Attachment B - Staff Report - Z-TA-2-22-6.pdf

Staff Report 
Zoning Ordinance Text Amendment 
July 11, 2022 
Application No Z-TA-2-22-6: Amend Chapter 6, Sections 650.D (Permitted Accessory 
Uses) and 650.E (Prohibited Uses) of the Phoenix Zoning Ordinance to allow package 
liquor retail sales and general retail sales as accessory uses to a restaurant in the 
Historic Canal-Side Restaurant Overlay District. 
Staff recommendation:  Staff recommends approval of Z-TA-2-22-6 as shown in the 
recommended text in Exhibit A. 
PURPOSE 
The purpose of this text amendment request is to expand the permitted accessory uses to 
include package liquor retail sales and general retail sales as accessory uses to a 
restaurant. 
BACKGROUND 
Historically, a restaurant use has existed on the lot bounded by residential uses, Central 
Avenue/Murphy Bridle Path, and the Arizona Canal since 1911. In 2000, City Council 
adopted an amendment to the Zoning Ordinance (Ordinance No. G-4235) which 
established the Historic Canal-Side Restaurant Overlay District to ensure the viability of 
a long-standing nonconforming restaurant use while ensuring that the use did not 
adversely impact adjacent residential neighborhoods. The overlay district permits a 
restaurant with accessory uses incidental to that use, including customer parking, sale 
of alcoholic beverages onsite, outdoor dining, and reception or banquet uses.  
The intent of this change is to expand the allowable accessory uses to include package 
liquor retail sales and general retail sales as accessory uses to the restaurant. The 
general retail sales would include items such as t-shirts, hats, mugs, and other 
incidental items related to the restaurant.  
CONCLUSION 
The proposed text amendment would allow package liquor retail sales and general retail 
sales as accessory uses to a restaurant. Staff recommends approval of the change to 
the Zoning Ordinance as proposed in Exhibit A. 
Writer 
Eric Morales 
7/11/22 
Exhibit A: Proposed Language 
Exhibit B: Historic Canal-Side Restaurant Overlay District Boundary Map 
ATTACHMENT B

Exhibit A 
Z-TA-2-22-6: Historic Canal-Side Restaurant Overlay District 
 
Proposed Language:  
 
Amend Chapter 6, Section 650.D (Permitted Accessory Uses) to read as follows: 
*** 
 
D. Permitted Accessory Uses. Land in the HCRO district may be used as permitted 
accessory uses, incidental to and on the same zoning lot as a primary restaurant 
use, for the following: 
 
 
1. Customer parking lot, provided that customers are cleared from the parking lot 
no later than 1:30 a.m. 
 
 
 
2. Indoor music, provided that the music is limited to recorded music or one 
acoustic (unamplified) musician, such as a pianist. 
 
 
 
3. Parking lot maintenance and trash collection, provided that these activities shall 
not occur between the hours of 1:00 a.m. and 7:00 a.m. 
 
 
 
4. Sale of alcoholic beverages for consumption on-site. 
 
 
 
5. Outdoor dining, provided that the outdoor dining shall not extend to the hours 
between 10:00 p.m. and 7:00 a.m. 
 
 
 
6. Reception or banquet use of the restaurant. 
 
 
 
7. PACKAGE LIQUOR RETAIL SALES. 
 
 
 
8. GENERAL RETAIL SALES. 
 
 
 
Amend Chapter 6, Section 650.E (Prohibited Uses) to read as follows: 
 
E. Prohibited Uses. Land in the HCRO district shall not be used for the following 
uses, whether primary or accessory: 
 
 
1. Patron dancing, including as part of reception or banquet uses. 
 
 
 
2. Package liquor retail sales. 
 
 
 3 2. Drive-through and drive-in facilities. 
 
 
 4 3. Outdoor uses and/or displays, except as otherwise specifically provided in 
Section 650. 
 
 
 5 4. Playing of music, live or recorded, in an outdoor dining area. 
 
 
 6 5. Parking structure. 
 
 
 
 
***

Exhibit B 
Historic Canal-Side Restaurant Overlay District Boundary Map