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(a) Purpose. The purpose of this Section is to establish Bird-Safe Standards for new building construction and replacement facades to reduce bird mortality from circumstances that are known to pose a high risk to birds and are considered to be "bird hazards." The two circumstances regulated by this Section are 1) location-related hazards, where the siting of a structure creates increased risk to birds and 2) feature-related hazards, which may create increased risk to birds regardless of where the structure is located. Location-related hazards are created by structures that are near or adjacent to large open spaces and/or water. When structures are located in such an area, the portion of the structure most likely to sustain bird-strikes requires facade treatments. Even if a structure is not located near a locational hazard, particular building features also may create a hazard for birds. Structures that create such a feature-related hazard are required to treat all of the feature-related hazard. While these controls do not apply retroactively, the purpose of these controls is to ensure that new construction is bird-safe and to decrease existing bird-hazards over time.
(b) Definitions.
(1) Bird-Safe Glazing Treatment. Bird-Safe Glazing Treatment may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or UV patterns visible to birds. To qualify as Bird-Safe Glazing Treatment vertical elements of window patterns should be at least 1/4 inch wide at a maximum spacing of 4 inches or horizontal elements at least 1/8 inch wide at a maximum spacing of 2 inches.
(2) Bird Hazard. Specific circumstances that create a hazard for birds due to either the location of the building or due to specific building features that increase the risk of bird-building collisions as described under (c) below.
(c) Controls. The following Bird-Safe Standards shall apply to: 1) new construction, 2) building additions that create a Bird Hazard, or 3) the replacement of 50% or more of the glazing on an existing Bird Hazard. Additions to existing buildings subject to this subsection are required only to treat the new building addition. Bird Hazards consist of: 1) location-related hazards and 2) feature-related hazards and the standards specified below shall apply to structures that present these hazards. These controls shall apply to all structures subject to this Section regardless of whether the ownership or use is public or private.
(1) Location-Related Standards. These standards apply to buildings located inside of open spaces two acres and larger dominated by vegetation, including vegetated landscaping, forest, meadows, grassland, or wetlands, or open water (hereinafter an Urban Bird Refuge). These standards also shall apply to buildings less than 300 feet from an Urban Bird Refuge if such buildings are in an unobstructed line to the refuge. The standards are as follows:
(A) Facade Requirement. Bird-Safe Glazing Treatment is required such that the Bird Collision Zone, as defined below, facing the Urban Bird Refuge consists of no more than 10% untreated glazing. Building owners are encouraged to concentrate permitted transparent glazing on the ground floor and lobby entrances to enhance visual interest for pedestrians. The Bird Collision Zone shall mean the portion of buildings most likely to sustain bird-strikes from local and migrant birds in search of food and shelter and includes:
(i) The building facade beginning at grade and extending upwards for 60 feet, or
(ii) Glass facades directly adjacent to landscaped roofs 2 acres or larger and extending upwards 60 feet from the level of the subject roof.
(C) Wind Generation. Wind generators in this area shall comply with the Planning Department's permitting requirements, including any monitoring of wildlife impacts that the Department may require.
(2) Feature-Related Standards. Feature-related hazards include free-standing glass walls, wind barriers, skywalks, balconies, and greenhouses on rooftops that have unbroken glazed segments 24 square feet and larger in size. Feature-related hazards can occur throughout the City. Any structure that contains these elements shall treat 100% of the glazing on Feature-Specific hazards.
(3) Exceptions. Certain exceptions apply to this Section as set forth below.
(A) Certain Exceptions for Location-Related Standards to be Applied to Residential Buildings Within R-Districts.
(i) Limited Glass Facade. Residential buildings within R- Districts that are less than 45 feet in height and have an exposed facade comprised of less than 50% glass are exempt from new or replacement facade glazing requirements included in Section 139(c)(1) Location-Related Standards.
(ii) Substantial Glass Facade. Residential buildings that are less than 45 feet in height but have a facade with surface area composed of more than 50% glass, shall provide glazing treatments as described in Section 139(c)(1)(A) for 95% of all large, unbroken glazed segments that are 24 square feet and larger.
