23.75.040

A. Definitions. For purposes of this Section 23.75.040 : 1. "Limit" means one of the following: a. the maximum residential floor area that may be located in the MPC-YT zone, as determined for each tier under Section 23.75.085 ; b. the maximum residential floor area that may be located in each sector, as set forth in Section 23.75.085 ; c. the maximum nonresidential floor area, by category of use, that may be located in the MPC-YT zone, as determined under Section 23.75.090 ; d. the maximum number of highrise structures that may be located in a sector, as set forth in Section 23.75.120 ; e. in certain blocks, the number of highrise structures for which alternative development standards may be elected, as set forth in Section 23.75.120 ; f. the maximum number of parking spaces, in addition to those based on a ratio to residential units, that that may be located within the NW sector without a special exception, as set forth in Section 23.75.180 ; g. the maximum number of parking spaces, in addition to those based on a ratio to residential units and those allowed as described in subsection 23.75.040.A.1.f, that may be located within the NW sector with a special exception, as set forth in Section 23.75.180 ; and h. the maximum number of surface parking spaces in a block, as set forth in Section 23.75.180 . 2. "Allocation document" means a recorded final plat, declaration or covenant, as it may be established or amended in accordance with subsection 23.75.040.C; is signed by all owners of record of lots subject to the allocation document; provides that pursuant to this Section 23.75.040 , the lots are combined for the purposes of that limit except to the extent that the limit is allocated to specific lots as approved by the Director; provides for possible reallocation among lots by agreement of the owners of only those lots; and provides notice that the current allocation to any lot must be determined from the records of the Department. The same plat, declaration or covenant may include multiple allocation documents for different limits and may create different combined lots for different limits. 3. "Combined lot" means two or more lots that have been combined for purposes of any limit under an allocation document, and that remain so combined under subsection 23.75.040.D.3. 4. "Formula parking allowance" means the maximum number of parking spaces allowed in a sector based on ratios to developed non-parking uses under Section 23.75.180 . B. General rules. Development on any lot in the MPC-YT zone shall not exceed, in any quantity subject to a limit listed in subsection 23.74.040.A.1, that portion of the limit allocated to that lot in accordance with this Section 23.75.040 . The Director shall apply each limit by requiring as a condition of permit approval that a lot have a sufficient unused allocation of that limit according to this Section 23.75.040 for the proposed development. The same use or structure may require sufficient allocations of more than one of the limits. A permit for development on a lot may not be denied based on a limit if the lot has a sufficient, valid, unused allocation of the limit under this Section 23.75.040 . C. Allocation document. 1. The owners of all lots that are subject to a limit, whether or not contiguous, and upon which no part of the limit has yet been used, may combine the lots for purposes of that limit pursuant to an allocation document approved by the Director, and may then allocate the limit among those lots as the owners may elect, subject to approval by the Director under this subsection 23.75.040.C. 2. The Director shall approve an allocation document only if the Director determines, as a Type I decision, that the document is consistent with this Chapter 23.75 and provides for an allocation process that will specify the allocations of one or more limits consistent with this Chapter 23.75 in a manner that will maintain consistency with those limits and allow the Director to determine the validity of each allocation to be made. To facilitate administration of this Chapter 23.75 , the Director may establish, by rule, procedural requirements for allocation documents and allocations under them, and may approve or disapprove provisions in allocation documents for limits or conditions on allocations or reallocations in addition to those required. 3. Any amendment to an allocation document is effective only if signed by all owners of record of all property subject to the allocation document and only if the Director approves the allocation document as amended, as a Type I decision, based on a determination that it is consistent with the requirements for an allocation document and with allocations previously made. 4. Unless initial allocations to each lot are specified in the allocation document, in order to establish the initial allocation to the first lot to which an allocation is made, the process must require written approval of the owners of all lots initially combined. In order to establish the initial allocation to each other lot, the written approval of the owners of all remaining lots combined for purposes of that limit is required as provided in subsection 23.75.040.D.3. D. Allocations of limits. 