Code Section: 803 (h)

Subject: Vertical controls for office uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

   The intent of this Section is to "preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories" in the UMU and MUG Zoning Districts. This section prohibits new office space on the ground floor of these districts and limits the number of floor that may contain new office space based on the number of floors in the building. Projects adding new office space in these districts must designate all of the building's "office stories" prior to the issuance of any building permit for new or expanded office uses or along with any associated Planning Commission action, whichever occurs first.

   The following interpretations are intended to clarify vertical controls for office uses:

   1.    Basement levels may contain office uses without counting against the maximum number of stories permitted to contain office in Table 803.9(h).

   2.    If an existing building already contains legal office uses on one or more stories, those stories are not required to be designated as office stories per this Section. For example, if a 3-story building is permitted to have one story of office, and the second story already contains office uses, the Project Sponsor may designate the third story for office use. Any legally existing office space in the building outside of the third floor would be a legal nonconforming use.