(A) The regulations contained within the Harlem Avenue Overlay District are applicable as follows:
(1) Regulations are applicable to all commercial uses within the boundaries of the Harlem Avenue Overlay District as shown on the city's official zoning map referenced in § 153.31.
(2) Single-family residential properties are not subject to the regulations of the Harlem Avenue Overlay District.
(3) Given the unique character of development along Harlem Avenue between 122nd Street and 124th Street, the following exceptions and regulations apply to this portion of the corridor:
(a) Properties and developments fronting along Harlem Avenue located between 122nd Street and 124th Street and having a Harlem Avenue frontage of 200 feet or more are subject to the regulations of the Harlem Avenue Overlay District.
(b) Properties and developments fronting on Harlem Avenue located between 122nd Street and 124th Street and having a Harlem Avenue frontage of less than 200 feet are exempt from the following Harlem Avenue Overlay District regulations:
1. Section 153.55(D)(1) and (D)(2) for parking areas located in the front yard between the primary building and Harlem Avenue.
2. Section 153.56(D).
3. Section 153.59(A).
(c) All developments located between 122nd Street and 124th Street and having a Harlem Avenue frontage of 100 feet or more are subject to the planned unit development process.
(4) In some instances, regulations in other portions of this code may be in conflict with the regulations of the Harlem Avenue Overlay District. Where indicated, the regulations of the Harlem Avenue Overlay District shall be applied based on the following interpretations:
(a) When stated that the Harlem Avenue Overlay District regulations shall be applied "in lieu of other regulations," the Harlem Avenue Overlay District regulations shall be used, and other regulations shall not apply.
(b) When stated that the Harlem Avenue Overlay District regulations shall be applied "in addition to other regulations," both the Harlem Avenue Overlay District regulations and other regulations shall apply.
(c) When stated that the Harlem Avenue Overlay District regulations shall be applied "as a modification to other regulations," the other regulations shall apply, except as specifically noted in this section.
(d) When it is not stated whether the Harlem Avenue Overlay District regulations shall be applied "in lieu of" or "in addition to" other regulations, the more strict regulations shall apply, so long as they are not in conflict with one another.
(e) When it is not stated whether the Harlem Avenue Overlay District regulations shall be applied "in lieu of" or "in addition to" other regulations AND regulations are in conflict with or mutually exclusive of one another, the regulations of the Harlem Avenue Overlay District shall apply.
(Ord. O-39-15, passed 10-6-15)