Chapter 94. ZONING AND LAND DEVELOPMENT REGULATIONS

Article IV. DOWNTOWN MASTER PLAN URBAN REGULATIONS

§ 94-109. Definitions and minimum requirements.

Latest version.

The definitions and minimum requirements within this section shall apply to the urban regulations. If a term is not defined in this section, the definition in article XIX shall apply. Minimum requirements are indented below the corresponding definition. The requirements may further reference the applicable table or figure for the specific requirement.

Accessory use means a use of a nature customarily incidental and subordinate to the primary use located on the same lot.

Active use means a use within an enclosed building designed for human occupation with a direct view to adjacent streets or public open space.

Active use requirements:

Active uses are regulated as a percentage of the buildable lot frontage. In those cases where public open space is provided along the frontage line, the open space may be counted as active use as long as active uses are provided on the first floor of the building adjoining the public open space.

See also ground floor active use and active use liner.

Active use, ground floor means an active use that attracts pedestrian activity, provides access to the general public, and conceals uses designed for parking and other non-active uses if present. Ground floor active uses generally include, but are not limited to, retail, other commercial, restaurants, coffee shops, libraries, institution, educational and cultural facilities, residential, and entrance lobbies.

Active use liner means an active use that serves to conceal uses designed for parking and other non-habitable uses. Active liner uses generally include, but are not limited to, commercial, residential, hotel, office and the commercial uses associated with live/work.

Active use liner requirement:

Refer to Figure IV-3.

Active use liner depth means the minimum depth of an active use liner, measured generally perpendicular to the building frontage.

Active use liner depth requirements:

Active use liner depth minimums shall comply with the individual subdistrict building requirements table.

Those portions of active use liners which exceed the minimum frontage requirements required by the building requirements tables may have a minimum depth of 15 feet.

When a parking structure is the primary use, the active use liner may be reduced to a minimum of 15 feet.

Refer to Figure IV-3.

Active use-non means a building use which is generally not intended for human occupation. Non-active uses include, but are not limited to, parking and building service areas such as storage, mechanical, electrical and trash.

Active use-non requirement:

Architectural treatment shall be provided for all non-active use facade elevations.

Architectural features means building components attached to or part of a facade and consisting generally of projections intended to provide architectural character and facade articulation. Architectural features include, but are not limited to, arbors and trellises; architectural screens, louvers and shading devices; cornices; pilasters; planar breaks, horizontal projections and recesses; planter boxes or vegetated screens; projecting fenestration and frames; structural components; belt courses; and material changes.

Architectural features requirement:

Refer to Table IV-5.

Architectural treatment means the provision of architectural and/or landscape elements on a facade which serve to visually screen non-active uses.

Architectural treatment requirements:

Architectural treatment shall be provided for all non-active use facade elevations and shall be integrated with the design of adjacent active use facades.

Architectural treatment shall be provided through a combination of two or more treatments including, but not limited to, the use of materials and construction assemblies; the continuation of fenestration patterns, architectural features, articulation and rhythm; the application of architectural screens, meshes, louvers, and glass; the incorporation of vegetated surfaces and planters; and the provision of signage, graphics, and architectural lighting.

Architectural treatment does not include the application of paint and faux treatments; scoring, construction joints or material projections less than four inches in height, width or depth. These elements are permitted, but they do not fulfill the requirements of architectural treatment.

Refer to Figure IV-4.

Awning means a roof-like projection without vertical supports generally placed above windows and doorways to provide pedestrian protection from sun and rain, and to enhance building facades and storefronts with color and dimension.

Awning requirements:

The type of awning used and its form, materials and color shall be consistent with the design character of the building to which it is attached.

Awnings shall be located between, rather than across, significant vertical architectural features that make up the composition of the facade, such as pilasters or protruding columns. Awning framing shall align with storefront framing.

Vinyl and plastic awnings are prohibited unless treated in a manner so as to appear similar to canvas or other natural materials in texture and color.

When used, lighting for awnings shall be from fixtures located above the awning and shall be designed and placed to enhance the appearance of the building. Internally illuminated awnings are prohibited.

Refer to Table IV-5 and Figure IV-5.

Balcony means a horizontal projection above the ground floor that is unenclosed and designed for human occupation.

Balcony requirement:

Refer to Table IV-5 and Figure IV-5

Bed and breakfast establishment means an originally constructed residential structure rehabilitated as a place of temporary lodging and which may serve breakfast to its guests.

Bed and breakfast establishment requirements:

A maximum of eight rooms shall be permitted for rent for a length of stay not to exceed 14 days.

Bed and breakfast establishments shall have living quarters for the owner or manager.

The establishment shall not have cooking facilities or equipment in guestrooms; and the only meal served to guests shall be breakfast.

The minimum room size shall be 250 square feet.

The maximum number of rooms may be increased from eight rooms up to 12 rooms, provided a class B special use permit is obtained.

Blank wall means any portion of a facade that: has an area greater than 20 percent of the entire facade elevation that is absent of fenestration and is absent of a planar break of at least two feet in depth.

Blank wall requirements:

Blank walls visible by the general public from adjacent streets, public areas or adjacent buildings are prohibited. All building facades shall incorporate facade articulation.

Refer to Figure IV-6.

Buildable lot frontage. See "Lot frontage, buildable."

Building frontage means the horizontal linear measurement of a building facade that is generally parallel, facing, or oriented toward a street.

Building frontage requirement:

Refer to Figure IV-7.

Canopy means a roof-like projection without vertical supports generally placed above primary building entrances or important public open spaces to provide facade hierarchy and pedestrian orientation. Canopies are distinctive from awnings in that they are larger in scale and limited in number.

