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17-3-0301 Establishments Requiring Public Place of Amusement (PPA) Licenses. In all B and C districts, establishments that require a public place of amusement (PPA) license under Article III of Chapter 4-156 of this Code may not be located within 125 feet of any RS1, RS2 or RS3 district. This required distance must be measured from the nearest property line of the lot containing the establishment requiring the PPA license to the nearest RS1, RS2 or RS3 zoning district boundary. Establishments holding a valid PPA license that were lawfully established before August 16, 1997 may continue in operation as long as they maintain a valid PPA license. The restriction imposed by this section shall not apply to a performing arts venue, as defined by Section 4-156-710 of the municipal code.
17-3-0302-B B3, C1-3, C1-5, C2 and C3 Districts. Commercial establishments are not subject to size limits in the B3, C1-3, C1-5, C2 and C3 districts, but some large commercial establishments require review and approval in accordance with the planned development review procedures of Sec. 17-13-0600. The mandatory planned development review thresholds for large commercial establishments are established in Sec. 17-8-0510.
l. off-street parking or loading areas;
2. automated teller machines;
3. outdoor seating areas;
4. drive-through facilities that are allowed in such districts as a special use;
5. produce merchants as defined in Section 4-8-010;
6. walk-up service windows as defined in Section 4-4-339 operating at eating and drinking establishments;
7. mobile food vehicles operating on private property as provided in Section 7-38-115(k); and
8. any other exception provided in this Code.
1. Outdoor display and storage. Outdoor display and storage is permitted in C2 and C3 districts, subject to the screening requirements of this section.
2. Screening.
(a) Outdoor storage or display areas that abut R districts along a side property line or rear property line or are separated from an R district by only an alley along a side property line or rear property line must be effectively screened from view of the R district by a solid wall, solid fence, or dense vegetative screen not less than 6 feet in height and not more than 8 feet in height. Fences and walls must be masonry or wood, sight-obscuring and planted with vines. Chain- link fencing is prohibited.
(b) The view of outdoor areas used to store goods and materials that are not available for retail sale to the general public must be visually screened from all contiguous streets other than alleys either by permitted structures or by a vegetative buffer that is at least 6 feet in height or by a combination of such features. Required screening must be located between the perimeter of the outdoor storage area and any property line abutting a public street, other than an alley. This screening requirement is not intended to prohibit openings reasonably necessary for access drives and walkways.

17-3-0305 Floor-to-Floor Heights and Floor Area of Ground-floor Space. In B and C districts with a dash 1, dash 1.5, dash 2, dash 3, or dash 5 suffix (e.g., B1-3), all commercial floor space provided on the ground floor of a multi-floor building, other than floor space devoted to off-street parking, must have a minimum floor-to-floor height of 13 feet and must contain the following minimum floor area:
1. Any application seeking a zoning map amendment, pursuant to Section 17-13-0300, in order to establish a residential, day care, hospital, parks and recreation, school, eating and drinking establishment with an outdoor patio or outdoor assembly use that is proposed to be established within 660' of any (a) windrow composting facility, (b) intensive manufacturing, production and industrial service use, (c) Class III, Class IVA, Class IVB and Class V recycling facility, (d) warehousing, wholesaling, and freight movement use, (e) container storage, (f) freight terminal, (g) outdoor storage of raw material as a principal use, (h) waste-related use, or (i) manganese-bearing material operation use may be allowed only if farther reviewed and approved in accordance with the special use procedures of Section 17-13-0900, unless it otherwise meets a planned development threshold of Section 17-8-0500.
2. Newly established detached houses and two-flats are prohibited uses in B and C districts that are within community preservation areas, as that term is defined in Section 2-44-085(B), and are also within 2,640 feet of a CTA or METRA rail station entrance or exit or within 1,320 feet of a CTA bus line corridor roadway segment listed in Table 17-17-0400-B. Where a multi-unit residential building cannot be established pursuant to the applicable bulk and density standards, a two-flat may be established. Furthermore, only in those instances when no two-flat can be established pursuant to the applicable bulk and density standards, a detached house may be established.
