§ 35-358. "AE-1," "AE-2," "AE-3," and "AE-4" Arts and Entertainment Districts.

Latest version.

STATEMENT OF PURPOSE

The arts and entertainment special zoning districts are designed to support existing arts and entertainment venues and promote the creation of additional venues and supporting uses. These special zoning districts are appropriate where existing arts and entertainment venues are adjacent to areas with high building and lot vacancy rates where infill development and redevelopment is desired. By creating a distinct area for arts and entertainment venues and supporting uses, this zoning district allows a community to capitalize on nearby venues and draw visitors into the community. The arts and entertainment districts facilitate infill development and redevelopment by creating a consistent pattern of zoning, creating certainty about the form and function of future development and creating an identity that may be utilized to attract investment. The arts and entertainment districts include four (4) unique districts designed to accommodate a range of existing conditions and desired outcomes. All of the arts and entertainment districts require quality building design and materials and a pedestrian-oriented, mixed-use environment.

The "AE" districts implement the following master plan policies:

• Growth Management, Policy 1b: Distribute land uses to meet the physical, social, cultural, economic and energy needs of present and future populations.

• Growth Management, Policy 1f: Encourage a balance of new development and redevelopment.

• Neighborhoods, Policy 1a: Rezone vacant or underutilized property in and around neighborhoods to encourage redevelopment that is compatible in use and intensity with the existing neighborhoods.

• Urban Design, Policy 1b: Develop urban design policies and standards which integrate and coordinate planning for historic and cultural resources, public facilities and services, and private development, infrastructure, transportation, arts and cultural resources, libraries, parks and recreation, health and human service facilities.

• Urban Design, Policy 1d: Develop criteria and procedures for infill development which will enhance the character of neighborhoods.

• Urban Design, Policy 1e: Apply strategies which will result in all existing and new streetscapes being accessible, safe and stimulating.

• Urban Design, Policy 4b: Use incentives to encourage development in underutilized urban areas.

• Urban Design, Policy 4c: Create streetscapes which emphasize both pedestrians and vehicles.

(a)

Applicability.

(1)

Property shall be located within one-half (½) mile of an existing primary arterial, secondary arterial or enhanced secondary arterial as delineated on the major thoroughfare plan and either:

At least fifty (50) percent of the property subject to rezoning shall be located within one-quarter (¼) mile and at least ninety (90) percent of the property subject to rezoning shall be located within one-half (½) mile of an existing publicly owned arts and/or entertainment venue including stadiums, performing arts venues, museums, theaters, convention centers, locations and/or structures of historical and/or cultural significance, and competition grade athletic facilities for professional or amateur athletic events.

Shall be located within the boundaries of a Neighborhood Commercial Revitalization (NCR) area designated by city council ordinance.

(2)

Unless explicitly superseded or modified by this section, the provisions contained in Article V: Development Standards, of this chapter shall be applicable to a property with AE-1, AE-2, AE-3 or AE-4 zoning.

(b)

Administration.

(1)

A site plan and building elevations for all properties within an arts and entertainment district shall be submitted in conjunction with an application for a building permit as required by the city's building code.

(2)

The site plan shall include the following:

Street address, legal description, vicinity diagram, scale, north arrow, and perimeter boundaries;

Location and dimensions of existing and/or proposed structures, easements, driveways, and parking areas;

Location and height of required screening;

Locations and dimensions of all signs and appurtenances; and

Location of exterior lighting.

Building elevations shall include:

Building materials; and

Building dimensions and details.

(3)

No building permit shall be issued by the development services department for new construction or an alteration or addition to an existing building or structure without the submission and approval of design plans submitted in conformance with the development and design standards established pursuant to subsection (f) above and the issuance of a certificate of compliance by the planning and community development director. However, a sign permit may be issued upon review of the applicable ordinance by the development services department without issuance of a certificate of compliance.

(4)

Upon receipt of all submittal materials required in subsection (1), the director of the planning and community development department shall issue or deny a certificate of compliance within ten (10) working days. If approved or disapproved the plan shall be so annotated.

(5)

If the plan is not approved, the applicant may appeal the staff decision to the board of adjustment.

(c)

General to All. The provisions contained within this section apply to all arts and entertainment districts. Additional regulations are contained under each district subheading.

(1)

Site.

Exterior Lighting.

Entryways, parking areas and other public spaces shall be adequately illuminated to serve as a deterrent to personal and property crime. Lighting fixtures shall be chosen and placed so as to minimize light spillover onto adjacent properties.

Exterior lighting fixtures for parking lots and walkways shall be shielded with a cutoff angle of less than ninety (90) degrees. Any structural part of the fixture providing this cut-off angle shall be permanently affixed.

The maximum permitted height for pole mounted exterior lighting fixtures is fifteen (15) feet.

Lighting of building exteriors (uplighting or downlighting) that is positioned to highlight a building or outdoor artwork shall be aimed at the object to be illuminated, not pointed into the sky. Flood lamps shall be shielded so that the light sources are not visible from a public right-of-way or abutting properties.

All canopy lighting shall be fully shielded. Indirect uplight is permitted under an opaque canopy provided that no lamp or vertical element of a lens or diffuser is visible from beyond the canopy and such that no direct up light is emitted beyond the opaque canopy.

Fences.

UDC standards for fences (35-514: Fences) shall apply except that the following materials are not permitted:

Chain link (permitted in side and rear yards only).

Barbed wire.

Razor wire.

Sheet metal.

Unfinished concrete masonry units (i.e. cinderblock).

Plywood.

Cast-off, secondhand or other items not originally intended to be used for constructing or maintaining a fence or wall.

Fences (including retaining walls) shall be designed to deter or facilitate the removal of graffiti.

Screening.

Outside storage, off-street loading areas, refuse storage areas, air conditioning and heating equipment, utility boxes, utility pillars, utility vaults, utility cabinets, microwave and satellite antennas and other mechanical equipment shall be located in the side or rear yards. If any of the elements listed above are required by utility providers to be located within the front yard or are located in the side or rear yards but are visible from the right-of-way, these elements shall be completely screened from public view. Screening may be achieved with a solid wall that matches the material and finish of the primary structure, dense native landscaping, or a combination of both.

