35-24 - Applicability of Residential Bulk Rules to Non-residential Portions of Mixed
Buildings

LAST AMENDED
12/5/2024

For the non-#residential# portion of #mixed buildings# or for #commercial# or #community facility# #buildings# on the same
#zoning lot# as #residences#, the following regulations shall apply with regard to the applicability of certain #bulk# regulations
from Article II, Chapter 3.

(a)    Height and setback

       (1)    In #Commercial Districts# mapped within, or with a #residential equivalent# of an R6 through R12 District with
              a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6
              Through R12 Districts), inclusive, shall be applied to all #buildings# in accordance with the applicable #Residence
              District# regulations, as modified by the provisions of Section 35-60 (MODIFICATION OF HEIGHT AND
              SETBACK REGULATIONS), inclusive.

       (2)    In all other #Commercial Districts#, the #residential# height and setback regulations may be applied as follows:

               (i)   the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5
                     Districts), inclusive, may be applied to #Commercial Districts# mapped within, or with a #residential
                     equivalent# of, an R1 through R5 District, in accordance with the applicable #Residence District#
                     regulations, as modified by the provisions of Section 35-60, inclusive; or

              (ii)    the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through
                      R12 Districts), inclusive, may be applied to #Commercial Districts# mapped within, or with a #residential
                      equivalent# of, an R6 through R12 District without a letter suffix, in accordance with the applicable
                      #Residence District# regulations, as modified by the provisions of Section 35-60, inclusive.

(b)    Other #bulk# regulations

       Where the height and setback regulations of Article II, Chapter 3 are applied, the following #residential# #bulk#
       regulations may also be applied to the entire #building#:

       (1)    the #rear yard#, #rear yard equivalent# and open area along #side lot line# requirements of Section 23-30,
              inclusive, applicable to a #multiple dwelling residence#; and

       (2)    for #community facility# #uses# with sleeping accommodations:

               (i)    the special #floor area# allowances of Section 23-23, inclusive;

              (ii)    the #court# regulations of Section 23-35, inclusive; and

              (iii)   the distance between #buildings# and distance between #legally required windows# and #lot lines#
                      regulations of Section 23-37.

      Any obstructions permitted within a specific open area pursuant to Section 23-30, inclusive, shall also be permitted.

      Where a particular #bulk# regulation of Article II, Chapter 3 is applied, it shall supersede the applicable regulations of
      Article III, Chapter 5.

      For the purposes of applying such #bulk# provisions, #uses# shall be considered #residential#, and the term #dwelling
      unit# shall include “dwelling units” and “rooming units”, as set forth in the Housing Maintenance Code.