3. In B and C districts, elderly housing cannot be established in the form of a detached house or two-flat.
1. The project complies with the applicable standards of Section 17-10-0102-B;
2. The project complies with the standards and regulations of Section 17-3-0504, except paragraph H if the project is not located along a pedestrian street and except paragraph C if the land use is designated in a non-commercial use group, pertaining to pedestrian streets and pedestrian retail streets, even if the project is not located along a pedestrian street or a pedestrian retail street;
3. The project complies with the general goals set forth in the Transit Friendly Development Guide: Station Area Typology, and any other station-specific plans, designs or guidelines adopted by the Chicago Plan Commission;
4. Residential building projects shall not have a number of parking spaces in excess of 50% of the Minimum Automobile Parking Ratio for the applicable district listed in Section 17-10-0207 with any fractional result rounded up to the next higher whole number, unless additional parking spaces are approved as an administrative adjustment under the provisions of Section 17-13-1003-EE; and
5. The project complies with the Travel Demand Study and Management Plan rules of the Chicago Department of Transportation. The City's Commissioner of Transportation is authorized to issue Travel Demand Study and Management Plan rules consistent with this section.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-30-05, p. 62481, § 5; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 6-6-12, p. 28654, § 4; Amend Coun. J. 7-25-12, p. 31326, § 3; Amend Coun. J. 4-10-13, p. 51227, § 1; Amend Coun. J. 4-15-15, p. 106578, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 40; Amend Coun. J. 3-24-21, p. 29065, § 3; Amend Coun. J. 7-20-22, p. 50878, § 4; Amend Coun. J. 1-18-23, p. 59796, § 3; Amend Coun. J. 3-15-23, p. 61261, § 2)
District | Minimum Lot Area per Unit (square feet) | ||
Per Dwelling Unit | Per Efficiency Unit | Per SRO Unit | |
Dash 1 | 2,500 | 2,500 | Not Allowed |
Dash 1.5 | 1,350 | 1,350 | Not Allowed |
Dash 2 | 1,000 | 700 | 700 |
Dash 3 | 400 | 300 | 200 |
Dash 5 | 200 | 135 | 100 |
17-3-0402-B MLA Reduction for Transit-Served Locations. All projects in B-3 and C-3 districts located within 2,640 feet of a CTA or METRA rail station entrance or exit or within 1,320 feet of a CTA bus line corridor roadway segment listed in Table 17-17-0400-B and which are in compliance with Section 17-3-0308 are eligible to use the reduced lot area per unit standards as established in the table below. These minimum lot area reductions are allowed only if the project is reviewed and approved in accordance with the Type I Zoning Map Amendment procedures of Section 17-13-0302, or the planned development procedures of Section 17-13-0600 (if the project qualifies as a mandatory or elective planned development under Sections 17-8-0500 or 17-8-0600):
District | Maximum Floor Area Ratio |
Dash 1 | 1.2 |
Dash 1.5 | 1.5 |
Dash 2 | 2.2 |
Dash 3 | 3.0 |
Dash 5 | 5.0 |
17-3-0403-B FAR Increase for Transit- Served Locations. All projects in B-3 and C-3 districts located within 2,640 feet of a CTA or METRA rail station entrance or exit or within 1,320 feet of a CTA bus line corridor roadway segment listed in Table 17-17-0400-B and which are in compliance with Section 17-3-0308 may increase the maximum floor area ratio standard as established in the table below. This floor area ratio increase is allowed only if the project is reviewed and approved in accordance with the Type 1 Zoning Map Amendment procedures of Section 17-13-0302, or the planned development procedures of Section 17-13-0600 (if the project qualifies as a mandatory or elective planned development under Sections 17-8-0500 or 17-8-0600).
District | Proportion of ARO requirement on-site per 2-44-085-G | Maximum Floor Area Ratio |
Dash 3 | 50% | 3.5 |
75% | 3.75 | |
100% | 4 |
17-3-0404 Front Setbacks. No front setback is required in B or C districts, except on B- or C-zoned lots abutting R-zoned lots that have lot frontage on the same street. The required front setback in those cases must equal at least 50% of the front yard that exists on the abutting R-zoned lot. If the abutting R-zoned lot is vacant, the 50% must be calculated on the basis of the abutting lot's required front setback. (See Sec. 17-17-0306 for rules governing the measurement of front setbacks.)