Off-street parking areas shall be screened from view from the right-of-way.

Screening shall consist of dense native landscaping or a solid screen fence or wall. If a solid screen fence or wall is to be utilized, the fence or wall shall be set back from the sidewalk edge and the set back area shall be landscaped with native plants so as to discourage graffiti.

Screenings consisting only of native landscaping are encouraged to vary in height, density and species but where installed shall average four (4) feet in height above the parking lot grade at maturity to form an opaque visual barrier.

Roof-top mechanical equipment shall be screened from ground level view with a parapet or other architectural feature.

Utility Lines.

New utility lines within the front and side yards shall be located underground.

Utility lines within new rights-of-way shall be located underground or to the rear of the property to the greatest extent possible

(2)

Building.

Building Disposition.

Facades shall be built parallel to the principal frontage line.

Buildings shall have their principal entrance on a street frontage line unless they front a plaza, green or courtyard.

Building Materials.

The following building materials are permitted for use as the primary cladding material for elevations visible from a public right-of-way: Native stone, brick, tile, stucco, cultured stone or cast stone, architecturally finished block (i.e. burnished block, split faced concrete masonry units), architecturally finished pre-cast or poured in place concrete wall that is profiled, sculptured or otherwise provides three dimensional interest, EIFS (but not less than four (4) feet above grade), cement fiber siding, natural wood clapboard siding.

The following building materials are prohibited for use as the primary cladding material or accent material for elevations visible from a public right-of-way.

Pre-engineered metal building panels,

Plastic siding.

Exposed aggregate.

Reflective glass.

Materials not expressly permitted may be used as accent material for elevations visible from a public right-of-way. The total area of all accent materials shall not exceed twenty-five (25) percent of any single elevation.

No building shall be constructed with a single material or color.

The use of materials that deter or facilitate the removal of graffiti is encouraged.

The use of security appurtenances on windows and doors is discouraged. If security appurtenances are utilized, they shall be located on the interior of the building, shall be constructed of materials that do not fully obscure vision and shall fully retract so as not to be visible during business hours.

Roofs.

Flat roofs shall include a parapet.

If roofing material is painted or if color is added during the manufacturing process, paint or color shall be limited to earth tone colors.

Alternative Energy Systems and Rainwater Harvesting. Alternative energy systems and components and rainwater harvesting collection and storage equipment may be constructed and located to maximize the efficiency of the system and shall be exempt from the screening and building material requirements

Temporary Structures.

Portable carports shall not be permitted if within view of the right-of-way.

Tents may be used for special events but in no case shall remain on a lot for a period to exceed one (1) week.

(3)

Signage.

Off-premises signs are prohibited.

Portable signs are permitted subject to the following restrictions:

One (1) portable sandwich board sign shall be permitted per tenant with an exterior public entrance.

Portable sandwich board signs shall have a maximum area of eight (8) square feet and a maximum height of four (4) feet.

Portable signs shall be located entirely on private property and must not present a physical or visual obstruction to pedestrians or motorists.

Portable signs shall not be illuminated.

Portable sandwich board signs shall not be displayed outside of the posted hours of operation.

(4)

Uses.

Permitted Uses.

Generally. No use shall be permitted pursuant to this chapter, and no development permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency of the city unless said use is listed as a permitted or specific use permit in the arts and entertainment districts Use Matrix (Table 358-1)

Permitted Uses. A "P" indicates that the listed use is permitted by right within the special zoning district. Permitted uses are subject to all other applicable standards of this chapter.

Specific Uses. An "S" indicates that the listed use is permitted within the respective special zoning district only after review and approval of a specific use permit, in accordance with the review procedures of section 35-423 of this chapter. Specific use permits are subject to all other applicable standards of this chapter and those requirements that may reasonably be imposed by the city consistent with the criteria set forth in subsection 35-423(e) of this chapter and any supplemental use regulations which apply to said use.

Prohibited Uses. A blank cell ("") indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this chapter.

