Fremont Municipal Code Art. 2 Zones and Standards

(a) Purpose of Regulating Plan. The regulating plan, Figure 18.43.050, identifies the applicable zones and requirements for property and rights-of-way subject to the city center code.

(b) Implementation of Zones through Land Use and Development Standards. Each zone identified on Figure 18.43.050 contains standards to implement the corresponding part of the community vision as described in the city center community plan, including:

(1) Intended physical character: streetscapes/public realm, open space, buildings, and frontages, and

(2) Land use, development standards, and parking.

(c) Street Standards. Figure 18.43.050 identifies the street types for existing and new streets to support the zones established by this chapter. Existing and intended rights-of-way are subject to the street types in Chapter 4 of the city center community plan, and Article 3, Walkable Block Standards.

Figure 18.43.050 Regulating Plan and Zones[Figure]

(Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

The properties within the boundaries of Figure 18.43.050 are regulated by one of the following zones:

(a) Transit Neighborhood (TN). See Section 18.43.090.

(b) Urban Office (UO). See Section 18.43.100.

(c) Urban Neighborhood (UN). See Section 18.43.110. (Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) General Requirements. All property subject to the city center code shall comply with the following provisions as applicable pursuant to Section 18.43.030:

(1) The standards of this chapter and those specific standards of the applicable zone identified in Figure 18.43.050;

(2) The requirements for processing of applications in Chapter 18.235 (Design Review Permits);

(3) Section 18.183.020 (When off-street parking is required);

(4) Sections 18.183.110(c) through (k) (Development and maintenance of parking and loading areas);

(5) Section 18.183.120 (Parking spaces accessible to disabled people);

(6) Section 18.183.172 (Car share and electric vehicle spaces);

(7) Section 18.183.174 (Electric vehicle charging stations);

(8) Section 18.183.175 (Tandem parking spaces for residential uses);

(9) Section 18.183.176 (Mechanical parking systems);

(10) Section 18.183.178 (Parking garages – Above and below grade).

(b) Open Space Requirements. As required by the building placement standards of the applicable zone, open space shall be provided as follows:

(1) Required Open Space. Required open space shall be distributed throughout the site as follows:

(A) At least 50 percent of required open space is to be adjacent to a streetscape with a minimum dimension of 50 feet in width along the streetscape and shall be accessible to the general public;

(B) No more than 25 percent of required open space may be on the roof(s);

(2) Required Private Open Space. Required private open space shall be provided in the form of balconies, roof decks or ground floor patios as follows, unless otherwise specified through review and approval of a design review permit (DRP):

(A) At least 50 square feet per dwelling;

(B) If the private open space is adjacent to a sidewalk or other circulation path, the private open space shall be defined by a low wall and/or a terrace which may include a porch;

(C) Common open space may be substituted for the required private open space by a ratio of 2:1 (e.g., 100 square feet of common open space may be substituted for 50 square feet of required private open space);

(3) All open space shall be designed to enhance or complement the architectural design and ground floor frontages of adjacent buildings;

(4) All open space shall be designed to generate the urban environment envisioned in the city center community plan;

(5) All open space shall be designed to not create a security or physical hazard to pedestrians or motorists;

(6) All open space shall be designed to provide visual interest year-round;

(7) All open space shall be designed to utilize water conservation methods and drought-tolerant planting.

(c) Transportation Demand Management. New high intensity development shall include measures to promote usage of alternatives to automobile travel and reduce total vehicle trips and vehicle trips during peak hours through site design measures and participation in an established transportation demand association supporting programs for enhanced transit ridership, biking, and walking.

(d) Terminated Vista Requirements. When determined by staff to be located at a terminated vista, areas of a new building, or site or building proposed to be modified, shall incorporate a design that visually enhances this view, as determined by the city through the design review permit process in Chapter 18.235. Examples of such enhancement include additional detail on a portion of the facade, modulated building volumes, and the visual framing of an open space through the placement of facades.