(B) General Exceptions for Historic Buildings. Treatment of replacement glass facades for structures designated as City landmarks or within landmark districts pursuant to Article 10 of the Planning Code, or any building Category I-IV or Category V within a Conservation District pursuant to Article 11 of the Planning Code, shall conform to Secretary of Interior Standards for Rehabilitation of Historic Properties. Reversible treatment methods such as netting, glass films, grates, and screens are recommended. Netting or any other method demonstrated to protect historic buildings from pest species that meets the Specifications for Bird-Safe Glazing Treatment stated above also may be used to fulfill the requirement.
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Requirements for Dwelling Units. In each Dwelling Unit in any use district, the required windows (as defined by Section 504 of the San Francisco Housing Code
) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code
shall face directly onto an open area of one of the following types:
(1) A public street, public alley at least 20 feet in width, side yard at least 25 feet in width, or rear yard meeting the requirements of this Code; provided, that if such windows are on an outer court whose width is less than 25 feet, the depth of such court shall be no greater than its width; or
(2) An open area (whether an inner court or a space between separate buildings on the same lot) which is unobstructed (except for fire escapes not projecting more than necessary for safety and in no case more than four feet six inches, chimneys, and those obstructions permitted in subsections 136(c)(14), (15), (16), (19), (20) and (29) of this Code) and is no less than 25 feet in every horizontal dimension for the floor at which the Dwelling Unit in question is located.
(3) In accordance with Section 210.5, this Section 140 shall not apply to Commercial to Residential Adaptive Reuse projects.
(b) Requirements for Group Housing. For group housing projects, either each bedroom or at least one interior common area that meets the 120 square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall include windows meeting the requirements of subsections (a)(1) or (a)(2) above. The requirements of this subsection (b) may be waived by the Zoning Administrator per Section 307(m) of this Code.
(c) Exceptions.
(1) For historic buildings identified in Section 307(h), and for the conversion of a nonconforming use in an existing building to a Residential Use in a district where the Residential Use is principally permitted, the requirements of this Section 140 may be modified or waived pursuant to the procedures and criteria set forth in Sections 307(h) and 329. This administrative exception does not apply to new additions to historic buildings.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 164-15
, File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
[Former] division (b) amended; Ord. 196-11
, Eff. 11/3/2011. Divisions (a), (a)(1), and [former] (b) amended; Ord. 232-14
, Eff. 12/26/2014. Division (a) amended; new division (b) added and former division (b) redesignated as (c); Ord. 164-15
, Eff. 10/23/2015. Diagram amended; other nonsubstantive changes; Ord. 188-15
, Eff. 12/4/2015. Division (c) content redesignated as (c)(1); division (c)(2) added; Ord. 195-18, Eff. 9/10/2018. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (a)(3) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (a)(2) amended; Ord. 248-23, Eff. 1/14/2024. Division (c)(2) amended; Ord. 62-24, Eff. 4/28/2024.
Editor's Note:
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
Buildings with 20 or more Efficiency Dwelling Units with reduced square footage, as defined in Section 318 of this Code, shall include at least one common room for use by the residents. Such common room(s) may be used as study or reading rooms, shared kitchen or dining facilities, media rooms, game rooms, fitness facilities, or similar uses appropriate to the needs of residents. Interior common areas shall be of sufficient size to reasonably accommodate residents' needs, but in no event shall the area required be less than ten square feet per unit.
(See Interpretations related to this Section.)
(a) In R, NC, C, M, WMUG, WMUO, RED, RED-MX, SALI and Mixed Use Districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a building shall be arranged so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing buildings that results in significant changes in such rooftop equipment and appurtenances. The features so regulated shall in all cases be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design of the building. Minor features not exceeding one foot in height shall be exempted from this regulation.
