Facilitate Residential Uses Downtown

Planning Code Section 210.5 – Adopting Commercial to Residential Adaptive Reuse Programs

Does not account for Adaptive Reuse projects.

Adopted to facilitate Commercial to Residential Reuse projects, defined as projects that include a change of use of any existing Gross Floor Area from a non-residential use, other than a hotel use, to a residential use.

Planning Code Section 134 – Lot Coverage for C districts

C districts are subject to rear yard setbacks.

Eligible Reuse projects are exempt from this requirement.

Planning Code Section 135 – Usable Open Space 

Dwelling units and group housing are required to provide usable open space.

Eligible Reuse projects are exempt from this requirement.

Planning Code Section 138.1 – Streetscape and Pedestrian Improvements

Streetscape and pedestrian improvements are required.

Eligible Reuse projects are exempt from this requirement.

Planning Code Section 140 – Facing Open Area

Dwelling units to face an open area.

Eligible Reuse projects would be subject to a reduced dwelling unit exposure requirement.

Planning Code Sections 155.1 and 155.2 – Bicycle Parking

Bicycle parking spaces are required in at least the minimum quantities specified.

Eligible Reuse projects are exempt from this requirement.

Planning Code Section 169 – Transportation Demand Management

Does not exempt Adaptive Reuse projects.

Eligible Reuse projects are exempt from this requirement.

Planning Code Section 207.7 – Dwelling Unit Mix

Ensures an adequate supply of family-sized units in new housing stock; new residential construction must include a minimum percentage of units of at least two or more bedrooms.

Eligible Reuse projects are exempt from this requirement.

Planning Code Sections 202.10(b)(1) and (b)(2) – Intermediate Length Occupancy controls

Does not account for Adaptive Reuse projects.

Intermediate Length Occupancies would be principally permitted and exempt, regardless of the number of units in the Adaptive Reuse project.

Planning Code Section 309 – Hearing and Review Process

Governs approval of permits in the C-3 district. Project sponsors may seek exceptions from certain Planning Code standards through the Section 309 review process. A public hearing is required for projects that result in a net addition of more than 50,000 square feet of gross floor area, including the construction of a new building greater than 75 feet in height or a vertical addition to an existing building that results in a total building height greater than 75 feet, or that require an exception.

Eligible projects would not be subject to the hearing requirements of Planning Code Section 309 unless the project seeks exceptions not otherwise waived or modified in Section 210.5. The height triggers for a Section 309 Planning Commission hearing also would be increased from 75 feet, such that a Planning Commission hearing would be required for new construction that would exceed 120 feet in height and for vertical additions that would cause a building to exceed 120 feet.

Planning Code Section 260 – Height Limits

Does not account for modifications to the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses, including restrictions applicable to existing buildings in the C-3 district.

Modifies the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses, including restrictions applicable to existing buildings in the C-3 district.

Economically Revitalize Downtown

Planning Code Section 102 – Flexible Workspace

Does not account for Flexible Workplace.

Defines Flexible Workspace as: “Retail Sales and Service Use that is a combination of any uses within the Retail Sales and Service use category or a General Entertainment Use that operates in conjunction with a principally or conditionally permitted Non-Retail Sales and Service Use other than a Commercial Storage, Wholesale Sales, or Wholesale Storage Use.”

Planning Code Section 145.4 – Required Ground Floor Commercial Uses

Does not account for Flexible Workplace in the C-3 district.

Allows Flexible Workspace as an active ground floor commercial use along certain street frontages in the C-3 district.

Planning Code Section 121.6 – Large Scale Retail Uses

Certain large-scale retail uses are conditionally permitted or not permitted at all in the C-3 district.

Authorizes large-scale retail uses (uses in excess of 50,000 gross square feet) in the C-3 district.

Planning Code Section 145.1 – Window Displays

Does not account for the C-3 zoning district.

Allows window displays of at least four feet in depth in the C-3 district.

Planning Code Section 204.3 – Accessory Storage

Does not account for the C zoning districts.

Allows accessory storage in C districts.

Planning Code Section 205.1 – Temporary Installation

Does not account for the C-3-R zoning district.

