§ 155.104  BULK REGULATION; USES PERMITTED BY SPECIAL USE PERMIT.
   (A)   There shall be no specific height limitation in the CBD District; provided, however, that no building permit shall be issued for any structure exceeding 35 feet in height except pursuant to a special use permit granted by the Planning Commission.  Application for such special use permit shall be made in accordance with the provisions of § 155.257.  Further, prior to the granting of the special use permit, the Planning Commission shall make a finding that any such excessive height will not be detrimental to the light, air, or privacy of any other structure or use currently existing or approved for construction.  In approving a height in excess of 35 feet, the Planning Commission shall follow the standards set forth below in floor area ratio.
   (B)   Floor area ratio:
      (1)   The floor area shall be used in determining area of building, of lot coverage, and of yard requirements, subject to the following conditions:
         (a)   Off-street loading and unloading shall be provided as required in § 155.344 and § 155.345.
         (b)   Off-street parking shall be provided as required in sections § 155.342 to § 155.343.  In such instances wherein off-street parking  is provided through special assessment against CBD uses, the area prorated to the use may be used to reduce required off-street parking space on the lot in question, and said equivalent area may be used for building.
         (c)   All enlargements or new construction shall be undertaken with respect to the established building line.
      (2)   In the CBD District, the maximum floor area ratio for a zoning lot shall not exceed 4.0.
      (3)   For each square foot of plaza provided on a zoning lot, the total floor area permitted by the floor area ratio, set forth above, may be increased by three square feet.
(Ord. 616, passed 9-23-2013)