(1) the enclosure or screening is designed as a logical extension of the building form and an integral part of the overall building design;
(2) its cladding and detailing is comparable in quality to that of the rest of the building;
(3) if enclosed or screened by additional volume, as authorized by Section 260(b), the rooftop form is appropriate to the nature and proportions of the building, and is designed to obscure the rooftop equipment and appurtenances and to provide a more balanced and graceful silhouette for the top of the building or structure; and
(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.
(c) In Mixed Use Districts, mechanical equipment and appurtenances shall be enclosed in such a manner that:
(1) the enclosure is designed as a logical extension of the building form and an integral part of the overall building design;
(2) its cladding and detailing is comparable in quality to that of the rest of the building;
(3) if screened by additional volume, as authorized by Section 260(b), the rooftop form is appropriate to the nature and proportions of the building, and is designed to obscure the rooftop equipment and appurtenances and to provide a more balanced and graceful silhouette for the top of the building or structure; and
(4) the additional building volume is not distributed in a manner which simply extends vertically the walls of the building.
(d) Off-street parking or freight loading spaces shall only be permitted on unenclosed rooftops when the parking area is screened with fencing, trellises and/or landscaped screening features such that parked vehicles cannot be easily viewed from adjacent buildings, elevated freeways or public vista points.
(Ord. 532-85, 1985; amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
Off-street parking and Vehicular Use Areas adjacent to the public right-of-way shall be screened as provided in this Section 142. Where an existing Automotive Use converts to an Electric Vehicle Charging Location, the requirements of this Section shall not apply.
(a) Screening of Parking and Vehicular Use Areas less than 25 Linear Feet Adjacent to a Public Right-of-Way.
(1) Every off-street parking space within a building, where not enclosed by solid building walls, shall be screened from view from all Streets and Alleys through use of garage doors or by some other means.
(2) Along rear yard areas and other interior open spaces, all off-street parking spaces, driveways and maneuvering areas within buildings shall be screened from view and confined by solid building walls.
(3) Off-street parking spaces in Parking Lots shall meet the requirements of Section 156 and other applicable provisions of Article 1.5 of this Code. Such parking areas shall be screened from view as provided in Section 156(c) of this Code.
(b) Vehicular Use Areas That Are Greater than 25 Linear Feet along the Public Right-of-Way. All lots containing Vehicular Use Areas where such area has more than 25 linear feet along any public right-of-way shall provide screening in accordance with the requirements of this Section 142 and the Ornamental Fencing definition in Section 102. The following instances shall trigger the screening requirements for these Vehicular Use Areas:
(1) Any existing Vehicular Use Area that is accessory to an existing Principal Use if such use expands Gross Floor Area equal to 20% or more of the Gross Floor Area of an existing building;
(2) Any repair, rehabilitation, or expansion of any existing Vehicular Use Area, if such repair, rehabilitation or expansion would increase the number of existing parking spaces by either more than 20% or by more than four spaces, whichever is greater; or
(3) The excavation and reconstruction of an existing Vehicular Use Area if such excavation and reconstruction involves the removal of 200 square feet or more of the asphalt, concrete or other surface devoted to vehicular use. This provision does not apply to the resurfacing due to emergency work to underground utilities if such work is intended to maintain safety or other public purpose beyond the control of the property owner.
(c) Perimeter Screening. All Vehicular Use Areas that are greater than 25 linear feet adjacent to the public right-of-way shall provide a screening feature around the perimeter of the lot adjacent to the public right-of-way. Screening shall add to the visual diversity of the use and need not be an opaque barrier. This feature shall be at least one of the following:
(1) Ornamental Fencing or a solid wall that is 4 feet in height and a 5 foot deep Permeable Surface with landscaping along the perimeter of the lot that is adjacent to a public right-of-way and compliant with the applicable water use requirements of Administrative Code Chapter 63; or
(2) A combination of permeable landscaping compliant with the applicable water use requirements of Administrative Code Chapter 63 and Ornamental Fencing where the Permeable Surface and landscaping is the equivalent area of a 5 foot deep average perimeter landscaping that has been otherwise configured to result in either: (A) a public space or amenity that is accessible from the public right-of-way or (B) a natural drainage system, such as combined swales, retention basins, detention basins or rain gardens, to reduce stormwater runoff.
