122-10 - SPECIAL USE REGULATIONS

LAST AMENDED
6/6/2024

In order to preserve the residential character of the Special District, the applicable #use# regulations of the underlying districts
are modified, as follows:

(a)    Within the Limited Commercial Areas, #uses# listed under Use Group VI that would be permitted in a C2 District, or
       #uses# included under Offices in Use Group VII, shall be permitted, provided they are located only on the ground floor
       of an existing or new #building# containing #residential# or #community facility uses#. All existing or new #commercial#
       #uses# shall be directly accessible only from the #street#. Any existing #commercial# #use# which fails to provide direct
       access from a #street# shall be terminated one year after September 28, 1989.

(b)    On a cross-street within the Commercial Extension Areas, #uses# listed under Use Group VI that would be permitted in a
       C2 District, or #uses# included under Offices in Use Group VII shall be permitted to occupy the ground floor of an
       existing or new #building# containing #residential# or #community facility uses#. Such ground floor #commercial#
       #uses# may be permitted to #extend# up to the Grand Concourse on the #basement# level of a #building#, provided that
       such #commercial# #uses# are accessible only from a cross-street which intersects the Grand Concourse. No direct or
       indirect access to such #commercial# #uses# is permitted from the Grand Concourse.

(c)    Any #commercial# #use# which lawfully existed on or before July 1, 1981, on any Commercial Infill Site listed in Table
       A, shall be considered conforming and may be changed to a #use# listed under Use Group VI that would be permitted in
       a C2 District, or #uses# included under Offices in Use Group VII, or to a #use# which previously occupied the space
       lawfully on or before July 1, 1981, except that expansion or re-occupancy of #floor area# to a retail #use# listed under Use
       Group VI shall be restricted to the ground floor of the #building#.

       However, if a #building# on a Commercial Infill Site contains an entrance from the Grand Concourse as well as from the
       cross-street running underneath the Concourse, such entrance floors at both #street# levels may be occupied by retail
       #uses# listed under Use Group VI if they were in existence prior to July 1, 1981, as a lawful #use#. In those cases, the
       #use# of the remaining #stories# of such #building# shall be limited to #uses# included under Offices in Use Group VII.
TABLE A

COMMERCIAL INFILL SITES


              Tax Block   Tax Lot   Address                     Type of #Building#
              Number      Number


              2468        1         851 Grand Concourse         Courthouse


              2821        11        1526 Grand Concourse        1 #story# #commercial#


              2821        13        1540 Grand Concourse        Vacant lot


              2822        27        1775 Grand Concourse        Telephone Co. #building#


              2795        14        1780 Grand Concourse        Office #building#/garage


              2805        23        1845 Grand Concourse        1 #story# #commercial#


              2801        7         1850 Grand Concourse        2 #story# #commercial#


              2808        44        1963 Grand Concourse        Funeral home


              2808        82        2029-2043 Grand Concourse   1 #story# #commercial#


              3161        25        2101 Grand Concourse        1 #story# #commercial#


              3157        32        2202-2206 Grand Concourse   1 #story# #commercial#


              3163        40        2231-2233 Grand Concourse   1 #story# #commercial#


              3158        16        2262-2268 Grand Concourse   1 #story# #commercial#


              3163        38        2235-2239 Grand Concourse   1 #story# #commercial#


              3307        68        3000 Grand Concourse        Funeral home


              3315        51        2833-2843 Grand Concourse   1 #story# #commercial#
                     2808          82            148 E. Burnside Avenue            1 #story# #commercial#


(d)    For the purposes of this Chapter, any non-#residential uses# permitted pursuant to paragraphs (a) through (c) of this
       Section shall be located only on a #story# below the lowest #story# occupied by a #residential use#, except that this
       limitation shall not preclude the location of any such non-#residential use# below the level of the first #story# ceiling.