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(1) Use Regulations. Where the Chart at § 14-205 provides for Commercial/Offices/Signs, the following uses shall be permitted as set forth below.
(a) Professional Offices. In any structure erected in this district, offices of any doctor of medicine, osteopathy, dentistry, chiropractic, optometry or podiatry; minister or lawyer shall be permitted; provided, that not more than one assistant shall be regularly employed therein, and no colleagues or associates shall use such office. A building may contain more than one office, but in no event shall any office or offices be above the first story of a building of 5 stories or less, nor above the second story of a building of 6 or more stories. Accessory uses, customarily incidental to such professional offices shall be permitted; provided, that such accessory use does not occupy more than 25% of the professional floor area, and does not include any open air storage of materials.
(b) Commercial Uses. In any structure of 6 stories or more hereafter erected in this district, the commercial uses below listed shall be permitted subject to the limitations set forth:
(.1) Such uses shall be permitted only in structures containing 25 or more dwelling units, at the rate of 50 square feet of commercial area for each dwelling unit actually existing at the time of the beginning of such commercial use;
(.2) The minimum gross floor area of any commercial use shall be 500 square feet and the maximum gross floor area for any commercial use shall be 6,000 square feet;
(.3) No commercial use shall be above the first story of the structure;
(.4) The only uses permitted shall be:
(.a) Sales at retail, separately or in any combination, in completely enclosed stores or shops, on the premises, and dealing directly with the consumers; apparel, confections, drugs, flowers, food, giftshop goods and greeting cards, jewelry (including watch repair), reading material, tobacco goods, and variety store goods, beauty shop, barber shop, custom tailoring or dressmaking, laundry pick-up agency (provided that no laundering or dry cleaning shall be done on the premises), restaurant, and soda or ice cream fountain;
(.b) Accessory uses, customarily incidental to any of the above permitted uses; provided, that the accessory use does not occupy more than 25% of the commercial floor area and does not include open air storage of materials; and further provided, that no sign of any sort shall be visible from the outside of the building in which such use is located.
(c) Signs. Signs shall be permitted to the extent provided for in § 14-211(1)(c).
(2) Area Regulations.
(a) Yards, General Provisions. Subject to the minimum yards set forth in the Charts in § 14-205, the front, side and rear yards in this district shall be defined as the open area created on the lot by the following requirements:
(.1) Any wall of a structure containing one or more legally required windows shall be located so that every point of said wall shall be a minimum horizontal distance from the lot line equal to 1/2 of the height of said point above the average ground level at the base of the structure; provided, that where said wall faces upon a street, said distance may be measured from the centerline of said street rather than the lot line.
(b) Courts. Courts, when used, shall be in addition to the open area required, and shall have minimum widths as follows:
(.1) The minimum width of open courts not between wings of the same building shall be the same as for side yards;
(.2) The minimum width of courts between wings of the same structure shall be determined by the following requirements:
(.a) For buildings of 3 stories or less and not in excess of 35 feet high, the minimum width shall be not less than the length or depth of such court;
(.b) For buildings over 3 stories or over 35 feet in height, whichever is less, the minimum width shall be not less than the length or depth of such court plus of that portion of the height of the building over 3 stories or 35 feet;
(.3) The dimensions of an inner court shall be equal to the height of the higher wall between which each dimension of the inner court is being measured.
(3) Additional Floor Area. In addition to the basic floor area, any building in this district shall be permitted additional gross floor area in accordance with the following provisions, which shall be cumulative in their effect:
(a) Buildings Constructed Back from Streets Fifty Feet or More in Width. Where a building or any portion thereof is constructed back, at ground level, from the street line of any street of 50 feet or more in width, there shall be permitted 2 square feet of additional gross floor area for each square foot between the street line and the building (including areas of required yards); provided, that the foregoing shall not apply to any area which lies further from the street line than 50% of the depth of the lot;
(b) Buildings Constructed Back from Streets Less than Fifty Feet in Width. Where a building or any portion thereof is constructed back, at ground level, from the street line of any street of less than 50 feet in width, there shall be permitted 1 square foot of additional gross floor area for each square foot between the street line and the building (including areas of required yards); provided, that the foregoing shall not apply to any area which lies further from the street line than 50% of the depth of the lot;
(c) Buildings Constructed Away from Rear Lot Line, Not a Street Line. Where a building or any portion thereof is constructed away, at ground level, from a rear lot line which is not a street line, there shall be permitted 0.7 square feet of additional gross floor area for each square foot between the rear lot line and the building (including areas of required yards); provided, that the foregoing shall not apply to any area which lies further from the rear lot line than 50% of the depth of the lot;
(d) Buildings Constructed With Open Arcades. Where a building or any portion thereof is constructed so that at the ground level there is an open arcade of at least 10 feet in unobstructed width which abuts a sidewalk and is open to public use at all times, there shall be permitted 0.3 square feet of additional gross floor area for each square foot in said arcade; provided, that this sub-paragraph shall also apply to buildings cantilevered to produce an effect similar to an arcade at least 10 feet in unobstructed width;
(e) Open Areas Separated from a Street Line by an Open Arcade. Where a building or any portion thereof is constructed back, at ground level, to create a continuous open area which is separated from the street line only by an open arcade, there shall be permitted 2 square feet of additional gross floor area for each square foot of such open area where said street line is of a street which is 50 feet or more in width, or 1 square foot of said additional gross floor area for each square foot of such open area where said street line is of a street which is less than 50 feet in width, subject to the following provisions:
(.1) The foregoing shall not apply to any area which lies further from the street line than 50% of the depth of the lot;
(.2) "Continuous open area", as used in this sub-paragraph, shall mean an open area which is unobstructed (except for passage through the open arcade) in a straight line from the building to the street line;
(.3) The additional gross floor area permitted for the area within said open arcade itself shall in all cases be governed by sub-paragraph (d) above;
(f) Other Open Areas Provided at Ground Level. Where a building or any portion thereof is constructed so as to provide open areas at ground level other than those described in sub-paragraphs (a) through (e) above, there shall be permitted 0.6 square feet of additional gross floor area for each square foot of such open area;
(g) Buildings Constructed Away from any Lot Line at First or Second Story Roof Level. Where a building or any portion thereof is constructed away from any lot line (whether or not said lot line is also a street line) above ground level but not beyond the second story roof level, there shall be permitted 0.5 square feet of additional gross floor area for each square foot between the lot line and the building; provided, that where a building or any portion thereof is constructed away from a lot line at successive distances at different levels, the computation of permitted additional gross floor area shall be made for each level, beginning at the ground level, and not including, in each case, areas between the building and the lot line which have already been used in computing permitted additional gross floor area at another level;
(h) Areas Used or Intended to be Used for Parking. Any area used or intended to be used for parking purposes shall not be included as permitting additional gross floor area under the provisions of sub-paragraphs (d) and (e) above.
(4) Off-street Parking. Off-street parking shall be provided in accordance with Chapter 14-1400 of this Title. Furthermore, all commercial uses permitted in this district shall provide additional off-street parking on the basis of one parking space for each 1,000 square feet of commercial gross floor area of the building; provided, that requirements shall be rounded to the nearest whole number of spaces, with 1/2 or more being considered to require one additional space.
(5) Off-street Loading. Off-street loading shall be provided for that portion of any building erected which is used for commercial uses listed in this district. Said loading shall be in accordance with § 14-1405 of this Title.
Notes
| 80 | Added, Bill No. 030483 (approved November 13, 2003). |