§ 5-54. Minimum district criteria.

In order to be designated and maintain a designation as a special entertainment overlay district, an area shall:

(1)

At the time of designation, be located on property identified as "regional activity center" on the city's land use plan;

(2)

At the time of designation, be located within an economic redevelopment area;

(3)

At the time of designation, be located adjacent to an economic development project;

(4)

Consist of a minimum of two (2) acres of contiguous land;

(5)

Contain property which is under common ownership, common control or both;

(6)

Have a minimum of fifty thousand (50,000) square feet of floor area under the same common ownership or common control and be designed to contain at a minimum the following types of uses, without precluding other uses, restaurant(s) and entertainment facilities and specialty retail shops either contained within structures or open air and be used for same. The floor area calculation shall include open air areas used for the purposes set out in this section;

(7)

Contain a restaurant having at least four thousand (4,000) square feet of floor area under the common ownership or common control of the district representative;

(8)

Have a mixture of entertainment and supporting uses including but not limited to lounges, restaurants, night clubs and other entertainment facilities, retail shops and offices, provided that no more than ten (10) percent of the ground floor area and no more than twenty-five (25) percent of all floor area within the district shall be utilized for office uses. The calculation of the amount of ground floor office space shall not include office special incidental and accessory to a permitted primary use. A plan drawn to scale shall be submitted showing building locations and describing the proposed uses and associated square footage; and

(9)

At the time of designation, any portion of a proposed district shall not be located within five hundred (500) feet of any parcel of land which is either designated on the city land use plan as residential or is zoned RS-4.4, RS-8, R-2-A, R-2, R-3-A, R-3-B, R-3-C, R-3, R-4 or R-4-C, as measured by airline measurement from property line to property line using the closest property lines of the parcels of land involved.

(Ord. No. C-92-17, § 1, 4-7-92)