§ 62.505. Street-Level Commercial Use.

(a)

Intent. Street-level commercial uses in downtown areas strengthen economic vitality and diversity. In addition, this type of land use is considered essential to a healthy and vibrant street life. Policy 5.4.11 in the Future Land Use Element of the Growth Management Plan calls for encouraging or requiring street-level commercial uses along certain portions of Orange Avenue and other primary pedestrian streets in Downtown. Street segments hereby designated for mandatory or recommended street-level commercial use are identified in Figure 62.505-1.

(b)

Design Standards. Buildings within the mandatory street-level commercial use areas must be designed, built, and maintained to accommodate street-level commercial uses by conforming to the following minimum requirements:

(1)

Street-level tenant space must average at least 40 feet in depth, except for spaces lining a parking structure.

(2)

Parking structures must be lined at the street level with tenant space at least 18 feet in depth.

(3)

Street-level tenant space must have floor-to-ceiling heights of at least 16 feet.

(4)

At least 30% of the area of the street-level facade (as calculated from grade to ten feet above grade) must be comprised of transparent materials between three feet and seven feet above grade. Reflective glass, spandrel glass, and glass block are not permitted as transparent materials. If transparent materials are located on the street-level facade, but below three feet above grade or above seven feet above grade, then they may count towards the minimum transparency requirements of this part at a two to one ratio.

5.

Security grilles of all types are discouraged. Only open-style grilles that allow visibility into and out of the storefront are allowed. Grilles must be placed on the inside of storefront windows. Roll-up doors and opaque or solid security gates are prohibited.

(6)

Curb-cuts and driveways are prohibited on street frontages within the mandatory street-level commercial use area, except where such a prohibition would make access to a particular site practically impossible.

(7)

The Appearance Review Board or the Historic Preservation Board, whichever has jurisdiction over the proposed work, may approve a minor modification of up to 20% of the numerical standards of this part when unusual site conditions, technical infeasibility, or the desire to preserve a contributing historic structure, would prevent strict compliance with the design standards of this part, provided that the proposed design advances the intent of this part to provide a vibrant, visually appealing, and active street life.

(c)

Allowable Uses. Within the mandatory street-level commercial use area, no more than half of the street frontage of each building may be occupied by uses other than active commercial uses. For the purposes of this part, the term "active commercial use" means light retailing, personal service, indoor recreation, except for discotheques and dance halls, and eating and drinking establishments that open by noon at least five days a week. Banks are not an active commercial use for the purposes of this part. If a building only has one tenant space on the street level, then it may be occupied only by an active commercial use unless an exception is approved pursuant to subsection (e) of this section.

(d)

Orientation Toward Street. All buildings within the mandatory and encouraged street-level commercial use areas must be designed, built, and maintained to promote pedestrian activity by orienting key architectural elements toward the street and sidewalk, especially entryways, which must provide direct access to and from the public sidewalk. The Appearance Review Board or the Historic Preservation Board, whichever has jurisdiction over the proposed work, must find, as a condition of recommending approval or approval with conditions of the proposed work, that the proposed development promotes pedestrian activity as described by this subsection.

(e)

Exceptions for Existing Buildings. For existing buildings, the planning official may permit, by official determination, uses other than active commercial uses to count towards the minimum street-level commercial use requirements of this section, if:

(1)

The use is otherwise permitted in the zoning district, or is a conditional use with a valid conditional use permit.

(2)

No modifications are proposed to the building that would functionally diminish its potential to be used for an active commercial use in the future.

(3)

Existing street level transparency and light transmittance must be maintained or improved.

(4)

The proposed use must exhibit characteristics that enhance the pedestrian experience at the street level through visually appealing or interactive displays, interesting architecture, reception areas, lobbies, or other design features that contribute to the vibrancy of an active commercial street. Private offices will not normally meet this standard, but office uses such as conference rooms or employee break rooms may be acceptable.

Notwithstanding the foregoing, banks and office uses are allowed in contributing historic buildings, and portions thereof, that were historically banks or offices, if alterations to accommodate active commercial uses would compromise the historic integrity of the building.

(f)

Street-Level Commercial Use Incentive. To further promote street-level commercial uses, street-level tenant space of a building built and maintained conforming to the design standards of subsections (b)(1)—(4), of this section, and also without security grilles and curbcuts and driveways, shall not count towards the calculation of the building's floor to area ratio. This incentive is available only to buildings within the encouraged or mandatory street-level commercial use areas.

(Ord. of 7-23-2001, § 40, Doc. #33944; Ord. No. 2012-26, § 5, 8-20-2012, Doc. #1208201201)

(Ord. No. 2012-26, § 5, 8-20-2012)