142-12

Location of Uses

In C2 Districts mapped within R7 or R8 Districts, for buildings constructed after August 8, 2018, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified to permit commercial uses listed in Use Groups 6, 7, 8, 9 or 14 on the second story of a building occupied on one or more of its upper stories by residential uses or by community facility uses, and provided no commercial uses are located directly over any dwelling units.

Within the portion of the C2-4 District mapped within an R8A District and the portion of the C2-4 District mapped within an R9A District, located east of Tenth Avenue, south of West 207th Street, west of Ninth Avenue and north of West 206th Street, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be inapplicable. In lieu thereof, Section 32-422 (Location of floors occupied by commercial uses) shall apply.

In C4 or C6 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified for mixed buildings 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.

In Subareas A1, B2 and B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, no uses listed in Use Group 6A, 6C or 10A shall be permitted above the ground floor level.

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