(d) Modification of Perimeter Screening Requirements. The Zoning Administrator is authorized to modify the requirements of subsection (c), thereby allowing alternative landscape treatments to partially or wholly satisfy this screening requirement provided that alternative landscape treatments such as landscaped berms, perimeter plantings, pedestrian lighting, benches and seating areas, or additional landscaping and tree plantings are provided elsewhere on the site and will be visible from the public right-of-way or are provided in the public right-of-way as regulated by Section 810B of the Public Works Code. The Zoning Administrator may authorize such modification only upon finding that the proposed alternative landscape treatment would:
(1) Provide a visual effect that promotes and enhances the pedestrian experience through the use of quality urban design;
(2) Promote the reduction of stormwater runoff; and
(3) Use climate appropriate plant materials, as defined in Public Works Code Section 802.1, that are compliant with the applicable water use requirements of Administrative Code Chapter 63.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
AMENDMENT HISTORY
Division (b)(3) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (a)(1) and (a)(3) amended; Ord. 99-17, Eff. 6/18/2017. Section header, undesignated introductory paragraph, and divisions (a), (a)(3), (b)-(b)(3), (c)-(c)(2), (d), and (d)(2) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (b) and (b)(2) amended; Ord. 63-20, Eff. 5/25/2020. Undesignated introductory paragraph amended; Ord. 190-22, Eff. 10/17/2022.
(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; renumbered by Ord. 108-10, File No. 091275, App. 5/25/2010)
(See Interpretations related to this Section.)
(a) Purpose. This Section is enacted to assure that in RH, RM, RTO and RTO-M Districts the ground story of dwellings as viewed from the street is compatible with the scale and character of the existing street frontage, visually interesting and attractive in relation to the pattern of the neighborhood, and so designed that adequate areas are provided for front landscaping, street trees and on-street parking between driveways. The design of ground story frontages subject to this Section shall also be reviewed for consistency with applicable design guidelines, including the Ground Floor Residential Design Guidelines.
(b) Controls.
(1) Entrances to Off-Street Parking. Except as otherwise provided herein, in the case of every dwelling in such districts no more than one-third of the width of the ground story along the front lot line, or along a street side lot line, or along a building wall that is set back from any such lot line, shall be devoted to entrances to off-street parking, except that in no event shall a lot be limited by this requirement to a single such entrance of less than ten feet in width, or to a single such entrance of less than 8 feet in RTO and RTO-M districts. In addition, no entrance to off-street parking on any lot shall be wider than 20 feet, and where two or more separate entrances are provided there shall be a minimum separation between such entrances of six feet. Lots in RTO and RTO-M districts are limited to a total of 20 feet per block frontage devoted to entrances to off-street parking. Street-facing garage structures and garage doors may not extend closer to the street than a primary building facade unless the garage structure and garage door are consistent with the features listed in Section 136 of this Code. Entrances to off-street parking shall be located at least six feet from a lot corner located at the intersection of two public rights-of-way.
(A) Exceptions. The requirements of this Subsection (1) shall not be applicable where the lot has an upward or downward slope from the front lot line to the forward edge of the required rear yard, along the centerline of the building, of more than 20 percent; or where the lot depth and the requirements of this Code for dimensions, areas and open spaces are such that the permitted building depth is less than 40 feet in an RH-2 District or less than 65 feet in an RH or RM District.
(2) Features To Be Provided. In the case of every dwelling in such districts, no less than one-third of the width of the ground story along the front lot line, along a street side lot line, and along a building wall that is set back from any such lot line, shall be devoted to windows, entrances for dwelling units, landscaping, and other architectural features that provide visual relief and interest for the street frontage.
(3) Parking Setback. In RTO and RTO-M districts off-street parking is not permitted on the ground floor within the first 20 feet of building depth from any facade facing a street at least 30 feet in width, unless such parking occupies the space otherwise used as the drive-aisle or driveway (such as in cases of tandem parking). All off-street parking along these frontages must be wrapped with dwelling units, entrances to dwelling units, commercial uses where permitted, and other uses (other than storage) and building features that generate activity or pedestrian interest.
