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In order to provide for the protection and enhancement of specialty retail and antique store uses in the Jackson Square area, there shall be established the Jackson Square Special Use District as designated on Sectional Map No. SU01 of the Zoning Map. The boundaries of this Special Use District shall be coterminous with the boundaries of the Jackson Square Historic District as established by Appendix B to Article 10 of this Code and further described in Section 3 of that Appendix, and shall also include Lot 4 of Block 195. The following provisions shall apply within the Jackson Square Special Use District:
(a) Purposes. These controls are intended to protect and enhance the unique retail character of the Special Use District. All decisions of the Planning Commission and Department for the establishment of ground floor use shall be guided by the following factors:
(1) Continuation and enhancement of existing ground floor retail uses are of critical importance to the character of the District and displacement of such uses should be discouraged;
(2) Attraction and retention of similar new retail establishments that conform with the character of this District should be encouraged; and
(3) Uses that greatly intensify the density of employment have a negative impact on the provision of neighborhood services, traffic circulation, and limited on- and off-street parking.
(1) General. The provisions of the C-2 use district as established in Section 210.2 and applicable provisions of the Washington-Broadway Special Use Districts (Section 239), and the Chinatown Community Business District (Section 810), shall prevail except as provided in paragraphs (2) and (3) below.
(2) Conditional Uses.
(A) Office Uses, Business Services, and Institutional Uses. Office Uses, Business Services, and Institutional Uses, as defined in Section 102 of this Code, at the ground floor are subject to Conditional Use authorization pursuant to Section 303 of this Code, provided, however, that building lobbies, entrances, and exits to and from the basement, ground floor, or upper floors, and other reasonably-sized common areas at the ground floor shall be permitted without Conditional Use authorization. In addition to the findings required under Section 303(c) for Conditional Use authorization, the Commission shall make the following findings:
(i) The use shall be necessary to preserve the historic resource and no other use can be demonstrated to preserve the historic resource.
(ii) The use shall be compatible with, and shall enhance, the unique retail character of the District.
(B) Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant, and Bar uses may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1(d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use:
(i) A Bar may occupy a space that is currently or last legally occupied by a Bar;
(ii) A Restaurant may occupy a space that is currently or was last legally occupied by a Restaurant or Bar; and
(iii) A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant, or Bar.
(iv) Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant, or Bar.
(C) Exception for Certain Proposed Limited Restaurant Uses. A proposed Limited Restaurant use is Principally Permitted, shall not be required to obtain a Conditional Use authorization pursuant to subsection (b)(2)(B) above, and shall not be subject to the limitation of subsection (b)(2)(B)(iii) above if an application for a building permit necessary for the establishment of such use was filed with the City by July 19, 2018.
(3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code, are prohibited.
(Added by Ord. 203-03, File No. 030040, App. 8/1/2003; amended by Ord. 217-06, File No. 060345, App. 8-7-2006; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 29-20, File No. 191257, App. 2/14/2020, Eff. 3/16/2020)
Divisions (a) and (b)(1) amended; former divisions (b)(2)(a) and (b) redesignated as (b)(2)(A) and (B) and internal references adjusted accordingly; division (b)(3) amended; Ord. 232-14 , Eff. 12/26/2014. Divisions (b)(2)(A) and (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(2)(A) and (b)(2)(B) amended; divisions (b)(2)(B)(i)-(iv) added; Ord. 47-18, Eff. 4/16/2018. Division (b)(1) amended; Ord. 208-19, Eff. 10/21/2019. Divisions (b)(2)(A), (b)(2)(B), and (b)(2)(B)(iii)-(iv) amended; division (b)(2)(C) added; Ord. 29-20, Eff. 3/16/2020.