66-221

Temporary uses

Any space within an easement volume may be temporarily allocated to the following uses until such time as the space is needed by the transit agency:

(a)        in all districts, any community facility use without sleeping accommodations allowed by the underlying district;

(b)        in Residence Districts, uses listed in Use Group 6A and 6C; or

(c)        in Commercial and Manufacturing Districts, any commercial or manufacturing use allowed by the underlying district.

The floor space allocated to such temporary uses within the easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating accessory off-street parking, bicycle parking, or loading berths.

Improvements to, or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the building or portion of the zoning lot within which the easement volume is located prior to the time at which public use of the easement area is needed, except as otherwise specified by the transit agency. A minimum notice of 12 months shall be given, in writing, by the transit agency to the owner of the building or portion of the zoning lot to vacate the easement volume.

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