AMENDMENT HISTORY
Section header and division (a) amended; new division (b) added; former divisions (b) and (c) amended and redesignated as new divisions (b)(1), (b)(1)(A), and (b)(2); former division (d) redesignated as new division (b)(3); Ord. 63-11, Eff. 5/7/2011. Graphical material following division (b)(1)(A) amended; Ord. 56-13
, Eff. 4/27/2013.
(a) General. This Section is enacted to assure than in RM-1 and RM-2 Districts new dwellings will be compatible with the established mixture of houses and apartment buildings in terms of apparent building width, requiring that on wider lots the front of the building be divided visually into narrower segments, according to the predominant existing scale in such areas.
(b) Stepping of Building Height and Walls. Except as provided in Subsection (c) below, in the case of every dwelling in such districts on a lot with a width of more than 35 feet, there shall be a stepping of the building along the front lot line, or along the front of the building where it is set back from such lot line, by at least one of the following methods:
(1) Variation of the upper limit of the front elevation of the building, at intervals of not more than 35 feet, by a minimum of two feet in height. Not less than 30 percent of the width of such elevation shall be varied in this way from the height of the remainder of such elevation. For purposes of this provision, the term "front elevation" shall mean the front wall and other portions of the building to a significant depth on the lot.
(2) Variations of the depth of the front building wall from the front lot line, at intervals of not more than 35 feet, by a minimum of two feet in depth. Not less than 30 percent of the width of such front building wall shall be varied in this way from the depth of the remainder of such wall. For purposes of this provision, the term "front building wall" shall mean such wall exclusive of all projections and other obstructions permitted by Section 136 of this Code for required front setback areas.
(c) Entrances to Dwelling Units. As an alternative to the requirements of Subsection (b) above, there may be provided for such dwelling a minimum of one pedestrian entrance serving a dwelling unit or units within each portion of the front of the building that has a full width of 25 feet.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
AMENDMENT HISTORY
Former Sec. 145 renumbered as this new Sec. 144.1; section header amended; Ord. 63-11, Eff. 5/7/2011.
The purpose of the following controls is to preserve, enhance and promote attractive, clearly defined street frontages that are pedestrian-oriented, fine-grained, and which are appropriate and compatible with the buildings in Commercial, Residential-Commercial, Neighborhood Commercial, Mixed Use, or Industrial Districts.
(Added by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 145.1 is to preserve, enhance, and promote attractive, clearly defined street frontages that are pedestrian-oriented, and fine-grained, and that are appropriate and compatible with the buildings and uses in Neighborhood Commercial Districts, Commercial Districts, Residential-Commercial Districts, and Mixed Use Districts.
(b) Definitions.
(1) Development Lot. A "development lot" shall mean:
(A) Any lot containing a proposal for new construction; or
(B) Building alterations that would increase the gross square footage of a structure by 20 percent or more; or
(C) In a building containing parking, a change of more than 50 percent of the building's gross floor area to or from residential uses, excluding residential accessory off-street parking.
(2) Active Use. An "active use" shall mean any principal, conditional, or accessory use that by its nature does not require non-transparent walls facing a public street or involves the storage of goods or vehicles.
(A) Residential uses are considered active uses above the ground floor; on the ground floor, residential uses are considered active uses only if more than 50 percent of the linear residential street frontage at the ground level features walk-up dwelling units that provide direct, individual pedestrian access to a public sidewalk, and are consistent with the Ground Floor Residential Design Guidelines, as adopted and periodically amended by the Planning Commission.
(B) Spaces accessory to residential uses, such as fitness rooms, community rooms, laundry rooms, lobbies, mail rooms, or bike rooms, are considered active uses only if they meet the intent of this section and directly face the public sidewalk or street.
(C) Building lobbies are considered active uses, so long as they do not exceed 40 feet or 25 percent of building frontage, whichever is larger.