TABLE 358-1
ARTS AND ENTERTAINMENT SPECIAL ZONING DISTRICTS USE MATRIX

			AE-2
	PERMITTED USE	AE-1	Corner	Interior	AE-3	AE-4
Alcohol	Microbrewery	S			S
Alcohol	Nightclub Without Cover Charge 3 or More Days Per Week				S
Alcohol	Nightclub With Cover Charge 3 or More Days Per Week				S
Alcohol	Wine Boutique	P			P
Amusement	Amusement And/Or Theme Park - Outdoor Rides				S
Amusement	Animal Racetrack And/Or Rodeo Arena				S
Amusement	Billiard Or Pool Hall	S			S
Amusement	Carnival And/Or Circus (Temporary For Not More Than 60 Days)				S	S
Amusement	Carnival And/Or Circus - Event Use (specific time limit set by city council on individual case consideration).				S	S
Amusement	Dance Hall				S
Amusement	Fairground And/Or Stadium				S
Amusement	Go-Cart Track				S
Amusement	Laser Hide & Seek Games - Indoors	P			P
Amusement	Laser Hide & Seek Games - Outdoors permitted				S
Amusement	Live Entertainment Without Cover Charge 3 or More Days per Week (not including food service establishments)	S			S
Amusement	Live Entertainment with Cover Charge 3 or More Days per Week (not including food service establishments)	S			S
Amusement	Miniature Golf	P			P
Amusement	Museum - Public or Private	P	P		P
Amusement	Theater - Indoor permitting Over 2 Screens And/Or Stages	S			S
Amusement	Theater - Indoor With 2 Or Less Screens And/Or Stages	P	S		P
Amusement	Theater - Outdoor Including Drive-In & Amphitheaters				S
Amusement	Video Games - Coin Or Token Operated	P	P		P
Animal	Animal - Equestrian Center And Riding Trails				S
Animal	Pet Grooming - Small Animals Only	P	P		P
Auto	Auto Alarm & Radio - Retail (sales and installation as a primary use)					S
Auto	Auto & Light Truck - Oil, Lube & Tune Up		S	S	S	S
Auto	Auto & Light Truck Repair	S	S	S	S	S
Auto	Auto - Rental					P
Auto	Auto Paint and Body - Repair with outside storage of vehicles and parts permitted but totally screened from view of adjacent property owners and public roadways	S	S	S
Auto	Auto Parts Retail	S
Auto	Auto Upholstery - Sales and installation completely enclosed				S
Auto	Carwash				S	S
Auto	Motor Vehicle Sales (full service)				S	S
Auto	Parking Garage- Commercial or Noncommercial	P			P	P
Auto	Parking Lot - Commercial	P			P	P
Auto	Parking Lot - Noncommercial	P	S	S	P	P
Auto	Parking & Transient Vehicle Storage - Related To A Delivery (Auto, Truck, Trailer & Marine)				S	P
Auto	Tire Repair - Auto & Small Truck (Sale And Installation Only, No Mechanical Service permitted)	S				P
Auto	Truck Repair & Maintenance					S
Church	Church	P	P	P	P	P
Dry Goods - Wholesale	Dry Goods - Wholesale					P
Dwelling	Dwelling - 1 Family (Attached Or Townhouse) (11 Units/Acre Maximum)	P	P	P	P
Dwelling	Dwelling - 1 Family (Detached) (11 Units/Acre Maximum)		P	P	P
Dwelling	Dwelling - 2 Family (11 Units/Acre Maximum)	P	P	P	P
Dwelling	Dwelling - 3 Family (11 Units/Acre Maximum)	P	P	P	P
Dwelling	Dwelling - 4 Family (11 Units/Acre Maximum)	P	P	P	P
Dwelling	Dwelling - Multifamily (25 Units/Acre Maximum)	P	S	S	P
Dwelling	Dwelling - Multifamily (33 Units/Acre Maximum)	P			P
Dwelling	Dwelling - Multifamily (40 Units/Acre Maximum)	P			P
Dwelling	Dwelling - Zero Lot Line		P	P	P
Dwelling	Housing (temporary or permanent) For On-Premises Caretaker	P	P	P	P	P
Housing	Bed and Breakfast	P	P	P	P
Housing	Housing - Extended Stay Hotel Or Timeshares	S			P
Housing	Housing - Group Day Care Limited To 12 Individuals	P	P		P
Housing	Housing - Hotel	S			P	S
Housing	Housing - Motel	S			P	S
Industrial	Bookbinder					P
Industrial	Cabinet or Carpenter Shop				S	P
Industrial	Laundry - Plant				S
Industrial	Printer (Large Scale)					P
Manufacturing	Beverage - Manufacturing Or Processing				S	P
Manufacturing	Chemical/Drug - Wholesale & Storage					P
Manufacturing	Metal Products - Fabrication				S	P
Manufacturing	Moving And Transfer Company - With Trucks Attached To Trailers For A Total Exceeding 24 Feet In Length					P
Manufacturing	Sign Manufacture					P
Processing	Food & Food Products - Processing				S	P
Processing	Punch Concentrate Products - Mixing Only					P
Recreation	Archery Range - Outdoor				S
Recreation	Archery Range - Indoor	S			S
Recreation	Athletic Fields - Noncommercial	S			S
Recreation	Athletic Fields - Commercial	S			S
Recreation	Bowling Alley				S
Recreation	Fitness Center	S	S		S
Recreation	Fitness Center/Health Club	S	S		S
Recreation	Golf Course - Private	S			S
Recreation	Golf Course - Publicly Owned	S			P
Recreation	Golf Driving Range	S			P
Recreation	Gymnasium	S			S
Recreation	Gymnasium - Commercial	S			S
Recreation	Park, Public	P	P	P	P	P
Recreation	Recreational Facility - Private Community Wide	S			S
Recreation	Recreational Facility - Private Neighborhood	S	S		S
Recreation	Recreational Facility - Public Community Wide	S			S
Recreation	Recreational Facility - Public Neighborhood	S	S		S
Recreation	Skateboard Track				S
Recreation	Skating Rink - Ice Or Roller Skating				S
Recreation	Stable & Equestrian Center				S
Recreation	Tennis, Racquetball, Handball, Volleyball or Basketball - Noncommercial (Outside Courts permitted)	S	S		S
Recreation	Tennis, Racquetball, Handball, Volleyball or Basketball - Commercial (Outside Courts Not permitted)	S			S
	Tennis, Racquetball, Handball, Volleyball or Basketball - Commercial (Outside Courts permitted)	S	S		S
Recreation	Tennis, Racquetball, Handball, Volleyball or Basketball -Noncommercial (Outside Courts Not permitted)	S			S
Retail	Antique Store - Retail	P	P	P	P
Retail	Apparel & Accessory Store - Retail	P	P	P	P
Retail	Appliance - Retail	P			P
Retail	Art Gallery	P	P	P	P
Retail	Artisan's Studio	P	P	P	P
Retail	Bakery - Retail	P	P		P
Retail	Bookstore	P	P		P
Retail	Business Machines - Retail	P	S		P
Retail	Camera, Photographic Equipment & Supplies - Retail	P	P		P
Retail	Candy, Nut And Confectionery - Retail	P	P		P
Retail	Catering Shop	P	P		P	P
Retail	Convenience Store	P	P		P	P
Retail	Convenience Store (with carwash)	S	S		S	P
Retail	Convenience Store (with gasoline)	S	S		S	P
Retail	Convenience Store (with gasoline and carwash)	S	S		S	P
Retail	Dairy Products - Retail	P	P		P
Retail	Drugstore - Apothecary	P	P		P
Retail	Dry Goods - Retail	P	P		P
Retail	Flea Market - Indoor					P
Retail	Flea Market - Outdoor					P
Retail	Floor Covering - Retail	S			S
Retail	Florist - Retail	P	P		P
Retail	Food Store	P	P		P
Retail	Fruit And Produce - Retail	P	P		P
Retail	Furniture Sales - Retail	P	P		P
Retail	Gift Shop - Retail	P	P		P
Retail	Glass - Retail	S			S
Retail	Grocery Store - Retail	P	P		P