(e) Right to Urban Core Operations. A variety of residential, business, cultural, civic, places of entertainment, and other uses that foster a vibrant, active urban environment are allowable within the city center zoning districts and may cause temporary inconvenience. Businesses and residential developments in the city center zoning districts are subject to the requirements of Chapter 18.188, which sets forth special noticing requirements intended to advise property owners, tenants and users of property of the inherent impacts and inconveniences associated with purchase, tenancy or use of property in the urban core.

(f) Private Storage. Each dwelling unit shall have an enclosed storage space located within the garage, patio, or deck area, unless an alternative space is approved through the design review permit approval. The storage space shall have an aggregate minimum of 100 cubic feet of storage area. If located within the patio or deck area, it shall not intrude into the minimum required open space. (Ord. 15-2015 § 2 (Exh. B), 6-2-15; Ord. 04-2016 § 8, 3-1-16; Ord. 02-2020 § 8, 1-14-20; Ord. 05-2021 § 12, 4-20-21; Ord. 07-2023 § 10, 12-5-23.)

All requirements for each zone, including development standards, land use, and parking, are specified in Sections 18.43.090 (TN zone), 18.43.100 (UO zone), 18.43.110 (UN zone), 18.43.120 (land use), and 18.43.130 (parking). (Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Intent and Purpose. The “TN” zone is applied to areas nearest the Fremont BART Station, intended to provide a variety of housing opportunities in large, multi-story buildings that may include limited neighborhood retail and services.

(b) Intended Physical Character – Buildings, Frontages. Buildings are primarily block-form with some townhouse buildings in areas of physical scale transition. Buildings are up to 12 stories by expressing a streetwall of up to four stories and tower-form volumes for stories five to 12. Buildings are primarily housing- oriented with limited nonresidential uses. Buildings are near or set back from the sidewalk to spatially define the streetscape. Massing is toward the front of buildings to spatially define the streets, provide service area in the rear, and promote compatibility with neighboring properties.

[Figure]

Mixed-use multi-story buildings at the sidewalk with limited nonresidential ground floor uses. Upper stories are massed as tower volumes to maximize views and generate a compatible streetwall for this area of the city center.

(c) Streetscape/Public Realm and Open Space. The streetscape is in support of pedestrian activity and consists of a range of frontages such as terraces, stoops, as well as limited shopfronts with wide awnings and shade trees. Wide sidewalks provide for comfortable strolling. Signage is limited.

Open spaces are urban and provide community gathering space in support of pedestrian activity and access to the Fremont BART Station and downtown.

[Figure]

Sidewalks provide room for view of merchandise in shopfronts, displays and street furniture as well as for pedestrian comfort.

(d) Land Use Activity. Land use activity is primarily housing with limited neighborhood retail and commercial uses, relying on the adjacent urban office zone and the nearby downtown for larger retail, services, restaurants and entertainment.

[Figure]

Transitions to neighboring, less intense areas outside of the city center are made through a combination of approaches that may involve townhouses and other walk-up access dwellings.

(e) Parking. Nonresidential parking is minimal and on-street. Residential parking is provided on the site of its building or remotely, as allowed.

(f) Building Placement.[Figure]

(1) One building shall be located within each building site per Diagram 1. One parcel may have several building sites per the standards below.

(2) Building facades along streets shall be located within the build-to layer per Diagram 1.

(3) Building facades shall extend along the frontages of the building site per subsection (h) of this section of these requirements.

(4) Projects with at least 20,000 square feet of building site area shall provide at least 15 percent on-site public and semipublic open space per Section 18.43.070(b). Projects shall provide private open space per Section 18.43.070(b)(2).

Table 18.43.090F – TN Building Placement Standards

1 Fire code – Building protection per local fire/safety code.

2 Where an alley provides vehicular access, minimum setback is five feet.

(g) Building Height and Massing.[Figure]

(1) Buildings shall comply with the standards table below, measured in stories and feet.

(2) For every 100 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story. Stories five through 12 shall be expressed as towers at least 150 feet apart, as shown in Diagram 2. The maximum floor area for each story within a tower shall be approximately 10,000 square feet. These towers need not be rectangular, but may be designed to be of a variety of shapes or forms. Towers within 80 feet of a building edge shall be designed as distinct vertical forms from grade to the highest story.

