145.1

SEC. 145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. (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 and off-street parking in driveways permitted under Section 152.3 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 must comply with the following requirements: (A) The portion of the frontage with active uses must be fenestrated with transparent windows and doorways for no less than 60% of the area of the ground level façade; and (B) The fenestration required by subsection (c)(6)(A) must allow visibility to the inside of the building that: (i) extends within four feet from the surface of the window glass; (ii) leaves at least 75% of the area inside the building open to perpendicular view within a 4-foot by 4-foot visibility zone; and (iii) provides the aforementioned visibility zone at pedestrian eye level, defined as the space that is between four feet and eight feet in height above the adjacent sidewalk level, following the slope if applicable. See figure, immediately below.

(C) Notwithstanding the transparency requirements of subsection (c)(6)(B), the following features are permitted within the visibility zone: (i) Individual products for sale or used in service and on display inside the building; and (ii) Interior curtains and blinds. (D) The use of dark or mirrored glass shall not count towards the required transparent area in this subsection (c)(6). (E) 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. (F) In C-3 zoning districts, for tenant spaces with at least two frontages, those frontages may contain window displays of at least four feet in depth to allow visibility to the inside of the building or activate the street instead of complying with the requirements of subsection (c)(6)(A)-(B). (7) Gates, Railings, and Grillwork for Historic Buildings. Except as specified in subsection (d), any gates, railings, or grillwork, other than wire mesh, with street frontage at the ground level, shall be at least 75% open to perpendicular view. 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 for Historic Buildings. Specific street frontage requirements in this Section 145.1 may be modified or waived by the Planning Director 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. (4)1 Exceptions to Transparency and Fenestration. The transparency and fenestration requirements in Section 145.1(c)(6) shall not apply to a Production, Distribution, and Repair Use; Child Care Facility; Homeless Shelter; Mortuary; Religious Institution; Reproductive Health Clinic; School Use; and any Social or Health Service Use proposed on-site with either a Homeless Shelter or an affordable housing project that meets the requirements of Section 315(b). (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; Ord. 115-25, File No. 250539, App. 7/17/2025, Eff. 8/17/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 10- 26, File No. 250887, App. 2/13/2026, Eff. 3/16/2026) 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. Division (c)(7) amended; divisions (d)-(d)(1) amended as (d); divisions (d)(2)-(d)(3)(C) deleted; Ord. 115-25, Eff. 8/17/2025. Division (c)(6) amended as (c)(6)- (c)(6)(F); division (d)(4) added; Ord. 124-25, Eff. 9/1/2025. Division (c)(1) amended; Ord. 10-26, Eff. 3/16/2026. CODIFICATION NOTE 1. So in Ord. 124-25. SEC. 145.2. OUTDOOR ACTIVITY AREAS IN NC DISTRICTS. (See Interpretations related to this Section.) The following provisions governing Outdoor Activity Areas shall apply in NC Districts. In order to provide for limited commercial Outdoor Activity Areas, which promote active street life, but do not detract from the livability of surrounding uses, Outdoor Activity Areas in NC Districts shall be regulated below, except in the Outer Clement Street Neighborhood Commercial District, where Outdoor Activity Areas shall be a Principally Permitted Use if they existed prior to 1985. These provisions shall not apply to those Uses excepted from the requirement for location in an enclosed building. (a) An Outdoor Activity Area operated by a Commercial Use is permitted as a Principal Use if located outside a building and contiguous to the front property line of the lot on which the Commercial Use is located. In NC-S Districts, an Outdoor Activity Area is permitted as a Principal Use if located within the boundaries of the property and in front of the primary facades which contain customer entrances and if it does not obstruct pedestrian traffic flow between store entrances and parking facilities. (b) An Outdoor Activity Area which does not comply with the provisions of Paragraph 1 of this subsection (b) is permitted as a Conditional Use. In addition to the criteria of Section 303(c) of this Code, the Planning Commission shall find that: (1) The nature of the activity operated in the Outdoor Activity Area is compatible with surrounding uses; (2) The operation and design of the Outdoor Activity Area does not significantly disturb the privacy or affect the livability of adjoining or surrounding residences; (3) The Hours of Operation of the activity operated in the Outdoor Activity Area are limited so that the activity does not disrupt the viability of surrounding uses. (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 463-87, App. 11/19/87; Ord. 42-89, App. 2/8/89; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY Section header and undesignated first paragraph amended; former division (a) amended and designation deleted (i.e., material retained as undesignated second paragraph); former divisions (a)(1), (a)(2), and (a)(2)(A)-(C) redesignated as current divisions (a), (b), and (b)(1)-(3) respectively; former division (b) deleted; Ord. 235-14 , Eff. 12/26/2014. All divisions amended; Ord. 129-17, Eff. 7/30/2017.