17-3-0405-A For floors containing dwelling units, the minimum rear setback is 30 feet. This does not apply to existing buildings where there is a change of use or interior alterations and where there are no additions to the existing structure which are proposed within the rear setback. (See Sec. 17-17-0307 for rules governing the measurement of rear setbacks.)
1. When the rear property line of B- or C-zoned property abuts a side property line of R-zoned property, a rear setback is required on the B- or C- zoned property that is equal in dimension to the minimum side setback required for a residential building on the adjacent R-zoned lot.
2. When the rear property line of B- or C-zoned property abuts a rear property line of R-zoned property, the minimum rear setback for the B- or C- zoned property is 16 feet. In such cases, the rear setback may begin 15 feet or one story above grade, whichever is lower.
17-3-0406 Side Setbacks. No side setbacks are required in B and C districts, except when B- or C- zoned property abuts R-zoned property, in which case the side setback required for a residential use on the R- zoned lot applies. Townhouse developments, where allowed, are subject to the townhouse development standards of Sec. 17-2-0500. (See Sec. 17-17-0308 for rules governing the measurement of side setbacks.)
17-3-0406-A Reversed Corner Lot Setback Standards. In all B and C districts, the minimum side setback on a reversed corner lot must be equal to at least 50% of the front yard that exists on any R-zoned lot abutting the rear of the reversed corner lot. If the abutting R-zoned lot to the rear is vacant, the 50% is to be calculated on the basis of the abutting lot's required front setback. Moreover, no accessory building on a reverse corner lot may be located within 5 feet of any part of a rear lot line that coincides with a side lot line of property in an RS1, RS2, or RS3 district.

17-3-0407-A Purpose; Applicability. The building separation standards of this section are intended to ensure adequate separation between exterior building walls that serve as a primary source of natural light and air for dwelling units. These standards apply to courtyard buildings, buildings with car courts, or other developments when dwelling units face or are adjacent to one another. Townhouse developments are exempt from these standards; they are subject to the standards of Sec. 17-2-0500.
1. Facing Interior Side Property Line. When a front wall faces the subject property's interior side property line, the wall must be setback from the interior side property line a distance equal to at least 12 feet, or in the case of a rear wall, a distance equal to at least 10% of the lot width or 12 feet, whichever is less. (See Sec. 17-17-0310 for rules governing the measurement of building wall separation.)
2. Facing Other Front or Rear Walls. When the front wall or rear wall of a dwelling unit faces the front wall or rear wall of another dwelling unit located on the same zoning lot, the minimum required separation between such walls is as follows:
District | Minimum Separation (feet) |
Dash 1 | 30 |
Dash 1.5 | 30 |
Dash 2 | 30 |
Dash 3 | 30 |
Dash 5 | 26 |
District | Maximum Building Height (feet) | |||
Lot frontage of 25 feet or less | Lot frontage of more than 25 and less than 50 feet | Lot frontage of 50 to 99.9 feet | Lot frontage of 100 feet or more |
District | Maximum Building Height (feet) | |||
Lot frontage of 25 feet or less | Lot frontage of more than 25 and less than 50 feet | Lot frontage of 50 to 99.9 feet | Lot frontage of 100 feet or more | |
Buildings with Ground-floor Commercial Space that complies with Sec. 17-3-0305 | ||||
Dash 1 | 38 | 38 | 38 | 38 |
Dash 1.5 | 38 | 38 | 38 | 38 |
Dash 2 | 47 | 50 | 50 | 50 |
Dash 3 | 50 | 55 | 65 | 65 |
Dash 5 | 50 | 55 | 70 | 80 [1] |
Buildings without Ground-floor Commercial Space that complies with Sec. 17-3-0305 | ||||
Dash 1 | 38 | 38 | 38 | 38 |
Dash 1.5 | 38 | 38 | 38 | 38 |
Dash 2 | 45 | 45 | 45 | 45 |
Dash 3 | 50 | 50 | 60 | 60 |
Dash 5 | 50 | 50 | 65 | 75 [1] |
On lots with multiple lot frontages, allowable building height must be based on the shortest lot frontage.
