SEC. 121.4. NON-RESIDENTIAL USE SIZE LIMITS IN MIXED USE DISTRICTS.
In order to protect and maintain small scale use within an historically significant area and to conserve neighborhood-serving uses in Chinatown, Commercial Uses which exceed the use
size limits up to the maximum limits stated in the table below shall be permitted only as Conditional Uses subject to the provisions set forth in Section 303 of this Code. The use area shall
be measured as the Gross Floor Area for each individual commercial use. Individual Commercial Uses above the use size maximum below shall not be permitted, except that a Social
Service or Philanthropic Facility may be permitted as a Conditional Use pursuant to Section 303, subsection (bb) of this Code. Further, any nonconforming use size that exceeds the
maximum below shall be deemed abandoned by any change of use or if no business has operated within the space for more than eighteen months, except a nonconforming use size shall not
be deemed abandoned if (1) the change of use is to a Restaurant that is a Legacy Business or to an Institutional Community Use, or (2) upon Conditional Use Authorization the change of
use is to a Social Service or Philanthropic Facility that primarily serves the Chinatown neighborhood pursuant to Section 303, subsection (bb) of this Code. However, any such abandoned
use size may be re-established if the first use to occupy the space after its abandonment is an Institutional Community Use or a Restaurant use that will be occupied by a Legacy Business.
District
Use Size Maximum
Use Size Limit
Chinatown Visitor Retail
5,000 sq. ft.
2,500 sq. ft.
Chinatown Residential
Neighborhood Commercial
4,000 sq. ft.
2,500 sq. ft.
Chinatown Community Business
5,000 sq. ft.
2,500 sq. ft.
In the Chinatown Visitor Retail, Chinatown Residential Neighborhood Commercial, and Chinatown Community Business Districts, the use size limit shall not apply to a Restaurant that is
a Legacy Business or to an Institutional Community Use.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019;
Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021)
AMENDMENT HISTORY
Undesignated concluding paragraph amended; Ord. 56-13 , Eff. 4/27/2013. Section header and undesignated concluding paragraph amended; Ord. 129-17, Eff. 7/30/2017. Section amended; Ord. 208-19, Eff. 10/21/2019. Section amended; Ord.
197-21, Eff. 12/6/2021.