263.20

SEC. 263.20. SPECIAL HEIGHT EXCEPTION: ADDITIONAL FIVE FEET HEIGHT FOR ACTIVE GROUND FLOOR USES IN CERTAIN DISTRICTS AND ALL GROUND FLOOR USES IN THE R-4 HEIGHT AND BULK DISTRICT. (a) Intent. In order to encourage generous ground floor ceiling heights for commercial and other active uses, encourage additional light and air into ground floor spaces, allow for walk- up ground floor residential uses to be raised slightly from sidewalk level for privacy and usability of front stoops, and create better building frontage on the public street, up to an additional 5' of height is allowed along major streets in NCT districts, or in specific districts listed below, for buildings that feature either higher ground floor ceilings for non-residential uses or ground floor residential units (that have direct walk-up access from the sidewalk) raised up from sidewalk level. (b) Applicability. The special height exception described in this Section 263.20 shall only apply to projects that meet both of the following criteria: (1) project is located in a 30-X, 40-X, or 50-X Height and Bulk District, or in the R-4 Height and Bulk District with a height limit of 40, 50, or 80 feet, as designated on the Zoning Map;

(2) project features ground floor commercial space or other active use as defined by Section 145.1(b)(2) with clear ceiling heights in excess of ten feet from sidewalk grade, or in the case of residential uses, such walk-up residential units are raised up from sidewalk level. (c) One additional foot of height, up to a total of five feet, shall be permitted above the designated height limit for each additional foot of ground floor clear ceiling height in excess of 10 feet from sidewalk grade, or in the case of residential units, for each foot the unit is raised above sidewalk grade.

(Added by Ord. 72-08, File No. 071157, App. 4/30/2008; amended by Ord. 5-10, File No. 090319, App. 1/22/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 170-11 , File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; Ord. 226-12 , File No. 120774, App. 10/29/2012, Eff. 11/28/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13 , File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY [Former] division (b)(2)(D) amended; Ord. 170-11 , Eff. 9/7/2011. Section header and division (b)(1) amended; Ord. 35-12 , Eff. 3/22/2012. Division (b)(2)(B) amended; new [now former] divisions (b)(2)(D) and (F) added; former division (b)(2) (D) redesignated as [former] (b)(2)(E); Ord. 92-12 , Eff. 6/20/12. Section header and division (a) amended; new [now former] divisions (b)(2)(G), (H), (I), and (J) added; Ord. 175-12 , Eff. 9/6/2012. Division (b)(2)(B) amended; division (c) diagram replaced; Ord. 226-12 , Eff. 11/28/2012. Graphical material amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b)(2) and (b)(2)(B) amended; former division (b)(2)(C) deleted; former divisions (b)(2)(D), (E), and (F) redesignated as (b)(2) (C), (D), and (E); former division (b)(2)(G) redesignated as (b)(2)(F) and amended; former divisions (b)(2)(H), (I), and (J) deleted; Ord. 261-13 , Eff. 12/27/2013. Division (b)(2)(B) amended; Ord. 227-14 , Eff. 12/13/2014. Division (b)(2)(B) amended; Ord. 229-15 , Eff. 1/21/2016. Section header and divisions (b)- (b)(1) amended; divisions (b)(2)-(b)(2)(F) and (b)(4)-(6) deleted; division (b)(3) redesignated as (b)(2); Ord. 245-25, Eff. 1/12/2026. Editor's Notes: Ordinance 72-08, approved 4/30/2008, enacted new sections designated 263.18 and 263.20. The editor redesignated those two sections as this Sec. 263.20 and Sec. 263.22, respectively. This section subsequently has been amended under its current number by multiple ordinances, as documented in the history note above. After the addition of this section to the Code, Ord. 200-08, approved 8/22/2008, enacted a new section with the same number as this section. That new section was redesignated and codified as Sec. 263.23 by the editor. SEC. 263.21. SPECIAL HEIGHT EXCEPTIONS: VERTICAL NON-HABITABLE ARCHITECTURAL ELEMENTS IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (a) Purpose. In order to allow for vertical architectural elements on large lots which will mitigate the effect of long, monotonous individual buildings and create visual focal points that build upon the architectural tradition and character of an area, certain architectural elements may be excepted from otherwise applicable height limits. The mostly topographically flat Eastern Neighborhoods, particularly the South or Market, Showplace, and Mission Districts have a strong tradition of larger and longer buildings incorporating vertical architectural elements above the predominant roofline. These vertical elements are proportioned to the building and are generally not visible on the skyline or distant views. (b) Applicability. This Section shall apply to all projects subject to Section 329 in the Eastern Neighborhoods Mixed Use Districts which are also located in Height and Bulk Districts of 85 feet or less. (c) Controls. Additional height for non-habitable architectural building elements, as illustrated in Figure 263.21, may be permitted subject to the 329 procedure for exemptions subject to the following criteria: (1) Only one such element shall be permitted per lot; (2) Such element shall not exceed 1,000 square feet in gross floor area; (3) Such element shall not have a plan dimension greater than 50 feet; (4) The height of such element shall not exceed a height equal to 50 percent of the applicable height limit; and (5) Such elements shall be consistent with the design, materials and character of the building. Figure 263.21

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008) SEC. 263.22. SPECIAL HEIGHT EXCEPTIONS: FULTON STREET GROCERY STORE SPECIAL USE DISTRICT 40-X/50-X HEIGHTS DISTRICT. (a) In the 40-X/50-X Height and Bulk District, as designated on Section Map 2H of the Zoning Map, located within the boundaries Fulton Street Grocery Store Special Use District, height exceptions above the 40-foot base height limit to a maximum of 50 feet may be approved for a project in accordance with the Conditional Use procedures. The criteria for granting such height exceptions shall be those set forth below.