For mixed buildings developed on qualifying sites, the provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit the following uses, subject to the underlying zoning district regulations, on the same story as, or at any story above, residential uses, provided that no access exists between such uses at any level above the ground floor:

open or enclosed observation decks;

open or enclosed publicly accessible spaces;

eating or drinking establishments, as listed in Use Groups 6A, 6C, 10A and 12A;

bowling alleys, as listed in Use Group 8A and 12A;

theaters, as listed in Use Group 8A;

commercial art galleries, as listed in Use Group 6C;

health and fitness establishments, as listed in Use Groups 6C and 9A;

wedding chapels and banquet halls, as listed in Use Group 9A;

enclosed skating rinks, as listed in Use Group 12A; and

swimming pools and gymnasium uses which are accessory to any other use located within the building.

For such uses, the provisions of Section 32-41 (Enclosure Within Buildings) shall not apply.