Canopy requirements:

Canopies shall be limited to no more than two occurrences per building frontage and no more than eight occurrences per building.

Refer to Table IV-5 and Figure IV-5.

Civic use means premises used primarily for public education, cultural performances, gatherings and displays administered by nonprofit cultural, educational, governmental, and religious organizations.

Colonnade means a horizontal projection which is open, continuous, roofed or covered, and unglazed and which includes vertical supports which extend from the ground.

Colonnade requirements:

Colonnade height shall generally align with and be limited to the ground floor/story building height and shall not have enclosed uses above.

Colonnades shall have a consistent depth which generally matches those of neighboring building colonnades or arcades, if present.

Colonnades which encroach beyond the minimum setback or into an adjacent public right-of-way shall only be permitted on Rosemary Avenue building frontages.

Refer to Figure IV-5.

Commercial use, other means premises used generally for the sale of merchandise, materials or services, including, but not limited to, barber and beauty shops; clubs and lodges; exercise studios and health clubs; financial institutions and banks directly serving to the public; laundry and dry cleaning establishments with no cleaning on premises; music and dance studios; pet grooming establishments; postal services; travel agencies; and printing services.

Commencement of construction means receipt of a validly issued building permit and the initiation of site improvements which affect the vertical construction of the new building. Clearing and grubbing, underground utilities work, and site work are not considered site improvements which affect the vertical construction.

Courtyard means a public or semi-public open space that is partly surrounded by walls or buildings and is open to a public right-of-way or public space on at least one side or portions of its sides.

Courtyard requirement:

Refer to Table IV-6, Table IV-7 and Figure IV-17.

Courtyard, garden means a public or semi-public open space that is partly surrounded by walls or buildings and is open to a public right-of-way or public space on at least one side or portions of its sides, with a higher percentage of vegetated area.

Garden courtyard requirement:

Refer to Table IV-6, Table IV-7 and Figure IV-18.

Courtyard, interior means a private open space that is wholly or partly surrounded by walls or buildings.

Interior courtyard requirement:

Refer to Table IV-6, Table IV-7 and Figure IV-8.

Covered structures means non-habitable areas such as storage areas, restroom facilities, vertical circulation access ways, open air structures such as cabanas, gazebos, trellis and other similar structures which accommodate outdoor common areas.

Covered structures requirements:

Covered structures above the maximum allowable building height are permitted to cover a maximum area of 30 percent of the gross rooftop area. For the purposes of calculating the maximum area, the term "covered structures" shall not include enclosures for screening mechanical systems.

Covered structures above the maximum allowable building height shall not be designed in any manner that would permit the conversion of such structure from non-habitable to habitable space, and shall not include commercial uses. Covered structures shall be compatible with and in proportion to the architecture of the overall building. The following restrictions apply:

Climate-controlled structures are limited to the minimum area necessary to accommodate uses which are secondary and incidental to the primary rooftop amenity. These structures may include saunas and steam rooms and code-required restrooms.

ii.

The supporting restroom facilities shall not exceed 110 percent of the size required by the health department.

iii.

Refreshment service areas are permitted provided such areas do not include cooking facilities and are not climate-controlled.

Open air structures located on the ground floor in "R" subdistricts shall not be subject to these requirements.

Cultural use means uses primarily for the display, performance, or enjoyment of heritage, history, or the arts. This includes, but is not limited to, museums, aquariums, planetariums, indoor motion picture theaters, and live performing arts theaters. For cultural uses permitted within the required retail frontage on properties fronting Clematis Street and Rosemary Avenue, such cultural establishments shall be limited to indoor motion picture theaters and live performing arts theaters.

Curb cut means the interruption of the street curb for the purposes of vehicular or pedestrian access.

Curb cut; drop curb requirements:

The horizontal dimension of curb cuts shall not exceed 25 feet from face-of-curb to face-of-curb, excluding radius or chamfered transitions.

The number of permitted curb cuts is dependent on subdistrict location and adjacency to right-of-way street designations.

Refer to Table IV-11.

Density means permitted dwelling units per lot area expressed in units per acre.

Design arts related use means uses that include, but are not limited to, architects, landscape architects, artist's studios, graphic designers, interior designers, photographers, culinary arts, flower shops, arts production, dance and music studios, film production, various crafts, fashion designers, merchandising studios, and related studios.

Drop curb. See "Curb cut."

Dwelling unit. See article XIX.

Dwelling unit requirements:

Dwelling units shall not be less than 550 square feet. In multiple dwelling unit buildings, the cumulative average of all dwelling units shall not be less than 800 square feet.

Smaller dwelling units may be allowed as micro-units. The cumulative average size minimum shall not be applicable to multiple dwelling unit buildings where micro-units compose a minimum of 80 percent of the total number of units. In all other cases, the cumulative average size of all dwelling units shall not include the micro-units in such calculation. See micro-units.

Encroachment means the maximum allowed projection of a building element beyond the minimum setback or into an adjacent public right-of-way.

Encroachment requirements:

In no case shall encroachments occur within four feet of the back of curb.

Encroachments shall not interfere with street tree placement and the normal envelope of trunk and canopy created by street tree growth.

Refer to Table IV-5.

Envelope means the outermost boundaries of the resultant three dimensional volume within which a building or its related components may be placed. The envelope is established by maximum footprint, minimum setbacks and maximum height.

Envelope requirement:

Refer to Figure IV-9.

Facade means the vertical exterior surface of a building or parking structure which faces a right-of-way or property line.

Facade requirement:

Refer to Figure IV-6.

Facade articulation means the provision of architectural features or treatment on a facade.

