§ 427.

PAYMENT IN CASES OF VARIANCE OR EXCEPTION FOR REQUIRED OPEN SPACE

a.

Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, should a Variance from usable open space requirements for residential uses be granted by the Zoning Administrator, or an exception be granted for those projects subject to the Section 329 process, a fee of $327 shall be required for each square foot of usable open space not provided pursuant to that Variance. This fee shall be adjusted in accordance with Section 423.3 of this Article. This fee shall be paid into the Eastern Neighborhoods Public Benefits Fund, as described in Section 423 of this Article. Said fee shall be used for the purpose of acquiring, designing, and improving park land, park facilities, and other open space resources, which is expected to be used solely or in substantial part by persons who live, work, shop or otherwise do business in the Eastern Neighborhoods Mixed Use Districts.

b.

C-3-O(SD) District. In the C-3-O(SD) District, if a Variance is granted by the Zoning Administrator to reduce the amount of open space required for any use pursuant to Section 135 or 138 or if a project sponsor chooses to pay the in-lieu fee described in Section 138(j)(4), a fee of $1,410 shall be required for each square foot of usable open space not provided. This fee shall be adjusted in accordance with Section 409. This fee shall be paid into the Transit Center District Open Space Fund, as described in Sections 424.6 et seq. of this Article. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which is expected to be used solely or in substantial part by persons who live, work, shop or otherwise do business in the Transit Center District.

AMENDMENT HISTORY

History

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

Section header amended; formerly undesignated paragraph amended and designated as division (a); division (b) added; Ord. 182-12, Eff. 9/7/2012.

Download

  • Plain Text
  • JSON

Comments