Location of and Access to Arts and Entertainment Uses  

Any arts and entertainment uses listed in Section 97-11 that are provided in order to comply with the requirements of Section 97-12 (Arts and Entertainment Use Requirement) or Section 97-422 (Floor area bonus for visual or performing arts uses) shall be subject to the following location and access requirements:

The designated uses listed in Section 97-11 may be located anywhere throughout a building that fronts on 125th Street, subject to the following conditions:

(a)        any such designated uses within the Core Subdistrict required pursuant to Section 97-12 shall be accessed from 125th Street; and

(b)        any residential use shall be located on a floor wholly above any commercial use; or

(c)        any commercial use may be permitted on the same story as a residential use, provided that:  

(1)        no access exists between commercial uses and residential uses at any level; and

(2)        commercial uses are not located directly over any residential uses.

Such commercial use, however, may be located over a residential use by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.