The following definitions apply within the AE District.
ART GALLERY
Building or space for the exhibition of art, usually visual art.
ART USE
The production of art or creative work either written, composed, created, or executed for a one-of-a-kind production exclusive of any piece or performance created or executed for industry-oriented distribution or related production. Such use may include the fine and applied arts, including painting or other like pictures, traditional and fine crafts, sculpture, writing, creating film, animation, the composition of music, choreography, and the performing arts. Such use does not include adult entertainment.
ART/CRAFT STUDIO
A facility for art use, as defined above that is separate from any residential uses.
ARTIST LIVE/WORK SPACE
The use of all or a portion of a building for both art use and the habitation of artists.
ARTISTIC WORK
An original and creative work, whether written, composed, or executed within the designated AE District, that falls within one of the following categories: a book or other writing; a play or performance of a play; musical composition or the performance of a musical composition; painting or other picture; sculpture; traditional or fine crafts; the creation of a film or the acting within a film; or the creation of a dance or the performance of a dance. Artistic work does not include adult entertainment or any piece or performance created or executed for industry-oriented or industry-related production, such as a commercial or advertising copy.
Permitted uses shall be limited to those allowed in the original zone(s) on which the AE floating zone is applied. In addition, art galleries, art craft/studio uses, artist live/work space, art use, and artistic work use shall be permitted and encouraged if not already permitted in the original zone.
The following development standards shall apply to the AE District:
A. 
Flexible development standards to reduce lot areas, lot frontage, lot widths, and yards and to increase building heights may be permitted consistent with a master development plan approved in accordance with the provisions of this section.
B. 
The master development plan should be compatible with existing uses and architecture. In general, the following compatibility standards shall apply:
(1) 
Building size, height, bulk, and scale. Buildings should be similar in height and size or be designed in such a way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area, e.g., by dividing walls into units of similar proportions to adjacent structures.
(2) 
Building orientation. Primary facades and entries face the adjacent street or internal pedestrian courts with a connecting walkway that does not require pedestrians to walk through parking lots or across driveways and that maintains the integrity of the existing streetscape.
(3) 
Privacy. Optimize the privacy of residents and minimize infringement on the privacy of adjoining land uses by considering appropriate bufferyards and the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project.
(4) 
Building materials should be similar to materials of the surrounding neighborhood or use other characteristics, such as scale, form, architectural detailing, etc., to establish compatibility.
C. 
All planned uses shall comply with the Denton Critical Area and floodplain regulations.
D. 
Where the creation of a new lot is proposed, the Town shall have the discretion to waive the requirement in Chapter 73, Land Subdivision of the Town Code, that the lot front on a public street, provided there are sufficient pedestrian accessways and access for emergency services.
E. 
Where the design standards set forth above conflict with any provision of this chapter or Chapter 73, Land Subdivision, these standards shall be controlled.
F. 
Public facilities and utilities.
(1) 
Existing and planned public facilities should be shown on development plans.
(2) 
All public streets, walkways, and alleyways shall be shown on development plans. All through streets and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, and attractive and shall accommodate use by all segments of the population.
(3) 
The street and walkway system should provide multiple, direct, and continuous intra- and inter-neighborhood connections between destinations.
(4) 
Additions to the Town's street network shall include sidewalks.
(5) 
Closed street systems are prohibited, but short cul-de-sacs (less than 120 feet long) that connect to the main grid system are allowed when consistent with the surrounding community. The Planning Commission may permit flag lots where appropriate.
(6) 
Street widths should be consistent with the surrounding community and sized to promote walkability and multimodal use (i.e., pedestrians, bikes, cars, trucks, buses, etc.).
(7) 
Roads, lighting, sidewalks, street furniture, utilities, and other public facilities should enhance pedestrian circulation.
(8) 
Parking shall generally comply with the parking standards set forth in the Town's Design Guidelines in Appendix III[1] and other provisions of this chapter. Parking requirements can be waived where adequate public parking is available in close proximity, and the new parking demand does not interfere with the established parking patterns in the neighborhood. If public parking is proposed as the means of providing any required parking, such arrangement shall be documented on the master development plan and approved by the Mayor and Council.
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
The following are the procedures for approval of an AE District floating zone, floating zone amendment, and master development plan.
A. 
Master development plan submittal to the Planning Commission. An applicant shall submit their request for a floating zone amendment and the master development plan to the Planning Commission for review and Planning Commission recommendations to the Town Council.
