Modesto Municipal Code § 10-7.515 General Provisions

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Editor's note— Ord. No. 3618-C.S., § 2(Exh. A), effective June 25, 2015, amended Art. 5, §§ 10-7.501—10-7.510, in effect repealing and reenacting said article, §§ 10-7.501—10-7.516, as set out herein. Former Art. 5 pertained to the Downtown Core (DC) Zone. See Code Comparative Table for historical derivations.

This article establishes a form-based code as the mechanism for development review and entitlement within Downtown. The form based code focuses on the form of the built environment as primary and the uses contained within the built environment as secondary. Downtown consists of six (6) form-based code zones with distinct development criteria. Portions of Downtown consist of conventional zones that are focused more on land use rather than form and are not regulated under this Article. The six (6) Downtown Zones are delineated on the Zoning Map and defined in the Planning Zones Purpose Section 10-7-505. Downtown Zones are intended to:

(a) Implement policies of the Modesto Urban Area General Plan by promoting higher density, mixed-use development to create a balanced, vibrant downtown and active neighborhood centers;

(b) Preserve and enhance downtown's historic buildings and sites;

(c) Ensure development is convenient and safe for pedestrians and bicycle riders;

(d) Provide additional housing choices and opportunities;

(e) Reduce dominance of off-street parking areas and parking structures; and,

(f) Encourage useable private open spaces.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a) Applicability. The provisions of this article shall supersede any standards, provisions or regulations of all other articles of Title 10 that are in conflict with its provisions. All other standards, provisions or regulations of Title 10 that are not in conflict with this article shall remain in effect. When applying other provisions of Title 10 to the Downtown Zones, the Downtown Zones shall be considered as the equivalents to the following zones provided in Table 7.5-1 below:

Table 7.5-1 Equivalent Zone

This article shall apply to new development within the Downtown Zones except as specified below.

(1) All development requires Development Plan Review. Development Plan Reviews, Conditional Use Permits, and Variances shall be reviewed in accordance with the processes established by Chapter 9 of Title 10 of the Municipal Code.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a) Existing Development Exception. All legally established development (buildings, parking and other physical site improvements) in existence prior to June 25, 2015 is subject to the following provisions:

(1) Development Standards.

(i) Remodels and repairs of existing buildings and expansions up to 25% of the existing total building gross floor area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation (see definition in Section 10-7.516) that applied to the parcel, as shown on Figure 7.5-1.

(ii) Repairs and changes to site improvements and expansions up to 25% of the existing total land area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1.

(iii) Expansions of more than twenty-five (25) percent are subject to the development standards of this article unless an administrative exception is granted by the Director to allow using applicable development standards to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(iv) The Traditional Neighborhood Downtown Zone shall be considered equivalent to the R-2 Zone when applying the development standards for expansions authorized under Sections (i)—(iii) above.

(v) Alternatively, expansions of buildings and land area may utilize the development standards applicable to the parcel by the provisions of this Article.

(2) Use Types. All uses in the Downtown Zones shall be in accordance with this article, except as provided below:

(i) All permitted uses legally established prior to June 25, 2015 may continue to operate and may be replaced by a non-conforming use of the same type and expanded by up to twenty-five (25) percent. Replacement uses shall be limited to uses permitted by the previous zoning (Figure 7.5-1). Once a new use permitted by this article replaces a use not permitted by this article, then all future uses shall be in accordance with this article.

(ii) No use existing on the date of the adoption of this article may be expanded more than twenty-five (25) percent in area unless the use is in full conformance with the provisions of this article unless an administrative exception is granted by the Director to allow the expansion of the existing use. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(3) Criteria for Expansion. Expansions of existing development include building and use expansions on the subject property. Expansions not consistent with this article may occur onto adjacent properties subject to a Conditional Use Permit. Use and building expansions of more than twenty-five (25) percent shall meet at least three (3) of the following criteria.

(i) The expansion is not detrimental to the implementation of the Downtown Zone in which the expansion is located.

(ii) The expansion maintains compatibility with neighboring properties.

(iii) The expansion promotes economic development and revitalization of the downtown area.

(iv) The expansion allows adaptive reuse of buildings and/or land.

