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Except as provided in section 25-703:
a. No covered lot may have a cumulative hotel conversion factor of greater than 20.
b. No permit from the department of buildings may be issued for work in connection with a covered hotel conversion at a covered lot unless the owner of primary hotel space or covered timeshare space on such covered lot demonstrates to the satisfaction of the commissioner of buildings that such conversion would not increase the cumulative hotel conversion factor for such lot to greater than 20, or provides evidence of a waiver granted pursuant to section 25-703.
(L.L. 2015/050, 6/2/2015, eff. 6/2/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/050.
a. The board shall review applications for waivers pursuant to this section.
b. An owner of primary hotel space or covered timeshare space on a covered lot may apply to the board for a waiver of the provisions of section 25-702 in order to carry out a covered hotel conversion that would increase the cumulative hotel conversion factor for the zoning lot containing such hotel space to greater than 20.
c. The board shall conduct one or more public hearings on each application for a waiver under this section.
d. In determining whether to issue a waiver under this section allowing the cumulative hotel conversion factor for the lot where such primary hotel space or covered timeshare space is situated to exceed 20, the board shall assess whether the application of section 25-702 permits a reasonable rate of return, while also taking into account practical difficulties or unnecessary hardship in the way of strict application of such section, so that the spirit of the law shall be observed, the public safety and welfare secured and substantial justice done. In evaluating the ability of the applicant to earn a reasonable financial return, the board shall consider the financial state of the existing primary hotel space or covered timeshare space, including but not limited to revenue, income, expenses, profit, revenue per available room, average daily room rate, occupancy levels, any information presented at the public hearing on the application and any other information deemed relevant by the board; provided that the board shall not consider returns expected from converting such primary hotel space or covered timeshare space to a use other than primary hotel space or covered timeshare space except when determining the extent of the waiver that would allow the applicant to earn a reasonable financial return.
e. The board may grant a waiver pursuant to this section only to the minimum extent necessary to afford relief, in accordance with the intent and purposes of this chapter. In granting such a waiver, the board shall make an express finding that it is the minimum waiver necessary to afford relief.
f. Applications for waivers under this section and subsequent related submissions that the board determines are complete and sufficiently responsive to permit board consideration of the criteria set forth in subdivision d of this section shall be considered and acted upon without undue delay.
(L.L. 2015/050, 6/2/2015, eff. 6/2/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/050.