23.42.116

A. Portions of structures that do not conform to the standards for minimum street facade height and/or facade setback limits for the downtown zone in which they are located may be expanded if the expansion reduces the nonconformity as regards one or both of these standards and, in the opinion of the Director, is consistent with the intent of the Code. If the Director determines that greater conformity is not structurally feasible, the expansion may increase the nonconformity in respect to these standards if all other standards are met. B. Portions of structures that do not conform to the standards for required street-level uses and/or the street facade requirements for transparency, blank facades, or screening of parking for the downtown zone in which they are located may be expanded if: 1. The expansion does not cause the structure to exceed the base FAR for the zone and the nonconformity is not increased; or 2. When the nonconformity of the structure as regards these development standards is reduced, expansion of the structure up to the maximum FAR for the zone may be permitted by the Director through the use of the bonus system or transfer of development rights. The appropriate level of expansion and the required reduction or elimination of nonconformity shall be determined by the Director according to the following criteria: a. The extent of the proposed expansion, b. The impact of the proposed expansion on the pedestrian environment, c. The amount of the existing nonconformity, and d. The structural feasibility of remodeling the structure to meet these development standards. (Ord. 120293 , § 1, 2001.)