(b) New Development Exception. It is recognized that there exists in the Downtown area many older lots and buildings that pre-exist current regulations and that it may not be feasible for development on these sub-standard parcels or buildings to meet all of the standards of this article. Consequently, the Director may grant an administrative exception to allow for minor deviations from the development standards of this article, with or without conditions, only after determining that:

(1) No practical alternative exists;

(2) The development would still achieve the purpose and objectives of the subject Downtown Zone set forth in Section 10-7.505;

(3) No detrimental impact would result to the project site or neighboring properties;

(4) The proposed project would otherwise be in compliance with all applicable standards and requirements; and,

(5) The deviation granted is the minimum deviation necessary to make possible the development of the property in a manner that otherwise complies with the provisions of this article.

(c) Previously Approved Project Exception. All unexpired development approvals granted in the Downtown Zones approved prior to June 25, 2015, but not yet constructed, shall be allowed to develop in accordance with the previous approval.

(d) Warrants for Central and Transition Downtown Zones. A warrant is a minor deviation in the setback or stepback provisions that under limited circumstances still achieves the objectives specified in the purpose and intent of the Central and Transition Downtown Zones sections found in Section 10-7.505. Deviations from the following development provisions may be approved by the Director where the following findings are made:

(1) Minimum 15-foot stepback from street property line(s) above the sixth floor within the Central and Transition Downtown Zones:

(i) The building occupies a corner lot;

(ii) No other deviations of this nature exist within buildings fronting on street sections extending one (1) block from the associated intersection;

(iii) The width of the building along any public street is no more than one hundred (100) feet, and

(iv) The building is no more than ten (10) stories tall in the Central Downtown Zone or eight (8) stories tall in the Transition Downtown Zone; and,

(v) The building maintains a setback of at least five (5) feet above the sixth floor.

(2) Minimum 30-foot stepback from the interior property line above the sixth floor within the Central and Transition Downtown Zones:

(i) The width of the subject parcel is less than one hundred ten (110) feet;

(ii) No more than two (2) other buildings constructed above six (6) stories exist within the subject block frontage; and

(iii) The building maintains a setback of at least twenty (20) feet above the sixth floor.

(3) Maximum zero-foot setback from interior property line at floors 1—6 within the Central and Transition Downtown Zones:

(i) The area is provided for a paseo or a plaza; and

(ii) No more than one (1) other paseo or plaza exists within the subject block frontage; and,

(iii) A minimum ten-foot wide, unobstructed pedestrian access/circulation area is provided.

(e) Civic Buildings. Deviations for civic buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1) The property is proposed to be used for civic building(s)/grounds that provide a regional amenity by furthering cultural opportunities, or the subject property is proposed to be used for governmental civic building(s)/grounds that provide a necessary service or particular societal amenity; and,

(2) The nature of the civic building(s)/grounds is such that application of the provisions of this article would preclude its use for the intended purpose.

(f) Landmark Buildings Deviations for landmark buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1) The property is proposed to be developed with a building or structure that employs a form and architectural style that is of high quality and will serve as a landmark attraction that is uniquely recognizable as being associated with Modesto; and,

(2) The form and architectural style cannot be achieved without a deviation from the provisions of this article.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a) Downtown Zones. The Downtown Zones provide the primary development standards that regulate building placement, building height, land use types, and parking. Building placement regulations are based on Frontage Types. Building height and land use type regulations are based on Building Types. Building Types and Frontage Types are further described below. Downtown includes six (6) zones based on form-based coding principles. Each zone has unique characteristics and regulations.

(b) Building Types. Building Types identify specific regulations for the building and site development addressing important characteristics of the built form. The standards include defining the building form, compatible Frontage Types, building size and massing, lot access, parking details and accessory structures. There are nine (9) Building Types and only specified Building Types are allowed in each Downtown Zone.

(c) Frontage Types. Frontage Types address the site and design features of the building frontage focusing on the interface between the private and public spaces. There are six (6) Frontage Types provided and specified Frontage Types are permitted with certain compatible Building Types.

(d) Use Types. Allowed land use types are identified for each Downtown Zone.

