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(a) General. In order to maintain the continuity of a predominant street wall along the street, setbacks of the upper portion of a building which abuts a public sidewalk may be required of buildings located within the boundaries of the North of Market Residential Special Use District, as shown on Sectional Map 1SUb of the Zoning Map, as a condition of approval of conditional use authorization otherwise required by Section 253 of this Code for building in RC Districts which exceed 50 feet in height.
(b) Procedures. A setback requirement may be imposed in accordance with the provisions set forth below pursuant to the procedures for conditional use authorization set forth in Section 303 of this Code.
(c) Setback Requirement. In order to maintain the continuity of the prevailing streetwall along a street or alley, a setback requirement may be imposed as a condition of approval of an application for conditional use authorization for a building in excess of 50 feet in height, as required by Section 253 of this Code. If the applicant can demonstrate that the prevailing streetwall height on the block on which the proposed project is located, as established by existing cornice lines, is in excess of 50 feet, then the Commission may impose a maximum setback of up to 20 feet applicable to the portion of the building which exceeds the established prevailing streetwall height; provided, however, that if the applicant demonstrates that the prevailing streetwall height is in excess of 68 feet, the maximum setback requirement which may be imposed is 16 feet. If the applicant can demonstrate that a building without a setback would not disrupt the continuity of the prevailing streetwall along the street, then the Planning Commission may grant approval of the conditional use authorization without imposing a setback requirement as a condition thereof.
(Added by Ord. 165-85, App. 3/28/85; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
Section header, divisions (a) and (c) amended; Ord. 63-11, Eff. 5/7/2011.