23.73.014

A. Height exception for street-level uses. In zones with a mapped height limit of 75 feet, an additional 4 feet of height above the height limit of the zone is allowed for structures that include uses listed as required street-level uses in subsection 23.47A.005.D.1 or live-work use if the following conditions are met: 1. The floor-to-ceiling height of the street-level uses or live-work units located at street level is 13 feet or more, except when a character structure is retained according to Section 23.73.015 , the floor-to-ceiling height of the portion of the street-level story above the footprint of the character structure need not exceed the original floor-to-ceiling height of the character structure; 2. The additional height will not permit an additional story to be built beyond the number that could be built under a 75-foot height limit; and 3. The transparency requirements for street-facing facades in subsection 23.47A.008.B.2 are met for the portion of the street-facing facades between 2 feet and 12 feet above the sidewalk. Only clear or lightly-tinted glass shall be considered transparent. For a character structure that is retained in a new project according to Section 23.73.015 , measurement for required transparency of the street-facing facades of the character structure shall be according to the provisions of subsection 23.86.026.B. B. Height exception for lots that include a character structure. In zones with a 75-foot mapped height limit, 10 feet of additional height is allowed above the 75-foot height limit if the following requirements are met: 1. The lot includes a character structure and all character structures on the lot are retained according to the provisions of Section 23.73.015 , unless a departure is approved through the design review process to allow removal of a character structure based on the provisions of subsection 23.41.012.B; 2. The additional floor area above the 75-foot height limit is occupied solely by residential use, except as otherwise permitted by subsection 23.73.014.B.3; and 3. In a project that is permitted the FAR of the underlying zone for non-residential uses under subsection 23.73.009.C, additional floor area permitted above the 75-foot height limit under this subsection 23.73.014.B may be occupied by non-residential uses if a departure is approved through the design review process, provided that there is no additional increase in the FAR for non-residential uses beyond what is otherwise allowed by Section 23.73.009 . The decision to allow a departure shall be based on a determination that the additional height will result in a better design treatment and accommodate features that promote the development objectives of the Pike/Pine Conservation Overlay District by: a. Maintaining greater portions of existing character structures on the lot through design treatments that exceed the minimum standards of subsection 23.73.015.A, retaining an entire character structure, or retaining a large number of character structures if the number and siting of the structures pose severe limitations on the amount of floor area that can be achieved in the new project within the applicable height limit; or b. Providing space for features that enhance pedestrian circulation and walkability in the area, such as through-block pedestrian corridors, or open spaces at locations that support the gateway and open space concepts promoted in the neighborhood design guidelines; or c. Accommodating uses, such as theater space or arts facilities that support the area's arts and culture function but that may have special spatial needs that require additional design flexibility to incorporate them into the project, provided the uses are maintained for the life of the project as provided for in a recorded covenant approved by the Director. C. Height exception for character structure TDP receiving sites. A height exception for character structure TDP receiving sites is allowed according to subsection 23.73.024.B. D. If a project uses more than one of the height exceptions permitted by this Section 23.73.014 , the maximum height shall be the height permitted by the exception allowing the greatest height increase. E. Additional height for rooftop features. For structures using the height exceptions specified in this Section 23.73.014 , additional height is permitted above the maximum height allowed by the exception to accommodate rooftop features as permitted under subsection 23.47A.012.C. (Ord. 125791 , § 104, 2019; Ord. 125429 , § 20, 2017; Ord. 125272 , § 59, 2017; Ord. 124503, § 10, 2014; Ord. 123776, § 9, 2011)