(e) Using This Code. In utilizing this Code, the first step is to determine in which Downtown Zone the property lies. The second step is to review the applicable Downtown Zone section. The next step is to review the applicable Building Type and Frontage Type sections. The Use Type section contains further information about permitted land uses.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

The Zoning Map identifies six (6) form-based code zones in the downtown area. Each Downtown Zone is different in terms of purpose, development standards, intensity, and allowed uses. The Downtown Zones are similar to conventional zones in that they address development standards and land uses. Where they differ is that the Downtown Zones address building and lot form and allow mixed land uses on individual parcels.

(a) Central Downtown (CD). This zone is intended to foster the most intensive and active urban environment in the Downtown, while ensuring an overall human scale to development. This is accomplished with large, but unobtrusive building envelopes that accommodate a mixture of uses, including residential, with an interface that promotes a very strong public/private connection and lively streetscape.

The district contains Historic Preservation sites that are included on the landmark preservation list in the General Plan. Special considerations for these sites are provided in the general provisions section of this article.

(b) Transition Downtown (TD). This zone is intended to foster an intensive and active urban environment, but at a reduced scale from what is found in the Central District. This is accomplished with medium-large building envelopes that accommodate a mixture of uses, including residential, with an interface that promotes a strong public/private connection and lively streetscape.

In addition to Historic Preservation sites, the zone contains the site of a future passenger rail station. The future station is intended to accommodate associated regional rail and future high speed rail service within the Downtown.

(c) Urban General Downtown (UGD). The Urban General Downtown Zone is intended to create space for more urban activities. New housing is highly desirable because residents help ensure that street life is safe and because residents provide passive nighttime security for day uses. This zone links the Central Downtown Zone to the outer districts and areas of downtown.

(d) Main Street Downtown (MSD). This zone is intended to promote and enhance a vibrant "main street" commercial environment within walking distance of the surrounding neighborhood. The Main Street Downtown Zone is intended to be the commercial focus of the surrounding neighborhood but at a smaller scale than the Central Downtown Zone. The focus of this district is on commercial uses but it also accommodates residential uses.

(e) East Neighborhood Downtown (END). The purpose of this zone is to facilitate the continuing transition of the east area of downtown that was originally developed as a residential neighborhood but is in the process of changing to commercial and office uses. This zone would allow a mixture of uses where new development would include a variety of housing types and commercial uses.

(f) Traditional Neighborhood Downtown (TND). This zone is intended to allow new residential development that is compatible with the traditional single family residential character of the neighborhood. This objective is accomplished by addressing certain provisions such as frontage types, setbacks, building envelope, building height, building type, and yard areas to be compatible with the historical and existing characteristics of this residential neighborhood.

[Figure]

(Ord. No. 3618-C.S., § 2(Exh. A), 6-25-15)

[Figure]

10-7.506. Central Downtown (CD) Zone. [Figure: 10-7.506. Central Downtown (CD) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

[Figure]

10-7.507. Transition Downtown (TD) Zone. [Figure: 10-7.507. Transition Downtown (TD) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

[Figure]

10-7.508. Urban General Downtown (UGD) Zone. [Figure: 10-7.508. Urban General Downtown (UGD) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

[Figure]

10-7.509. Main Street Downtown (MSD) Zone. [Figure: 10-7.509. Main Street Downtown (MSD) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

[Figure]

10-7.510. East Nieghborhood Downtown (END) Zone. [Figure: 10-7.510. East Nieghborhood Downtown (END) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

[Figure]

10-7.511. Traditional Neighborhood downtown (TND) Zone. [Figure: 10-7.511. Traditional Neighborhood downtown (TND) Zone.]

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

Building Types help achieve the desired built form and pedestrian orientation in the Downtown. The following Building Types are allowed in the Downtown are described in the following pages:

(a) Bungalow Court

(b) Commercial Block

(c) Courtyard

(d) Du-Tri-Quadplex

(e) Front Yard House

(f) Live Work

(g) Mansion Apartment

(h) Row House

(i) Stacked Flats

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

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(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

Frontage Types address the features of the building frontage focusing on the interface between private and public spaces. The following Frontage Types are described in the following pages:

(a) Common Yard

(b) Forecourt

(c) Porch

(d) Shopfront

(e) Stoop

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

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Use type categories and examples of each category are described in Table 7.5-2 Use Types below. Sections 10-7.506 to 10-7.511 provide development standards for the Downtown Zones and they identify permitted Use Types by Building Type and floor.

