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A. Registered Medical Buildings: Registered medical buildings are buildings that received a certificate of occupancy from the city prior to February 11, 2011, and have received a medical registration letter issued by the Director of Community Development. Registered medical buildings may be used for medical uses provided that the amount of floor area occupied by medical uses does not exceed the amount of floor area occupied by legally permitted medical uses on February 11, 2011, as noted in the medical registration letter, and provided that such medical uses comply with any applicable conditions and requirements, as outlined in the registration letter. In addition, notwithstanding section 10-3-4101 of this chapter, registered medical floor area may be relocated within the building provided that the total amount of floor area occupied by medical uses does not increase beyond the amount of floor area occupied by lawfully permitted medical uses on February 11, 2011.
1. In addition to subsection A above, registered medical buildings may add up to six thousand (6,000) square feet of medical floor area to the building by converting general office space to a medical use, even though the building is not located in a medical overlay zone, if all of the following conditions are met:
a. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.
b. If the property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community development director issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space in a pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant to subsection 10-3-1655A of this chapter.
c. The building contains one or more legal medical uses prior to application for either a building permit or minor accommodation pursuant to this section.
d. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (100') or greater. For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section.
e. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.
f. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.
g. The medical use complies with the restrictions of the zone or underlying zone.
h. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.
i. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection A1.
2. In order to implement the requirements of this section, no building owner shall utilize the provisions set forth in this section to relocate or expand medical uses unless the building owner has submitted documentation to the Director of Community Development, in form and content satisfactory to the Director, documenting the amount of floor area occupied by legally permitted medical uses on February 11, 2011. Such documentation shall be provided no later than August 11, 2011, or the provisions of this section shall not be available to the building owner. This date may be extended by the Director. Additionally, if the submitted documentation includes any false statements or misrepresentations, then the building owner shall not be able to utilize the provisions of this section.
B. Medical Use Overlay Zone: Buildings that received a certificate of occupancy from the city prior to February 11, 2011, may be used for medical uses if the building is located in the Medical Use Overlay Zone and the medical uses are approved as part of a planned development.
C. Legally Nonconforming Medical Uses: Notwithstanding the provisions of section 10-3-4101 of this chapter, a legal nonconforming medical use located in a building that has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructed building complies with applicable zoning standards, including parking requirements, in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building.
D. The City Council may, by resolution, establish fees for reviews and approvals required by this section.
E. Cosmetic Spas: Notwithstanding any other provision in this section, a cosmetic spa permitted pursuant to section 10-3-1620.2 of this article is not subject to the regulations of this section.
F. Establishment Of New Medical Uses: Notwithstanding any other provision in this section, existing commercial spaces that have received certificates of occupancy from the city may be converted to a medical use, and new medical uses may be established in new commercial buildings, upon meeting the following conditions:
1. No new medical uses may be located on the ground floor of a building.
2. No 'specialty clinic' uses, as defined in section 10-3-1604.5 of this article shall be permitted. However, ambulatory surgical care uses, as defined in section 10-3-100, shall only be permitted within one operating room that has a maximum ten percent (10%) of the total floor area of the overall medical suite floor area, but shall not preclude an operating room of up to two hundred fifty (250) square feet.
G. Review By The City Council. The provisions contained in section F above shall be reviewed approximately three (3) years from their adoption with a report to City Council every year, in order to ensure that an increase in medical uses has not created unforeseen adverse impacts to commercial or residential properties and uses. (Ord. 11-O-2602, eff. 2-11-2011; amd. Ord. 19-O-2786, eff. 8-16-2019; Ord. 20-O-2826, eff. 11-17-2020; Ord. 20-O-2831, eff. 12-8-2020; Ord. 21-O-2852, eff. 10-26-2021; Ord. 22-O-2864, eff. 10-21-2022)