Retail	Hardware Sales - Retail	P	P		P
Retail	Hobby Store - Retail	P	P		P
Retail	Jewelry Store - Retail	P	P		P
Retail	Landscaping Materials - Sales & Storage					P
Retail	Leather Goods Or Luggage Store - Retail	P	P		P
Retail	Medical - Surgical Supplies Retail	P			P
Retail	Milliner - Custom	P	P		P
Retail	Music Store	P	P		P
Retail	Newsstand	P	P		P
Retail	Nursery - Retail (Growing Plants On Site permitted)	S			S	P
Retail	Nursery - Retail (No Growing Plants On Site permitted)	P	P		P	P
Retail	Paint And Wallpaper Store - Retail & Wholesale	S			S
Retail	Pet Shop - Retail	P	P		P
Retail	Plumbing Fixtures - Retail	S			S
Retail	Rug Or Carpet - Retail	S	S		S
Retail	Secondhand Merchandise - Retail No Outside Storage Or Display Of Inventory permitted)	P	P		P
Retail	Shoe - Retail	P	P		P
Retail	Silk Screening - Retail	P	P		P
Retail	Sporting Goods - Retail	P	P		P
Retail	Stamps And Coin Sales - Retail	P	P		P
Retail	Stationary Products - Retail	P	P		P
Retail	Tamale - Preparation Retail	S	S		S
Retail	Tobacco Store - Retail	P	P		P
Retail	Toy Store - Retail	P	P		P
Retail	Trophy Sales, Engraving & Assembly	P	P		P
Retail	Variety Store - Retail	P	P		P
School	Business or Commercial Trade	P			P
School	School - Montessori	P	P		P
School	School - Private University Or College	S	S		S
School	School - Public University Or College	S	S		S
School	School - Nursery (Public & Private)	P	P		P
School	School - Private Pre-Kindergarten Through 12th Grade	P	P		P
School	School - Public Pre-Kindergarten Through 12th Grade	P	P		P
School	Vocational Trade (No Outside Storage & Training Area permitted)					P
School	Vocational Trade (Outside Storage & Training Area permitted)					P
Service	Air Conditioning/Refrigeration - Service and Repair	S
Service	Altering/Repairing Of Apparel	P	P		P
Service	Appliance - Repair Major					S
Service	Appliance - Repair Small					S
Service	Assisted Living Facility, Boarding Home Facility or Community Home with 6 or Fewer Residents	P	P	P	P
Service	Assisted Living Facility, Boarding Home Facility or Community Home with 7 to 16 Residents	P	P		P
Service	Auditorium	P			P
Service	Bank, Savings And Loan	P	S		P
Service	Barber Or Beauty Shop	P	P		P
Service	Bicycle - Repair	P	P		P
Service	Caterers (no on-premises food services)	P	S		P
Service	Cemetery Or Mausoleum	S	S		S
Service	Charitable - Food and/or Clothing Bank	S			S
Service	Charitable - Food Service Establishment (No charge for meals)	S			S
Service	Copy Service - Blueprinting And Photocopying	P	S		P
Service	Cosmetics - Permanent	P	P		P	P
Service	Day-Care Center - Child And/Or Adult Care	P	P		P
Service	Dry Cleaning - Limited to five employees	S
Service	Dry Cleaning - Pickup Station Only	P	P		P
Service	Electric Repair - Light Equipment	S	S		S	P
Service	Electronic Equipment - Repair	S	S		S	P
Service	Employment Agency	P	S		P
Service	Food, Mobile Vending (base operations)					S
Service	Food - Restaurant Or Cafeteria	P	P		P
Service	Food Service Establishment without Cover Charge 3 or More Days per Week (with or without accessory live entertainment)	P	P		P
Service	Food Service Establishment with Cover Charge 3 or More Days per Week (with or without accessory live entertainment)	S	S		S
Service	Furniture Repair/Upholstering	S	S		S
Service	Gasoline Filling Station (without repair or carwash)	S			S	P
Service	Gasoline Filling Station (with repair)	S			S	P
Service	Gasoline Filling Station (with repair and/or carwash)	S			S	P
Service	Gasoline Filling Station - Fleet	S			S	P
Service	Janitorial / Cleaning Service	S			S
Service	Laboratory - Research					P
Service	Laboratory - Testing					P
Service	Laundry & Dry Cleaning - Self Service	P	P		P
Service	Laundry Or Dry Cleaning - Pickup Station Only	P	P		P
Service	Library	P	P	P	P
Service	Loan Office	P	P		P
Service	Locksmith	P	P		P
Service	Massage - Therapeutic	P	P		P
Service	Medical - Chiropractor Office	P	P		P
Service	Medical - Clinic (Physician And/Or Dentist)	P	P		P
Service	Medical - Clinic Physical Therapist	P	P		P
Service	Medical - Hospital Or Sanitarium	S			S
Service	Medical - Laboratory Dental Or Medical	P	P		P
Service	Medical - Optical Goods Retail	P	P		P
Service	Medical - Optometry Office	P	P		P
Service	Mini Warehouse (No outside storage)	S				P
Service	Movie Rentals	P	P		P
Service	Office Call Center	P			P	P
Service	Office Data Processing & Management	P			P	P
Service	Office Professional	P	P	P	P	P
Service	Palm Reading	P	P		P
Service	Party House, Reception Hall, Meeting Facilities	S	S		S
Service	Pawn Shop	P			P
Service	Picture Framing	P	P		P
Service	Post Office	P	P		P
Service	Reading Room	P	P		P
Service	Record Storage Facility ( Electronic and/or paper)	P			P	P
Service	Reducing Salon	P	P		P
Service	Rental - Event Specialties (No outside storage and display allowed	P			P	P
Service	Self-Defense Instruction	P	P		P
Service	Shoe - Repair	P	P		P
Service	Sign Shop - No Outside Storage	S			S	P
Service	Nursing Facility	S	S		S
Service	Storage, Climate Controlled					P
Service	Storage, Cold					P
Service	Studio - Fine Or Performing Arts	P	P		P
Service	Studio - Interior Decorating	P	P		P
Service	Studio - Photographic	P	P		P
Service	Studio - Sound & Recording	S			S
Service	Tailor Shop	P	P		P
Service	Rental - Tool, Equipment & Event Specialties (Fenced & Screened Outside Storage and Display permitted)					P
Service	Watch Repair	P	P		P
Social	Club - Private	S			S
Social	Clubhouse - Private Including Lodges & Meeting Halls	P	P		P
Storage	Carting, Crating, Hauling, Storage					P
Storage	Cold Storage					P
Storage	Moving Company					P
Storage	Storage - Outside (Screening from Public ROWs and Adjacent Property Required)					P
Storage	Storage - Outside (Under Roof And Screened)					P
Transportation	Bus Shelter (Max size 6'x13')	P	P	P	P	P
Transportation	Bus Stop	P	P	P	P	P
Transportation	Transit Center	P	S	S	P	P
Transportation	Transit Park & Ride	P	S	S	P	P
Transportation	Transit Station	S	S	S	S	S
Transportation	Transit Transfer Center (Max Size 14'x33' and total footprint no larger than 30'x40')	P	P	P	P	P
Utilities	Radio Or Television Station Without Transmission Tower	S			S	S
Utilities	Telephone Equipment Infrastructure	S	S		S	P
Utilities	Wireless Communication Systems	S			S	S
Warehouse	Office Warehouse (Flex Space) - Outside Storage Not permitted					P
Warehousing	Warehousing				S	P
Wholesale	Florist					P
Wholesale	Nursery - Plant Wholesale Onsite Growing Permitted					P
Wholesale	Office Equipment And Supply - Wholesale					P
Wholesale	Paper Supplies - Wholesale					P

