63-20 Special Bulk and Parking Regulations

Where a FRESH food store is provided on a zoning lot, the maximum residential floor area permitted on the zoning lot shall be increased by one square foot for each square foot of FRESH food store floor area provided, up to 20,000 square feet.

However, for zoning lots that do not contain a Quality Housing building, where any non-residential use has a permitted floor area ratio greater than that permitted for a residential use, the total floor area ratio of the zoning lot shall not exceed the maximum permitted floor area ratio for such non-residential use.

For height factor and open space ratio calculations, where applicable, the increased residential floor area generated pursuant to this Section shall be exempt from such calculations.

For compensated developments or MIH developments, as defined in Section 23-911 (General definitions), the requirements of Section 23-154 (Inclusionary Housing) shall not apply to the increased residential floor area generated pursuant to this Section.

For zoning lots containing a FRESH food store and residences, the City Planning Commission may authorize modifications to Sections 35-65 (Height and Setback Requirements for Quality Housing Buildings), or to the height and setback regulations of any Special Purpose District where maximum height limits apply to allow the applicable maximum building height to be increased by up to 15 feet and by up to one story, provided that the portion of the first story occupied by a FRESH food store has a minimum finished floor to finished ceiling height of 14 feet, and provided that such finished ceiling height is at least 14 feet above the base plane or curb level, as applicable.

In order to grant such authorizations, the Commission shall find that:

For all developments containing FRESH food stores, or ground floor level enlargements containing FRESH food stores, the following provisions shall apply. For the portion of the building containing a FRESH food store, the ground floor level of the street wall fronting upon a primary street frontage shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

Furthermore, for FRESH food stores with frontage on two or more streets, the Chairperson of the City Planning Commission may certify that the glazing requirements of this Section shall only be applicable to the street wall fronting upon the principal street, as determined by the Chairperson.

In addition, the Chairperson may, by certification, allow a reduction in the glazing requirements of this Section, provided that the Chairperson finds that such building is a recipient of public funding. For the purposes of this Section, defined terms shall include those in Sections 12-10, 23-911 and 37-311.

For FRESH food stores provided as part of a development or enlargement, for any portion of such FRESH food store subsequently changed to any other use pursuant to Section 63-40 (CERTIFICATION FOR CHANGE OF USE OF A FRESH FOOD STORE) or Section 63-50 (AUTHORIZATION FOR BULK AND PARKING MODIFICATIONS), if such change of use occurs less than 25 years after the initial issuance of a certificate of occupancy for such FRESH food store, accessory off-street parking regulations shall apply to such changed use as if the use is at that time occurring as part of a development or enlargement. Application may be made for an authorization pursuant to Section 63-50.