139-141

Location of commercial uses in mixed buildings

(a)        Commercial Districts

In Commercial Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified, for mixed buildings that are developed or enlarged after November 23, 2021, to permit dwelling units on the same story as a commercial use, provided no access exists between such uses at any level containing dwelling units and provided no commercial uses are located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.

(b)        Mixed Use Districts

In Mixed Use Districts, the provisions of paragraph (c)(2) of Section 123-31 (Provisions Regulating Location of Uses in Mixed Use Buildings) shall be modified to allow commercial and manufacturing uses to be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from such uses exists within the building.

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