Special floor area requirement for certain commercial uses

(a)        For each square foot of commercial floor area in a building occupied by the uses listed in paragraph (a)(1) of this Section, an equal or greater amount of residential, community facility or commercial floor area shall be provided from uses listed in paragraph (a)(2) of this Section.

(1)        Use Groups 6A and 6C, except for:

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour

Docks for water taxis with vessel capacity limited to 99 passengers

Docks or mooring facilities for non-commercial pleasure boats;

Use Group 10:

Carpet, rug, linoleum or other floor covering stores, with no limitation on floor area per establishment

Clothing or clothing accessory stores, with no limitation on floor area per establishment

Department stores

Dry goods or fabric stores, with no limitation on floor area per establishment;

Use Group 12:

Antique stores

Art gallery, commercial

Billiard parlor or pool halls

Book stores

Bowling alleys or table tennis halls, with no limitation on number of bowling lanes per establishment

Candy or ice cream stores

Cigar and tobacco stores

Delicatessen stores

Drug stores

Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing

Gift shops

Jewelry or art metal craft shops

Music stores

Photographic equipment stores

Record stores

Stationery stores

Toy stores

(2)        Use Groups 1 and 2

Use Groups 3, 4A, and 4B, except cemeteries

Use Groups 5A, 6B and 8A

(b)        However, the City Planning Commission may authorize a modification or waiver of this provision upon finding that such building includes:

(1)        a superior site plan that enables safe and efficient pedestrian connectivity to and between establishments and publicly accessible areas;

(2)        a superior parking and circulation plan that reduces conflicts between pedestrian and vehicular traffic, minimizes open parking lots and limits conflicts between curb cuts;

(3)        a design that enhances and is integrated with publicly accessible        areas including provision of a public entrance fronting on a waterfront public access area;

(4)        a variety of retail establishments; and

(5)        uses that do not unduly affect the residential uses in the nearby area or conflict with future land use and development of adjacent areas.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of any such uses on publicly accessible areas.