Use Regulations

In the areas indicated as permitted commercial locations in Appendices 2.3 and 3.3, the use regulations applying in a C2 District shall apply, except as provided in Sections 84-031 (Special permit uses), 84-032 (Uses not permitted), 84-121 (Uses along Esplanade) and this Section.

In the case of a mixed building containing residential and commercial uses, residential uses are permitted on the same story as a commercial use, provided no access exists between such uses at any level containing residences and provided any commercial uses are not located over any residences. However, such commercial use may be located over residences by authorization of the City Planning Commission upon finding that sufficient separation of residences from commercial uses exists within the building.

Notwithstanding any other provisions of this Resolution, the permitted uses listed in Use Groups 6, 7, 8, 9 or 14 and the additional uses permitted hereunder shall be limited, per establishment, to 10,000 square feet of floor area of any story and shall not be located above the first story ceiling, except that:

(a)        in any building containing an arcade required in Section 84-134 (Mandatory arcades), any permitted use may be located above the first story ceiling and below the second story ceiling; and

(b)        supermarkets are permitted with no limitation on floor area.

Notwithstanding any other provisions of this Resolution, the zoning lot south of First Place and east of Battery Place may contain residential uses, transient hotel uses where permitted pursuant to Section 32-02 (Special Provisions for Hotels), or both residential and hotel uses.

In the case of hotel uses on this zoning lot:

(1)        a health and fitness establishment may be permitted; and

(2)        an eating and drinking establishment, as permitted in Section 32-15 (Use Group 6), and a health and fitness establishment or a non-residential accessory use, may be located above a story containing residential uses.