§ 94-131. Incentive programs—General.

(a)

Intent. The intent of the downtown incentive programs is to promote a variety of public benefits such as historic preservation, the creation of urban open spaces, the construction of office uses, and the development of workforce housing, and hotels. The incentive programs will provide additional development capacity for the property owners in compensation for the public benefit provided. In general terms, the incentive programs allow additional height and FAR for proposed development projects which provide the specified public benefit. Incentives are intended to be distributed through the city's TDR program so that there is no net increase in commercial development in compliance with the city's comprehensive plan and the downtown transportation concurrency exemption area (TCEA).

(b)

General standards.

(1)

Proposed developments using an incentive program shall be subject to all requirements and conditions of this chapter.

(2)

Proposed developments using an incentive program shall comply with the particular TDR receiving site designation indicated in Figure IV-35 and its corresponding incentive building requirement table, as set forth in Tables IV-41 through IV-58.

(3)

Multiple incentives may be used together in conjunction with development, unless otherwise prohibited by this chapter.

(4)

Total increases in height or FAR permitted by one or a combination of incentive programs shall not exceed the maximum height or FAR as established by Figure IV-35 and the corresponding incentive building requirement table.

(5)

Designated historic properties, conservation districts, and properties eligible for historic designation, shall not be eligible for incentives which increase height or FAR, unless specifically authorized by section 94-133(h). Lots which include eligible historic structures may be eligible for incentives, provided the subject historic property is preserved according to the secretary of interior standards, and integrated as part of the new development in a manner which maintains the integrity of the historic structure.

(6)

Lots on which buildings eligible for designation as historic structures exist as of June 29, 2009, shall not be eligible for any incentive program if such eligible historic structures are demolished. The list indicating all the buildings eligible for historic designation within the downtown master plan area, created and maintained by the historic preservation planner, and updated from time to time, shall identify those lots which will not qualify for incentives if the existing building is demolished.

(7)

For properties indicated as containing a future ROW in Figure 4 of the Zoning Atlas, there is no obligation to dedicate such ROW unless the property owner elects to use the applicable incentive program. If an incentive program is used, the actual dedication of the future right of way shall occur prior to the issuance of the building permit for any portion of the development.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4315-11, § 1, 1-24-2011; Ord. No. 4547-15, § 1, 4-13-2015; Ord. No. 4563-15, § 1, 7-6-2015; Ord. No. 4691-17, § 4, 2-13-2017; Ord. No. 4674-16, § 5(Exh. E), 2-27-2017)