Special Permit for Ground Floor Uses in Residence Districts

In all Residence Districts, for buildings containing residential uses, the Board of Standards and Appeals may permit offices, as listed in Use Group 6B, provided that the conditions of paragraph (a) of this Section, and the findings of paragraph (b) of this Section are met:

(a)        Conditions

All applications shall be subject to the following conditions:

(1)        the building complies with flood-resistant construction standards;

(2)        the office use is located on the lowest story above grade within the building;

(3)        access to such office use is from a separate entrance than that serving the residential portion of the building;

(4)        the floor area associated with such office use shall be considered as community facility use for the purposes of determining compliance with the applicable district floor area ratio regulations, and amount of floor area attributed to such office use shall not exceed 10,000 square feet;

(5)        the office use complies with the accessory off-street parking regulations for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), in accordance with Article II, Chapter 5 (Accessory Off-Street Parking and Loading Regulations); and

(6)        such office use complies with accessory signs regulations for buildings containing residences, as set forth in Section 22-32 (Permitted Non-Illuminated Accessory Signs).

(b)        Findings

In order to grant the special permit, the Board shall find that:

(a)        such office use will generate a minimum of vehicular traffic to and through local streets and will not create traffic congestion;

(b)        such office use will not produce objectionable effects; and

(c)        such office use will not alter the essential character of the neighborhood in which the building is located.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.