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§ 153.52 USES.
   (A)   The following uses shall be permitted in the Harlem Avenue Overlay District. These regulations shall be used in lieu of the permitted use regulations for the B District (§§ 153.150 and 153.151) and B-1 District (§§ 153.160 and 153.161).
   (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)
§ 153.53 BULK AND SCALE.
   This section establishes lot and building requirements for development in the Harlem Avenue Overlay District. These regulations shall be used in lieu of the height and area regulations for the B District (§§ 153.152 and 153.153) and B-1 District (§§ 153.162 and 153.163).
   (A)   Bulk and scale regulations. Development in the Harlem Avenue Overlay District shall comply with Table 153.53.A.
 
Table 153.53.A. Bulk and Scale Regulations in the Harlem Avenue Overlay District
District
Minimum Lot Size
Building Bulk and Scale
Lot
Width
(W)
Lot
Area
Max. Height
Minimum Yards
Front Yard (F)
Corner Side Yard (CS)
Interior Side Yard (IS)
Rear Yard (R)
B Business
30'
5,000 sq. ft.
35' for building s without resident ial use, or 50' when resident ial uses are included as the pre- dominant use in the upper floors
N/A
N/A
10'
20', unless any structu re on the lot has a height greater than 25', then subject to the regulat ions of 153.53. 2 below
B-1 Restricted Service District
60', measured at the building setback line
10,00 0 sq. ft.
30', unless development includes upper-floor residential, then 40'
30', unless more than 50% of the structures that front Harlem Avenue on the same block have smaller front yard setbac ks, then the average front yard setbac k of such structures
10', unless adjacen t to a single-family residen tial lot, then 20' plus 1' for every additional 1' of building height above 20'
10' or 10% of lot, whichever is less, up to 20'
20', unless any structu re on the lot has a height greater than 25', then subject to the regulations of 153.53. 2 below
 
   (B)    Reside ntial units permit ted as a compon ent of mixed use develo pment shall confor m to the follow ing minimum unit sizes; 1-bedroom – 950 square feet; 2-bedroom – 1,100 square feet; 3-bedroom – 1,300 square feet.
 
   (C)   For development that has a building height of 35 feet or greater, structures shall be stepped back in order to create a greater setback as height increases in accordance with the following:
      (1)   No portion of the structure shall be taller than 35 feet within 20 feet of the rear lot line.
      (2 )    Any portion of the structure taller than 35 feet shall be se tback at least 40 feet from the re ar lot line.
 
(Ord. O-39-15, passed 10-6-15)
§ 153.54 BUILDING DESIGN.
   Development in the Harlem Overlay District is subject to the standards in the city Commercial Areas Design and Development Guidelines. The following regulations are applicable in addition to the Design and Development Guidelines.
   (A)   Facade transparency.
      (1)   Building facades that front on Harlem Avenue or intersecting side streets shall include transparent materials in accordance with Table 153.54.A below.
 
Table 153.54.A. Transparent Facade Area Requirements
Harlem Avenue Frontage
Intersecting Side Street Frontage
Ground Floor
70%
50%
Upper Floor(s)
20%
12%
 
      (2)   Ground floor transparency calculation.
         (a)   Building facades shall include a bulkhead with a minimum height of 18 inches that separates ground floor windows from the grade of a lot.
         (b)   The eligible transparent portion of the ground floor facade shall include the portion of the facade between the top of the required bulkhead and a horizontal line drawn seven feet above the top of the bulkhead, and running the entire width of the facade.
         (c)    The trans parent facade area shall be calculated by dividing the transparent area (including windows, window mullions not greater than two inches wide, and conforming window signs) of the eligible transparent portion of the ground floor facade, by the total eligible transparent portion of the ground floor facade.
 
      (3)   Upper floor(s) transparency calculation.
         (a)   The eligible transparent portion of each upper floor facade shall include the portion of the facade between the interior finished floor line for that story and the interior finished floor line for the story above, and running the entire width of the facade. For the topmost floor of a building, the upper limit of the eligible transparent portion shall be a line drawn 10 feet above the interior finished floor line of that story.
         (b)    The trans parent facade area of each upper floor shall be calculated by dividing the transparent area (including windows, window mullions not greater than two inches wide) of the eligible transparent portion of the upper floor facade, by the total eligible transparent portion of that upper floor facade.
 
   (B)   Facade articulation.
      (1)   A variation in the facade plane shall be provided no more than every 40 feet for facades fronting on Harlem Avenue or an intersecting street.
      (2)   Conforming facade variations include changes in the depth of the facade of at least four inches, a structural element at least six inches wide and two inches in depth, or a change in building materials that corresponds to a change in the elevation of the roofline.
 
 
 
   (C)     Rear building entries.
      (1)    Businesses with rear parking areas shall provide access to commercial space by one of the following:
         (a)     Direct public access from the parking lot to a rear building entry to the commercial space.
         (b)   Direct public access from the parking lot to a rear building entry to a common internal space that leads to individual commercial spaces.
         (c)   For buildings on corner lots, direct access to the side yard public sidewalk, and corresponding pedestrian connections to entrances on the front or side of the building.
         (d)   For buildings on interior lots that do not provide direct access through the rear portion of the building, a public sidewalk between commercial buildings that provides access to pedestrian connections to commercial entrances on the front of the building.
 
      ( 2)    For buildi ngs that provid e direct access from a rear parkin g area to an indivi dual commer cial space or common intern al space, the follow ing elemen ts shall be provided:
         (a)   A sign identifying the tenant(s) accessible through each public entry point. (This sign shall not count against the total permitted signage for the development.)
         (b)   Building-mounted lighting providing adequate safety throughout the duration of business hours. Such lighting should be aimed to appropriately illuminate the building entry but not spill over onto or create glare for adjacent residential properties.
         (c)   A building entry buffer area of 10 feet by 10 feet that shall remain clear of trash receptacles, inventory, or any other objects that may inhibit accessibility to the public entry.
(Ord. O-39-15, passed 10-6-15)
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