DEVELOPMENT INCENTIVES

603 DEVELOPMENT INCENTIVES

• A. Purpose The purpose of these incentives is to encourage development that will be compatible with the character of Downtown and carry out the goals of the comprehensive plan. These regulations are designed to foster and promote in the Downtown preservation of historic properties, first floor retail activity, pedestrian access and convenience, publicly-accessible open space, parking structures, the arts, and housing.

• B. Basic Requirements All development in the D-1 District shall conform to the use, density, bulk, parking, design review, and other applicable requirements of this Ordinance.

• C. Incentives – General Development incentives through height bonuses are permitted in the D-1 District to encourage development that is compatible with the goals of the comprehensive plan.

• 1. All requests for development incentives shall be reviewed by the Downtown Design Review Committee at a public hearing in accordance with Section 1907 of this Ordinance.

• 2. The Downtown Design Review Committee may consider the physical changes required to the building or site if the incentive is granted, including interior alterations that affect the exterior appearance and character of the property, and may impose any conditions necessary to mitigate the visual impact of such changes, in accordance with the design regulations of this Section.

• • D. Bonus Eligibility A project is eligible for a bonus of increased building height if space is provided within the project for the uses, improvements, or facilities set forth below. Bonuses may in no case result in more than 30% additional building height.

• 1. Active Ground Floor Uses Active ground-floor uses shall include the publicly-accessible areas of restaurants, retail, cultural or entertainment facilities, or other uses determined by the Downtown Design Review Committee to promote pedestrian activity and commerce in Downtown. A minimum of 25% of the area of the ground floor of a building shall be dedicated to active uses to qualify for a bonus.

• 2. Publicly Accessible Open Space Publicly-accessible open space shall constitute areas of a lot that are made accessible to the public every day, year-round, during daylight hours, and that are maintained by the property owner. It is preferable that such areas contribute to a planned network of connected pedestrian and bikeways and parks.

• 3. Parking Structures Parking structures shall be integrated into or on the same lot as a building for which a bonus is sought.

• • E. Schedule of Development Bonuses If a proposed use, improvement or facility complies with the standards set forth in this section, it shall be eligible for a height bonus. The height bonus is the percentage of increase in building height over the permitted zoning height. The schedule of bonuses is as follows:

• 1. Active Ground Floor Uses The bonus is based on the percentage of ground-floor space dedicated to active ground-floor use.

• 10 to 15% 10% 16 to 25% 20% >25% 30% 3. Parking Structure For each square foot of parking in a parking structure, an equivalent amount of floor area may be added to the building above the maximum height, not to exceed two additional stories.

• • F. Bonuses, Continuing Character of Obligations Where a bonus is granted, the applicant shall covenant to ensure the continued use of the use, facility, or improvement for the purposes for which the bonus was granted. The covenant shall be for a term of 20 years, unless the Downtown Design Review Committee specifically finds that another period of time would be in accordance with the purposes of this section. Such covenant shall be recorded on the land evidence records and shall run with the land.

• • G. Changes Any changes to the plan approved in accordance with the provisions of this section shall be considered a new application.