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A. New Floor Area.

1. When Permit is Required. A project that creates new floor area for any use requires permits as shown in Table 23.204-2: New Floor Area Permit Requirements. Creation of new floor area includes:

(a) Construction of new main buildings or accessory buildings;

(b) Additions to existing buildings; or

(c) The installation of new floor or mezzanine levels within or onto existing buildings.

Table 23.204-2. NEW FLOOR AREA PERMIT REQUIREMENTS

DISTRICT/NEW GROSS FLOOR AREA

PERMIT REQUIRED FOR NEW FLOOR AREA

C-C, C-U

Less than 5,000 sq. ft.

ZC

5,000 sq. ft. or more

UP(PH)

C-N, C-E, C-SO (any amount of new floor area)

UP(PH)

C-NS

Less than 2,000 sq. ft.

ZC

2,000 sq. ft. or more

UP(PH)

C-SA

Less than 3,000 sq. ft.

ZC

3,000 sq. ft. or more

UP(PH)

C-T

--

Less than 1,500 sq. ft.

AUP

1,500 sq. ft. or more

UP(PH)

C-DMU

Less than 10,000 sq. ft.

ZC

10,000 sq. ft. or more

UP(PH)

C-W

5,000 sq. ft. or more except when an AUP is required below

UP(PH)

7,500 sq. ft. or less in a building containing only retail uses

AUP

20,000 sq. ft. or less in a building with residential and retail space that is more than 15% and less than 33% of the floor area being created

AUP

C-AC

New Main Building or New Dwelling Unit

UP(PH)

Addition of 5,000 sq ft or more

UP(PH)

2. C-DMU Findings. To approve a Use Permit for new floor area in the C-DMU district, the ZAB must find that:

(a) The addition or new building is compatible with the visual character and form of the district; and

(b) No designated landmark structure, structure of merit, or historic district in the vicinity would be adversely affected by the appearance or design of the proposed addition.

3. C-W Findings. To approve an AUP or Use Permit for new floor area in the C-W district, the review authority must find that the new use or structure provides an intensity of development which does not underutilize the property.

4. C-AC Findings. To approve a Use Permit for new floor area in the C-AC district, the review authority must find that the proposed use or structure will:

(a) Be compatible with the purposes of the District;

(b) Be compatible with the design and character within the District and the adjacent residential neighborhoods;

(c) Encourage utilization of public transit and off-street parking facilities in the area of the proposed building; and

(d) If a new residential development, that the proposed use or structure facilitates construction of affordable housing as defined by the US Department of Housing and Urban Development (HUD) Guidelines.

B. Tenant Space Reconfiguration.

1. Reconfiguration of tenant space in an existing building requires a permit as listed in Table 23.204-3: Tenant Space Reconfiguration Permit Requirements.

2. As used in this section, tenant reconfiguration means any physical change to an existing building’s walls separating leased spaces so as to change:

(a) The number of lease spaces for commercial businesses; or

(b) The square footage of leasable floor area of an existing commercial lease space.

Table 23.204-3. TENANT SPACE RECONFIGURATION PERMIT REQUIREMENTS

District

Permit Required for Tenant Space Reconfiguration Project

C-C, C-U

Less than 5,000 sq. ft.

ZC

5,000 sq. ft. or greater

AUP

C-N, C-E, C-NS, C-SO (All reconfiguration projects)

AUP

C-SA, C-DMU, C-AC

No additional permit required

C-T

Increasing the number of individual tenant spaces

ZC

5,000 sq. ft. or greater

AUP

Creating a tenant space less than 1,000 sq. ft.

AUP

C-W

Less than 5,000 sq. ft

ZC

In existing buildings in a designated node affecting 5,000 sq. ft. or greater

AUP

C. Major Residential Additions.

1. Where Allowed/Required Permits.

(a) Major residential additions in the C-W district require an AUP.

(b) No additional permits are required for major residential additions in all other C districts.

2. Findings. To deny an AUP for a major residential addition in the C-W district, the review authority must find that although the proposed major residential addition satisfies all other standards of the Zoning Ordinance, the addition would unreasonably obstruct sunlight, air, or views.

D. Changes to Nonconforming Structures. See Section 23.324.050--Nonconforming Structures and Buildings for permits required to modify structures that do not conform to setback, height, and other development standards.

E. Accessory Structures. For accessory structure permit requirements, see the following:

1. Section 23.304.060--Accessory Buildings and Enclosed Accessory Structures.

2. Section 23.304.070--Unenclosed Accessory Structures in Residential Districts.

3. Section 23.304.080--Fences. (Ord. 7830-NS § 3, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)