Facade articulation requirements:

Architectural features or architectural treatment shall be provided for all facade elevations.

The following shall be permitted, but shall not be considered architectural features or architectural treatments acceptable as facade articulation: inward or recessed projections resulting from required setbacks; paint; faux treatments; building signs, unless fully integrated within an architectural feature; construction joints, scoring, or material applications less than four inches in height, width or depth.

Refer to Table IV-4 and Figure IV-6.

Facade elevation means the entire area of a facade that is visible in a two dimensional architectural elevation drawing, but not including facade areas that abut buildings on separate lots with zero setbacks and are therefore fully hidden from view.

Facade elevation requirements:

Facade elevation area is used to measure blank walls and determine when facade articulation is required.

Refer to Figure IV-6.

Fence means a freestanding structure of any material or combination of materials erected for confinement, screening, or partition purposes.

Fence requirements:

Fences in R subdistricts shall be a maximum height of four feet within the front yard setback and six feet when located behind the front setback, except as expressly provided in BPD-R. In all other subdistricts, fences along a lot frontage shall be a maximum height of four feet and fences in rear and side setbacks shall be a maximum height of six feet.

Fences abutting the railroad right-of-way shall be a maximum height of eight feet.

Chain-link fences are prohibited in the urban core planning area. Where allowed, chain link fences shall be vinyl-coated.

Fenestration means the arrangement and design of windows, doors, and openings in a building.

Fenestration requirement:

Refer to Figure IV-4.

Floor area ratio (FAR) means the ratio of the gross building area to the total lot area.

Floor area ratio requirement:

Refer to Figure IV-10.

Footprint means the maximum horizontal coverage of a lot by a building and its related components.

Footprint requirements:

Footprint is measured as a maximum percentage of lot area.

Footprint calculations shall exclude structures such as rooftop decks, pools, awnings, and canopies, driveway areas outside of minimum setbacks, fences, balconies, or porches.

Refer to Figure IV-11.

Footprint length means the maximum horizontal dimension of a footprint, measured generally perpendicular to the lot frontage.

Footprint length requirement:

Refer to Figure IV-12.

Footprint separation means the minimum allowable horizontal distance between two or more footprints on the same lot.

Footprint separation requirements:

The minimum footprint separation for a podium shall be 60 feet and is applicable only when a maximum footprint length is required.

Refer to Figure IV-12

Ground floor active use. See "Active use, ground floor."

Gross building area means the total floor area of a building, including air-conditioned or fully enclosed storage spaces, enclosed areas on the rooftop, such as bathrooms and lobbies, stairs and elevator areas, and external unenclosed circulation areas. The gross building area does not include parking areas; unenclosed colonnades, porches and balconies; mechanical and electrical spaces; and trash rooms. Storage spaces without windows and enclosed by surfaces that allow for natural ventilation or outside air circulation shall not be included.

Gross building area requirements:

Any portion of the parking area which exceeds the maximum parking ratio shall be included in the calculations of gross building area. This shall include stalls and all associated circulation areas.

Parking located below grade shall not be counted as part of the gross building area.

The gross building area shall be measured from the outside face of exterior walls.

Ground floor means the street-level story of a building.

Height means the maximum vertical extent of a building or structure that is measured as a number of stories not to exceed a vertical dimension in feet.

Height requirements:

Height is calculated from the average elevation of the adjacent public sidewalk or the crown of the road if no sidewalk exists to the top of the highest story or, in the case of pitched roofs, to the average height between the bottom of the eave and the peak of the roof.

Height limits do not apply to vertical projections not intended for human occupation such as, decorative roofs, parapets, masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, solar energy systems and similar structures.

Refer to Figure IV-13.

Horizontal projection. See "Projection, horizontal".

Hotel. See article XIX.

Hotel requirement:

Hotel rooms shall be a minimum size of 325 square feet.

Hotel, boutique means a hotel use that provides an intimate "design hotel" with personalized accommodation, services and facilities.

Hotel, boutique requirements:

Boutique hotels shall provide no more than 150 rooms, with each room having a floor area not less than 325 square feet.

Hotel, full-service means a hotel use that provides a complete range of amenities to guests including, but not limited to, restaurants, bars, pools, and meeting areas, in addition to lodging.

Hotel, full-service use requirements:

Full-service hotels shall provide no less than 200 rooms, with each room having a floor area not less than 350 square feet.

Full-service hotels are encouraged to have a minimum 5,000 square feet of meeting space and a minimum 2,500 square feet restaurant/bar use, including preparation areas.

Condo/hotels and time shares are not considered full-service hotels.

Interior courtyard. See "Courtyard, interior".

Landscape buffer means a continuous edge of land provided along the perimeter of a lot where landscaping is used to screen or transition one use from adjacent uses or public areas.

Landscape buffer requirements:

Landscape buffers shall be provided between surface parking and all adjacent property lines and rights-of-way.

Landscape buffers shall comply with the requirements of subsection 94-443(a)(2).

Light industrial means uses engaged in manufacturing, compounding, processing, packaging, assembly, treatment, incidental storage and sale or distribution of finished or semi-finished products from previously prepared materials.

Light industrial requirement:

All manufacturing activities shall be conducted wholly within an enclosed building or within an outdoor screened area.

Live/work means a type of mixed-use development that combines a nonresidential use with a residential dwelling unit.

Live/work requirements:

Both uses shall be occupied by a common owner or tenant.

When on the ground floor, live-work units shall be two stories in height or include a mezzanine level. The ground floor shall be restricted to those commercial uses permitted within the subdistrict. The full conversion of the unit or lease space into a residential use shall be prohibited.