Table 18.43.090G – TN Building Height and Massing Standards

1 See Chapter 18.250 for the process and requirements to request increases in allowed building height. Architectural elements such as roofs, parapets, and finials are allowed up to 175 feet.

(h) Frontages and Encroachments.[Figure]

(1) Using only the allowed frontage types, buildings shall incorporate one or multiple frontage types with facades extending along frontage lines per Diagram 3.

(2) Buildings and their additions shall be designed to coordinate the ground floor level with the requirements for frontage in this subsection.

(3) Buildings may incorporate multiple frontage types, as allowed by Sections 18.43.230 to 18.43.270, subject to design review.

(4) Building elements may encroach into setbacks as allowed by the FMC.

(5) Landscaping shall be provided along frontages per the applicable frontage type requirements in Sections 18.43.230 to 18.43.270.

TABLE 18.43.090H – TN Front and Encroachment Standards

Percent of Ground Floor Facade Required in Build-to-Layer

(i) Parking Placement and Access.

[Figure]

(1) Parking shall be located as shown in Diagram 4. To the extent practical, utilities shall be underground and/or in alleys.

(2) Parking and service areas shall only be accessed from a primary street if an alley or side street are not present.

(3) Parking entries shall not exceed 20 feet in width and shall be designed as integral, decorative components of the building facade.

Table 18.43.090I – TN Parking Placement and Access Standards

(Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Intent and Purpose. The urban office (“UO”) zone is generally applied to areas northeast of Paseo Padre Parkway and southwest of the Fremont BART Station to provide a core of health care-oriented employment, services and commercial office/retail uses in support of the hospitals and other medical activities, and to generate the urban fabric that will connect the transit station area to downtown.

(b) Intended Physical Character – Buildings, Frontages. Buildings are block-form and up to 10 stories by expressing a streetwall of up to five stories and tower-form volumes for stories six to 10. Buildings are mixed and single use with the widest variety and most intense commercial uses/services in the city center outside of downtown. Buildings are near or at the sidewalk to spatially define the streetscape. Massing is toward the front of buildings to spatially define the wide streets, provide service areas in the rear, and promote compatibility with neighboring properties.

[Figure]

Mixed-use multi-story buildings at or near the sidewalk with service, office and retail on ground floors. Upper stories are massed as tower volumes to maximize views while generating an intense city center streetwall.

(c) Streetscape/Public Realm and Open Space. The streetscape is in support of high pedestrian activity and consists of a range of frontages such as shopfronts with wide awnings and shade trees, forecourts, and parking courts on side streets.

Wide sidewalks accommodate outdoor dining while providing for comfortable strolling and easy view of retail merchandise. Signage supports the urban environment and variety of business activity. Open spaces are urban and provide community gathering space in support of high pedestrian activity and civic events.

[Figure]

Retail and restaurants of intense buildings connect the BART Transit Station and the downtown.

(d) Land Use Activity. Land use activity consists of a vibrant range from hospitals, medical office, office, retail, restaurants, grocery, bakery/deli, personal services, housing and lodging.

[Figure]

Buildings vary in size with some as large as a block containing medical offices and/or housing above.

(e) Parking. Parking is grouped and shared, including on-street parking, as practical to avoid occupying unnecessary amounts of land with parking. Parking is located on site or remotely, as allowed.

(f) Building Placement.[Figure]

(1) One building shall be located within each building site per Diagram 1. One parcel may have several building sites per the standards below.

(2) Building facades along streets shall be located within the build-to-layer per Diagram 1.

(3) Building facades shall extend along the frontages of the building site per subsection (h) of this section of these requirements.

(4) Projects with at least 20,000 square feet of building site area shall provide at least 15 percent on-site public and semipublic open space per Section 18.43.070(b). Residential projects shall provide private open space per Section 18.43.070(b)(2).

Table 18.43.100F – UO Building Placement Standards

1 Fire code – Building protection per local fire/safety code.

2 Where an alley provides vehicular access, minimum setback is five feet.

(g) Building Height and Massing.[Figure]

(1) Buildings shall comply with the standards table below, measured in stories and feet.

