A. Existing commercial buildings may obtain a development plan review permit to convert to a mixed use building if located in the MU Overlay Zone. Such a project may request relief from the following mixed use standards, if it is not physically feasible to comply with these standards. To determine feasibility, the commission shall evaluate whether the site is physically constrained, with regard to depth and width, whether the existing commercial building does not conform to mixed use standards, and/or whether the existing commercial building would be rendered structurally defective by providing such features.
1. Parking requirements;
2. Loading facilities;
3. Outdoor living space;
4. Commercial-residential transitional setbacks, if such buildings have legally nonconforming setbacks; and
5. Height limits, if buildings have legally nonconforming heights.
B. Notwithstanding the density calculation in section 10-3-1881, the maximum density permitted for a mixed use development that is also a conversion project shall be calculated by dividing the existing building floor area, excluding floor area on the ground floor of the existing building, by the minimum allowed unit size of 500 square feet. Existing building floor area shall be determined pursuant to the definition of non-residential and multi-family floor area in section 10-3-100 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020; amd. Ord. 24-O-2886, eff. 4-11-2024)