Lot means a parcel of land possessing specific boundaries established by a legal instrument such as a deed or recorded plat, recognized as a separate legal entity for purposes of transfer of title. The term "lot" will be construed to include the terms "site", "parcel", "property" and any other similar undefined term. Lots must meet minimum lot area and setback standards in order to be developed, where applicable. Lots shall be joined by a unity of title for development purposes.

Lot area means the total horizontal area of a lot defined by the lot line.

Lot frontage means the dimension of a lot line, measured in a single plane, which abuts a public right-of-way or public space.

Lot frontage requirement:

Refer to Figure IV-14.

Lot frontage, buildable means all or a portion of a lot line parallel to the street or public space, measured in a single plane, less applicable setbacks.

Buildable lot frontage requirement:

Refer to Figure IV-14.

Lot line means the defining boundary line(s) of a lot.

Major amendment means a substantial modification of an approved site plan including, but not limited to, an increase in the total square footage of any building, an increase in the total number of dwelling units, a change of use, a change on the building footprint or building elevation.

Mezzanine means a partial story that may occur only between the first and second story and shall be utilized for functions ancillary to ground floor uses.

Mezzanine requirements:

All mezzanine areas shall count toward the maximum allowed FAR.

When the mezzanine area is greater than 50 percent of the ground floor area, it shall count as a full story when calculating building height.

Refer to Figure IV-25.

Micro-unit means a small residential unit with a total square footage between 300 square feet and 549 square feet, with a fully functioning kitchen and bathroom.

Natural disaster means a destruction caused by natural forces such as hurricane, tornado, wild fire or flood, rather than by human action.

Net interior area means, for the purpose of calculating parking requirements, the total floor area, less areas dedicated to public lobbies and corridors, exterior wall assemblies, stairwells, elevator shafts, mechanical, electrical and trash rooms.

Non-active use. See "Active use, non-".

Office means premises used for conducting the affairs of a business, profession, service industries, or government, including administrative and clerical work such as, but not limited to, insurance agencies; brokerages; real estate; financial institutions and banks not serving general public; government offices and public utilities offices, TV and radio studios, and other professional offices medical and nonmedical. Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

Office, class A means an office space in a building that can be characterized as having a location and access which attracts high quality tenants, and is managed professionally. Building materials are high quality and rents are competitive with other new buildings. High quality and significant convenient amenities such as banks, sky lobbies, covered parking, restaurants and health clubs help to differentiate this office type.

Office, class A use requirement:

For the purpose of the incentive programs included on section 94-133, a class A office minimum floorplate shall be 18,000 square feet and the minimum total area dedicated to class A office shall be 200,000 square feet pursuant to section 94-133.

Open space means an improved outdoor area open to the sky.

Open space requirements:

An open space may be one of three types: public, semi-public or private.

Open space is measured as a percentage of lot area or through dimensional requirements depending on the open space type and subdistrict location as provided in the open space standards.

Open space measurements shall not include areas within the minimum setbacks with the exception of walk-up gardens and front yards which may be included.

Refer to Figure IV-15.

Open space, private means open space that is intended solely for the use of building occupants. Private open space generally includes, but is not limited to, rooftop gardens and interior courtyards.

Private open space requirements:

Open space may occur anywhere within the building envelope or on rooftops.

Refer to Table IV-7.

Open space, public means a ground floor open space for public use and access abutting a public street on at least one side and with unencumbered pedestrian access from the public sidewalk or right-of-way for the general public at all times.

Public open space requirements:

Public open spaces shall comply with federal ADA requirements.

Public open spaces shall abut an active use.

Public open spaces shall not provide vehicular access not specifically related to the maintenance of the public open space.

Public open spaces shall not be located adjacent to curb cuts, driveways, or parking access ramps, except outdoor passenger drop-off areas.

Public open spaces shall provide bollards, curbs, wheels stops or other similar features to ensure that the area is not used for parking or vehicle use.

Public open spaces shall not be occupied by mechanical equipment, dumpsters or service areas.

Public open spaces shall be designed to meet the tenets of Crime Prevention Through Environmental Design (CPTED).

Public open spaces shall not be located adjacent to building mechanical spaces, equipment or service areas, trash pick-up, loading or unloading areas, etc.

Public open spaces are privately owned and maintained.

10.

Refer to Tables IV-6 and IV-7 and Figures IV-15 through Figure IV-20.

Open space, semi-public means a ground floor open space intended primarily for use by building occupants but may have limited public access.

Semi-public open space requirements:

Semi-public open space shall abut a public sidewalk and have visual access for the general public.

Refer to Tables IV-6 and IV-7.

Open space, urban means the zoning designation given to city-owned properties intended for public use as passive or active recreation areas.

Urban open space requirements:

Accessory structures such as, but not limited to, community centers, restroom facilities, park ranger stations, equipment sheds, and other similar structures are allowed.

Existing civic uses collocated within an urban open space are allowed to remain. Reconstruction or additions to such civic uses shall be allowed provided the area generally occupied by the existing use is not expanded by more than ten percent.

Parking is required as follows:

Parking for passive or active recreation areas is not required.

ii.

Parking for other allowed uses such as community centers shall be provided according to Table XV-6.

Outbuilding means a separate accessory building in addition to, and in the rear yard of a single-family structure.

Overhead cover means, for the purpose of the open space requirement, any permanent overhead structure intended to provide protection from sun or rain or, in the case of passageways, to provide pedestrian or vehicular connections between buildings. Overhead cover includes, but is not limited to, awnings, canopies, colonnades, pergolas, trellises or other similar structures.

Parking means uses or areas of a building intended primarily for the storage of motor vehicles and associated vehicle movement and maneuvering areas.

