In Use Subdistrict B, every new building, other than parking garages subject to design
review pursuant to § 1411-43 or hotels, must have at least 50 percent of its building gross floor area devoted
to residential dwellings. In Use Subdistrict D, every new building must have at least
25 percent of its building gross floor area devoted to residential dwellings. Provided,
however, a building that has at least 75 percent of its building gross floor area
devoted to parking, museums or sports facilities and is subject to design review and
approval by the City Manager pursuant to an agreement between the city and the property
owner or is being built in accordance with a site master plan approved pursuant to § 1411-45 is exempt from this requirement. Further, the Zoning Hearing Examiner may, following
the procedures specified for the granting of variances, grant such variances from
this provision where the applicant demonstrates by clear and convincing evidence that
it is not economically feasible to include residential dwellings within the building,
that denial of this variance would deny the owner an economic return on investment
for the total project and that the grant would be consistent with standards set forth
in § 1445-15, Standards for Variances.
(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0346-2007, § 7, eff.
Oct. 13, 2007)
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