§ 6.1309. Cultural Improvements Program requirements.

A.

Property within a PBD Overlay District shall comply with the Cultural Improvements Program, except as provided below.

1.

For property rezoned to the PBD Overlay District before January 1, 2013, the property owner shall provide artwork, or pay an in-lieu fee, equal to at least one percent of the building valuation for the nonresidential floor area. For property rezoned to the PBD Overlay District before January 1, 2013, adding nonresidential floor area after December 31, 2012, the property owner shall provide artwork, or pay an in lieu fee, equal to at least one percent of the building valuation for the added nonresidential floor area.

2.

For property rezoned to the PBD Overlay District after December 31, 2012, the property owner shall provide artwork, or pay an in-lieu fee, equal to at least one percent of the building valuation for all floor area. For property rezoned to the PBD Overlay District after December 31, 2012, adding floor area after December 31, 2012, the property owner shall provide artwork, or pay an in lieu fee, equal to at least one percent of the building valuation for the added floor area.

B.

In lieu fees shall be paid into the Downtown Cultural Trust Fund.

C.

Exemptions.

1.

The following are exempt from the Cultural Improvement Program requirement:

a.

Interior tenant improvements.

b.

Residential uses in a PBD Overlay District that was rezoned before January 1, 2013.

c.

Dwellings, single-family and two-family.

d.

Properties zoned Special Campus in which cultural improvement program elements have been included in the development plan.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 22), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 189), 5-6-14)