SEC. 121.5. [DIVISION OF SPACES EXCEEDING NON-RESIDENTIAL USE SIZE LIMITS.][1]

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 173-25, approved 9/5/2025, effective 10/6/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) An existing Non-Residential Use with Non-Residential Use Size larger than principally permitted (i.e., a use size that is either conditionally permitted or not permitted) may be divided into two or more smaller Non-Residential Uses where this Section 121.5 is referenced in the use size controls applicable to the district. Conditional Use Authorization is not required for such a division or for the individual resulting Non-Residential Use Sizes, provided the division does not cause a Net Addition of Gross Floor Area.

• (b) Regardless of whether Section 121.5 is referenced in the applicable use size controls pursuant to subsection (a), this Section does not apply to:

• (1) Use size limits set forth in Special Use Districts;

• (2) Use size limits that apply per lot;

• (3) Districts established pursuant to a development agreement or redevelopment plan;

• (4) P (Public) Districts (Section 211); and

• (5) Chinatown Mixed Use Districts (Sections 810, 811, and 812).

(Added by Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025)

(Former Sec. 121.5 added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

CODIFICATION NOTE

1. The name of Section 121.5 was not marked for addition in Ord. 173-25. The name has been included here in square brackets to indicate that it is unofficial.