(d)

"AE-1" Arts and Entertainment District.

STATEMENT OF PURPOSE

The AE-1 district accommodates arts and entertainment venues and supporting uses in a higher density, pedestrian-oriented environment. This district supports infill development and the redevelopment of parcels along an existing arterial where lot and building vacancies are prevalent, but where nearby arts and entertainment venues bring people to the general area. The primary goal of this district is to create a mixed-use environment where arts and entertainment venues, commercial, residential and office uses harmoniously co-exist. The focus of design should be on the streetscape, with buildings located close to the front property line to form a street wall and street side public and private spaces adorned with pedestrian amenities.

(1)

Location. The AE-1 district zoning is appropriate along existing primary arterials, secondary arterials, or enhanced secondary arterials as delineated on the major thoroughfare plan. This district is appropriate for areas with high lot and building vacancy rates where the redevelopment of architecturally or historically significant structures and compatible infill development is desired. This district may be applied where the existing development pattern includes buildings with facades oriented to the street with zero to five-foot front setbacks creating a traditional main street pattern. The existing street pattern should be a grid pattern with short block lengths and shallow lots. This district is appropriate for areas where existing zoning is incompatible or does not reflect the existing or intended development pattern.

(2)

Minimum Size. An AE-1 district shall consist of at least one (1) block and include both opposing block faces.

(3)

Site.

Building Setbacks.

Minimum five-foot front building setback, maximum ten-foot front building setback.

Subsection 35-358(d)(3)A.1. notwithstanding, the minimum front setback may be reduced to match the median front building setback of the existing buildings on the block face.

Subsection 35-358(d)(3)A.1. notwithstanding, the maximum front setback may be extended to twenty (20) feet if the front yard is to function as an outdoor seating area for a nonresidential use.

The minimum and maximum setbacks define a build-to area. At least fifty (50) percent of the lot width shall be occupied by a building located within this build-to area.

Front yard areas are to be occupied by a landscaped yard, porch, terrace, stoop, shop front awning, gallery, arcade, seating area, sidewalk, bicycle facilities, and/or space for the display of artwork. Porch, terrace, stoop, shop front awning, gallery, and arcade may extend into the minimum five-foot front building setback area.

No side or rear building setback required except that a minimum five-foot building setback shall be required where side or rear property line abuts a single-family residence or single-family zoning district.

Driveway and Sidewalks.

Driveway shall not exceed thirty (30) percent of the front yard.

New sidewalks shall adhere to the traditional street design standards for a main street (Table 506-4: Traditional Street Design Standards) except that a planting strip shall not be required. Street trees shall be planted in tree wells. Single trees shall require a tree well of at least one hundred (100) square feet. Parts of the tree well may be capped with pervious or impervious materials as permitted by approval of the city arborist.

An improved pedestrian walkway from the front property line to the main customer entrance shall be provided. The improved pedestrian walkway may be constructed of concrete, crushed granite, pavers, weather resistant boards or similar materials. The improved pedestrian walkway shall be separated from parking stalls and drives with landscaping consisting of plants included on the San Antonio Recommended Plant List (Section 35-E).

All publicly accessible structures within the property shall be linked by an improved pedestrian walkway.

Improved pedestrian walkways shall be shaded by tree canopies, awnings or other coverings except where crossing loading areas or driveways.

The improved pedestrian walkway may cross loading areas or driveways but in such case shall include high visibility pavement markings.

Parking Requirements.

Parking shall not be permitted in the front yard.

Off-street parking facilities shall be provided in accordance with Table 526-3b: Parking in Nonresidential Use Districts except that the following reductions to the minimum off-street parking requirements shall apply:

Minimum off-street parking requirement may be reduced one (1) space for each on-street parking space located adjacent to the property.

Minimum off-street parking requirement shall not apply if existing primary structure is to be substantially improved (see 35-A101 for definition of substantial improvement) even if the use of the structure is to be changed.

Minimum off-street parking requirement may be reduced by up to fifty (50) percent if a cooperative parking plan is utilized pursuant to 35-526(g): Sharing Off-Street Parking Facilities - Cooperative Parking Plan.

Minimum off-street parking requirements may be reduced by one (1) space for every five (5) bicycle parking spaces provided.

Minimum off-street parking requirements may be reduced by utilizing the sharing factors in Table 358-2: Parking Sharing Factor Matrix when two (2) or more categories of uses will share parking facilities. The reduced minimum off-street parking requirement is calculated by adding the total number of spaces required for each separate category of uses and dividing the total by the appropriate factor from the parking sharing factor matrix.

