23.58A.002

A. Consistent with subsections 23.58B.020.D and 23.58C.025.D, this Chapter 23.58A provides rules for incentives in areas for which the provisions of the zone specifically refer to this Chapter 23.58A , and in zones with an incentive zoning suffix. The provisions in this Chapter 23.58A specify conditions under which extra floor area may be allowed, as exceptions to the otherwise applicable floor area or base height limit, or both, subject to the maximum limits stated in the provisions of the zone and to all other applicable requirements and approvals. Nothing in this Chapter 23.58A authorizes allowance of extra floor area, or the construction or use of any structure, contrary to any other provisions of this Title 23 or Title 25 . B. The provisions of this Subchapter I apply generally to projects using any of the incentive provisions in this Chapter 23.58A , unless otherwise expressly provided in the applicable subchapter of this Chapter 23.58A or in the provisions of the zone. C. Nothing in this Chapter 23.58A shall be construed to confer on any owner or developer any development rights or property interests. The availability and terms of any allowance of extra floor area depend on the regulations in effect on the relevant date for consideration of a permit application for the project proposing to use such extra floor area, pursuant to Section 23.76.026 , notwithstanding any prior approvals, interpretations or agreements by the Director, Director of Housing, or other official regarding the eligibility of any actual or proposed facility or feature to satisfy conditions for extra floor area. D. In zones to which this Chapter 23.58A applies, low-income housing may achieve bonus floor area according to provisions of the zone without meeting the requirements of this Chapter 23.58A . (Ord. 126855 , § 40, 2023; Ord. 125791 , § 88, 2019; Ord. 124172, § 48, 2013; Ord. 123770, § 8, 2011; Ord. 123589, § 68, 2011; Ord. 122882, § 1, 2008.)