Table 7.5-2 Use Types

(a) Parking.

(1) Design.

(i) Except where in conflict with the provisions of this article, all parking areas shall be designed in accordance with Section 10-5.105 of the Modesto Municipal Code.

(ii) Parking structures shall not exceed six (6) levels, plus an upper deck, in the Central and Transition Downtown Zones and two (2) levels, plus an upper deck, in the other Downtown Zones.

(iii) Parking structures in the requisite building placement area not concealed behind a habitable liner shall conform to all building placement and building configuration requirements of the respective Downtown Zone and provide a facade that gives the appearance of being habitable.

(iv) In the Central and Transition Downtown Zones, where surface parking occurs within fifty (50) feet of a lettered street and twenty-two (22) feet of the alley, a minimum three and one-half-foot (3.5) high streetscreen shall be provided along a line co-planer with the adjoining building's facade.

(2) Access in the Central and Transition Downtown Zones.

(i) Vehicular access to and from parking areas shall occur through the alley.

(ii) Pedestrian access to and from parking areas shall occur within buildings, paseos, plazas or the area along lettered streets designated for ground level parking.

(3) Access in the Urban General, Main Street and East Neighborhood Downtown Zones.

Vehicular access to and from parking areas shall occur through the alley except as follows:

(i) On corner lots, parking may be accessed through the street side to help meet required parking subject to Director approval.

(ii) Where alley access is not available or feasible, street access shall be subject to Director approval.

(iii) Where street access is approved, the maximum driveway width is twelve (12) feet for less than ten (10) spaces and twenty (20) feet for ten (10) or more spaces.

(iv) A continuous drive aisle may extend a maximum one hundred forty (140) feet from the street.

(v) Parking may back onto a street in the East Neighborhood Downtown Zone for one (1) Front Yard House building type serving up to two (2) spaces with a maximum driveway width of twelve (12) feet. If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(4) Access in the Traditional Neighborhood Downtown Zone.

(i) Where alley access is not available or feasible, then one (1) street access is permitted with a maximum driveway width of twelve (12) feet subject to Director approval.

(ii) Where street access is approved, a single-family dwelling may have up to two (2) spaces that back onto the street.

(iii) If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(5) Shared Parking. The minimum number of required parking spaces may be reduced when a building contains different use types. Parking may also be reduced between buildings with different use types that are located within immediately adjacent blocks.

(i) When parking is shared between buildings located on different sites, a parking agreement is required as approved by the Director.

(ii) The reduction in parking shall be determined by dividing the sum of the parking required by two (2) use types occupying the same amount of building floor area (square footage) by the associated factor from Table 7.5-3.

(6) Off-Site Parking. Off-site parking may be used to meet the parking requirements of this article.

(i) Off-site parking shall be located within one thousand four hundred sixty (1,460) feet of the building it serves, as measured along streets, alleys and sidewalks from the nearest point of the parking area to the nearest point of the building. Off-site parking shall be provided through a long-term lease as approved by the Director.

(7) Required Spaces for Church or Place Worship. The required parking spaces for a church or place of worship are provided in Section 10-5.102, Table 5.1-1, Parking Requirements.

Table 7.5-3 Shared Parking

Example: A building that is comprised of an office use type occupying one hundred thousand (100,000) square feet and a residential use type occupying fifty thousand ( 50,000) square feet may divide the sum of the parking required for fifty thousand ( 50,000) square feet of office use type (one hundred (100) spaces) and 50,000 square feet of residential use type (e.g., seventy-five (75) spaces) by 1.4 (one and four tenths) resulting in the requirement for one hundred twenty-five (125) parking spaces (175/1.4 = 125). Then add the minimum parking required for the remaining fifty thousand (50,000) square feet of office use type (one hundred (100) spaces) to determine the total parking requirement for the building (125 + 100 = 225 total parking spaces).

(b) Public/Private Transition Area.

(1) Outdoor Dining and Display.

