123-31 - Provisions Regulating Location of Uses in Mixed Use Buildings

LAST AMENDED
12/5/2024

In #Special Mixed Use Districts#, in any #building# or portion of a #building# occupied by #residential uses#, #commercial# or
#manufacturing# #uses# may be located only on a #story# below the lowest #story# occupied by #dwelling units#, except that
this limitation shall not preclude the:

(a)    extension of a permitted business #sign#, #accessory# to such non-#residential use#, to a maximum height of two feet
       above the level of a finished floor of the second #story#, but in no event higher than six inches below the lowest window
       sill on the second #story#;

(b)    location of #commercial# or #manufacturing# #uses# on the same #story#, or on a #story# higher than that occupied by
       #dwelling units#, in #buildings# in existence on or prior to December 10, 1997, that are partially #converted# to
       #residential use# pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), as modified in
       Section 123-67 (Residential Conversion); or

(c)    location of #commercial# or #manufacturing# #uses# on the same #story#, or on a #story# higher than that occupied by
       #dwelling units#, provided that:

       (1)    no access exists between such #uses# at any level containing #dwelling units#; and

       (2)    the environmental requirements set forth in Section 32-423 shall be met where #commercial# or #manufacturing#
              #uses# are located above any #story# containing #dwelling units#.