Location of uses

(a)        Buildings containing commercial and residential uses

In any mixed building, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall apply, except that dwelling units shall be permitted 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, commercial uses may be located on a higher story than any dwelling units, including 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. Any application to authorize such a modification shall be referred to the local community board. The Commission shall not grant such authorization prior to forty-five (45) days following the referral.

(b)        Buildings containing certain commercial or industrial uses

No dwelling units shall be permitted within any building which also contains a use listed in Use Groups 16, 17, or 18.

(c)        Limitation on access to dwelling units

In any building containing residential uses, no direct access shall be provided from the exterior of the building to an individual dwelling unit. However, access to dwelling units shall be permitted through shared entrances, lobbies or courts.