18.11 AC-3 Arts and Culture Diversity Overlay District

18.11.A Applicability   

The AC-3 Overlay District is intended as an overlay district for base commercial districts to create a commercial environment with additional permissions for live entertainment. An AC-3 Overlay District shall encompass an area zoned commercially with a minimum size of two (2) contiguous blocks. The AC-3 Overlay District applies to the following areas:

1.  All lots in non-residential districts with frontage on St. Claude Avenue between Press Street and Poland Avenue.

18.11.B Uses   

18.11.B.1 Permitted Uses   

In addition to all uses authorized in the base district, the following uses are allowed as permitted uses subject to the use standards of Article 20 and Paragraphs C below.

a.  Art Galleries and Arts Studios, without limitations as to size

b. Community Center

c.  Cultural Facility

d.  Public Market

e.  Indoor Amusement Facilities, limited to movie theaters, up to a maximum of five-thousand (5,000) square feet of gross floor area

f.  Live Entertainment – Secondary Use

g.  Live Performance Venue up to a maximum of five-thousand (5,000) square feet of gross floor area

h.  Standard Restaurant with a maximum of 5,000 square feet of gross floor area, which may sell alcoholic beverages for consumption on premises in conjunction with meals

i.   Artist studios   

18.11.B.2 Conditional Uses   

In addition to all uses authorized in the base district, the following uses are allowed as conditional uses subject to the use standards of Article 20 and Paragraphs C below.

a.  Bars.

b.  Indoor Amusement Facilities, limited to movie theaters, above five-thousand (5,000) square feet of gross floor area. However, indoor amusement facilities shall not exceed ten thousand (10,000) square feet of gross floor area.

c.  Live Performance Venues  above five-thousand (5,000) square feet of gross floor area. 

d. Micro-Breweries

e. Micro-Distilleries

f. Wine shops

g. Wineries

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

18.11.C Use Standards   

18.11.C.1 Live Performance Venue   

a.  A Live Performance Venue is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to, during and one (1) hour after performances.

b. The provisions of Section 10.2.B.9., restricting the number of live performance venues per blockface, shall not apply within the AC-3 Arts & Cultural Overlay District.

18.11.C.2 Live Entertainment – Secondary Use   

a.  All establishments providing live entertainment shall hold the appropriate Live Entertainment Permit.

b.  All establishments providing live entertainment are subject to a closed doors and windows policy during any performance.

c.  All establishments providing live entertainment are subject to the applicable noise, litter, and other laws of the City, including the Comprehensive Zoning Ordinance, Building Code, City Code, and Life Safety Code.

d.  A Bar may provide live entertainment, including a permanent area for dancing, but adult uses are prohibited. All bars providing live entertainment shall hold a Class A General ABO Permit and the appropriate Live Entertainment Permit.

e. The provisions of Section 10.2.B.7., restricting the number of live entertainment, secondary uses per blockface, shall not apply within the AC-3 Arts & Cultural Overlay District.

18.11.C.3 Restaurant   

a. Musical accompaniment for patrons at any restaurant (standard or specialty), shall be permitted in conformance with the following standards:

i. During the performance of any musical accompaniment, all doors and windows in the restaurant shall remain closed. Any amplification used in support of a musical accompaniment shall be directed toward the patrons of the restaurant, and not toward any door, window, or outdoor space.

ii. No  cover charge shall be charged for any performance of musical accompaniment.

iii. Full restaurant service shall continue during the performance of any musical accompaniment.

iv. No more than ten percent (10%) of a restaurant’s seating area may be dedicated to a staging area for any performance of musical accompaniment.

v. Aside from the portion of the restaurant seating area dedicated to staging of the musical accompaniment, no restaurant seating area may be removed or relocated during the performance in order to accommodate an audience and/or dance area.

vi. Performance of the musical accompaniment shall not be permitted beyond 10:00p.m. on Sundays through Wednesdays, or beyond midnight  on Thursdays through Saturdays.

vii. Musical accompaniment shall only be performed in the interior of the restaurant; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

Any musical accompaniment for patrons at a restaurant that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

b. A Special Event Permit may temporarily relieve a restaurant from standards of this section. Special Event Permits are limited to no more than ten (10) times a year for a total of thirty (30) days per year. Performances permitted by a Special Event Permit shall be a minimum of fourteen (14) days apart.

c. Restaurants are limited to a maximum of five-thousand (5,000) square feet of gross floor area.

d. Restaurants shall close by 11:00 p.m. on Sunday through Thursday, or by 1:00a.m. on Friday and Saturday. 

18.11.C.4 Bar   

a.  Bars shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area.

18.11.C.5 Indoor Amusement Facility   

a.  An Indoor Amusement Facility is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to and one (1) hour after movie showings or other events.

18.11.C.6 Community Center, Cultural Facility, Micro-Brewery, Micro-Distillery or Wine Shop   

a. Musical accompaniment for patrons at a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery shall be permitted in conformance with the following standards:

i. During the performance of any musical accompaniment, all doors and windows in the establishment shall remain closed. Any amplification used in support of a musical accompaniment shall be directed toward the patrons of the restaurant, and not toward any door, window, or outdoor space.

ii. No cover charge shall be charged for any performance of any musical accompaniment.

iii. No more than ten percent (10%) of seating area may be dedicated to a staging area for any performance of musical accompaniment.

iv. Aside from the portion of the seating area dedicated to staging of the musical accompaniment, no seating area may be removed or relocated during the performance in order to accommodate an audience and/or dance area.

v. Performance of the musical accompaniment shall not be permitted beyond 11:00p.m. on Sundays through Thursday, or beyond 1:00a.m. on Fridays and Saturdays. Other hours may be approved through the conditional-use process.

vi. Musical accompaniment shall only be performed in the interior of the establishment; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

Any musical accompaniment for patrons at a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

b. A Special Event Permit may temporarily relieve a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery from standards of this section. Special Events Permits are limited to no more than ten (10) time a year for a total of thirty (30) days per year. Performances permitted by a Special Event Permit shall be a minimum of fourteen (14) days apart.

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

18.11.C.7 Premises with Alcoholic Beverage Permits   

a. All establishments with alcoholic beverage permits must submit a litter abatement plan inclusive of the placement of an outdoor trash receptacle for the approval of the Department of Sanitation. The approved litter-abatement plan shall be submitted to the Department of Safety and Permits prior to the issuance of a Certificate of Use and Occupancy.

b. All non-glass drink containers used by establishments with alcoholic beverage permits must feature the establishment’s logo.