment and erotic dance.

(b)

Educational or instructional activities, including training, vocational or craft schools, the arts and personal development.

(c)

Libraries.

(d)

Museums.

(e)

Social and philanthropic institutions.

(f)

Training studios, including martial arts studios, gymnastics and yoga.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

Live-work units, subject to the following stipulations:

(1)

The residential portion of a live-work unit shall contain sleeping areas, cooking facilities, and complete sanitary facilities.

(2)

The residential occupancy of a live-work unit shall include, at a minimum, one person who possesses an occupational tax certificate for one of the following:

a.

Artist studios.

b.

Architecture studios.

c.

Fashion, graphic, interior and other design studios.

d.

Arts related businesses and services such as craft shops, galleries and studios within which is conducted the preparation, display, or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass and similar arts, crafts merchandise, and activities such as set design and restoration of artwork.

e.

Craftsman or artisan shops.

f.

Photographic studio.

g.

Video and audio recording studios, provided appropriate soundproofing is installed.

h.

One-on-one instruction, such as art lessons and training studios.

i.

Hair stylists, tailors, and other personal services.

(3)

In addition to the permitted uses above, the City Planner may authorize other uses using reasonable discretion, as long as such other uses are not otherwise precluded by law.

(4)

The non-residential portion of a live-work unit shall be limited to two employees per shift, including the person living in the unit that is associated with the business. The non-residential space must be occupied by the tenant of the residential space, and no portion of the live-work unit may be rented or sold separately.

(5)

The minimum floor area of a live-work unit shall be 500 square feet. A minimum of 50 percent of a unit must be for non-residential purposes. Each unit must contain a minimum residential floor area of 250 square feet. Sanitary facilities may be considered residential or non-residential.

(6)

One off-street parking space is required per live-work unit. Additional parking shall be provided as required by underlying zoning based on the use and square footage of the non-residential space.

(b)

The maximum number of dwelling units in a single building shall not be limited, provided that no development shall exceed 50 units. The parking requirement for such uses shall be one space for each dwelling unit. No minimum lot area shall apply in the arts district overlay provided all other development standards of this article are met.

(c)

Ground level uses fronting on a public street, sidewalk, or alley are encouraged as non-residential uses.

(d)

Single-family detached units, duplexes and triplexes are prohibited as incompatible with such higher density settings in recognition of the urban character of the arts district overlay and the need to preserve land for arts and entertainment uses.

(e)

Nothing contained in this section is intended to remove or restrict the potential of other residential uses for property within the arts district overlay that may be permitted or authorized pursuant to the city's zoning code.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2020-14, § 3, 7-21-2020)

The following uses shall be prohibited in the Arts District Overlay:

(1)

All drive-through facilities other than those permitted by special exception for accessory use by banks or credit unions.

(2)

Any outdoor storage of materials or any outdoor processing, fabricating or repair work with the exception of work performed with hand tools or small power tools.

(3)

Use of any structure primarily for storage (meaning no more than 25% of the total interior space of said structure may be used for storage of goods, materials, or equipment).

(4)

Car wash.

(5)

C-Store selling fuel.

(6)

Gas station.

(7)

Motor vehicle service or repair.

(8)

Tire stores.

(9)

Any use that involves the outdoor storage of materials or products. The production of offensive noise, vibration, smoke, dust or other particulate matter, heat, humidity, glare or other objectionable effect shall also be prohibited.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2019-31, § 1, 9-17-2019)

(a)

Kilns, subject to the development standards in section 93-28-12.

(b)

Outdoor display of artwork and merchandise during hours of operation of the primary business or activity on the property.

(c)

Power tools. The use of hand tools is encouraged; the use of small power tools is allowed. All tools shall be used in compliance with the noise regulations and ordinances of the city.

(d)

Street performers, subject to the development standards in section 93-28-12.

(e)

Food trucks, in designated food truck courts only, and subject to the development standards in section 93-28-12.

(f)

Consignment stores and thrift stores, subject to the development standards in section 93-28-12.