(2) For every 100 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story. Stories six through 10 shall be expressed as towers at least 150 feet apart. The maximum floor area for each story within a tower shall be approximately 10,000 square feet. These towers need not be rectangular, but may be designed to be of a variety of shapes or forms. Towers within 80 feet of a building edge shall be designed as distinct vertical forms from grade to the highest story.

Table 18.43.100G – UO Building Height and Massing Standards

1 See Chapter 18.250 for the process and requirements to request increases in allowed building height. Architectural elements such as roofs, parapets, and finials are allowed up to 145 feet.

(h) Frontages and Encroachments.

[Figure]

(1) Using only the allowed frontage types, buildings shall incorporate one or multiple frontage types with facades extending along frontage lines per Diagram 3.

(2) Buildings and their additions shall be designed to coordinate the ground floor level with the requirements for frontage in this subsection.

(3) Buildings may incorporate multiple frontage types, as allowed by Sections 18.43.230 to 18.43.270, subject to design review.

(4) Building elements may encroach into setbacks as allowed by the FMC.

(5) Landscaping shall be provided along frontages per the applicable frontage type requirements in Article 4.

Table 18.43.100H – UO Frontage and Encroachment Standards

PERCENT OF GROUND FLOOR FACADE REQUIRED IN BUILD-TO-LAYER

(i) Parking Placement and Access.

[Figure]

(1) Parking shall be located as shown in Diagram 4. To the extent practical, utilities shall be underground and/or in alleys.

(2) Parking and service areas shall only be accessed from a primary street if an alley or side street are not present.

(3) Parking entries shall not exceed 26 feet in width and shall be designed as integral, decorative components of the building facade.

Table 18.43.100 – UO Parking Placement and Access Standards

(Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Intent and Purpose. The “UN” zone is applied to areas generally west and south of the downtown to support the downtown and employment core areas with a wide variety of housing opportunities, neighborhood services, office, neighborhood retail, and regional retail at The Hub shopping center.

(b) Intended Physical Character – Buildings, Frontages. Buildings are a combination of primarily block-form with some house-form buildings along transitions to existing neighborhoods. Buildings are up to six stories, mixed and single use, with a variety of commercial uses and services. Buildings are near or at the sidewalk to spatially define the streetscape. Massing is toward the front of buildings to spatially define the wide streets, provide service area in the rear, and promote compatibility with neighboring properties.

[Figure]

Mixed- or single-use, two- to six-story buildings at or near the sidewalk with residential frontages to share the streetscape and for comfort of ground floor dwelling.

(c) Streetscape/Public Realm and Open Space. The streetscape is in support of pedestrian activity and consists of a range of frontages such as shopfronts with wide awnings near some corners and forecourts, terraces, stoops, and parking courts. Wide sidewalks provide for comfortable strolling and easy view of retail merchandise where shopfronts are allowed. Signage is in support of the wide variety of business activity in these areas. Open spaces are urban and provide community gathering space in support of high pedestrian activity and civic events.

[Figure]

Housing can occupy upper floors with ground floors also with dwellings, services or retail when within 100 feet of a street corner.

(d) Land Use Activity. Land use activity consists of a range of housing choices with limited supporting retail, restaurant, and service activity. In the shopping center known as “The Hub,” nonresidential activity is vibrant and ranges from general retail, restaurants, grocery, bakery/deli, to office and personal services.

[Figure]

Transitional housing forms such as single- or mixed-use townhouses and/or lofts provide this zone with the widest variety of choices of the three city center zones.

(e) Parking. Nonresidential parking is minimal and grouped to be shared as practical, including on-street parking.

Residential parking is provided on the site of its building or remotely, as allowed.

(f) Building Placement.[Figure]

(1) One building shall be located within each building site per Diagram 1. One parcel may have several building sites per the standards below.

(2) Building facades along streets shall be located within the build-to-layer per Diagram 1.

(3) Building facades shall extend along the frontages of the building site per subsection (h) of this section of these requirements.

