(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.