(g)

Makerspaces, subject to the development standards in section 93-28-12.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2015-19, § 2, 2-2-2016; Ord. No. 2016-03, § 1, 3-1-2016)

(Ord. No. 2015-13, § 1, 7-7-2015)

Non-traditional structures such as re-use of shipping containers, subject to approval by the design review committee, and other structures, subject to approval by the design review committee, shall be permitted.

Any structure constructed out of a shipping container must include:

(1)

Wiring and connection for permanent electrical utility service.

(2)

No less than one HVAC (heating, ventilation, and air conditioning) system.

(3)

Insulation in the form of closed cell spray foam insulation.

(4)

Exclusive of any end cargo doors, a door measuring at least 19.5 square feet and one or more windows measuring at least six square feet each.

No more than 25 percent of a shipping container or other such structure in the arts district overlay shall be used for the storage of any goods, materials, or equipment.

New construction materials such as polished metal, corrugated metal, metal roofing, glass and concrete facades shall be permitted.

All building elevations visible from a public right-of-way shall be treated with materials, finishes and architectural details appropriate to primary street-facing facades. All elevations shall be similar and compatible with the front elevation; concrete masonry units, whether parged or not, shall not be permitted.

(Ord. No. 2015-13, § 1, 7-7-2015)

(a)

No overhead service doors or bays shall face the primary street serving the property. Loading and service areas shall be internal to the development and accessed via service alleys and not pedestrian-oriented streets.

(b)

Entrances to the building, including entrances to shops and the main lobby, shall be separated by no more than 40 feet along the front of the building.

(c)

Pedestrian and main entrances shall be located on the primary street serving the property. Curb cuts should be located on a side street where possible.

(d)

Parking shall not be the dominant visual element of the site along the primary frontage. Parking shall be designed as smaller, multiple parking lots separated by landscape and buildings, or placed behind buildings.

(e)

The parking space standard in the arts district overlay shall be eight and one-half feet by 18 feet. No loading space requirement shall apply to the arts district overlay. In most instances, the short term loading needs of the business can be met in the vehicle parking area.

(Ord. No. 2015-13, § 1, 7-7-2015)

Placement or installation of outdoor sculpture and other art forms on private property intended to be viewed from a public right-of-way or other public property shall not be subject to setback standards of the applicable zoning district and shall not require a permit, provided that:

(1)

The art is not offered for sale;

(2)

The art does not constitute an advertisement; and

(3)

The placement does not impede the flow of pedestrian, bicycle or vehicle traffic or block motorist visibility at intersections, alleys or driveways.

(Ord. No. 2015-13, § 1, 7-7-2015)

The following standards shall control the development and manner of operation of the following uses within the arts district overlay:

(1)

Food truck courts.

a.

Food truck courts as a primary or accessory use may be established in free-standing commercial parking lots provided that the property owner has given permission for the property to be used as a food truck court, that the property is not zoned residential, that the lot is paved, and that there are no unoccupied buildings present on the parcel.

b.

Food truck courts may operate accessory to a primary use without a separate occupational tax permit. Accessory food truck courts may operate up to six hours per day, and up to three days per week. If the primary use shares a parking lot with other tenants or property owners, and the minimum parking requirements for all users are greater than the number of spaces provided in the lot, the hosting entity shall obtain written consent from each tenant or property owner prior to operating a food truck court. This consent will be made available to the city upon request. Lack of written consent will constitute of violation of this Code and the food trucks will be required to leave the premises immediately.

c.

Food truck courts operating as a primary use shall require a special use permit and shall be required to provide customer restrooms on-site.

d.

All food trucks shall have valid mobile food vendor permits from the city per the requirements of section 11-11-3. Operators of food truck courts shall retain a copy of each food truck's mobile food vendor permit, to be furnished upon request to the code enforcement officer.

e.

Operators of food truck courts shall enter into rental contracts with any food truck vendor, which shall include the specific space being leased. Copies of said contracts shall be furnished upon request to the code enforcement officer.

f.

Food trucks shall not sell or offer to sell any goods, foods, products, or services between the hours of 10:00 p.m. to 9:00 a.m.

g.

Where food trucks are an accessory to a primary use, a maximum of one food truck shall be permitted on a parcel per one-half acre of the parcel's area.

h.

Where food truck courts are a primary use, such courts must provide a minimum of two parking spaces for customer use per food truck in addition to any parking necessary for the use of the food trucks themselves. There shall be no maximum number of food trucks in a food truck court.

i.

