(a) Purpose. Arts activities are encouraged in the Western SoMa Planning Area Special Use District, and especially in the SALI District. Therefore, additional development potential is provided in the SALI District when additional space is provided for the exclusive use of arts activities.
(b) Applicability. This Section shall apply to all properties zoned SALI and a Height and Bulk district of 40-55-X.
(c) Controls.
(1) Additional Height Permitted. In SALI Districts in the 40-55-X Height and Bulk District, buildings are limited to a maximum height of 40 feet unless all of the following criteria are met, in which case they may extend to a maximum height of 55 feet:
(A) At least one Story of the Building, as defined in Section 102, located on the First Story or above, as defined in Section 102 under the definition for Story, is designated for the exclusive use of Arts Activities, as defined in Section 102. If the First Story is designed for the use of Arts Activities, it shall also be permitted to contain lobbies, egress, building services, and other features necessary for the operation of the building and permitted uses elsewhere in the building.
(B) Any such story dedicated to arts activities pursuant to Subsections (2) and (3) below, regardless of its location within the building, shall have a minimum floor-to-floor height of 15 feet.
(2) Timing of Designation. In the case of the new construction of a building that extends beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any designated arts activity story shall be established prior to the issuance of a first building permit or along with any associated Planning Commission action, whichever occurs first. In the case of buildings that were constructed prior to the effective date of this Section that would be expanded such that they would extend beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any such story shall be designated prior to the issuance of any building permit or along with any associated Planning Commission action, whichever occurs first.
(3) Recordation of Designation. Notice of the designation of the arts activities story shall be recorded as a restriction on the deed of the property along with plans clearly depicting the designated story in relation to the balance of the building. A designated arts activity story may be re-designated to a different story within the same building only if the newly designated story meets the minimum criteria listed above. Such re-designation shall follow all required procedures listed in this Section for the initial designation of an arts activities story. In no case may the designated arts activity story be converted to a use other than arts activity without complete removal of all portions of the building that extend above 40 feet in height, exclusive of permitted obstructions under Section 260(b).
AMENDMENT HISTORY
Division (c)(1)(A) amended; Ord. 22-15, Eff. 3/22/2015.