Section 646. Capitol Mall Overlay District.
A. Purpose and Intent. The Capitol Mall is a unique area with a variety of uses including the State Capitol, governmental offices, industrial and commercial businesses, and historic residences. Many of the activities are in close proximity with others such that compatibility of their activities is critical to their proper and orderly function. The purpose of this district is to prevent a concentration of certain uses which can restrict businesses and residences from functioning normally and contributes to the deterioration of the business and living environment, the downgrading of property values, and the diminishment of health, safety and general welfare conditions in the area.
The specific intent of the district is to:
1. Protect existing residential and nonresidential uses from negative impacts caused by a concentration of specified uses; and
2. Prohibit the addition of certain uses and restrict the addition of certain other uses which have negative impacts on the area.
B. Applicability. The Capitol Mall Overlay District applies to all land within the area generally bounded by the centerlines of Third Avenue, Harrison Street, and I-17, and Fillmore Street between Third Avenue and Ninth Avenue, Polk Street between Ninth Avenue and 19th Avenue, and the C-3 zoning line north of Van Buren between 19th Avenue and I-17. Land within the district shall be governed by the regulations set forth herein on and after the effective date of the ordinance adopting this section.
C. Authorized uses. Except as provided in Section 646.D, land in the CMO district may be used for all uses permitted in the base district in accordance with the standards and procedures established in this ordinance and the limitations of Section 646.F or Section 646.G. In such an instance where there is a conflict between the uses permitted in the base district and the provisions of Section 646.F and G, the more restrictive regulations shall apply.
D. Prohibited Uses. Land in the CMO district shall not be used for the following uses, whether principal or accessory, unless such use was established in conformance with the City’s regulations in effect immediately prior to the effective date of this section, or was a legally nonconforming use under the regulations in effect immediately prior to the effective date of this section.
1. Package liquor retail sales.
2. Pawnshops.
3. Blood banks and blood plasma centers, unless contained within a hospital with no direct public access except from within the hospital.
4. Unscreened charitable outdoor food serving.
E. Nonconforming Uses. Uses listed in Section 646.D which were established in conformance with the regulations in effect immediately prior to the effective date of this section may expand on the lot or parcel on which the use is located on the effective date of this section subject to the development standards of the base district or, if the use was legally nonconforming under the regulations in effect immediately prior to the effective date of this section, subject to the provisions of chapter 9
F. Special Permit Uses.
1. Land in the CMO district may be used for the following purposes, subject to the procedures and standards of Section 504.1 regarding special permits:
a. Day labor hiring and transportation centers.
b. A group home, boarding house or rooming house shall be a minimum of 1,500 feet from another such home.
d. Charitable dining halls and food serving areas in an enclosed structure or screened outdoor area. Unscreened outdoor charitable food serving shall not be permitted.
e. Missions, shelters and dormitories intended to provide temporary shelter.
2. Land which has underlying nonresidential zoning may be used for parking structures as primary or accessory uses subject to:
a. Obtaining a special permit in accordance with the provisions of Section 504.1; and
b. Satisfying the design guidelines and standards for parking in Section 643.J.6, the Downtown Core District, with the following exceptions:
(1) A use permit may be obtained in accordance with the provisions of Section 307 to eliminate the requirement that no more than fifty percent of a block face shall be devoted to parking at the ground level. Approval of the use permit will consider the importance of the block for pedestrian activity.
(2) A use permit may be obtained in accordance with the provisions of Section 307 to allow use of the entire ground level of a parking structure for parking for two years in locations which are important for pedestrian activity provided that the parking is screened from view by permanent materials (not including plywood) which complement the design of the parking structure and are in accord with other applicable design guidelines, including the allowable percentage of blank walls, in compliance with a plan approved by the Zoning Administrator. One time extension of the use permit may be granted for no more than two years. Neither the Zoning Administrator nor the Board of Adjustment shall have jurisdiction to vary these provisions.
G. Use Permit Uses.
1. Land in the CMO district may be used for the following purpose, subject to the procedures and standards of Section 307 regarding use permits and the additional standards listed in Section 646.G.2.
a. Bars and cocktail lounges.
2. When considering an application for a use permit for the uses listed in Section 646.G.1, the decision-making body shall consider, in addition to the standards listed in Section 307 regarding use permits, the extent to which the applicant has demonstrated that the proposed use will not result in an undue concentration of uses in the area that will adversely affect the viability of adjacent residential or existing nonresidential properties. (Ord. No. G-3955, 1996; Ord. No. G-4110, 1998; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018)