Parking requirements:

Parking shall be considered a non-active use.

Refer to section 94-111.

Parking, automated means a mechanical parking system that is fully functional without the employment of a full-time parking attendant or valet.

Automated parking requirement:

Refer to section 94-111.

Parking, commercial means a parking structure or surface parking that is a primary use, is privately owned or leased and charges a fee.

Parking, mechanical means a parking structure where the vertical movement and storage of vehicles is achieved primarily through mechanical devices operated by attendants, and where vehicles are stored at a higher density than typical self-parking ramp-access structures.

Mechanical parking requirement:

Refer to section 94-111.

Parking structure, parking garage means a building, or portion thereof, primarily used for vertical parking, including automated and mechanical parking.

Parking structure requirements:

Parking uses may exceed the maximum building footprints when they provide additional setbacks of 15 feet on all sides for all parking uses. Maximum height for parking structures still applies.

Refer to section 94-111.

Parking, surface lot means a lot, or portion thereof, open to the sky and primarily used for parking more than four motor vehicles at the ground floor.

Surface parking lot requirement:

Surface parking shall be located behind the primary building and screened from view from the right-of-way unless otherwise expressly permitted in the subdistrict requirements.

Parking, tandem means the storage of vehicles one behind the other as opposed to side by side.

Passageway means an open space that provides a pedestrian-only cross-block connection from two or more public rights-of-way or public spaces.

Passageway requirement:

Refer to Table IV-6, Table IV-7 and Figure IV-20.

Passenger loading and drop-off, on-street means a passenger loading and drop-off area that occurs in the area of the street typically devoted to on-street parking.

Passenger loading and drop-off, on-street requirements:

Refer to Table IV-11.

Refer to section 94-111.

Passenger loading and drop-off, cross-block means a driveway that consists of two curb cuts, provides a cross-block connection from two or more public streets and is designed for the loading of passengers.

Passenger loading and drop-off, cross-block requirement:

Refer to Table IV-11.

Passenger loading and drop-off, porte cochere means a driveway that is typically covered, consists of two curb cuts on the same street lot frontage and is designed for the loading of passengers.

Passenger loading and drop-off, porte cochere requirements:

Refer to Table IV-11 and Figure IV-22.

Refer to section 94-111.

Permeable means for the purpose of open space standards a material or a construction assembly's capacity to absorb water or to allow water to pass through.

Permeable requirement:

Permeable areas may include vegetated areas.

Phased development means a development project proposed for construction in several phases.

Planar break means an interruption in a facade consisting of a horizontal recess or protrusion.

Planar break requirements:

For the purpose of facade articulation requirements, the height extension and placement of individual planar breaks may vary, provided that breaks occur for the full height of the podium.

The resultant area at the ground level shall be improved as open space or as an extension of the public sidewalk.

Planar breaks shall not exceed the maximum setback.

Refer to Table IV-4 and Figure IV-21.

Plaza means an improved public open space that abuts and is open to public rights-of-way along a portion of its perimeter.

Plaza requirement:

Refer to Table IV-7, Figure IV-8, Figure IV-15, and Figure IV-16.

Plaza, garden means an improved public open space with higher vegetated area that abuts and is open to public rights-of-way along a portion of its perimeter.

Garden plaza requirement:

Refer to Table IV-6, Table IV-7, Figure IV-15, and Figure IV-18.

Podium means any portion of a building that occurs below a given height, depending on the subdistrict building requirements. The podium is typically comprised of parking uses concealed by ground floor active uses and active use liners.

Podium requirement:

Refer to Figure IV-31.

Porch means an outdoor, at grade, structure attached to a primary structure, generally open on two or more sides, and consisting of a floor and roof.

Porch requirements:

When provided, at least one porch shall be located between the main structure and the adjacent public right-of-way.

Refer to Figure IV-5.

Primary use means the principal or main use of land, structures or buildings, as distinguished from secondary, ancillary or accessory uses.

Private open space. See "Open space, private".

Projection, horizontal means any facade surface or building component which protrudes from the main building facade plane, including, but not limited to, architectural features, awnings, balconies, canopies, colonnades and porches.

Horizontal projection requirement:

Refer to Table IV-5 and Figure IV-5.

Projection, vertical means any building component that protrudes beyond the roof of a building including podiums and towers. Vertical projections are open-air roof-like structures on a roof including, but not limited to, open air decorative or architectural roofs, architectural features, covered structures, pergolas, trellises, fabric structures, parapets, swimming pools and decks, and mechanical rooms or enclosures.

Vertical projection requirements:

Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself such as, but not limited to, cooling towers, elevators, stairs and mechanical penthouses, vent stacks and antennas shall be enclosed and screened in such a manner that the enclosure is designed as an integral part of the overall building design.

Vertical projections may exceed subdistrict height requirements pursuant to Table IV-5.

Rooftop swimming pools and decks and/or whirlpools are permitted as provided in Table IV-5.

Proposed development means the uses, structures and buildings contained in the application for development approval.

Public open space. See "Open space, public".

Recess. See "Projection, horizontal".

Retail use means any store, merchant or organization selling merchandise, goods or food to the general public on the premises. Retail establishments shall not include other commercial or office uses such as, but not limited to, attorneys, insurance agencies, brokerages, real estate, travel agents, banks and other professional offices.

Rooftop garden means a private open space constructed on rooftops that provide recreation amenities for building occupants such as, but not limited to, gardens, observation decks, swimming pools, and running tracks.

Rooftop garden requirements:

Rooftop gardens shall be provided to improve overhead views from neighboring buildings and to aid in the reduction of the urban heat index.

