Sec. 656.399.18. - Riverside/Avondale Zoning Overlay: zoning district regulations.

All applicable provisions of the Zoning Code, including the underlying zoning district standards that are not expressly modified and superseded by this Subpart O shall remain in full force and effect. In the event a court of competent jurisdiction determines that there is an irreconcilable conflict or inconsistency between the Zoning Code and this Subpart, the more restrictive condition or term most closely associated with the remedial purpose of this Subpart shall be construed to apply where lawfully possible. Within the Riverside/Avondale Zoning Overlay, in the areas designated as commercial, office and urban transition character areas, the predominant use shall continue to be as a mixed-use category primarily for commercial, office and multi-family residential uses. The application of this Zoning Overlay within the Historic Residential Character area shall recognize and respect the existing historic neighborhood wherein compatibility with the existing residential neighborhood shall be maintained over time. I. The following uses shall be permitted and permissible by exception throughout the Riverside/Avondale Zoning Overlay a. Permitted Uses. (1) Originally constructed for use or historic single family dwellings. (2) Originally constructed for use two-family dwellings. (3) Original use multi-family dwellings. (4) Originally constructed for non-residential use within a contributing structure. b. Permissible uses by exception (1) Historic two family dwellings. (2) Historic multifamily dwellings. (3) Live/work units II. Commercial, Residential, and Office (CRO) District within the Riverside/Avondale Zoning Overlay. (a) Permitted uses and structures are those permitted in Section 656.311 (III)(a) for the CRO District, subject to the limitations set forth in this Subpart. (b) Permitted accessory uses and structures. (1) See Section 656.403 . (2) Interior apartments in connection with single family, owner occupied properties, meeting the applicable Riverside/Avondale performance standards and development criteria. (3) One free-standing garage apartment in connection with single-family, owner-occupied properties, meeting the applicable Riverside/Avondale performance standards and development criteria. (c) Permissible uses by exception in all character areas. (1) Cemeteries and mausoleums but not funeral homes or mortuaries. (2) Essential services meeting the performance standards and development criteria set forth in Part 4. (3) Day care centers meeting the performance standards and development criteria set forth in Part 4. (4) Home occupations meeting the performance standards and development criteria set forth in Part 4. (d) Permissible uses by exception in the Office, Commercial, and Urban Transition Character Areas. (1) Rooming houses meeting the performance standards and development criteria for a bed and breakfast. (2) Private clubs. (3) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (4) Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4. (5) Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4. (6) Nursing homes. (7) Group care home meeting the performance standards and development criteria set forth in Part 4. (8) Retail outlets for the sale of food and drugs, leather goods and luggage, jewelry (including watch repair but not pawn shops), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, television and radio (including repair incidental to sales), florist or gift shops, delicatessens, bake shops (but not wholesale bakeries), drugs and similar products, and dry cleaning pickup station, all not to exceed 50 percent of the gross floor area of the building of which it is a part. (i) Sale, display, preparation and storage shall be conducted within a completely enclosed building. (ii) Products shall be sold only at retail. (9) Restaurants, including the facilities for the sale and service of alcoholic beverages for on-premises consumption only subject to the following condition: (i) Seating shall not exceed a capacity of 60; provided that seating may be unlimited where total floor area of the restaurant does not exceed ten percent of the gross floor area of the building of which it is a part. (ii) Food is ordered from a menu, prepared and served for pay for consumption on premises only. (Ord. 2008-192-E, § 3)