The objective of the Mixed Use Arts Cluster Zone is to provide for a mix of uses that support the growth of a creative, transit-oriented community in the Westchester/Veterans Metro station area.
(Ord. 22-03 12-14-21)
Permitted uses shall be as identified in the Westchester/Veterans Transit Oriented Development Plan as well as the following:
(1) 
Smoke Shops. New or expanded smoke shops are prohibited within five thousand two hundred eighty feet of another smoke shop, prohibited within six hundred feet of any school, public playground or nonprofit youth facility, and are subject to Special Use Permit approval.
(2) 
Hookah Lounge. New or expanded hookah lounges, subject to Special Use Permit approval and the following:
(a) 
Prohibited within six hundred feet of any school, public playground, or nonprofit youth facility;
(b) 
Hours of operation shall be limited to the hours between nine a.m. and eleven p.m.; and
(c) 
New or expanded hookah lounges are prohibited within five thousand two hundred eighty feet (one mile) of another hookah lounge.
(3) 
Accessory dwelling units subject to the requirements of Article 35 of this chapter.
(4) 
Restaurants subject to the following in addition to regulations contained in the TOD plans:
(a) 
Dine-In Restaurants.
(b) 
Fast-food restaurants, subject to the following exceptions:
(i) 
New or expanded single-tenant, fast-food restaurants are prohibited within one thousand feet of another single-tenant free-standing fast-food restaurant as measured from property line to property line.
(ii) 
New or expanded single-tenant, free-standing fast-food restaurant, subject to Special Use Permit approval.
(iii) 
New or expanded fast-food drive-throughs, subject to Special Use Permit approval.
(Ord. 22-03 12-14-21; Ord. 23-01 10-11-22; Ord. 24-02, 12/12/2023; Ord. 23-19, 9/26/2023)
All exterior improvements (e.g., façade renovation, extension of parapets, articulation of building walls and entrances, new doors and windows, etc.), extension of building footprints, and new construction of buildings shall require Design Review approval.
(Ord. 22-03 12-14-21)