Rooftop swimming pools, decks and whirlpools are permitted as provided in Table IV-5.

Swimming pools and whirlpools shall be surrounded by a minimum five-foot wide walkway.

Refer to Figure IV-23.

Rooftop treatment means the provision of treatment to roof surfaces that aide in reducing urban heat index and the heat island effect.

Rooftop treatment requirements:

Rooftops shall provide roofing materials having a Solar Reflectance Index (SRI) greater than or equal to 78 for roofs with a slope less than or equal to 2:12 or 29 for roofs with a slope greater than 2:12. These requirements shall exclude those areas dedicated to landscape materials.

Rooftop garden shall fulfill the private open space requirements as established in the subdistrict building requirements. When rooftop gardens are provided, they shall comply with the rooftop garden standards.

Refer to Table IV-7.

Seating means, for the purpose of open space standards, any horizontal surface designed for people to sit upon, including, but not limited to, benches, chairs, retaining walls, planter edges, tiers and other similar surfaces.

Seating requirements:

Seating surfaces shall have a maximum height of 24 inches.

Seating surfaces shall have a minimum depth of 16 inches.

Semi-public open space. See "Open space, semi-public".

Setback means for all districts, except R subdistricts, the required minimum or maximum horizontal distance between the back of curb and the nearest building surface. For R subdistricts setback means the required minimum or maximum horizontal distance between the lot line and the nearest building facade or vertical surface.

Setback requirement:

In all subdistricts, excluding R subdistricts, when adjacent to an avenue, primary pedestrian, secondary, or residential street designation, the setback shall be measured from the back of curb. All other setbacks shall be measured from the lot line, including those in R subdistricts.

Where the curb location varies along a property, the back of curb shall be defined as the predominant back of curb line furthest from the center line of the road.

The setback area adjacent to a right-of-way with a street designation shall be improved as an extension of the public sidewalk, shall comply with sidewalk standards, and shall match the design of the public sidewalk as determined by the city.

Within R subdistricts, the setback shall be improved according to the landscape requirements on section 94-442.

Setback areas that are adjacent to a right-of-way with a street designation, excluding residential street designations, shall not include any parking uses or associated landscape buffer, and shall be left free of any structure higher than 42 inches, excluding street signage, lighting and other public improvements, otherwise provided in section 94-128.

Maximum setbacks shall be applicable to all building components, excluding open space, driveways and porte cocheres.

In those cases where no conditional setback is specified, the typical setback applies.

No upper level setback shall be smaller than the minimum ground floor setback or conditional setback if required.

Refer to Figure IV-24.

Signage. See particular sign type.

Sign, building identity means any sign which is located on a building to identify the name of the building or the primary tenant of the building, if one exists.

Building identify sign requirement:

Multiple building identity signs on the same building shall have the same name and/or tenant.

Sign, external sign band means the theoretical zone for any one building into which one or more signs for individual tenants may be placed.

External sign band requirements:

The sign band shall be consistent in its placement on a single building so that signage for multiple tenants are organized in their placement.

Signage within the band shall be affixed flat to the building facade.

Sign, low freestanding means a permanent, freestanding sign mounted on a base or other supports and where the bottom of the sign face is located within three feet of ground level.

Sign, monument means a low freestanding sign which is supported by and integrated with a solid base, as opposed to poles, posts, or other such supports.

Sign, pedestrian blade means a sign which is located near the ground floor, typically hanging below awnings or canopies, and provides information to pedestrians on the sidewalk. Pedestrian blade signs are typically mounted perpendicular to the building facade.

Sign, vertical building means a sign which is taller than it is wide and is generally placed in an orientation perpendicular to the building facade so as to be visible from down the street or sidewalk.

Storefront facade area means an area of the building facade enclosing ground floor active uses and may include fenestration, transparency, opaque materials, signage, etc. Storefront facade area is measured horizontally as the linear dimension of ground floor active uses at the building frontage and vertically from the average public sidewalk elevation to a line ten feet above the average public sidewalk elevation.

Storefront facade area requirements:

A percentage of the storefront facade area shall provide transparency, based on the applicable subdistrict building requirements.

Refer to Figure IV-33.

Story means the vertical space in a building measured between the upper surface of any floor and the surface of the next floor above, or if there is no floor above, then the space between the floor and the uppermost surface of the ceiling assembly or roof above. The number of stories is used to calculate building height.

Story requirements:

Portions of buildings constructed fully below grade shall not count against the number of stories.

Stories partially below grade which extend no more than 24 inches above the average elevation of the adjacent public sidewalk, or the crown of the road if no sidewalk exists, shall not be counted as a story.

Each above grade parking use without active use liners shall be counted as one story for the purposes of measuring building height.

On buildings with multiple frontages, the number of stories shall be calculated based upon the highest level street designation, so long as each building frontage meets or exceeds the required percentage of active uses as provided in the building requirements tables.

Refer to Figure IV-25.

Streetscape means landscape surfaces, both organic and inert, that compose the publicly and privately accessible space adjoining the frontage of a building or property.

Street designation means a street classification system that regulates the characteristics of streets and rights-of-way with respect to spatial dimension, pedestrian and vehicular mobility and building active uses. Street designations consist of four types: avenues, primary pedestrian, secondary and residential.

Street designation requirement:

Refer to Figure IV-26 through Figure IV-29.

Studio means any space that is used for artistic purposes, including the production, study, or teaching of art, music, dance, or other design arts related uses, and is often shared as a living space.

Terrace means, for the purposes of open space standards, a rooftop private open space located within an upper story.

Terrace requirement:

Refer to Figure IV-30.