[1] Buildings may exceed the maximum height standard applicable to 100+-foot lots in dash 5 districts only if reviewed and approved in accordance with the Planned Development procedure of Sec. 17-13-0600; no minimum land area standard applies to projects seeking such PD approval.
1. All projects in B-3 and C-3 districts located within 2,640 feet of a CTA or METRA rail station entrance or exit or within 1,320 feet of a CTA bus line corridor roadway segment listed in Table 17-17-0400-B and which are in compliance with Section 17-3-0308 are eligible for increases in maximum building height as established in the table below. These building height increases are allowed only if the project is reviewed and approved in accordance with the Type I Zoning Map Amendment procedures of Section 17-13-0302, or the planned development procedures of Section 17-13-0600 (if the project qualifies as a mandatory or elective planned development under Sections 17-8-0500 or 17-8-0600).
2. All projects in B dash 3 and C dash 3 districts subject to Sec. 2-45-115 that (a) qualify for and are granted a building height increase under Sec. 17-3-0408-B.1 above, and (b) provide at least 50% of the required affordable units on-site, are eligible for additional increases in maximum building height as established in the table below. These building height increases are allowed only if the project is reviewed and approved in accordance with the Type I Zoning Map Amendment procedures of Sec. 17-13-0302, or the planned development procedures of Sec. 17-13-0600 (if the project qualifies as a mandatory or elective planned development under Sections 17-8-0500 or 17-8-0600).
District | Maximum Building Height (feet) | |||
Lot frontage of 25 feet or less | Lot frontage of more than 25 and less than 50 feet | Lot frontage of 50 to 99.9 feet | Lot frontage of 100 feet or more |
District | Maximum Building Height (feet) | |||
Lot frontage of 25 feet or less | Lot frontage of more than 25 and less than 50 feet | Lot frontage of 50 to 99.9 feet | Lot frontage of 100 feet or more | |
Buildings with Ground-Floor Commercial Space that Complies with Section 17-3-0305 | ||||
Dash 3 | 50 | 55 | 70 | 75 [1] |
Dash 3 - with at least 50% Section 2-44-080 Units | 55 | 60 | 75 | 80 [1] |
Buildings without Ground-Floor Commercial Space that Complies with Section 17-3-0305 | ||||
Dash 3 | 50 | 50 | 65 | 70 [1] |
55 | 55 | 70 | 75 [1] | |
[1] Buildings may exceed the maximum building height standard applicable to 100+ foot lots in dash 3 districts only if reviewed and approved in accordance with the planned development procedure of Section 17-13-0600; no minimum land area standard applies to projects seeking such PD approval.
17-3-0410-A Standards. In B and C districts the total number of efficiency units may not exceed the following standards except as specified in Sec. 17-3-0410-B:
District | Maximum Number of Efficiency Units (% of total units) |
Dash 1 | 10 |
Dash 1.5 | 15 |
Dash 2 | 20 |
Dash 3 | 20 |
Dash 5 | 30 |
1. The limits on efficiency units do not apply to elderly housing developments, provided that the Zoning Administrator determines that such developments constitute bona fide elderly housing developments.
2. The limits on efficiency units do not apply to transit-served developments within 660 feet of a CTA or METRA rail station entrance or exit or a CTA bus line corridor roadway segment listed in Table 17-17-0400-B.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 11-8-12, p. 38872, § 243; Amend Coun. J. 9-11-13, p. 60173, §§ 1 – 3; Amend Coun. J. 3-18-15, p. 105476, §§ 3, 4; Amend Coun. J. 9-24-15, p. 7499, §§ 1 – 4; Amend Coun. J. 1-23-19, p. 94981, § 1; Amend Coun. J. 4-21-21, p. 29627, § 6; Amend Coun. J. 7-20-22, p. 50878, § 4; Amend Coun. J. 1-18-23, p. 59796, § 4)
17-3-0501 Purpose. The regulations of this section are intended to preserve and enhance the character of streets and intersections that are widely recognized as Chicago's best examples of pedestrian-oriented shopping districts. The regulations are intended to promote transit, economic vitality and pedestrian safety and comfort.
17-3-0503-B The "pedestrian street" designation may be established or removed only in accordance with the Zoning Ordinance Text and Zoning Map Amendment procedures of Sec. 17-13-0200 and Sec. 17-13-0300. Both a text and map amendment is required.
