The provisions of this Chapter shall apply within the Special Atlantic Avenue Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control, except where explicitly stated otherwise in this Chapter.

The regulations of this Chapter are designed to implement the Special Atlantic Avenue Mixed Use District Plan. The district plan includes the following map in the Appendix to this Chapter:

Map 1    Designated Streetscape Frontages

Such map is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions) or 123-11 (Definitions).

For the purposes of applying the Mandatory Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), Mandatory Inclusionary Housing areas within the Special Atlantic Avenue Mixed Use District are shown in APPENDIX F of this Resolution.

In M1 Districts paired with a Residence District, all applicable commercial and 
manufacturing uses may only locate in the same building as, or may only share a 
common wall with, a building containing a residence or a community facility use with 
sleeping accommodations:

1. where the provisions of paragraph (b)(1) of Section 123-22 (Additional Conditions for Certain Uses) are met; or
2. where the Chairperson of the City Planning Commission certifies an alternative means of compliance pursuant to Section 146-12, and an (E) designation listed in APPENDIX C of this Resolution applies to all tax lots with such uses in accordance with Section 11-15 (Environmental Requirements), establishing specific building design or other environmental requirements in order to protect occupants of the building and surrounding properties from any hazardous materials, noise or air quality associated with such commercial or manufacturing uses. 

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except where Map 1, in the Appendix to this Chapter, designates:

1. ground floor level street frontages that shall be considered Tier C street frontages; and 
2. ground floor level street frontages where the alternative provisions for Tier B street frontages set forth in Section 32-322 shall not apply.

The yard regulations of the underlying districts shall apply, except that for zoning lots where the side lot line is located within 30 feet of an elevated rail line, the rear yard and rear yard equivalent provisions of Section 23-34 (Rear Yard and Rear Yard Equivalent Requirements), inclusive, need not apply. 

In all districts, no accessory off-street parking spaces shall be required for manufacturing, commercial, or community facility uses.

In C6-3A, C6-3X and M1-4A/R9A Districts, for zoning lots with a lot area of at least 30,000 square feet, the City Planning Commission may authorize an increase in the maximum floor area ratio where a public plaza is provided on the zoning lot in accordance with the provisions of Section 37-70 (PUBLIC PLAZAS), inclusive. 

In conjunction with such floor area bonus, the Commission may authorize modifications to the applicable bulk regulations of this Resolution, or to the regulations governing public plazas in Section 37-70, inclusive.

In order to grant such authorization, the Commission shall determine that the conditions and limitations of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions and limitations
   
   The following conditions and limitations shall apply:
   1. For the purposes of determining the bonus ratio in Commercial Districts with a residential equivalent of an R9 District, or in M1 Districts paired with an R9 District, the underlying bonus ratio for a C6-3 District shall apply. The floor area bonus resulting from applying such ratio shall not exceed 20 percent of the maximum floor area ratio otherwise permitted by the district.
   2. Modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height otherwise permitted by the applicable district regulations; and
   3. Modifications to the regulations governing public plazas shall be limited to:
      1. the basic design criteria set forth in Section 37-71, inclusive, other than the area dimensions of Section 37-712;
      2. the access and circulation provisions set forth in Section 37-72, inclusive, other than hours of access set forth in Section 37-727; and
      3. the types and standards for amenities, set forth in Section 37-74, inclusive.
2. Findings
   
   The Commission shall find that:
   1. the public benefit derived from the public plaza merits the amount of additional floor area being granted pursuant to this Section;
   2. the public plaza will be well-integrated with the overall pedestrian circulation network and contribute to an enhanced streetscape;
   3. any modifications to bulk are the minimum extent necessary to reasonably accommodate the public plaza and the additional floor area granted pursuant to this Section and will not unduly obstruct access to light and air to surrounding streets and properties; and 
   4. any modifications to public plaza regulations are the minimum extent necessary, and will better align such public plaza regulations with unique site configurations or with the mixed-use character of the neighborhood. 

The City Planning Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.