TABLE 358-2: Parking Sharing Factor Matrix

	Residential	Lodging	Office	Retail
Residential	1.0	1.1	1.4	1.2
Lodging	1.1	1.0	1.7	1.3
Office	1.4	1.7	1.0	1.2
Retail	1.2	1.3	1.2	1.0

Landscape Buffer. A Type B buffer yard shall be required where AE-1 zoning abuts a single-family residential use or single-family residential zoning district. A six-foot solid-screen fence or wall may be utilized in lieu of the buffer yard.

Outside Display and Storage.

Merchandise such as artwork and pottery, plants or flowers, food products and handcrafted goods may be displayed within the front yard. This merchandise should be brought out in the morning and taken in at night and in no circumstances shall remain in the front yard for a period exceeding twenty-four (24) hours.

Class 1 storage and class 2 storage are permitted in the rear yard subject to the restrictions in Section 35-525: Outdoor Storage Standards. Class 3, 4 and 5 storage shall not be permitted unless incidental to the activities of a conditionally approved use.

(4)

Building.

Building Height.

Buildings shall not exceed a height of four (4) stories.

Section 35-517(d): "Setbacks for Height Increases" shall not apply.

Maximum building height may be increased to six (6) stories for a mixed-use building provided any height above four (4) stories is stepped back at least ten (10) feet from the face of the building.

Accent Features. In order to achieve a more finished appearance the use of architectural accent features is required. Architectural accent features may include overhang eaves, pilasters, cornices, string courses, window sills, lintels, banding, articulated parapets, columns, projecting windows, porches, recessed entryways, decorative kick plates, and marquees.

Windows. At least fifty (50) percent of the total area of the first floor street frontage shall consist of non-reflective glass.

(5)

Signage.

On-premises freestanding signs are prohibited.

On-premises attached signs are permitted subject to the following restrictions:

One (1) attached sign per tenant with an exterior public entrance is permitted provided the sign shall consist of the name of the tenant only. Attached signs including wall signs, canopy signs, awning signs, projecting blade signs and vertical projecting signs are permitted and shall be designed as integral elements of the building design.

Attached signs that project beyond the face of a building shall be located a minimum of eight (8) feet above grade.

Maximum attached sign message area (as a percentage of the area of each building elevation).

Ten (10) percent cabinet sign.

Fifteen (15) percent channel letters raised or incised.

Fifteen (15) percent painted or flat sign.

(6)

Uses.

Permitted Uses.

See Table 358-1: Arts and Entertainment Special Zoning Districts Permitted Uses.

(e)

"AE-2" Arts and Entertainment District.

STATEMENT OF PURPOSE

The AE-2 district accommodates smaller scale arts and entertainment venues and supporting uses. This district supports infill development and the redevelopment of parcels along existing arterials where lot and building vacancies are prevalent, but where nearby arts and entertainment venues bring people to the general area. The primary goal of this district is to create space, in many cases within existing structures, for local artists to live, work, display and sell their artwork. Artists that locate within this district will benefit from the draw of other artists and the collective energy of the area. Corner lots may be utilized for neighborhood based commercial uses including cafes, bakeries, convenience stores and barber/beauty shops. This district is designed to harmoniously co-exist with adjacent single-family residential neighborhoods.

(1)

Location. The AE-2 district zoning is appropriate along existing primary arterials, secondary arterials, or enhanced secondary arterials as delineated on the major thoroughfare plan. This district is appropriate for areas with high lot and building vacancy rates where infill development and redevelopment is desired. This district may be applied where the existing development pattern includes a mix of residences and commercial establishments. The existing street pattern should be a grid pattern with shorter block lengths and smaller lots. This district is appropriate for areas where existing zoning is incompatible or does not reflect the existing or intended development pattern.

(2)

Minimum Size. An AE-2 district shall consist of at least one (1) block and include both opposing block faces.

(3)

Site.

Building Setbacks.

Minimum five-foot front building setback, maximum ten-foot front building setback.

Section 35-358(e)(3)A.1. notwithstanding, the minimum front setback may be reduced to match the median front building setback of existing buildings on the block face.

Section 35-358(e)(3)A.1. notwithstanding, for interior lots, the maximum front building setback may be extended to forty (40) feet if the front yard is to function as a semi-private space (i.e. outdoor seating area, plaza, landscaped yard).

Section 35-358(e)(3)A.1. notwithstanding, for corner lots, the maximum front building setback may be extended to twenty (20) feet if the front yard is to function as an outdoor seating area for a nonresidential use.

Front yard areas are to be occupied by landscaped yard, porch, terrace, stoop, shop front and awning, gallery, arcade, seating area, sidewalk, bicycle facilities and/or space for the display of artwork. Porch, terrace, stoop, shop front awning, gallery, and arcade may extend into the minimum five-foot front building setback area.

Minimum five-foot side and rear building setbacks required.

Driveway and Sidewalks.

Driveway shall not exceed thirty (30) percent of the front yard

New sidewalks shall be provided in accordance with the Traditional Street Design Standards for a Main Street (Table 506-4: Traditional Street Design Standards).

All publicly accessible structures within the property shall be linked by an improved pedestrian walkway.

Improved pedestrian walkways shall be shaded by tree canopies, awnings or other covering except where crossing loading areas or driveways.

Improved pedestrian walkways may cross loading areas or driveways but in such case shall include high visibility pavement markings.

Parking Requirements.

Parking shall not be permitted in the front yard except on improved driveways.

Off-street parking facilities shall be provided in accordance with Table 526-3b Parking in Nonresidential Use Districts except that the following reductions to the minimum off-street parking requirements shall apply:

Minimum off-street parking requirement may be reduced one space for each on-street parking space located adjacent to the property.

Minimum off-street parking requirements shall not apply if existing primary structure is to be substantially improved (see 35-A101 for definition of substantial improvement) even if the use of the structure is to be changed.

Minimum off-street parking may be reduced by up to fifty (50) percent if a cooperative parking plan is utilized pursuant to 35-526(g): Sharing Off-Street Parking Facilities - Cooperative Parking Plan.

