Ground Floor Use Regulations
For the purposes of applying to this Chapter the special ground floor level streetscape provisions set forth in Section 37-30, any portion of a ground floor level street frontage along Bay Street, as well as any street frontage within 50 feet of Bay Street, shall be considered a primary street frontage. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, inclusive, defined terms shall include those in Sections 12-10 and 37-311.
The provisions of this Section shall apply to developments or ground floor level enlargements.
(a) Along primary street frontages
For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).
For zoning lots with a lot area of less than 5,000 square feet existing both on June 26, 2019 and on the date of application for a building permit, the provisions of this paragraph (a) shall not apply. In lieu thereof, the provisions of paragraph (b) of this Section shall apply.
In flood zones, visual mitigation elements shall be provided in accordance with the provisions for Type 3 blank walls set forth in Section 37-361 (Blank wall thresholds).
(b) Along secondary street frontages
For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35.
The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.