(4) Projects with at least 20,000 square feet of building site area shall provide at least 15 percent on-site public and semipublic open space per Section 18.43.070(b). Residential projects shall provide private open space per Section 18.43.070(b)(2).

Table 18.43.110F – UN Building Placement Standards

1 Fire code – Building protection per local fire/safety code.

2 Where an alley provides vehicular access, minimum setback is five feet.

(g) Building Height and Massing.[Figure]

(1) Buildings shall comply with the standards table below, measured in stories and feet.

(2) For every 100 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

Table 18.43.110G – UN Building Height and Massing Standards

1 See Chapter 18.250 for the process and requirements to request increases in allowed building height. Architectural elements such as roofs, parapets and finials are allowed up to 110 feet.

(h) Frontages and Encroachments.[Figure]

(1) Using only the allowed frontage types, buildings shall incorporate one or multiple frontage types with facades extending along frontage lines per Diagram 3.

(2) Buildings and their additions shall be designed to coordinate the ground floor level with the requirements for frontage in this subsection.

(3) Buildings may incorporate multiple frontage types, as allowed by Sections 18.43.230 to 18.43.270, subject to design review.

(4) Building elements may encroach into setbacks as allowed by the FMC.

(5) Landscaping shall be provided along frontages per the applicable frontage type requirements in Sections 18.43.230 to 18.43.270.

Table 18.43.110H – UN Frontage and Encroachment Standards

Percent of ground floor facade required in build-to-layer

(i) Parking Placement and Access.[Figure]

(1) Parking shall be located as shown in Diagram 4. To the extent practical, utilities shall be underground and/or in alleys.

(2) Parking and service areas shall only be accessed from a primary street if an alley or side street are not present.

(3) Parking entries shall not exceed 20 feet in width and shall be designed as integral, decorative components of the building facade.

Table 18.43.110I – UN Parking and Placement Access Standards

(Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Use Table. Table 18.43.120 sets forth those uses which are permitted, conditionally permitted, or prohibited in city center zoning districts. The following terms are used in Table 18.43.120:

(1) Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.

(2) Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.

(3) Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.

(4) Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.

(5) The symbol “--” indicates a use is prohibited within the zoning district.

(b) Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.

Table 18.43.120 Permitted, Conditionally Permitted, and Prohibited Uses in City Center Zones

1 This term is defined in Chapter 18.25.

2 When this column includes a number, the use is elaborated on in the North American Industrial Classification System (NAICS) Manual. When a NAICS number is shown within parentheses, the use is excluded and prohibited.

3 A storefront review certificate or discretionary design review permit is required under Section 18.190.525.

4 A home occupation permit is required in accordance with Section 18.190.240.

(Ord. 15-2015 § 2 (Exh. B), 6-2-15; Ord. 24-2015 § 2, 12-15-15; Ord. 04-2016 § 9 (Att. 1), 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 10, 9-13-16; Ord. 27-2016 § 8, 12-6-16; Ord. 09-2017 § 3, 6-6-17; Ord. 23-2018 § 5, 10-2-18; Ord. 02-2020 § 9, 1-14-20; Ord. 05-2021 § 13, 4-20-21; Ord. 07-2023 § 11, 12-5-23; Ord. 02-2026 § 7, 5-5-26.)

(a) Minimum Parking Required. Required parking may be located off site up to 600 feet from the site for residential parking and up to 1,250 feet from the site for nonresidential parking when:

(1) The remote parking complies with the site requirements of the zone; and

(2) The applicant provides the city with a valid off-site parking agreement pursuant to Section 18.183.070 stating that the owner of the remote site authorizes such activity. Shared parking is permitted, but not required, as part of the off-site parking agreement. When shared parking is not part of the off-site parking agreement, exclusive use parking shall be required at a minimum and up to the maximum as provided in Tables 18.43.130(a) and 18.43.130(b).

Table 18.43.130(a) City Center – Office and Urban Neighborhoods

Table 18.43.130(b) City Center – Transit Neighborhood

Note: “tgsf” = thousand gross square feet

(b) Minimum Parking Not Required.