(1) 
Graphic master development plan requirements. The master development plan shall include the information listed in the appendix for preliminary site plans and/or subdivision plans, as appropriate. In addition, the master development plan shall include the following:
(a) 
A description of the proposed development site, i.e., a plot plan or survey plot.
(b) 
A description of existing conditions in the vicinity of the site (e.g., block face on both sides of the street with 500 feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features and shall address the following:
(i) 
Site location and topography.
(ii) 
Street connections.
(iii) 
Pedestrian pathways.
(iv) 
Lot coverage.
(v) 
Impervious surfaces.
(vi) 
Elevations of all proposed buildings.
(vii) 
Building orientation.
(viii) 
Roofs.
(ix) 
Massing and proportions.
(x) 
Entryways.
(xi) 
Windows.
(xii) 
Garage doors.
(xiii) 
Finishes and materials.
(xiv) 
Ornamentation.
(xv) 
Roof detail.
(xvi) 
Color.
(2) 
The master development plan and the requested floating zone may be accompanied by other written or graphic material that may aid the decisions of the Planning Commission and Town Council.
(3) 
The Planning Commission may establish additional and supplemental requirements for the master development plan during its consideration of the preliminary application; it determines such requirements are necessary to enable the Planning Commission and the Town Council to evaluate the particular plan and floating zone amendment request.
B. 
Planning Commission review and recommendation of floating zone amendment and master development plan.
(1) 
The Planning Commission shall review the floating zone amendment request and master development plan for compliance and consistency with the development standards set forth in § 128-68, the Town's Design Guidelines, Historic District design guidelines, and the goals and objectives of the Comprehensive Plan.
(2) 
The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the master development plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the applicable design guidelines and the intent of this chapter. The petitioner may resubmit the master development plan to the Planning Commission in consideration of the Planning Commission's comments.
(3) 
The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection C(2) and shall make a favorable or negative recommendation to the Town Council.
(4) 
The Planning Commission shall forward the master development plan, with any revisions, together with written comments and recommendations and its floating zone comments, to the Town Council for action pursuant to the floating zone and approval process for a master development plan.
C. 
Town Council approval of floating zone and master development plan.
(1) 
The Town Council shall review the master development plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(2) 
The Town Council may approve or disapprove the proposed floating zone map amendment and associated master development plan. It shall follow the procedures set forth in Article XV for the approval of a floating zone. Concurrently with the location of a floating zone, the Town Council may approve the master development plan, which, in addition to the provisions of the applicable floating zone district, shall govern the subdivision and/or development of the property. In approving the floating zone Official Zoning Map amendment, the Town Council may approve the floating zone Official Zoning Map amendment if it finds that:
(a) 
The proposed floating zone amendment is consistent with the Comprehensive Plan;
(b) 
The proposed floating zone amendment is consistent with the stated purposes and intent of the applicable floating zone district;
(c) 
The proposed floating zone amendment complies with the requirements of this chapter;
(d) 
The plan is internally and externally compatible and harmonious with existing and planned land uses in the area and
(e) 
Existing or planned public facilities are adequate to service the proposed development.
(3) 
In the event that the Town Council approves a floating zone amendment without subdivision and approval of an associated master development plan, the subject property or properties may not be subdivided until the owner complies with the master development plan review and approval provisions of this chapter, and may not be developed except in conformance with a site plan as required by and in conformance with this chapter.
D. 
Additional required procedures. In addition to the procedures set forth above, where applicable, the petitioner shall also comply with the Town's site plan approval procedures set forth in Article XVI of this chapter, as well as the Town's subdivision regulations. Any development, site plan, or subdivision approval for land in a floating zone district shall be consistent with the provisions of the applicable floating zone district and the specific master development plan applicable to the property, as approved or amended by the Town Council.
E. 
Amendment of a master development plan.
(1) 
The Planning Commission may approve any minor amendment of an approved master development plan at a regular meeting. An amendment will be considered minor if the Planning Commission determines that the amendment:
(a) 
Does not conflict with the applicable purposes and land use standards of this chapter;
(b) 
Does not prevent reasonable access of emergency vehicle access or deprive adjacent properties of adequate light and airflow; and
(c) 
Does not significantly change the general character of the land uses of the approved master development plan.
(2) 
Any amendment of a master development plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise affects amenities available to the public or the public health and safety shall not be considered a minor amendment.