Section 666. East Buckeye Road Overlay (EBRO) District.
A. Purpose. The East Buckeye Road Overlay District promotes community identity and well managed growth of the corridor connecting Sky Harbor Center to the Downtown Area.
B. Applicability. The EBRO District applies to all land fronting on East Buckeye Road, between Central Avenue to the west and Sixteenth Street to the east, but not to exceed 250 feet from the centerline of Buckeye Road. All new land uses or new development established after the effective date of this ordinance [December 9, 2005] are subject to the standards and procedures established herein. The EBRO District does not apply to those properties that have received preliminary site plan approval or a building permit prior to the effective date of this ordinance [December 9, 2005]. Except as provided in Section 666.C, land in the EBRO District may be used for all uses permitted in the underlying district in accordance with the standards and procedures established herein. The more restrictive regulation shall apply where there is conflict between the provisions of this ordinance and the uses permitted in the base district.
C. Prohibited Uses. The following uses are not permitted within the EBRO District.
1. Commercial slaughtering of animals.
2. Commercial waste facilities used to collect, treat, store, process, transfer or dispose of solid waste. Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment dissolved materials in domestic sewage, or solid and dissolved materials in irrigation return flows, or discharges from point sources subject to permits issued pursuant to 33 USC Section 1342 or Arizona Revised Statutes Section 49-255.01, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, or facilities that treat, store or dispose of hazardous waste as defined in Section 648 of the Phoenix Zoning Ordinance. Facility includes all contiguous land, structures, other appurtenances and improvements on the land.
3. Junk yards, wrecking yards and salvage yards.
4. Open uses or open storage within 150 feet of the centerline of Buckeye Road (except vehicle sales and rental, and commercial parking lots).
D. Special Permit Uses. The following uses shall be subject to special permit approval in accordance with Section 504.1
2. Used car sales.
3. Commercial parking lots.
E. District Restrictions.
1. Properties with A-1 or A-2 Zoning shall provide streetscape landscaping along Buckeye Road as required in Section 624.E.4.e: Streetscape—Landscape Setback and Plant Type Sections.
2. Open storage or open uses shall not exceed a height of 12 feet.
3. Properties with C-3, A-1, and A-2 Zoning and with a lot depth of 150 feet or less from Buckeye Road, the building and landscape setback from Buckeye Road may be reduced to 12 feet subject to:
a. The 12-foot setback shall be measured from the future right-of-way line as designated by the street classification map. The reduced building setback shall not conflict with visibility requirements.
b. At least one identifiable, directly accessible, public entrance within 50 feet of the front property line shall be provided.
c. A minimum of 25% of the area of the front building facade shall be composed of windows, shadow boxes, artwork or comparable architectural feature. This computation will exclude entrances to parking and loading areas. The minimum required area shall begin no higher than 12 feet above finished floor. (Ord. No. G-4748, 2005)