[Ord. No. 6596, 5-28-2019; Ord. No. 6733, 1-11-2022; Ord. No. 6852, 9-12-2023]
The Entertainment Overlay District is intended to allow for
entertainment uses to establish a more vibrant and active downtown
area. The overlay district applies to select downtown Clayton blocks
generally located between the boundaries of Maryland Avenue, Carondelet
Avenue, Bemiston Avenue and North Brentwood Boulevard. The purpose
of these regulations is to expand entertainment opportunities in the
pedestrian-focused commercial and service node of downtown, allowing
for more destination venues. The Entertainment Overlay District modifies
the underlying zoning district regulations and any other overlay districts
only to the extent specifically set forth in this Article. If not
specifically modified in this Article, all the regulations in effect
in the underlying zoning districts and other overlay districts will
remain in full force and effect.
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
A.
The
Entertainment Overlay District consists of property within the following
boundaries:
1.
The northern boundary consists of those properties having frontage
on the south side of Maryland Avenue;
2.
The eastern boundary consists of those properties having frontage
on the west side of Hanely Road;
3.
The southern boundary consists of those properties having frontage
on the north side of Shaw Park Drive; and
4.
The western boundary consists of those properties having frontage
on the east side of North Brentwood Boulevard, north of Bonhomme Avenue;
 |
|
All as generally shown shaded on the diagram above; provided,
however, that for any venue/use to be used pursuant to this overlay
district it must have its primary entrance within the overlay boundaries
established by this Section and provided further that the primary
entrance to the venue/use may not be located along Maryland Avenue.
|
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
As used in this Article, the following terms shall have the
meanings indicated:
Any establishment (indoors or outdoors) where entertainment,
either passive or active, is provided for the pleasure of the patrons,
either independently or in conjunction with a non-entertainment-related
use such as a restaurant. Such entertainment, includes, but is not
limited to, vocal and instrumental music, dancing, karaoke, comedy,
acting, games, or other activities. This definition does not include
private clubs, health clubs, country clubs, golf courses, adult uses,
casinos, or performing arts studios where the primary purpose is teaching
or training students.
A specific entertainment use providing patrons with live
performance entertainment during which performers appear in person
and perform for or interact with the audience verbally or otherwise,
including, but not limited to, musical acts, plays, comedy, magic,
and dance. Live performance shall be the principal use of the venue
or business as indicated by the presence of all of the following elements:
Defined performance and audience spaces;
Mixing desk, sound amplification and distribution system, lighting
rig, and a backline;
Employment of at least two (2) of the following: a sound engineer,
booker, promoter, stage manager, and security personnel;
Marketing of specific acts through show listing in printed and/or
electronic publications; and
Programs for live performance on a minimum of fifty percent
(50%) of the days the venue is open and operating per month or a minimum
of six (6) days per month, whichever is greater.
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
The regulations of the overlay district shall supersede or supplement,
as applicable, the regulations of the base zoning district and any
other overlay district. Where conflict results between the regulations
of the overlay districts and the provisions of the base zoning district,
the provisions of this overlay district shall control.
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
A.
Outdoor entertainment, including recorded or live music or sound
that is electronically amplified, is permitted at any establishment
with an approved outdoor dining permit which allows for dedicated
outdoor seating areas for food and beverage service.
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
The boundaries of the Entertainment District shall not be removed
or otherwise relocated through the rezoning of any properties within
the overlay district to Planned Unit Development ("PUD") or Special
Development District ("SDD").
[Ord. No. 6596, 5-28-2019; Ord. No. 6852, 9-12-2023]
Off-street parking and loading shall be provided in accordance with Chapter 405 based on the requirements of the most similar use listed as determined by the Director of Planning and Development Services.
[Ord. No. 6852, 9-12-2023]
A.
Liquor Licenses.
1.
A restaurant or hotel may offer an entertainment use pursuant
to a conditional use permit as provided that not more than seventy-five
percent (75%) of the gross sales for such hotel or restaurant may
be derived from the sale of alcoholic beverages.
2.
A live performance venue may obtain a liquor license for the sale of alcoholic beverages pursuant to Chapter 400 of the City Code with or without operating as an accessory use to a restaurant or hotel, provided that the following conditions are met:
a.
A minimum of twenty percent (20%) of the annual gross income
of the venue is derived from sales and activities other than the sale
of alcohol, including, but not limited to, sale of tickets, admission
fees and the sale of prepared food or meals; or, an annual gross income
of at least two hundred thousand dollars ($200,000.00) is derived
from sales and activities other than sale of alcohol, including, but
not limited to, sale of tickets, admission fees and the sale of prepared
food or meals.
b.
A maximum of twelve (12) liquor licenses may be in force for
live performance venues within the "EO" District.
B.
Conditional Use Permits. All entertainment uses shall submit the
following as part of a conditional use permit application:
1.
A noise abatement plan identifying the intended use and form
of amplification, noise levels, soundproofing mechanisms, and other
information as requested by the Director of Planning and Development
Services.
2.
An operations plan, including the maximum capacity and audience
seating or standing layouts.
