§ 59.103. Change of Use.  


Latest version.
  • Any change, redevelopment or modification of use which shall require a concurrency evaluation shall be in accordance with this Chapter. For the purposes of this subsection, a change, redevelopment or modification of use shall mean the change from one to another of the following land use categories (as used for setting level of service standards in the Growth Management Plan):

    Commercial.

    Government.

    Hospital.

    Industrial.

    Motel/Hotel.

    Multi-family.

    Office.

    Single-family.

    Increased Impact on Public Facilities or Services. If a change of use shall have a greater impact on public facilities and services than the previous use, then a Concurrency Evaluation and an evaluation of applicable mobility requirements under Section 59.209, City Code, shall be required for the net increase only.

    The impact of such change of use shall be measured in terms of vehicular trips per day. If the net vehicular trip increase does not exceed forty (40) within the Traditional City or twenty (20) outside the Traditional City such change of use shall not be subject to the concurrency evaluation process and shall, for the purpose of this section, be deemed to have no greater impact than the prior use. However, such change of use, otherwise exempt, shall be subject to the mandatory transportation mitigation strategies under Section 59.209, City Code.

    Decreased Impact on Public Facilities and Services. If a change of use shall have a lesser impact on public facilities and services than the previous use, then no concurrency encumbrance shall be required.

    In addition, if the change of use shall have a lesser impact on public facilities and services than the previous use, then the CMO shall issue a Concurrency Credit Letter to the property owner. This letter shall provide that if the less intense use is changed again to a more intense use, a credit shall be given for the original use and a Concurrency Evaluation shall be required for only the net increase of the more intense use over the original use.

    Concurrency credits may be transferred within the development site but only upon execution of an assignment of said credits, in an assignment form approved by the City and acknowledged by execution of the City's Transportation Planning Division Manager or his/her designee.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)