(D) Public Facilities defined in Section 102 are considered active uses except utility installations.
(c) Controls. The following requirements shall generally apply, except for those controls listed in subsections (c)(1) Above Grade Parking Setback and (c)(4) Ground Floor Ceiling Height, which only apply to a “development lot” as defined above and except as specified in subsection (d).
In NC-S Districts, the applicable frontage shall be the primary facade(s) that contains customer entrances to commercial spaces.
(1) Above-Grade Parking Setback. Off-street parking at street grade on a development lot must be set back at least 25 feet on the ground floor and at least 15 feet on floors above, from any facade facing a street at least 30 feet in width. Parking above the ground level shall be entirely screened from all public rights-of-way in a manner that accentuates ground floor uses, minimizes mechanical features and is in keeping with the overall massing and architectural vocabulary of the building. In C-3 Districts, parking above the ground level, where permitted, shall also be designed to facilitate conversion to other uses by maintaining level floors and a clear ceiling height of nine feet or equal to that of the adjacent street-fronting active uses, whichever is greater. Removable parking ramps are excluded from this requirement.
The following shall apply to projects subject to this section:
(A) when only one parking space is permitted. if a space is proposed it must be within the first 25 feet of the building;
(B) when two or more parking spaces are proposed, one space may be within the first 25 feet of the building;
(C) when three or more parking spaces are proposed, all parking spaces must be set back at least 25 feet from the front of the development.
(2) Parking and Loading Entrances. No more than one-third of the width or 20 feet, whichever is less, of any given street frontage of a new or altered structure parallel to and facing a street shall be devoted to parking and loading ingress or egress. In NC-S Districts, no more than one-third or 50 feet, whichever is less, of each lot frontage shall be devoted to ingress/egress of parking. In RED Districts, no more than one garage door shall be permitted per lot, and the garage door shall be limited to no more than 10 feet in width. Street-facing garage structures and garage doors may not extend closer to the street than a primary building facade unless the garage structure and garage door are consistent with the features listed in Section 136 of this Code. The total street frontage dedicated to parking and loading access should be minimized, and combining entrances for off-street parking with those for off-street loading is encouraged. The placement of parking and loading entrances should minimize interference with street-fronting active uses and with the movement of pedestrians, cyclists, public transit, and autos. Entrances to off-street parking shall be located at least six feet from a lot corner located at the intersection of two public rights-of-way. Off-street parking and loading entrances should minimize the loss of on-street parking and loading spaces. Off-street parking and loading are also subject to the provisions of Section 155 of this Code. In C-3 Districts, so as not to preclude the conversion of parking space to other uses in the future, parking at the ground-level shall not be sloped, and the floor shall be aligned as closely as possible to sidewalk level along the principal pedestrian frontage and/or to those of the street-fronting commercial spaces and shall have a minimum clear ceiling height of 14 feet or equal to that of street-fronting commercial spaces, whichever is greater. Removable parking ramps are excluded from this requirement.
(3) Active Uses Required. With the exception of space allowed for parking and loading access, building egress, and access to mechanical systems, space for active uses as defined in Subsection (b)(2) and permitted by the specific district in which it is located shall be provided within the first 25 feet of building depth on the ground floor and 15 feet on floors above from any facade facing a street at least 30 feet in width. Building systems including mechanical, electrical, and plumbing features may be exempted from this requirement by the Zoning Administrator only in instances where those features are provided in such a fashion as to not negatively impact the quality of the ground floor space.
(4) Ground Floor Ceiling Height. Unless otherwise established elsewhere in this Code:
(A) All ground floor uses in UMU Districts shall have a minimum floor-to-floor height of 17 feet, as measured from grade. Ground floor Residential Uses shall also be designed to meet the City’s Guidelines for Ground Floor Residential Design.
(B) Ground floor Non-Residential Uses in all C-3, NCT, DTR, Chinatown Mixed Use, SPD, RED-MX, WMUG, MUG, MUR, WMUO, CMUO and MUO Districts shall have a minimum floor-to-floor height of 14 feet, as measured from grade.
