(a) Notwithstanding any other provision of this Article 2, for the three years following the effective date of the ordinance in Board File No. 210285 adopting this Section 202.11, a change in use or demolition of a Nighttime Entertainment use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303. In acting on any application for Conditional Use authorization for changes in use or demolition of a Nighttime Entertainment Use, the Commission shall consider the following criteria in addition to the criteria set forth in Section 303(c) and (d) of this Code:
(1) Preservation of a Nighttime Entertainment use is no longer economically viable and cannot effect a reasonable economic return to the property owner. For purposes of defining “reasonable economic return,” the Planning Commission shall be guided by the criteria for Fair Return on Investment set forth in Section 102;
(2) The change in use or demolition of the Nighttime Entertainment use will not undermine the economic diversity and vitality of the surrounding District;
(3) The change in use or demolition of the Nighttime Entertainment use will not undermine the availability of live entertainment venues for residents to experience live performances or find employment as live performers; and
(4) The resulting project will preserve the architectural integrity of important historic features of the Nighttime Entertainment use affected.
(b) At the conclusion of the three-year period referenced in subsection (a), this Section 202.10 shall expire by operation of law, after which time the City Attorney shall cause this Section to be removed from the Planning Code.
AMENDMENT HISTORY
Technical correction to section heading; Ord. 33-24, Eff. 3/23/2024.
Editor’s Note:
Section 202.13 was originally designated 202.11 when enacted by Ord. 149-21, effective 10/30/2021, and was redesignated by the editor in order to avoid conflicting with previously existing material.