Tower means any portion of a building that occurs above a given height, or above the podium, depending on the subdistrict building requirements. The tower is typically comprised of active uses only.

Tower requirement:

Refer to Figure IV-31.

Tower floorplate means the maximum average floor area of building stories within the tower, less balconies.

Tower floorplate requirements:

The maximum average floorplate under this requirement shall be calculated as the total cumulative tower floorplate area divided by the number of tower stories.

The maximum average floorplate is dependent on the tower's primary use as follows: Office or mixed-use—average up to 35,000 square feet and a maximum of 45,000 square feet for any single tower floorplate; Residential or hotel—average up to 20,000 square feet and a maximum of 30,000 square feet for any single tower floorplate.

The total cumulative floorplate area at any given story shall not exceed the maximum permitted footprint.

Refer to Figure IV-32.

Tower orientation means the placement of the tower such that it is near, fronting or adjacent to a specified lot boundary or street designation.

Tower orientation requirement:

When a tower is required to be oriented towards a particular street frontage, the order of prominence shall be avenues (most prominent), primary pedestrian, secondary and residential (least prominent).

Tower separation means a minimum allowable horizontal distance between two or more tower floorplates.

Tower separation requirement:

The minimum tower separation shall be 60 feet.

Transparency means building fenestration on nonresidential uses which allows ground floor visual access between a building and its active uses from the public sidewalk.

Transparency requirements:

Transparency may be provided through the use of windows and door glazing as well as unobstructed openings in the building facade.

Transparency is required as a percentage of the storefront facade area.

Refer to Figure IV-33.

Tree canopy means, for the purpose of open space standards, the measure of the upper portion of a tree consisting of limbs, branches and leaves and the anticipated shade coverage on the ground.

Tree canopy requirements:

Trees shall be planted such that the anticipated shade coverage occurs within the open space perimeter.

Trees shall be planted in accordance with sections 94-445 and 94-446.

Large palm species may be utilized for not more than 35 percent of the required tree canopy.

The tree canopy shall be measured as provided in Table IV-8.

Upper story means all stories of a building above the ground floor.

Vegetated area means, for the purpose of open space standards, any surface or area of a surface not greater than four feet in height and occupied by plant materials.

Vegetated area requirements:

A maximum of 20 percent of the required vegetated area may be covered by permeable materials, not including exposed soil.

Vegetated areas shall be planted in accordance with sections 94-445 and 94-446.

Vertical projection. Refer to "Projection, vertical".

Walk-up garden means a semi-public open space designed to buffer ground floor residential uses from the adjacent public sidewalk.

Walk-up garden requirements:

When required, walk-up gardens shall have a minimum depth of seven feet measured horizontally between the building facade and the public sidewalk, and may include an entrance landing and stairs.

Fences, walls or other similar structures shall not exceed four feet in height.

Refer to Figure IV-34.

TABLE IV-4: FACADE ARTICULATION REQUIREMENTS

(NOT APPLICABLE TO BPD-R, LD-R, NWD-R, AND PPD-R, PPD-R-PO SUBDISTRICTS)

FACADE ELEMENT	MINIMUM REQUIREMENT
	GROUND FLOOR & PODIUM	TOWER	NON-APPLICABLE ELEMENTS
Transparency	Ground floor transparency shall be provided pursuant to individual Subdistrict Building Requirements.	—	Tinted or reflective glass.
Fenestration	On facades enclosing active uses, fenestration that covers a minimum of 15% of the facade area shall be provided, except for facades less than 3 feet from a rear or side interior lot line. Fenestration shall occur at each building story containing active uses. NFPA requirements, as amended, shall supersede this requirement.	On facades enclosing active uses, fenestration that covers a minimum of 15% of the facade area shall be provided, except for facades less than 3 feet from a rear or side interior lot line. Fenestration shall occur at each building story containing active uses. NFPA requirements, as amended, shall supersede this requirement.	Painted or faux fenestration.
Architectural Treatment	On facades enclosing non-active uses, architectural treatment shall be provided.	On facades enclosing non-active uses, architectural treatment shall be provided.	1. Paint and faux treatments. 2. Construction joints, scoring, or material applications less than 4 inches in height, width or depth. 3. Building Signs, unless fully integrated within an architectural feature.
Planar Break	For building frontages greater than 150 feet, no facade shall exceed 60% of the building frontage without providing a planar break or multiple planar breaks a minimum of 3 feet in depth. The cumulative horizontal length of all planar breaks shall be greater than or equal to 20% of the building frontage.	Facades less than or equal to 3 feet from a side lot line and not abutting an adjacent building shall incorporate a planar break or multiple planar breaks a minimum of 8 inches in depth. The cumulative horizontal length of all planar breaks shall be greater than or equal to 5% of the facade width.	—
Horizontal Projections	At the ground floor, horizontal projections that have a minimum cumulative horizontal length of 50% of the building frontage shall be provided. When horizontal projections occur at or near a building corner, they are encouraged to wrap the corner.	—	1. Inward or recessed projections resulting from required setbacks. 2. Building signs, unless fully integrated within an architectural feature.
Architectural Features	—	Facades less than or equal to 3 feet from a lot line and not abutting an adjacent building shall incorporate architectural features by providing one or more of the following: 1. Architectural features that cover a minimum of 30% of the facade elevation area and have a minimum projection depth of 4 inches. 2. Vertical architectural features including, but not limited to, columns, pilasters or other vertical features that have a width greater than 4 inches; a projection depth of not less than 4 inches; and occur at horizontal intervals of not greater than 30 feet.	1. Paint and faux treatments. 2. Construction joints, scoring, or material applications less than 4 inches in height, width or depth. 3. Building signs, unless fully integrated within an architectural feature.

