(B) Allowed uses.
(1) Uses in the Harlem Avenue Overlay District are permitted in accordance with Table 153.52.A of this section. Acronyms used to define permitted uses are defined as follows:
(a) "P" denotes a permitted use.
(b) "S" denotes a special use that is permitted but is subject to additional reviews in accordance with the administration and enforcement section of this code.
(c) "L" denotes limited uses that are permitted within the district. However, a limited use shall not be approved unless:
l. The total percentage of lot frontage of other lots occupied by or approved for limited uses on the same block as the subject property does not exceed the threshold established by Table 153.52(B)(1)(c) based on the vacancy rate of that block as established by the zoning administrator.
Table 153.52(B)(1)(c): Limited Use Allowance Based on Block Vacancy Rate
| |
Vacancy Rate | Allowable Limited Use |
20% or more | 50% |
15%-19.9% | 45% |
10%-14.9% | 40% |
9.9% or less | 30% |
-OR-
2. Each of the following criteria are met:
a. The total frontage of other lots occupied or approved for limited uses exceeds 50% of the total Harlem Avenue frontage of the block on which the use is located;
b. A portion of a building not to exceed 50% of the total floor area the overall building area is designated for the limited use; and
c. The building to include the limited use is at least 4,000 square feet in overall area.
(d) "L/S" denotes limited uses that are permitted in accordance with the definition for "limited uses" above, and are also subject to additional reviews in accordance with the administration and enforcement section of this code.
Table 153.52.A. Allowed Uses in the Harlem Avenue Overlay District
| ||
Use | B | B- 1 |
Table 153.52.A. Allowed Uses in the Harlem Avenue Overlay District
| ||
Use | B | B- 1 |
Residential | ||
Residential, as an upper-floor component of mixed-use development | S | S |
Public/Institutional | ||
Public utility and public service uses | S | |
Municipal buildings and uses | S | |
Governmental facilities | P | P |
Recreational | ||
Open spaces, playgrounds, and other recreation or parks as an accessory use to commercial development | S | S |
Commercial Goods and Services | ||
Garages and carports as an accessory to residential or commercial development | S | S |
Parking structures as an accessory to residential or commercial development | S | S |
Bakeries, provided that the products thereof are sold at retail on premise | P | L |
Catering establishments | P | L |
Dressmaking, millinery, tailoring, or similar retail trade shops, employing not more than 5 persons | P | L |
Electric, radio, and television repair shops | P | L |
Locksmith shops | P | L |
Painting and decorating shops | P | L |
Restaurants, except drive-in restaurants; provided that no alcoholic beverages are furnished or sold for consumption on the premises | P | L |
Sales, display rooms, stores and shops, for conduct of a retail trade in primarily new furniture, fixtures and home appliances, new men's and women's apparel and accessories and primarily new retail commodities. Used material as an incidental activity to the new retail sales shall be permitted. No alcoholic beverages shall be furnished or sold for consumption on the premises | P | L |
Antique stores dealing with fine and decorative art, jewelry and furniture. An antique, for the purpose of this section, is an object whose value has been significantly enhanced by its age and shall not include customary used or secondhand furniture, appliances, or clothing outlets. | P | L |
Automobile service stations | L/ S | L/ S |
Drive-in restaurants | S | L/ S |
Dyeing and cleaning establishments | L/ S | L/ S |
Motels | S | L/ S |
Restaurants, except drive-in restaurants; provided that alcoholic beverages are furnished or sold for consumption on the premises | S | L/ S |
Animals hospitals | L/ S | L/ S |
Automatic car wash | L/ S | L/ S |
Mini-mart in connection with an automobile service station | S | L/ S |
Secondhand stores or shops for the sale of used, or reconditioned home furnishings, appliances, clothing, or commodities | L/ S | L/ S |
Barbershops, beauty parlors, and similar personal service shops | L/ S | S |
Laundromats | L/ S | L/ S |
Messenger and telephone answering service and stations | L/ S | L/ S |
Receiving and delivery stores for wet, dry, or stream cleaning, provided that the cleaning is done elsewhere than on the premises | L/ S | L/ S |
Shoe repair shops | L/ S | L/ S |
Professional offices, including those of insurance, real estate, physicians, dentists, other health practitioners, lawyers, engineers, and architects | L | P |
Medical and dental clinics. Sales or prescription medical supplies and proprietary drugs are also permitted in these clinics | L | P |
Funeral parlors and mortuaries | L/ S | P |
Banks | L/ S | P |
Business and commercial schools, including music and dancing academies | L/ S | P |
Photographer, artists, or similar studios | L/ S | P |
Day care centers | L/ S | S |
Martial arts training schools | L/ S | S |
(2) Any use not specifically identified in Table 153.52.A above is not permitted. Interpretation of an unspecified use and whether or not it is permitted shall be made by the zoning administrator.
(3) The following uses are specifically prohibited in the Harlem Avenue Overlay District:
(a) Adult or sexually oriented retailers and services (including adult bookstores, adult entertainment, etc.).
(b) Massage parlors not used for medical services or physical therapy.
(c) Pawn shops.
(d) Tattoo establishments.
(e) Hookah lounges, smoking lounges, cigar bars, or other similar uses.
(f) Medical marijuana provisioning centers.
(g) Pool or billiard halls.
(h) Payday loans, cash checking, or short-term lending services not affiliated with a bank.
(Ord. O-39-15, passed 10-6-15)