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(a) Application of Standards. The General Standards for All Development in EC 9.6000 through EC 9.6885, the special standards for specific uses in EC 9.5000 through EC 9.5850, as well as all development standards in the applicable base zone apply within this overlay zone. In the event of a conflict between the development standards, the specific provisions of EC 9.4085 through EC 9.4090 shall control. The /BW standards in this section only apply to:

1. Uses established after November 25, 2002.

2. New development on vacant land

3. New structures on redevelopment sites, such as conversion of a parking area to a building or demolition of a building and construction of a new building.

4. A proposed expansion of 30% or more of the total existing structure square footage on the development site.

5. A proposed exterior modification affecting 30% or more of the ground floor wall surface facing Broadway. These modifications must comply only with the standards at EC 9.4085(3), (5), (7) and (8).

(b) Adjustment. The development standards in EC 9.4085(2) through (9) may be adjusted in accordance with the criteria for adjustment of standards within the Downtown Plan Area at EC 9.8030(16).

(c) Nonconforming Uses. Notwithstanding EC 9.1220(3), a legally established use that does not conform to the allowed uses for the /BW Broadway Overlay Zone may expand its square footage by up to 30% of the area occupied by the use on November 25, 2002.

(2) Building Setback. At least 70% of the Broadway-facing linear footage of first and second floors shall have a maximum two-foot building setback.

(3) Entrances. For buildings that are not on street corners, main building entrances shall face Broadway. Main entrances on corner buildings may face the corner.

(4) Building Height. A building shall provide either a floor-to-ceiling first floor minimum height of 12 feet for new construction, or a two-story entry space with corresponding glazed area of no less than one-third of the building width along Broadway.

(5) Building Facade. At least 75 percent of Broadway-facing first floor wall area shall have openings, glazing, display windows or doorways with at least 75 percent of the total door faces being glazing, or a combination thereof. The openings, glazing and display windows must allow two-way visibility. Mullions and other solid components normally associated with glazed window systems may be counted as part of the glazing for purposes of this section. Dwelling units on the ground floor are exempt from this requirement.

(6) Lighting. Notwithstanding any other provisions of this code, outdoor lighting of a building facade is permitted if provided in accordance with the standards for buildings of exceptional symbolic or historic significance (refer to EC 9.6725(13)).

(7) Rain Protection. For every building abutting Broadway, awnings, canopies or recessed entries, or a combination of these, shall provide at least 30 inches of rain protection along at least 50 percent of that building’s walls abutting Broadway.

(8) Building Projections. Building projections such as bay windows and functional balconies shall be permitted for no more than 30 percent of the length of the affected floor along Broadway. No projection shall extend to more than three feet over the right-of-way.

(9) Outdoor Storage. No outdoor storage shall be permitted except for equipment used by an outdoor café permitted pursuant to EC 3.344(3) during the period from March 1 through November 30.

(10) Ground Floor Use. Ground floor non-residential uses located within 15 feet of the Broadway facade must accommodate walk-in customer service.

(Section 9.4085 added by Ordinance No. 20271, enacted November 25, 2002, effective December 25, 2002; amended by Ordinance 20433, enacted June 8, 2009, effective July 10, 2009.)