32-421 - Limitation on floors occupied by commercial uses

LAST AMENDED
6/6/2024

C1 C2 C3

In the districts indicated, in any #building#, or portion of a #building#, not more than two #stories# may be occupied by
#commercial# #uses# listed in Use Groups VI through X.

However, for #buildings# containing #residences#:

(a)    no #conversion# shall be permitted from #dwelling units# to such #commercial uses# on a second #story#:

       (1)    in a #building# constructed before September 17, 1970 and located in C1 or C2 Districts mapped within, or with
              an equivalent of, an R9 or R10 District; or

       (2)    in a #building# constructed before June 6, 2024, in all other districts;

(b)    the environmental requirements set forth in Section 32-423 shall be met, where applicable;

(c)    such #commercial uses# may be permitted on the same #story# as #residences#, provided that no access exists between
       such #uses# at any level containing #dwelling units#;

(d)    no #commercial uses# shall be located above any #story# containing #dwelling units#; and

(e)    in C1 or C2 Districts that are #select commercial overlays# the following #commercial uses# shall not be permitted on the
       second #story# where such #story# also contains #dwelling units#:

       From Use Group VIII

             All #uses# listed under Amusement and Recreation Facilities

             #Accessory# mechanical equipment serving #commercial# #uses# listed in such use groups shall not be subject to the
       location restrictions of this Section.