(a) Definitions. In this section:
DELTA THEORY means “delta theory” as defined in Section 51A-4.704 of this chapter.
(b) General provisions.
(1) The city council may establish a modified delta overlay district in those areas where it determines that a continued application of the delta theory is not justified because:
(A) there is no longer a need to encourage redevelopment and adaptive reuse of existing structures; or
(B) a continued application of the delta theory will create traffic congestion and public safety problems and would not be in the public interest.
(2) In a modified delta overlay district, the city council may limit the number or percentage of nonconforming parking or loading spaces that may be carried forward by a use under the delta theory. An ordinance establishing a modified delta overlay district in which nonconforming parking or loading spaces are limited by number rather than by percentage must specify the method by which the nonconforming spaces are to be allocated among property owners.
(3) An ordinance establishing a modified delta overlay district may not increase the number of nonconforming parking or loading spaces that may be carried forward under the delta theory when a use is converted or expanded.
(4) An ordinance establishing a modified delta overlay district must provide that when a use located in the district is converted to a new use having lesser parking or loading requirements, the rights to any portion of the nonconforming parking or loading not needed to meet the new requirements are lost.
(5) An ordinance establishing a modified delta overlay district may restrict or eliminate the availability of the off-street parking special exception described in Section 51A-4.301(i).
(6) An ordinance establishing a modified delta overlay district may allow the remote parking distances contained in the special parking regulations (Division 51A-4.320) to be increased and allow special parking to account for more than 50 percent of the off-street parking required for any use. (Ord. Nos. 19786; 22471)