17.3 Uses

17.3.A Permitted and Conditional Uses   

Only those uses of land listed under Table 17-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Central Business Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

⁷As authorized in Article 22, Section 22.8.B.2.a

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,389, §1, May 8, 2017, Zoning Docket 22/17; Ord. No. 27,706, §1, April 2, 2018, Zoning Docket 94/17; Ord. 28036 MCS, Sec. 1, March 28, 2019, ZD 112/18; Ord. 28176, Sept. 5, 2019, ZD 59/19; Ord. 28219 MCS, Oct. 17, 2019, ZD 45/19; Ord No 28,156 MCS, §11, August 8, 2019, Zoning Docket 26/19 & 27/19; Ord. 28497 MCS, 9-17-20, ZD 52/20; Ord. 28,322 MCS, §4, February 28, 2020, Zoning Docket 117-19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28696 MCS, 6-3-21, ZD 16/21; Ord. 28737 MCS, 7-15-21, ZD 28/21; Ord 28905 MCS, 1-6-22, ZD 83/21; Ord. 29126, 8-12-22, ZD016/22; Ord 29157 MCS, 9-12-22, ZD 030/22; Ord. 29284 MCS, 1-5-23, ZD 63/22; Ord. 29636, 9-13-23, Zoning Docket 46-23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23

17.3.B Use Restrictions   

17.3.B.1 Required Uses for Ground Floors of Structures with Frontage on Multi-Modal/Pedestrian Corridors   

In all CBD Districts, on sites that have at least fifty (50) feet of frontage along a multi-modal pedestrian corridor as defined in Section 17.6, at least twenty-five percent (25%) of the floor area of the ground story of a structure shall be allocated for occupancy by a commercial use authorized in the district and/or the related ancillary uses for a hotel/motel (as provided in Article 26), and/or the amenity components of a multi-family residence. Only the net floor area of the uses not including corridors or other spaces used in common with other uses, is counted in determining the amount of floor area allocated. Single-family dwellings, two-family dwellings, educational facilities, ferry terminals, public transportation wait stations, and townhouses are exempt from this use restriction.

 

Adopted by Ord. 29126, 8-12-22, ZD016/22

17.3.B.2 Required Uses for Properties Abutting Canal Street   

a.  In all CBD Districts, where a lot abuts Canal Street, at least seventy percent (70%) of the Canal Street frontage of the ground floor of any structure on the lot shall be allocated for occupancy by one (1) or more commercial uses and/or multi-family amenity components. Such uses shall have a minimum depth of ten (10) feet from the wall of the structure that faces Canal Street. Only the frontage of those uses, not including corridors or other spaces used in common with other uses, is counted in determining the amount of frontage allocated.

b.  For any hotel/motel located in a structure on a lot that abuts Canal Street in any CBD District, the lobby of the hotel/motel may count toward meeting one-half (1/2) of the seventy percent (70%) frontage requirement.

c.  For the purpose of meeting these space requirements, space will qualify only if it is at street level and if it is directly accessible to the public from a sidewalk or other public pedestrian way.

d.  The following uses are prohibited in properties that abut Canal Street in any CBD Districts:

i.  Restaurant, Fast Food

a. Except when the unit has a primary entrance on a street intersecting Canal Street and that entrance is at least 100 feet from Canal Street, and no part of the Fast Food use has frontage along Canal Street.

ii.  T-shirt shop

Adopted by Ord. 29126, 8-12-22, ZD016/22

17.3.B.3 Prohibited Uses on Multi-Modal/Pedestrian Corridors   

The following uses are prohibited in properties that abut designated multi-modal/pedestrian corridors (See Section 17.6):

a.  Gas station

b.  Motor vehicle rental establishments with outdoor display areas (only those that are fully enclosed are permitted)

17.3.B.4 Spacing of Restaurants in CBD-5 District   

One of the following uses is permitted per blockface within the CBD-5 District:

a.  Restaurant, Standard

b.  Restaurant, Specialty

c.  Restaurant, Fast Food

d.  Restaurant, Carry-Out

When the restaurant has frontage on more than one blockface, the restriction applies to the blockfaces where the use has public access.

Adopted by Ord. 29126, 8-12-22, ZD016/22

17.3.B.5 Breweries in the CBD-2 and CBD-7 Districts   

In the CBD-2 and CBD-7 Districts, only breweries and distilleries that produce fewer than 12,500 barrels per year are considered permitted uses.

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21