(C) Ground floor Non-Residential Uses in all RC districts, C-2 districts, RED districts, and NC districts other than NCT, shall have a minimum floor-to-floor height of 14 feet, as measured from grade except in 40-foot and 50-foot height districts, where buildings shall have a minimum floor-to-floor height of 10 feet.
(5) Street-Facing Ground-Level Spaces. The floors of street-fronting interior spaces housing non-residential active uses and lobbies shall be as close as possible to the level of the adjacent sidewalk at the principal entrance to these spaces. Street-facing ground-level spaces housing non-residential active uses in hotels, office buildings, shopping centers, and other large buildings shall open directly onto the street, rather than solely into lobbies and interior spaces of the buildings. Such required street-facing entrances shall remain open to the public during business hours.
(6) Transparency and Fenestration. Frontages with active uses that are not PDR must be fenestrated with transparent windows and doorways for no less than 60% of the street frontage at the ground level and allow visibility to the inside of the building. The use of dark or mirrored glass shall not count towards the required transparent area. Buildings located inside of, or within an unobstructed line of less than 300 feet of an Urban Bird Refuge, as defined in Section 139(c)(1), shall follow glazing requirements within Section 139(c) of this Code.
In C-3 zoning districts, for tenant spaces with at least two frontages and active uses that are not PDR, frontages must be fenestrated with transparent windows and doorways for no less than 60% of the street frontage at the ground level or contain window displays of at least four feet in depth to allow visibility to the inside of the building or activate the street.
(7) Gates, Railings, and Grillwork. Except as specified in subsection (d), any decorative railings or grillwork, other than wire mesh, which is placed in front of or behind ground floor windows, shall be at least 20% open to perpendicular view. Rolling or sliding security gates shall consist of open grillwork rather than solid material, so as to provide visual interest to pedestrians when the gates are closed, and to permit light to pass through mostly unobstructed. To ensure sufficient visibility for fire safety, gates that are less than 75% open to perpendicular views shall include a transparent viewing window or grill at least 10 inches in height, which shall be located at least 50-60 inches above the nearest abutting sidewalk. Gates, when both open and folded or rolled, shall be recessed within, or laid flush with, the building facade. Gates and gate mechanisms shall be consistent with any objective design standards that may be adopted by the Planning Commission.
(d) Exceptions.
(1) Exceptions for Historic Buildings. Specific street frontage requirements in this Section 145.1 may be modified or waived by the Planning Commission for structures designated as landmarks, significant or contributory buildings within a historic district, or buildings of merit when the Historic Preservation Commission advises that complying with specific street frontage requirements would adversely affect the landmark, significant, contributory, or meritorious character of the structure, or that modification or waiver would enhance the economic feasibility of preservation of the landmark or structure.
(2) Exception to Gates, Railings, and Grillwork Requirements for Cannabis Retail.
(A) A Cannabis Retail use, as defined in Section 890.125 or Section 102, as applicable, is exempt from the requirements of Section 145.1(c)(7) as provided herein, and may install gates, railings, or grillwork that are less than 20% open to perpendicular view, including features that are fully opaque, provided that such gates, railings, or grillwork are deployed only when the Cannabis Retail use is not open to the public for business.
(B) A Cannabis Retail use that has installed any gates, railings, or grillwork pursuant to subsection (d)(2)(A) shall remove such gates, railings, or grillwork within the earliest of the following:
(i) 90 days after its Cannabis Business Permit issued pursuant to Article 16 of the Police Code is revoked or otherwise rendered invalid;
(ii) 90 days after the Cannabis Retail use ceases regular operation at the premises; or
(C) Any building permit application to install gates, railings, or grillwork pursuant to subsection (d)(2)(A) shall include a statement acknowledging the requirements of subsection (d)(2)(B).
