§ 65.535. Monitoring.

The Department shall monitor the utilization of land use capacities under the Total Allowable Development of the DDRI. "Total Allowable Development" as used herein shall consist of the following land use capacities:

(a)

Office: 8,082,100 square feet;

(b)

Commercial: 1,078,000 square feet;

(c)

Hotel: 1,155 rooms;

(d)

Public, Recreational and Institutional: 2,003,000 square feet;

(e)

Industrial: Reduction of 675,200 square feet;

(f)

Residential: 687 units;

which are allowed in addition to any development either already built, subject to a valid building permit, or encompassed in a preexisting DRI development order as of the time this Part becomes effective. As used above, "square feet" shall be calculated on the basis of the Gross Floor Area.

Upon issuance of a Certificate of Individual Development Approval, the Department shall deem the portion of the Total Allowable Development approved thereunder to be "allocated" during the pendency of the Certificate. Upon issuance of a certificate of occupancy for the development, those "allocated" amounts actually constructed shall be deemed "developed" and the capacity so used shall be subtracted from the Total Allowable Development of the DDRI. At no time shall the aggregate of "allocated" and "developed" capacity exceed the Total Allowable Development. Any capacity allocated under a Certificate of Individual Development Approval which is unused under a subsequent building permit or lapsed through failure to timely obtain or maintain a valid building permit shall be recaptured and available for allocation in a subsequent Certificate of Individual Development approval.

In monitoring development involving a change of existing use between the categories of the DDRI, the use category of the Total Allowable Development of the prior approved or developed use shall be credited with the changed capacity, and the category of the new use will be debited in the amount of the capacity so changed. In monitoring development involving expansion of an existing use, the appropriate category shall only be debited with the net increase in use.

Where an owner seeks to demolish existing improvements, concurrent with the application for a demolition permit, the owner may also apply for Individual Development Approval on the subject property. The owner will receive a credit against the non-administrative portion of the application fee equivalent to the fee that would be charged for the amount of improvements demolished. Further, if necessary to receive the desired use capacities, the owner may convert the demolished capacity in accordance with the conversion formula contained in the Development Order of the DDRI without paying the conversion fee described below. Where no Individual Development Approval application is submitted concurrently, development capacity encompassed in a demolition permit shall be recaptured and credited to the appropriate category.

(Ord. of 9-16-1991, Doc. #25102)