Minimum off-street parking requirements may be reduced by one (1) space for every five (5) bicycle parking spaces provided.

Landscape Buffer. A type B buffer yard shall be required where AE-2 zoning abuts a single-family residential use or single-family residential zoning district. A six-foot solid-screen fence or wall may be utilized in lieu of the buffer yard.

Outside Display and Storage.

Class 1 and 2 storage is permitted in the rear yard subject to the restrictions in Section 35-525: Outdoor Storage Standards. Class 3, 4 and 5 storage shall not be permitted unless incidental to the activities of a conditionally approved use.

Outside Activities. All work areas shall be located within a fully enclosed structure.

(4)

Building.

Building Size.

On corner lots, building footprint shall not exceed five thousand (5,000) square feet for a single building or fifteen thousand (15,000) square feet aggregate for multiple buildings

On interior lots, building footprint shall not exceed three thousand (3,000) square feet for a single building or five thousand (5,000) square feet aggregate for multiple buildings.

Building Height. Buildings shall not exceed a height of 2.5 stories.

Building Disposition.

Facades shall be built parallel to the principal frontage line.

Buildings shall have their principal entrance on a street frontage line unless they front a plaza, green or courtyard.

Accent Features. In order to achieve a more finished appearance the use of the following architectural accent features is encouraged. Architectural accent features may include overhang eaves, pilasters, cornices, string courses, window sills, lintels, banding, articulated parapets, columns, projecting windows, porches, recessed entryways, decorative kick plates and marquees.

Windows. At least twenty-five (25) percent of the total area of the first floor street frontage shall consist of non-reflective glass.

(5)

Signage.

On-premises freestanding signs are permitted subject to the following restrictions:

One (1) on-premises, freestanding sign per platted lot is permitted.

Maximum sign height is five (5) feet for single or dual tenant, eight (8) feet for multiple tenant.

Maximum freestanding sign message area is thirty-two (32) square feet for a single or dual tenant, forty-eight (48) square feet for multiple tenant.

Outdoor electric signs are prohibited (see definition in Chapter 28: Signs and Billboards). Signs may be illuminated by an external light source. External light source shall be positioned to illuminate the sign only.

On-premises attached signs are permitted subject to the following restrictions:

One (1) attached sign per tenant with an exterior public entrance is permitted provided the sign shall consist of the name of the tenant only.

Maximum attached sign message area (as a percentage of the area of each building elevation).

Fifteen (15) percent channel letters raised or incised.

Fifteen (15) percent painted or flat sign.

One (1) indoor electric sign per tenant is permitted provided the electric sign is located within a building and visible through a window.

(6)

Uses.

Permitted Uses.

See Table 358-1: Arts and Entertainment Special Zoning Districts Permitted Uses.

(f)

"AE-3" Arts and Entertainment District.

STATEMENT OF PURPOSE

The AE-3 district accommodates arts and entertainment venues and supporting uses in a town center pattern. This district support infill development and the redevelopment of larger parcels with frontage along existing arterials. This district is appropriate where lot and building vacancies are prevalent, but where nearby arts and entertainment venues bring people to the general area. This district is designed to bring residential, commercial and office development within a town center located immediately adjacent to an existing large entertainment venue with a regional draw. The town center should offer event goers dining and shopping opportunities in a pedestrian-oriented town center accessible via a short walk or ride on a trolley or other form of public transit from the entertainment venue main parking areas. A healthy mix of residential, commercial and office space will ensure this town center continues to function even on nights when there are no events at the large entertainment venue.

(1)

Location. The AE-3 district zoning is appropriate along existing primary arterials, secondary arterials, or enhanced secondary arterials as delineated on the Major Thoroughfare Plan. This district is appropriate for areas with high lot and building vacancy rates where infill development and redevelopment is desired. This district may be applied where the existing development pattern includes larger lots that are undeveloped or occupied by warehouses or other industrial buildings that are vacant or underutilized. Existing uses may include industrial, commercial, office or public/institutional. This district should be directly adjacent to or include within its boundaries a large entertainment venue with a regional draw. The existing street pattern should include higher capacity streets that could be supplemented with new lower capacity streets to create a grid pattern and break-up super blocks. This district is appropriate for areas where existing zoning is incompatible or does not reflect the existing or intended development pattern.

(2)

Minimum Size. An AE-3 district shall consist of at least one (1) block.

(3)

Site.

Building Setbacks.

Minimum five-foot front building setback, maximum ten-foot front building setback.

Section 35-358(f)A.1. notwithstanding, the maximum front setback may be extended to twenty (20) feet if the front yard is to function as a semi-private space (i.e. outdoor seating area, plaza, open landscaped area).

The minimum and maximum setbacks define a build-to area. At least fifty (50) percent of the lot width shall be occupied by a building located within this build-to area.

Front yard areas are to be occupied by landscaped yard, porch, terrace, stoop, shop front and awning, gallery, arcade, seating area, sidewalk, bicycle facilities, and/or space for the display of artwork. Porch, terrace, stoop, shop front awning, gallery, and arcade may extend into the minimum five-foot front building setback area.

Maximum front setback shall not apply if existing primary structure is to be substantially improved (see 35-A101 for definition of substantial improvement) even if the use of the structure is to be changed.

Lot Size.

Large sites shall be subdivided into blocks that shall not exceed five (5) acres.

Blocks shall be defined by public streets.

Lot size requirement does not apply to arts and entertainment venues, office or institutional campuses or contiguous open space.

Lot size requirement shall not apply if existing primary structure is to be substantially improved (see 35-A101 for definition of substantial improvement) even if the use of the structure is to be changed.

Streets shall be constructed in accordance with the Traditional Street Design Standards (Table 506-4: Traditional Street Design Standards).

Driveways and Sidewalks.

Driveway shall not exceed thirty (30) percent of the front yard.

New sidewalks shall adhere to the Traditional Street Design Standards (Table 506-4: Traditional Street Design Standards).

All publicly accessible structures within the property shall be linked by an improved pedestrian walkway.

Improved pedestrian walkways shall be shaded by tree canopies, awnings or other covering except where crossing driveways or loading areas.