1. The following street segments are classified as pedestrian streets:
Street | Segment | Coordinates | ||
From | To | From | To |
Street | Segment | Coordinates | ||
From | To | From | To | |
103rd | Longwood | Wood | 1800W | 2000W |
18th | Sangamon | Marshfield | 932W | 1614W |
18th | Paulina | Wood | 1700W | 1800W |
26th | St. Louis | Pulaski | 3500W | 4000W |
53rd | Kenwood | Lake Park | 1350E | 1600E |
Argyle | Sheridan | Broadway | 1000W | 1200W |
Ashland | Grace | Waveland | 3720N | 3722N |
Belmont | Ashland | Paulina | 1600W | 1700W |
Cermak | Washtenaw | California | 2700W | 2800W |
Cermak | Marshall | Troy | 2900W | 3100W |
Cermak | Wentworth | Princeton | 200W | 300W |
Chicago | Ashland | Damen | 1600W | 2000W |
Clark | Montrose | Bryn Mawr | 4400N | 5600N |
Clark | Albion | Touhy | 6600N | 7200N |
Commercial | 88th | 92nd | 8800S | 9200S |
Devon | Western | California | 2400W | 2800W |
Division | Milwaukee | Ashland | 1535W | 1599W |
Division | 1619W | Leavitt | 1619W | 2200W |
Halsted | Belmont | Grace | 3200N | 3800N |
Halsted | Fullerton | Wrightwood | 2400N | 2600N |
Kedzie | Montrose | Lawrence | 4400N | 3800 |
Larrabee | Chicago | Chestnut | 847N | 861N |
Lawrence | Laramie | Long | 5200W | 5400W |
Lawrence | Sacramento | Central Park | 3000W | 3600W |
Milwaukee | Rockwell / Francis | Gresham / Drake | 2149N / 2156N | 2923N / 2898N |
Milwaukee | Giddings | Higgins / Ainslie | 4744N | 4830N / 4819N |
Montrose | C.T.A. Brown Line | Seeley | 1814 north side; 1821 south side | 2044 north side; 2017 south side |
Montrose | California | Kimball | 2800W | 3400W |
Roscoe | Damen | Leavitt | 2000W | 2200W |
Taylor | Carpenter | Ashland | 1050W | 1600W |
Wells | Division | North | 1200N | 1600N |
Wentworth | Cermak | 24th Place | 2200S | 2400S |
2. The following street segments are classified as pedestrian retail streets:
Street | Segment | Coordinates | ||
From | To | From | To |
Street | Segment | Coordinates | ||
From | To | From | To | |
Armitage | Halsted | Racine | 800W | 1200W |
Belmont | Halsted | Southport | 800W | 1400W |
Broadway | Diversey | Cornelia | 2800N | 3500N |
Bryn Mawr | Kenmore | Broadway | 1038W | 1200W |
Clark | Belden | Diversey | 2300N | 2800N |
Clark | Newport | Addison | 3432N | 3600N |
Clark | Diversey | Wellington | 2800N | 3000N |
Diversey | Pine Grove | Burling | 500W | 750W |
Halsted | Willow | Webster | 1800N | 2200N |
Lincoln | Webster | Belden | 2200N | 2300N |
Lincoln | Fullerton | Belmont | 2400N | 3200N |
Lincoln | Roscoe | Waveland | 3400N | 3659N (east side) 3700N (west side) |
Lincoln | Grace | Berteau | 3800N | 4200N |
Lincoln | Hutchinson | Montrose | 4217 (east side) 4218 (west side) | 4400N |
Lincoln | Sunnyside | Lawrence | 4500N | 4800N |
Lincoln | Western | Bryn Mawr | 4870N | 5600N |
Milwaukee | Division | North | 1200N | 1600N |
Southport | Henderson | Grace | 3323N | 3800N |
Diagonal Street | Coordinates | East-West Street | Coordinates | North-South Street | Coordinates | Intersection Coordinates |
Diagonal Street | Coordinates | East-West Street | Coordinates | North-South Street | Coordinates | Intersection Coordinates | ||||
Blue Island | From | 1637S | 18th | From | 1300W | Loomis | From | 1600S | 1800S | 1400W |
To | 1671S | To | 1357W | To | 1726S | |||||
Blue Island | From | 1810S | 18th | From | 1413W | Loomis | From | 1809S | 1800S | 1400W |
To | 2000S | To | 1500W | To | 1900S | |||||
Broadway | From | 4700N | Lawrence | From | 1100W | Racine | From | 4700N | 4800N | 1200W |