(i) Where there is at least ten (10) foot wide continuous sidewalk and safe path of travel for all users of the sidewalk remaining after the following temporary uses are installed or established, use of public right-of-way adjoining the street property line(s) for the following purposes shall be allowed:

a) Outdoor dining, subject to obtaining the requirements of Articles 1 and 2 of Chapter 15 of Title 4;

b) Display of public art;

c) Display of merchandise;

d) Display of sidewalk signs;

e) Display of seasonal items;

f) Display of removable planters/flower pots.

(ii) Outdoor dining, merchandise display and sidewalk signs shall relate to the commercial activity taking place within the adjoining ground floor business.

(iii) All merchandise display, sidewalk signs, outdoor dining and associated enclosures shall be removed during non-business hours.

(iv) Sidewalk signs are limited to one (1) per parcel per public street frontage.

(v) Display of merchandise is limited to fifty (50) percent of the lineal width of the associated business along the street(s).

(c) Special Areas.

(1) Historic Preservation Sites.

(i) Relocation or demolition of buildings that are on the National Register of Historic Places, California Register of Historic Resources, or designated as a Landmark Preservation Site is not permitted, except in accordance with Modesto Municipal Code, Title 9, Chapter 10 and California Code Regulations, Title 14, Division 6, Chapter 3, Section 15000 - 15387.

(ii) Development adjoining historic preservation sites shall be no greater than two (2) stories higher or lower than the historic building.

(d) Miscellaneous Design Issues.

(1) Design Guidelines.

(i) All development within the Downtown Zones is subject to the City of Modesto Design Guidelines for Commercial and Industrial Development, where applicable.

(2) Wireless Telecommunications.

(i) Wireless facilities are subject to the provisions of Article 4 of Chapter 3 as they apply to the C-1 Zone (CD, TD, UGD, MSD) and R-1 Zone (END, TND).

(3) Rooftop Utilities.

(i) All building utilities and mechanical equipment located on rooftops shall be screened within penthouses or attics.

(4) Ground-Level Utilities.

(i) All ground-level building utilities and mechanical equipment not contained within buildings shall be located within the area designated for ground-level parking.

(5) Blocks Without Alleys.

(i) In the Central and Transition Downtown Zone, development occurring on lots without alleys shall assume an alley parallel to and one hundred forty (140) feet behind the numbered street(s) property line(s) for the purposes of complying with the development provisions.

(ii) Developments that comprise an entire block may build over the alley following an abandonment of the subject alley.

(6) Properties Containing Multiple Planning Districts.

(i) Where one (1) property contains two (2) Downtown Zones, the boundary between the zones shall be treated in the same manner as a property line for the purposes of complying with the associated development provisions of the respective Downtown Zones.

(e) Signs. Except where in conflict with the provisions of this article, all signs shall conform with Chapter 6, as they apply to the equivalent zones specified in Section 10-7.502(a).

(1) Downtown Zone Sidewalk Signs. (See Section 10-7.516(i))

(i) Downtown Zone sidewalk signs of a size, design and materials as approved by the City Council and as administered by the Downtown Improvement District are permitted in the locations specified in Section 10-7.515(b) of this article.

(2) Wall Signs.

(i) Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per linear foot of width of the wall upon which the sign is placed (CD, TD, UGD, MSD only).

(3) Projecting Signs (CD, TD, UGD, MSD Zones only).

(i) One (1) projecting sign per building, size limited to one (1) square foot per linear foot of building frontage up to a maximum of forty-eight (48) square feet, and advertising a single message or use.

(ii) In addition to the projecting sign allowed in subsection (3)(i), individual tenants in a multi-tenant building shall be allowed one (1) projecting sign, with a maximum sign area limited to twenty-four (24) square feet.

(iii) Projecting signs shall be located at least ten (10) feet from other projecting signs. Projecting signs may not project more than five (5) feet from the facade of the building and shall be a minimum eight (8) feet above a pedestrian walkway and fourteen (14) feet above a vehicular access way or as provided by zone. Projecting signs shall not be higher than the ridgeline of the roof, parapet, or wall.

(4) Projecting Marquee Signs.