Improved pedestrian walkways may cross loading areas or driveways but in such case shall include high visibility pavement markings.

Parking Requirements.

Parking shall not be permitted in the front yard.

Structured parking is preferred to surface parking.

Minimum off-street parking requirement may be reduced one (1) space for each on-street parking space located adjacent to the property.

Minimum off-street parking requirements shall not apply if existing primary structure is to be substantially improved (see section 35-A101 for definition of substantial improvement) even if the use of the structure is to be changed.

Minimum off-street parking may be reduced by up to fifty (50) percent if a Cooperative Parking Plan is utilized pursuant to subsection 35-526(g): Sharing Off-Street Parking Facilities - Cooperative Parking Plan.

Minimum off-street parking requirements may be reduced by one (1) space for every five (5) bicycle parking spaces provided.

Landscape Buffer. A type B buffer yard shall be required where A & E zoning abuts a single-family residential use or single-family residential zoning district. A six-foot solid-screen fence or wall may be utilized in lieu of the buffer yard.

Outside Display and Storage.

Public Open Spaces. Projects of two (2) acres or greater shall include a green, plaza or other open space that is accessible to the public and the area of such shall not be less than five (5) percent of the total acreage of the development. The five (5) percent requirement shall include only those sidewalks and walkways that adjoin or are located within the open space.

(4)

Building.

Building Height.

Buildings shall not exceed a height of ten (10) stories.

Section 35-517(d): Setbacks for Height Increases shall not apply.

Maximum building height may be increased up to fifteen (15) stories for a mixed-use building provided any height above four (4) stories is stepped back ten (10) feet from the face of the building.

Windows. At least fifty (50) percent of the total area of the first floor street frontage shall consist of non-reflective glass.

(5)

Signage.

On-premises freestanding signs are permitted subject to the following restrictions:

One (1) on-premises freestanding monument sign per platted lot is permitted.

Maximum sign height is ten (10) feet for single or dual tenant, fifteen (15) feet for multiple tenants.

Maximum freestanding sign message area is sixty-four (64) square feet for a single or dual tenant, ninety-six (96) square feet for multiple tenants.

On-premises attached signs are permitted subject to the following restrictions:

Attached signs that project beyond the face of a building shall be located a minimum of eight (8) feet above grade.

Maximum attached sign message area (as a percentage of the area of each building elevation).

Ten (10) percent cabinet sign.

Fifteen (15) percent channel letters raised or incised.

Fifteen (15) percent painted or flat sign.

(6)

Uses.

Permitted Uses.

See Table 358-1: Arts and Entertainment Special Zoning Districts Permitted Uses.

(g)

"AE-4" Arts and Entertainment District.

STATEMENT OF PURPOSE

The AE-4 district accommodates light industrial uses that are located near existing arts and entertainment venues. This district allows for light industrial uses near existing arts and entertainment venues, but provides lot and building standards to ensure compatibility with adjacent uses and sensitivity to the high visibility of the area to visitors. Structures should be designed within a campus or park setting.

(1)

Location. The AE-4 district zoning is appropriate along existing primary arterials, secondary arterials, or enhanced secondary arterials as delineated on the major thoroughfare plan. It is appropriate for areas with established industrial uses that are in close proximity to existing arts and entertainment venues.

(2)

Minimum Size. An AE-4 district shall consist of at least one (1) block.

(3)

Site.

Building Setbacks.

Minimum thirty-foot front building setback.

Minimum thirty-foot side building setback.

Minimum side building setback shall not apply if lot abuts an industrial use or industrial zoning district.

Minimum thirty-foot rear building setback.

Minimum rear building setback shall not apply if lot abuts an industrial use or industrial zoning district.

Streets. Newly constructed streets shall be constructed in accordance with the Traditional Street Design Standards (Table 506-4: Traditional Street Design Standards).

Driveways and Sidewalks.

Driveway shall not exceed thirty (30) percent of the front yard.

New sidewalks shall be constructed in accordance with the Traditional Street Design Standards (Table 506-4: Traditional Street Design Standards).

An improved pedestrian walkway from the front property line to the main customer entrance shall be provided. The improved pedestrian walkway may be constructed on concrete, crushed granite, pavers, weather resistant boards or similar materials. The improved pedestrian walkway shall be separated from parking stalls and drives with native landscaping.

All publicly accessible structures within the property shall be linked by an improved pedestrian walkway.

The improved pedestrian walkway may cross loading areas or driveways but in such case shall include high visibility pavement markings.

Improved pedestrian walkways shall be shaded by tree canopies, awnings or other coverings except where crossing loading areas or driveways.

Parking Requirements.

Parking shall not be permitted in the front yard.

Off-street parking facilities shall be provided in accordance with Table 526-3b Parking in Nonresidential Use Districts.

Landscape Buffer.

A Type E buffer yard shall be required where AE-4 zoning abuts a non-industrial use or non-industrial zoning district.

A Type D buffer yard shall be required along all property lines abutting a street public right-of-way.

(4)

Building.

Building Height.

Buildings shall not exceed a height of sixty (60) feet.

Section 35-517(d): Setbacks for Height Increases shall apply.

(5)

Signage.

On-premises freestanding signs are permitted subject to the following restrictions:

One (1) on-premises freestanding monument sign per platted lot is permitted.

Maximum sign height is ten (10) feet for single or dual tenant, fifteen (15) feet for multiple tenants.

Maximum freestanding sign message area is sixty-four (64) square feet for a single or dual tenant, ninety-six (96) square feet for multiple tenants.

On-premises attached signs are permitted subject to the following restrictions:

Attached signs that project beyond the face of a building shall be located a minimum of eight (8) feet above grade.

Maximum attached sign message area (as a percentage of the area of each building elevation).

Ten (10) percent cabinet sign.

Fifteen (15) percent channel letters raised or incised.

Fifteen (15) percent painted or flat sign.

(6)

Uses.

Permitted Uses.

See Table 358-1: Arts and Entertainment Special Zoning Districts Permitted Uses.

(Ord. No. 2008-12-04-1125, § 2, 12-4-08) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-12-13-0972, § 2, 12-13-12)

                    
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