§ 35-348. "ED" Entertainment District.

STATEMENT OF PURPOSE

An entertainment district must have within its boundaries as a primary use a theme park or destination resort that is developed as a regional tourist entertainment facility. This district is designed to protect and encourage the creation and development of commercial recreation, tourist, vacation, hospitality, entertainment, sports and leisure facilities and complexes, together with complementary and accessory support facilities, operations and services that are associated with the tourist, hospitality and entertainment industries. The district is specifically created in order to classify such commercial recreation, entertainment and related uses in a distinct zoning category that expressly encompasses such uses, as opposed to the other business districts which do not specifically embody such uses. It is a flexible zoning classification that is intended to allow for a broad range of uses that will create a controlled, favorable environment for the development of diverse commercial entertainment and amusement activities, including by way of example, theme parks, destination resorts, tourist attractions, and other recreation and leisure facilities. Such flexibility permits and encourages an appropriate balancing of land uses that promotes the development of adequate support facilities and services.

(a)

Permitted Uses. This district shall permit:

A.

Commercial entertainment, amusement, recreation and show parks or complexes that are developed as regional visitor tourist attractions and that are organized around a central theme or themes, such as, by way of example, music attractions, marine life attractions, water attractions, amusement rides and attractions, or tours and exhibitions. Such parks and complexes may include the following facilities: Indoor theaters, concert and entertainment facilities, rehearsal and production facilities, open air theaters, water attractions, amphitheaters, grandstand facilities, marine life facilities, guest attractions, rides, water activity areas, merchandise buildings and facilities (indoor and outdoor), playground facilities, arboretums and botanical gardens, food and beverage buildings and facilities (indoor and outdoor), games, arcades, picnic areas and grounds, parking areas, service buildings, administration and operations facilities, main entrance buildings and facilities, security facilities, first aid facilities, wardrobe and locker facilities, and other similar facilities, attractions and activities. Such parks and complexes may also include all related accessory uses, buildings, structures and facilities that are necessary or incidental to the operation of such parks and complexes, including maintenance and fabrication facilities; food, beverage, and ice production preparation; storage and distribution facilities; wardrobe production and assembly facilities; laundry and cleaning facilities; maintenance facilities; salt water production and manufacturing facilities and related filtering, pipe, and plumbing infrastructure; warehouses, open sided shelters, and outdoor storage facilities; craft shops; bakeries; horse stables and equestrian centers; kennels, animal shelter and care facilities, and veterinary medicine facilities; and similar accessory uses and functions.

B.

Destination resorts.

C.

Outdoor amusement and recreation facilities, including but not limited to, golf courses (including customary clubhouses and appurtenant facilities), miniature golf courses, golf driving ranges, picnic areas, parks and playgrounds, bicycle and motor scooter rental facilities outdoor festivals, hiking trails, swimming pools, equestrian trails, and sports facilities and stadiums.

D.

Indoor amusement and recreational facilities, including but not limited to, bowling alleys, arcades, skating rinks, commercial recreation clubs and facilities, health and exercise oriented facilities, and theaters.

E.

Convention and meeting facilities.

F.

Concert and entertainment facilities and rehearsal and production facilities related thereto.

G.

Television, film and radio studios; recording and production facilities; talent booking and entertainment management facilities; and all related services and activities.

H.

Hotel facilities or complexes, including integrated and complementary recreational and commercial uses and facilities; timeshares; and other lodging facilities such as motels, motor inns, motor hotels, including associated accessory uses.

I.

Campgrounds and recreational vehicle parks, including integrated and complementary recreational and commercial uses and facilities.

J.

Business establishments selling merchandise, food, and beverages.

K.

Personal service establishments, including, but not limited to, barber shops, beauty salons, car rental agencies, kennels, travel agencies, and day care facilities.

L.

Business, financial, governmental, medical, and professional offices, agencies and studios.

M.

Food service and beverage facilities, catering facilities, and related activities, including the sale of alcoholic beverages for on- or off-premises consumption.

N.

Warehousing and wholesale distribution of foods, wares, and merchandise related to the primary use.

O.

Transportation facilities, including bus, railroad and taxi stations and facilities; tour and travel operations and facilities (including local sightseeing and destination travel services); parking facilities; tram, monorail, skywalk and moving sidewalk facilities; and other people moving facilities.

P.

Religious, cultural, educational, governmental, and social facilities, including but not limited to churches, museums, libraries, auditoriums, and tourist information centers.

Q.

Uses permitted in the "MF," "NC," "C-1," "C-2," or "C-3" districts.

(b)

Height and Yard Requirements.

(1)

Height. The height of buildings and other improvements shall not exceed fifty (50) feet at the required perimeter setbacks as specified by subsection (b). The height of buildings and other improvements may be increased two (2) feet for each one (1) foot they are setback beyond the required perimeter setback.

(2)

Setbacks. No building or other structure, except streets, walks, and parking facilities, shall be erected within the following setbacks lines measured along the perimeter of an entertainment district:

A.

Forty-five (45) feet from any perimeter abutting a developed residential area.

B.

Twenty-five (25) feet from any perimeter abutting an undeveloped or nonresidential area.

C.

Internal to this district there are no setback requirements.

(c)

Parking and Security Lighting. Parking and security lighting facilities shall be arranged so that the source of light is deflected away from and not directed toward any existing residences abutting the district.