TABLE IV-5: PROJECTION STANDARDS

HORIZONTAL PROJECTIONS
BUILDING ELEMENT	MINIMUM VERTICAL CLEARANCE FROM THE SIDEWALK ELEVATION	MINIMUM HORIZONTAL PROJECTION	MAXIMUM HORIZONTAL PROJECTION	MAXIMUM HORIZONTAL ENCROACHMENT
Architectural Features	—	—	—	2 feet
Awning	8 feet	3 feet	8 feet	8 feet
Balcony	—	3 feet	—	5 feet
Canopy	10 feet	8 feet	20 feet	12 feet
Colonnade* (*Rosemary Avenue Building Frontages Only)	10 feet	8 feet unobstructed	20 feet	12 feet
Porch	—	—	—	10 feet
VERTICAL PROJECTIONS
BUILDING ELEMENT	MAXIMUM HEIGHT ENCROACHMENT
Architectural/Decorative Roof	30 feet
Architectural Features	12 feet
Covered Structures	12 feet
Parapet	12 feet
Mechanical Rooms & Equipment	20 feet
Swimming Pools and Decks	8 feet

TABLE IV-6: OPEN SPACE TYPES BY SUBDISTRICT

OPEN SPACE TYPE

DISTRICTS

Urban Core

Special Districts

Residential Enclaves

QBD

QGD

TOD

CWD

FWD

ICD

BPD

NWD

PPD

RPO

PUBLIC

Plaza

—

Garden Plaza

—

Courtyard

—

Garden Courtyard

—

Passageway

—

SEMI-PUBLIC

Courtyard

Walk-up Garden

—

Front Yard

—

PRIVATE

Interior Courtyard

—

Rooftop Garden

Terrace

Garden

—

P — Permitted R — Required RC — Required Conditional — Prohibited

TABLE IV-7: OPEN SPACE STANDARDS

OPEN SPACE TYPE	OPEN SPACE CHARACTERISTICS
	MINIMUM SIZE	MINIMUM PUBLIC RIGHT-OF-WAY ABUTMENT	MINIMUM ACTIVE USE ABUTMENT	MINIMUM SEATING	VEGETATED AREA	OVERHEAD COVER	TREE CANOPY
	UNIT OF MEASUREMENT (refer to open space measurement standard illustrations)
	OPEN SPACE AREA AND/OR ANY ONE OPEN SPACE SIDE	# OF OPEN SPACE SIDES OR % OF OPEN SPACE PERIMETER LENGTH	# OF OPEN SPACE SIDES OR % OF OPEN SPACE PERMETER LENGTH	LINEAR FEET OF SEATING FOR EVERY 30 SF OF OPEN SPACE AREA	% OF OPEN SPACE AREA	% OF OPEN SPACE AREA	% OF OPEN SPACE AREA
PUBLIC
Plaza	900 SF No one side > 5 times any other side	2 sides; or 40%	1 side; or 25%	1	25% Min.	10% Min. 20% Max.	30% Min.
Garden Plaza	900 SF No one side > 5 times any other side	2 sides; or 40%	1 side; or 25%	1.25	50% Min.	—	50% Min.
Courtyard	900 SF No one side > 5 times any other side	1 side; or 20%	1 side; or 25%	1	25% Min.	10% Min. 20% Max.	30% Min.
Garden Courtyard	900 SF No one side > 5 times any other side	1 side; or 20%	1 side; or 25%	1.25	50% Min.	—	50% Min.
Passageway	25 feet Min. for any one side	2 sides; or 5%	1 side; or 40%	ø when passageway area ≤ 7,500 SF; 1 when area > 7,500 SF	ø when area ≤ 7,500 SF; 25% Min. when area > 7,500 SF	25% Max.; Pedestrian & Vehicular Bridge Permitted	ø when area ≤ 7,500 SF; 30% Min. when area > 7,500 SF
SEMI-PUBLIC
Courtyard	20 feet Min.	1 side; or 20%	1 side; or 25%	—	25% Min.	—	30% Min.
Walk-up Garden	7 feet. Min.	1 side	1 side; or 25%	—	40% Min.	—	—
Front Yard	—	1 side	1 side	—	50% Min.	25% Max.; Porches Only	30% Min.
PRIVATE
Interior Courtyard	—	—	—	—	20% Min.	—	40% Min.
Rooftop Garden	—	—	—	—	50% Min. for TOD Subdistricts, otherwise 30% Min.	—	50% Min. for TOD Subdistricts, otherwise 20% Min.
Terrace	—	1 side; or 20%	—	—	20% Min.	—	—
Garden	—	—	1 side; or 25%	—	20% Min.	—	40% Min.

TABLE IV-8: TREE CANOPY STANDARDS

TREE CANOPY AREA MEASUREMENT
TREE CANOPY TYPE	MINIMUM DIMENSION AT TIME OF PLANTING	TREE CANOPY AREA CREDIT
Type 1: Large Tree	12 feet in height and 2 inches in diameter DBH	500 Square Feet
Type 2: Medium Tree	10 feet in height	300 Square Feet
Type 3: Small Tree	8 feet in height	150 Square Feet
Type 4: Large Palm Species	12 feet in height	50 Square Feet

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4331-11, § 2, 3-21-2011; Ord. No. 4596-15, § 2, 10-13-2015; Ord. No. 4690-16, §§ 3, 5(Exh. A), 6(Exh. B), 3-27-2017; Ord. No. 4674-16, § 2(Exh. B), 2-27-2017; Ord. No. 4708-17, § 4, 6-19-2017)

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');