23.58A.022

The method to achieve extra nonresidential floor area shall be as provided in the provisions of the underlying zone. If the underlying zone does not provide methods to achieve extra nonresidential floor area, the methods shall be: A. If the maximum height limit for nonresidential use is 85 feet or less, all extra nonresidential floor area shall be housing and child care bonus nonresidential floor area pursuant to Section 23.58A.024 , or housing TDR pursuant to Section 23.58A.042 , or both. B. If the maximum height limit for nonresidential use is greater than 85 feet, the applicant shall use housing and child care bonus nonresidential floor area pursuant to Section 23.58A.024 , or housing TDR pursuant to Section 23.58A.042 , or both, to achieve 75 percent of total extra nonresidential floor area on the lot, and, to the extent permitted under the provisions of the zone and this Chapter 23.58A , shall use bonus nonresidential floor area for amenities pursuant to Section 23.58A.040 , or TDR pursuant to Section 23.58A.042 , or both, for the balance of the extra nonresidential floor area. (Ord. 124172, § 56, 2013; Ord. 123589, § 74, 2011.)