To | 4900N | To | 1230W | To | 4800N | |||||
Clark | From | 2700N | Diversey | From | 500W | Broadway | From | 2800N | 2800N | 600W |
To | 2900N | To | 700W | To | 2900N | |||||
Lincoln | From | 3200N | School | From | 1600W | Marshfield | From | 3300N | 3300N | 1630W |
To | 3400N | To | 1700W | To | 3400N | |||||
Lincoln | From | 3900N | Irving Park | From | 1900W | Damen | From | 3900N | 4000N | 2000W |
To | 4100N | To | 2100W | To | 4100N | |||||
Milwaukee | From | 1500N | North | From | 1900W | Damen | From | 1500N | 1600N | 2000W |
To | 1700N | To | 2100W | To | 1700N | |||||
Milwaukee | From | 2700N | Diversey | From | 3300W | Kimball | From | 2700N | 2800N | 3400W |
To | 2860N | To | 3500W | To | 2816N | |||||
Milwaukee | From | 3900N | Irving Park | From | 4650W | Cicero | From | 3900N | 4000N | 4800W |
To | 4100N | To | 4930W | To | 4100N
| |||||
17-3-0504-A Applicability. The standards of this section apply to all development on lots that abut the right-of-way of designated pedestrian streets unless otherwise expressly stated. For purposes of Title 17, the criteria, standards and regulations that apply to pedestrian streets shall apply to pedestrian retail streets, except as more specifically regulated herein.
1. The entire building façade that faces a designated pedestrian street must abut the sidewalk or be located within 5 feet of the sidewalk.
2. These building location standards do not apply to permitted arcades, public plazas or parks, entries to through-block connections, or recessed entries. Recessed entries are subject to the following standards:
(a) The entrance width may not exceed 12 feet or 5% of the building's street-facing façade width;
(b) The entrance depth may not exceed the entrance width; and
(c) The entrance may not exceed 2 stories in height.

1. A minimum of 60% of the street- facing building façade between 4 feet and 10 feet in height must be comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. This standard applies to building façades that face pedestrian streets.
2. The bottom of any window or product display window used to satisfy this requirement may not be more than 4.5 feet above the adjacent sidewalk.
3. Product display windows used to satisfy these requirements must have a minimum height of 4 feet and be internally lighted.

1. On lots abutting pedestrian streets, buildings must have a primary entrance door facing the pedestrian street. Entrances at building corners facing a pedestrian street may be used to satisfy this requirement.
2. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses.

17-3-0504-E Off-Street Parking Requirements. No off-street parking is required for nonresidential uses on lots abutting pedestrian streets unless such uses exceed 10,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 10,000 square feet. (See Sec. 17-10-0200 for off-street parking ratios)
17-3-0504-G Driveways and Vehicle Access. Vehicle access to lots located along pedestrian streets must come from an alley. No curb cuts or driveways are allowed from a pedestrian street. (See Sec. 17-13-1003-S).
1. strip centers;
2. drive-through facilities;
3. vehicle sales and service uses involving any outdoor storage of vehicles or goods;
4. gas stations;
5. car washes; and
6. residential storage warehouses.
1. Non-accessory parking facilities are allowed on lots abutting pedestrian streets only if reviewed and approved in accordance with the special use procedures of Section 17-13-0900.