Allows the temporary installation for 60 days of certain signs in the C-3-R district.

Planning Code Section 205.2 – Pop-up Activation

Allows for pop-ups for a 60-day limit.

Allows temporary pop-up non-residential uses in vacant spaces for up to one year in parcels in C-2 and C-3 districts east of or fronting Franklin Street/13th Street and north of Townsend Street, NC, NCT, or Mixed-Use Districts. This would include formula retail if that use is permitted in the underlying zoning district.

Planning Code Section 210.1 – C-2 Districts, Community Business

Laboratory, Life Science, and Agricultural and Beverage Processing are not permitted in C-2 districts. Animal Hospitals are conditionally permitted in C-2 districts.

Principally permits Laboratory, Life Science, Agricultural and Beverage Processing, and Animal Hospitals in C-2 districts.

Planning Code Section 210.2 – C-3 Districts, Downtown Commercial

Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools are not permitted in certain C-3 district.

Also regulates permissible uses on various floors of a building, for example, office and design professional uses on the second floor or higher in the C-3-R zoning district.

Principally permits Senior Housing, Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools in C-3 districts.

Allows formula retail as a ground floor use on Market Street in C-3 districts.

Principally permits office and design professional uses on the second floor and higher in the C-3-R zoning district.

Planning Code Section 248 – Transit Center C-3-O(SD), Commercial Special Use District

Provides that in the Transit Center C-3-O(SD) Commercial Special Use District, all new development on lots larger than 15,000 square feet shall include not less than 2 gross square feet of principally or conditionally permitted commercial uses for every 1 gross square foot of dwellings or other housing uses.

Requires consideration of office vacancy rates in consideration of granting exceptions in the Transit Center Commercial Special Use District.

Streamline Sign Permitting in C-3 Districts and Citywide

Planning Code Section 604 – Sign Permitting

Requires a permit for new signs and certain changes in sign copy and restricts removal of certain neon signs for routine maintenance and repair.

Exempts existing business signs in the C-3 district from certain sign permit requirements. The ordinance would also allow certain nonconforming neon signs to be physically detached from a building for repairs or maintenance, subject to conditions. This provision would be applicable citywide.

Streamline Historic Preservation Review

Planning Code Sections 1005 and 1111.1 – Historic Preservation Review

Does not account for streamlining review or permitting.

Streamlines review of administrative certificates of appropriateness and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission.

Provide Alternatives to the On-Site Open Space Requirement in Certain C-3 Districts

Planning Code Section 426 – On-Spite Open Space Requirement

Does not account for an alternative to providing on-site privately-owned public open space (POPOS).

As an alternative to providing POPOS in the C-3-O, C-3-S, C-3-G, and C-3-R districts, this ordinance allows for payment of an in-lieu fee. The amount of the in-lieu fee would be equal to the fee currently assessed for the in lieu open space fees in the C-3-O(SD) District (Section 426(b)) and also adjusted annually. In the C-3-O, C-3-S, and C-3-G districts, POPOS fees would be paid into the Downtown Park Fund. POPOS fees in the C-3-R district would be paid into the Union Square Park, Recreation, and Open Space Fund.

Facilitate Residential Adaptive Reuse

Building Code Section 111A – Adaptive Reuse

Does not account for Adaptive Reuse projects.

Creates Section 111A of the Building Code entitled “Adaptive Reuse.” The ordinance would direct the Building Official and Fire Code Official to develop an alternative building standards manual, which would provide the building standards applicable to Commercial to Residential Adaptive Reuse projects. This alternative building standards manual would include technical information and implementation parameters, standards for determining technical infeasibility, and alternative standards if technical infeasibility is present, as well as other rules.

Principally Permitting Formula Retail and Waiving Size Controls for a Portion of the Showplace Square Area in the Urban Mixed Use Zoning District

Planning Code Section 843.46 – Formula Retail

Formula retail is conditionally permitted in the Urban Mixed Use zoning district and uses over certain sizes require a condition use authorization.

Rezones a portion of the Urban Mixed Use zoning district to allow formula retail as a principally permitted use at the Showplace Square shopping center and waives any size controls for such uses.