The provisions of this chapter shall apply to any new construction or remodeling for a mixed-use residential or nonresidential use, building, or structure located in the HV Zone. For the purpose of this section, “remodeling” means:
A. Any proposed action that will increase the floor area of the premises;
B. Any interior remodel which includes more than fifty percent (50%) of the structure’s footprint; or
C. Any change in use that requires a change of occupancy type under the applicable building or safety code.
D. The Planning Commission, upon recommendation of the Community and Economic Development Director, may waive applicable requirements of the Zone for buildings or uses that cannot reasonably comply within the context of goals for the Zone due to shape of property, historic nature of structures, or the pre-existing use of a structure. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-05, 3-4-2021)