(i) Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except the sign may only project eight (8) feet beyond the building façade or as provided by zone, and the sign shall only be permitted for theaters (CD, TD, UGD, MSD only).

(5) Canopy Signs.

(i) Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per liner foot of width of the wall upon which the canopy is affixed (CD, TD, UGD, MSD only).

(f) Outdoor Storage.

(1) Outdoor storage shall only occur within the optional building area and is limited to items relating to business being conducted within the building on the same property (CD and TD only).

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15; Ord. No. 3686-C.S., § 2, effective 3-29-18)

(a) Adjacent. Sharing a common property line or Downtown Zone line, even if separated by a street or alley. Properties that are separated by a street are considered adjacent even if they are located diagonally across an intersection.

(b) Adjoining. Sharing a common boundary.

(c) Architectural Feature. An accessory exterior building feature including awnings, roofs, windows, doors, cornices, canopies, eaves, chimneys, down spouts, bulkheads, or similar design elements.

(d) Attic. An area above the top floor of a building that is typically residential in nature with a pitched roof, which is designed to house utilities and/or equipment and provide insulation.

(e) Block Frontage. A frontage area running along one (1) street, between the nearest two (2) transecting streets.

(f) Build-to Line. A linear plane paralleling the street property lines along which the building facade must be placed.

(g) Building Placement in Setback Area. Percentage of the front building width to be placed along the street frontage within the setback area.

(h) Co-Planer. Even with the surface of a building.

(i) Downtown Modesto Historic Zoning Designation. The zoning in effect prior to September 3, 2010, for properties located in the Central Downtown and Transition Downtown Zones, and the zoning in effect prior to June 25, 2015 for properties located in the Urban General Downtown, Main Street Downtown, East Neighborhood Downtown, and Traditional Neighborhood Downtown, is as shown in Figure 7.5-1

(j) Downtown Zone Sidewalk Sign. An A-frame sign designed in accordance with provisions approved by the City Council and administered by the Downtown Improvement District that is available to businesses in the Downtown Zone through the Downtown Improvement District.

(k) Encroachment. Extension of building elements beyond the build-to line, minimum setback, minimum stepback, or right-of-way. The building elements are secondary building features including a porch, stoop, balcony, wall sign, and architectural features.

(l) Facade. The plane of the building and its architectural elements facing the public street. The "face" of the building.

(m) Floor to Ceiling Height. The net clear internal building space from finished floor to finished ceiling.

(n) Frontage. The area between the facade of a building and the street property line.

(o) Habitable Liner. A relatively shallow building area that is conditioned and intended for human activities (residence, office, etc.), which separates a parking structure from the public realm.

(p) Historic Preservation Site. See Section 10-7.515(c).

(q) Paseo. A 15-foot to 30-foot wide, open-air area for pedestrian passage between the public sidewalk and parking or other uses to the rear of property, which provides storefronts along one (1) or both sides.

(r) Penthouse. An area above the top story of a building, which is used to store mechanical equipment, building utilities, etc. Penthouses are either well-integrated into the architecture of the building they serve or are set back from the building's edges and designed to be inconspicuous.

(s) Plaza. An open air area greater than thirty (30) feet wide that is used for public meeting space or passive open space.

(t) Setback. The minimum or maximum dimension from property line that a building, parking, or other development structure must be placed with the exception of specifically permitted encroachments to the minimum setback.

(u) Setback Area. The area between the minimum and maximum setbacks along the street frontage.

(v) Single Room Occupancies. Rooms that can be leased or rented for extended periods of time or as a primary residence without the provision of either separate or common food preparation and consumption facilities.

(w) Stepback. The minimum dimension from property line that the tower element or upper levels of a building must be placed.

(x) Story. A level within a building or structure measured from the finished floor to the finished floor above, or to the eave or base of the parapet in the case of the top floor, that is generally accessible and used by patrons of the building. Enclosures for mechanical equipment above the top floor, and attics in the case of a pitched roof, are not considered a building story for the purposes of this Code.

(y) Streetscreen. A wall built along a line co-planer with the adjoining building's façade used to screen a parking area or other areas not otherwise screened by a building from the adjoining street.

(z) Upper Deck. The highest level or "roof" of a parking structure.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)