(1) No minimum parking is required on Bay Area Rapid Transit (BART) district-owned parcels that are subject to the TOD zoning standards in Cal. Pub. Util. Code §29010.6.

(2) No minimum parking is required for projects that meet the parking exemptions provided in Chapter 18.183. (Ord. 07-2023 § 12, 12-5-23.)

(a) Purpose and Goals. The purpose of this section is to implement the city center community plan by establishing a city center district art program. It is the intent of the city to create a program designed to promote the arts in the city center district. It is intended that artwork will be installed throughout the district and be a source of pride to the residents of the city and the community life. The program will provide art education and experiences that will spur creativity and economic development by creating a destination that attracts visitors and encourages walking through the streets of the city center district. The program will develop community pride and identity and improve the general welfare and quality of life in the city. The program will promote partnership between business, local government, and private citizens and thereby encourage awareness and enjoyment of art experiences. An increase in the quantity and quality of distinguished works of art will improve and expand the use and value of buildings and facilities and enhance the urban development of the city center district.

(b) City Center District Art Fee Requirement.

(1) Construction Less Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building that is less than 100,000 square feet of gross floor area anywhere in the city center district, or the addition of less than 100,000 square feet of gross floor area to an existing building anywhere in the city center district, a city center district art fee shall be paid into the city’s city center district public art fund.

(2) Construction Greater Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building of 100,000 square feet of gross floor area or more in the city center district, or the addition of 100,000 square feet or more of gross floor area to any existing building in the city center district, a city center district art fee shall be paid into the city’s city center district public art fund; provided, however, that the developer, in lieu of paying up to 50 percent of the fee, may choose to pay at least half of the city center district art fee into the city center district public art fund, and expend the remaining amount for on-site artwork.

(3) The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator (applied at the beginning of each calendar year) based on the Consumer Price Index (CPI) in the San Francisco-Oakland-San Jose area for the preceding year.

(c) Timing of Payment of City Center District Art Fee and Installation of On-Site Artwork. The city center district art fee shall be paid prior to the issuance of the first building permit for the project. The fee may be subject to deferral consistent with city fee deferral policies for development impact fees. For projects where the developer has opted to provide in-lieu on-site artwork, the art shall be installed on the property prior to the issuance of the first certificate of occupancy, unless the community development director grants an extension taking into consideration the size of the artwork, difficulty of manufacturing and/or installation, and related costs while ensuring that the artwork is installed as soon as reasonably feasible.

(d) City Center District Public Art Fund. All fees collected under this section shall be deposited into a segregated fund to be designated the “city center district public art fund.” The fund shall be used for city-owned art or city-sponsored exhibitions located within the boundaries of the city center district. The fund shall be used exclusively to prepare sites for works of art, acquire and install works of art, maintain works of art, support the exhibition of publicly accessible art or fund other administrative costs, including city staff time, associated with the city center district art program. The city will oversee the design and installation of the art in the city center district pursuant to the city’s art in public places policy.

(e) Approval of On-Site Artwork. For projects with construction greater than 100,000 gross square feet of floor area, if the developer has opted to place in-lieu artwork on site, the developer must comply with the process and guidelines promulgated by the community development director for approval, installation and maintenance of on-site artwork. The owner of the real property on which artwork approved under this program is located shall maintain the artwork installed pursuant to this section. The community development director is authorized to approve on-site artwork but may refer proposed artwork to the art review board and/or city council if he or she believes further input and direction is required.

(f) Installation and Maintenance of On-Site Artwork – Enforcement.

(1) Following approval and installation of the artwork, the developer shall record a document with the county recorder setting forth a description of the artwork and stating the obligation of the property owner to repair and maintain the artwork.

(2) At any time the community development director has determined that the artwork has not been installed or maintained in substantial conformance to the manner in which it was originally approved, he or she shall require the current property owner to either:

(A) Install, repair or maintain the artwork; or

(B) Pay the city center district art fee required by subsection (b)(2) of this section, based upon the current fee schedule and the square footage of the building, structure or improvement for which the artwork was required. (Ord. 04-2016 § 10, 3-1-16.)