(D) Subsections (d)(2)(A) and (C) shall expire by operation of law three years after the effective date of the ordinance in Board File No. 220971 enacting this subsection (d)(2). In the event a Cannabis Retail use does not procure a building permit pursuant to subsection (d)(2)(A) prior to the expiration of subsection (d)(2)(A), the business shall comply with, and not be exempt from, the requirements of Section 145.1(c)(7). Subsection (d)(2)(B) shall continue to apply after the expiration of subsections (d)(2)(A) and (C).
(E) To deter vandalism of surfaces visible from public sidewalks, any Cannabis Retail use that maintains gates, railings, or grillwork that do not qualify for the exception in subsection (d)(3)(A), and which are less than 20% open to perpendicular view, shall install a mural on the surface of the gate visible from the public sidewalk. The mural required under this subsection (d)(2)(E) shall not be a Sign as defined in Article 6 of this Code.
(3) Exception for Existing Gates, Railings, or Grillwork.
(A) Any Non-Residential use that has not been discontinued or abandoned as of the effective date of the ordinance enacting this subsection (d)(3) and that has gates, railings, or grillwork that are less than 20% open to perpendicular view, including features that are fully opaque, will be deemed in compliance with the requirements of Section 145.1(c)(7), provided that such gates, railings, or grillwork existed and were occupied by the use prior to September 06, 2022, and are deployed only when a business is not open to the public. This subsection (d)(3) does not otherwise exempt a use from any required building permit.
(B) Existing gates, railings, and grillwork permitted pursuant to this subsection (d)(3) shall be treated as noncomplying structures subject to the restrictions on intensification, expansion, and relocation under Section 188(a), and may undergo ordinary maintenance and minor repairs as described in Section 181(b). Cannabis Retail use with gates that qualify as noncomplying structures under this subsection (d)(3) shall not be subject to the requirement for murals under subsection (d)(2)(E).
(C) Any Non-Residential use that seeks to be exempt from the requirements of Section 145.1(c)(7) shall procure a building permit within three years of the date of mailed notice to establish any existing gates, railings, or grillwork as a noncomplying structure pursuant to this subsection (d)(3). In the event a Non-Residential use does not procure a building permit pursuant to this subsection (d)(3) prior to the expiration of three years from the date of mailed notice, the business shall be subject to fines pursuant to Section 176 of this Code until a building permit establishing the existence of the gate prior to September 06, 2022, as specified in subsection (d)(3)(A), is procured. Any Non-Residential use with existing gates, railings, or grillwork that satisfy the criteria set forth in subsection (d)(3)(A) shall continue to be exempt from the requirements of Section 145.1(c)(7), but will be fined monetary penalties for failing to obtain a building permit as required in this subsection (d)(3)(C).
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 199-11
, File No. 110785, App. 10/7/2011, Eff. 11/6/2011; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 105-17, File No. 170156, App. 5/26/2017, Eff. 6/25/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 71-23, File No. 220971, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)
AMENDMENT HISTORY
Section header and division (a) amended; former divisions (b)(2)A.-D. redesignated as (b)(2)(A)-(D); divisions (c), (c)(1) and (c)(2) amended; Ord. 63-11, Eff. 5/7/2011. Division (c)(4)(B) amended; Ord. 196-11
, Eff. 11/3/2011. Division (c)(6) amended; Ord. 199-11
, Eff. 11/6/2011. Divisions (c)(2) and (c)(4)(B) amended; Ord. 42-13
, Eff. 4/27/2013. Division (b)(2)(D) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(4)(A) amended; Ord. 105-17, Eff. 6/25/2017. Divisions (c)(4)(A) and (B) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (c)(4)(A), (c)(4)(C), and (c)(6) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a), (c), and (c)(4)(B) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (a), (c), (c)(7) amended; division (d) redesignated as (d)(1), divisions (d)(2)-(d)(3)(C) added; Ord. 71-23, Eff. 6/3/2023. Undesignated paragraph added to division (c)(6); Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (b)(2)(B) amended; Ord. 248-23, Eff. 1/14/2024. Division (b)(2)(D) amended; Ord. 33-24, Eff. 3/23/2024.
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