An Ordinance has been received from Paula M. Crane, Interim City Clerk, relative the Mushla Marasao et al Zoning petition in regard to Article 5.28.21, 8.22.1, 8.22.2, Tbl 5.1

Petition (the “Petition”) prepared by Community Development Department and Law

Department staff. The changes are explained in text boxes which are not intended to be incorporated into the Zoning Ordinance. The markup version shows additions and deletions against the text of the current Zoning Ordinance.

TO AMEND THE ZONING ORDINANCE AS FOLLOWS

Proposed Amendment No. 1 This set of amendments is unchanged from the original petition.

In Section 5.20 - STANDARDS FOR DIMENSIONAL REGULATIONS, amend Subsection

5.28.21 to read as follows: 5.28.21 GFA and FAR. Permitted residential and religious uses shall not be limited by GFA or FAR. Other permitted uses shall be subject to the FAR or GFA limitations applicable to non-residential uses in the zoning district.

Proposed Amendment No. 2 This set of amendments is unchanged from the original petition. In Section 8.20 – NONCONFORMANCE, amend Subsection 8.22.1, Paragraph f. to read as f.

Conforming additions, under Article 5.000, to a structure not conforming to the requirements of Article 5.000 provided that no nonconforming element or aspect of the nonconforming structure is extended or increased and further provided that the nonconforming structure is not thereby increased in area or volume by more than ten (10) percent since the structure first became nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a.

In Section 8.20 – NONCONFORMANCE, amend Subsection 8.22.2, Paragraph a. to read as a.

In an Office, Business, or Industrial District the Board of Zoning Appeal may issue a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, or the enlargement (but not the alteration) of a nonconforming use, provided any alteration or enlargement of such nonconforming use or structure is not further in violation of the dimensional requirements in Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure or use is located and provided, such nonconforming structure or use not be increased in area or volume by more than

Page 2 of 5 twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a. irrespective of any alteration or enlargement of such uses. In Section 8.20 – NONCONFORMANCE, amend Subsection 8.22.2, Paragraph c. to read as c. In a Residence District the Board of Zoning Appeal may grant a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, but not the alteration or enlargement of a nonconforming use, provided any enlargement or alteration of such nonconforming structure is not further in violation of the dimensional requirements of Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure is located and provided such nonconforming structure will not be increased in area or volume by more than twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a. irrespective of any alteration or enlargement of such uses.

Proposed Amendment No. 3 The following amendments to Sections 5.23.3 and 5.24.4 are not part of the original Petition. However, if the Council adopts the proposed amendments to the Table of District Dimensional Requirements in Section 5.30, staff recommends also amending the following sections to maintain consistency. Amend Section 5.23.3 to read as follows: 5.23.3 Application of Height Limits to Residential and Non-residential Uses.

This Section explains how the height limits in the Table of District Dimensional Regulations in Section 5.30 apply. Buildings or portions of buildings used as Residences, listed in Section 4.31 a-j of this Zoning Ordinance, or Religious Purposes uses, listed in Section 4.33 a, are generally limited by the maximum number of Stories Above Grade and by the maximum building height above grade in feet, which is intended to enable the allowed number of Stories Above Grade while limiting excessive story height.

Where there is no explicit limit on Stories Above Grade, including but not limited to special districts, overlay districts, or PUD districts, any number of Stories Above Grade shall be permitted within the applicable height limit. Buildings or portions of buildings used for any uses other than those listed in Section 4.31 a-j or Section 4.33 a of this Zoning Ordinance shall be considered non-residential and subject to the non-residential height limitations of the zoning district.

(c) In a mixed-use building containing both residential (as described in Paragraph (a) above) and non-residential (as described in Paragraph (b) above) uses, the limit on