1. Unless all lots subject to a limit have been combined pursuant to subsection 23.75.040.C for purposes of a limit, each lot has an allocation of that limit in the same proportion as the lot area bears to the area of all lots subject to the limit, rounded down to the nearest integer, which may be zero. For purposes of this subsection 23.75.040.D.1, the area of every lot subject to a limit and the total area of all lots subject to the limit is determined as of the date when the first Master Use Permit application is submitted for the use of any part of the limit on any lot, so that the allocations of the limit to all lots are then fixed, subject to any reallocations under subsection 23.75.040.D.7. 2. If lots are combined pursuant to subsection 23.75.040.C for purposes of a limit, then a. before any allocation is made to one of those lots pursuant to this Section 23.75.040 , the combined lot has an undivided allocation of that limit equal to the entire limit; and b. as allocations to specific lots are made pursuant to this Section 23.75.040 , the undivided allocation of that limit to the remaining combined lot is reduced by each amount so allocated. 3. If, after a lot is combined with one or more other lots pursuant to subsection 23.75.040.C for the purposes of a limit, an allocation of that limit is made to the lot in accordance with subsection 23.75.040.D.5, then the lot has the allocation so approved, and is no longer part of a combined lot for purposes of that limit. The lot may remain eligible to receive additional allocations, transfer an unused portion of its allocation to other lots, or both, pursuant to the allocation document and subject to any applicable rules issued by the Director. 4. When a specific lot has been made part of a combined lot and no allocation of the limit to the specific lot has been approved by the Director, no development of that lot requiring an allocable portion of that limit is permitted, except that if the combined lot is a single development site for purposes of an application, then the limit is for the combined lot as determined under subsection 23.75.040.D.2. 5. Pursuant to processes established in an allocation document consistent with 23.75.140.C, the portion of a limit allocated to a lot shall be initially established, and may be modified, in a manner that maintains consistency with the limit, in each case effective upon approval of the allocation or reallocation by the Director, as a Type I decision. The Director shall approve the allocation or reallocation under processes established in an allocation document, provided that: a. the owners of the lots affected have provided written approval; and b. the Director determines that the proposed allocation or reallocation is consistent with this Chapter 23.75 and with any relevant applications then pending, and with requirements of form and procedure established by the Director, and that any special conditions in the allocation document, are satisfied. 6. The allocation document may provide for reallocations among lots to which initial allocations have been made, with the written approval of the owners of the lots affected. A limit may not be reallocated in any manner that would create a nonconformity, or increase the extent of any nonconformity, based on established uses or structures, or based on any development for which a permit has been issued or is pending. 7. If lot lines are modified or new lots are created, then except to the extent otherwise provided in an allocation document or pursuant to agreements among owners approved by the Director, each new or modified lot shall have a share of each of the total allocations previously applicable to all lots affected by the modification of lot lines or creation of the new lots, in the same proportion as the area of that lot bears to the area of all such lots, except that the allocation to any new or modified lot shall be adjusted to the extent required so as not to create a nonconformity, or increase the extent of any existing nonconformity. To the extent necessary to offset any disproportionate allocation required to avoid a nonconformity, allocations to other new or modified lots shall be reduced in proportion to their respective lot areas. All reallocated limits that otherwise would include fractions shall be rounded down to the next integer. For purposes of adjustment of allocations described in this subsection 23.75.040.D.7, a combined lot then existing for any limit is treated as a single lot for that limit. E. Formula parking allowance transfers. 1. The portion of the formula parking allowance for a sector permitted on any lot is that portion attributable to the non-parking uses developed on that lot, except as permitted in this subsection 23.75.040.E. 2. To the extent that the amount of parking existing, established by permit, and subject to pending applications for permits on a lot is less than the amount allowed under this subsection 23.75.040.E, the owner of that lot may transfer formula parking credits to another lot in the sector, in a manner prescribed by the Director. 3. The transfer of formula parking credits increases the number of parking spaces permitted on the lot receiving the transfer and reduces the number of spaces permitted on the lot from which the transfer is made by the same amount. (Ord. 123963, § 26, 2012.)