429.2

SEC. 429.2. APPLICATION. This section (Section 429.1 et seq.) shall apply to: (a) all projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District, except for 100% Affordable Housing Projects;;1 and (b) all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete Development Application on or after January 1, 2013 on the following parcels: (1) all parcels in RH-DTR, TB-DTR, SB-DTR, UMU, WMUG, WMUO and SALI Districts; (2) properties that are zoned MUG, CMUO, or MUO or MUR and that are north of Division/Duboce/13th Streets; and (3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall). For the purposes of this Section 429.2, a “Development Application” shall mean any application for a building permit, site permit, environmental review, Preliminary Project Assessment (PPA), Conditional Use, or Variance. (Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 250-24, File No. 231268, App. 11/7/2024, Eff. 12/8/2024) AMENDMENT HISTORY Division (b)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Division (b)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (b)(1) and (b)(2) amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory and concluding paragraphs and division (a) amended; Ord. 250-24, Eff. 12/8/2024. CODIFICATION NOTE 1. So in Ord. 250-24. SEC. 429.3. IMPOSITION OF PUBLIC ART FEE REQUIREMENT. (a) Determination of Requirements. The Department shall determine the applicability of Section 429.1 et seq. to any development project requiring a first construction document and, if Section 429.1 et seq. is applicable, the number of gross square feet subject to its requirements, and shall impose this requirement as a condition of approval for issuance of the first construction document for the development project to address the need for additional public art in the downtown districts. The project sponsor shall supply any information necessary to assist the Department in this determination. (b) Amount of Fee. Upon design approval of the development project from the Planning Department, and except as otherwise provided herein, the project sponsor shall dedicate and expend an amount equal to one percent of the construction cost of the building or addition as determined by the Director of DBI (the "Public Art Fee") for the purposes described herein and