No wastes of any kind shall be discharged from a food truck. Trash receptacles shall be provided by the host of the food truck vendor for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food and other such waste. Such receptacles shall be located no more than ten feet from the food truck. The host of the food truck vendor shall be responsible for removing all trash, litter and refuse from the site at the end of each business day.

j.

Food truck courts must adhere to all requirements of the sign ordinance. No LED strip lighting shall be used in conjunction with any food truck court.

k.

No loudspeakers shall be used for announcements or hawking of products in conjunction with any food truck court.

l.

The property owner and/or landlord may provide limited seating on the food truck court to customers of the food truck vendor(s). Canopies for the protection of customers from the elements may also be provided by the property owner and/or landlord or the food truck vendor(s). Such canopies shall be temporary, shall not exceed an area of 144 square feet, and shall be removed at the conclusion of business.

m.

A minimum distance of 100 feet shall be maintained between any food truck and the entrance to any restaurant.

n.

No food truck shall not be located within any required setback, any sight distance triangle or required buffer. Access aisles sufficient to provide emergency access to any food truck shall be provided.

o.

Sales of articles other than food & non-alcoholic beverages shall be prohibited.

(2)

Kilns.

a.

The total volume of kiln space shall not exceed 24 cubic feet and no individual kiln shall exceed eight cubic feet.

b.

Kilns may be located outside. Outside kilns shall be set back a minimum of 25 feet from any boundary common to property zoned residential or in residential use.

(3)

Street performers.

a.

Street performers shall obtain a permit from the city.

b.

Performers shall operate only in designated areas.

c.

No street performer shall impede movement along a public sidewalk; a minimum sidewalk width of five feet, independent of the performance area, shall be maintained throughout any performance.

(4)

Microbreweries.

a.

The production of beer shall not exceed 50,000 gallons per year (absent special approval of mayor and council), provided a restaurant or tasting room is open to the public on a regular basis.

b.

No trucks larger than a 24-foot box truck shall be used in delivery to or shipment from the microbrewery.

c.

Shipments or deliveries shall not occur between the hours of 10:00 p.m. and 7:00 a.m.

d.

All operations by the microbrewery shall be conducted within an enclosed building. Production space shall not exceed 15,000 square feet. If "free tastings" are to be provided by a microbrewery pursuant to article 6.4, "Microbreweries," of chapter 5, "Alcoholic beverages," of this Code, then said microbrewery must have a tasting room encompassing a minimum floor area of 1,500 square feet for conducting said "free tastings."

e.

No fumes, vapors, odor, smoke, dust or other particulate matter or offensive vibration, noise, heat, humidity, glare or other objectionable effect generated by the operation shall be perceptible at the property boundary of the microbrewery.

f.

A landscaped buffer having a minimum horizontal dimension of 40 feet shall be established along any property boundary common to a residential zoning district. Alternate compliance may be achieved with berming to a minimum height of three feet affording a reduction in buffer width to 30 feet. Landscaping shall achieve nearly opaque screening of the microbrewery operation from adjacent residential districts throughout the year.

g.

All microbreweries operating within the arts district overlay must comply with those regulations set forth in article 6.4, "Microbreweries," of chapter 5, "Alcoholic beverages," of this Code.

(5)

Makerspaces.

a.

Makerspaces may only open and/or operate on either of the following two streets in the city:

1.

Dogwood Drive, and

2.

That portion of Virginia Avenue from South Central Avenue to Doug Davis Drive.

(6)

Consignment stores and thrift stores.

a.

Consignment stores and thrift stores may only open and operate on the following two streets in the city:

1.

Dogwood Drive, and

2.

That portion of Virginia Avenue from South Central Avenue to Doug Davis Drive.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2020-10, § 2, 3-3-2020)

Signs with lights and movable elements that contribute to the unique character of the district shall be permitted. Such signs shall be limited to dimensional requirements outlined in section 93-3.3-21, sign standards by sign district, in article 3 and subject to approval by the design review committee.

(Ord. No. 2015-13, § 1, 7-7-2015; Ord. No. 2020-18, § 2, 8-4-2020)