2. A bank, savings bank, savings and loan association, credit union, currency exchange, or automated teller machine facility is permitted on lots abutting pedestrian retail streets: provided that a proposed bank, savings bank, savings and loan association, credit union, currency exchange, or automated teller machine facility that will be located within 600 feet of a bank, savings bank, savings and loan association, credit union, currency exchange, or automated teller machine facility that already exists on the pedestrian retail street is allowed only if reviewed and approved in accordance with the special use procedures of Sec. 17-13-0900; provided further that the review and approval for such special use shall not be required if:
(i) the bank, savings bank, savings and loan association, credit union, currency exchange, or automated teller machine facility is located above or below curb level of a building with permitted or special uses on the curb level;
(ii) the bank, savings bank, savings and loans association, credit union, currency exchange, or automated teller machine facility is accessory to a retail or commercial use; or
(iii) the bank, savings bank, savings and loan association, credit union, or currency exchange, automated teller machine facility is located: (1) in the rear of the building that abuts the pedestrian retail street; and (2) 50 feet or more from the sidewalk that abuts the building façade that faces the pedestrian retail street; and (3) in a building in which a retail or commercial use faces the pedestrian retail street.
1. Sidewalk cafes and outdoor eating areas; and
2. Outdoor display of produce, flowers and plants.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 2-9-05, p. 42415; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-30-05, p. 62724; Amend Coun. J. 6-28-06, p. 79813, § 2; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 1-11-07, p. 97055, § 1; Amend Coun. J. 1-11-07, p. 97057, § 1; Amend Coun. J. 1-11-07, p. 97059, § 1; Amend Coun. J. 7-19-07, p. 5248, § 1; Amend Coun. J. 6-30-09, p. 66111, § 1; Amend Coun. J. 12-2-09, p. 80791, § 1; Amend Coun. J. 6-30-10, p. 95597, § 1; Amend Coun. J. 6-30-10, p. 95599, § 1; Amend Coun. J. 6-30-10, p. 95601, § 1; Amend Coun. J. 6-30-10, p. 95603, § 1; Amend Coun. J. 2-9-11, p. 112463, § 1; Amend Coun. J. 12-14-11, p. 18117, § 1; Amend Coun. J. 4-24-12, p. 25071, § 2; Amend Coun. J. 6-27-12, p. 30538, § 2; Amend Coun. J. 6-27-12, p. 30540, § 2; Amend Coun. J. 7-25-12, p. 31632, § 2; Amend Coun. J. 12-12-12, p. 44399, § 2; Amend Coun. J. 4-10-13, p. 51743, § 2; Amend Coun. J. 5-8-13, p. 53468, § 1; Amend Coun. J. 9-11-13, p. 60183, § 1; Amend Coun. J. 1-15-14, p. 73272, § 2; Amend Coun. J. 1-15-14, p. 73274, § 2; Amend Coun. J. 1-15-14, p. 73276, § 2; Amend Coun. J. 5-28-14, p. 82412, § 2; Amend Coun. J. 11-5, p. 96196, § 3; Amend Coun. J. 11-5-14, p. 96199, § 4; Amend Coun. J. 11-19-14, p. 98825, § 2; Amend Coun. J. 12-10-14, p. 100862, § 2; Amend Coun. J. 9-24-15, p. 7508, §§ 4, 5; Amend Coun. J. 9-24-15, p. 7511, § 1; Amend Coun. J. 5-18-16, p. 25016, § 2; Amend Coun. J. 11-16-16, p. 38285, § 1; Amend Coun. J. 3-29-17, p. 45471, § 2; Amend Coun. J. 3-29-17, p. 45473, § 2; Amend Coun. J. 5-24-17, p. 49766, § 2; Amend Coun. J. 3-28-18, p. 74521, § 2; Amend Coun. J. 4-18-18, p. 76897, § 1; Amend Coun. J. 4-18-18, p. 76900, § 2; Amend Coun. J. 4-18-18, p. 76902, § 2; Amend Coun. J. 9-20-18, p. 84905, § 2; Amend Coun. J. 9-20-18, p. 84907, § 2; Amend Coun. J. 1-23-19, p. 94979, § 2; Amend Coun. J. 2-19-20, p. 14592, § 2; Amend Coun. J. 4-24-20, p. 16146, § 2; Amend Coun. J. 10-7-20, p. 21782, § 2; Amend Coun. J. 7-21-21, p. 33513, § 2; Amend Coun. J. 9-14-21, p. 35946, § 2; Amend Coun. J. 10-14-21, p. 37719, § 2; Amend Coun. J. 2-23-22, p. 45128, § 2; Amend Coun. J. 7-20-22, p. 50878, § 4; Amend Coun. J. 1-24-24, p. 8647, § 2)