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SEC. 263.22.  SPECIAL HEIGHT EXCEPTIONS:  FULTON STREET GROCERY STORE SPECIAL USE DISTRICT 40-X/50-X HEIGHTS DISTRICT.
   (a)   In the 40-X/50-X Height and Bulk District, as designated on Section Map 2H of the Zoning Map, located within the boundaries Fulton Street Grocery Store Special Use District, height exceptions above the 40-foot base height limit to a maximum of 50 feet may be approved for a project in accordance with the Conditional Use procedures. The criteria for granting such height exceptions shall be those set forth below.
   (b)   The project must meet all of the criteria and controls of Section 249.34 (Fulton Street Grocery Store Special Use District).
   (c)   The allowances of Section 263.18(c) providing for additional height shall apply in this Special Use District regardless of whether the criteria in Section 263.18(b)(4) requiring orientation along a right-of-way wider than 40 feet or the criteria of Section 263.18(c) related to the 70-foot depth limitation is met.
   (d)   The controls of this Section are effective only if a grocery store subject to the requirements of this section is approved by the Planning Commission within five years of the effective date of this ordinance.
(Ord. 72-08, File No. 071157, App. 4/30/2008)
Editor's Notes:
   This section originally was designated 263.20 when enacted by Ord. 72-08, approved 4/30/2008. The section was redesignated by the editor.
   After the addition of this section to the Code, Ord. 248-09, approved 12/3/2008, enacted a new section with the same number as this section. That new section was redesignated 263.22A by the editor.