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.

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.

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 173-25, approved 9/5/2025, effective 10/6/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) An existing Non-Residential Use with Non-Residential Use Size larger than principally permitted (i.e., a use size that is either conditionally permitted or not permitted) may be divided into two or more smaller Non-Residential Uses where this Section 121.5 is referenced in the use size controls applicable to the district. Conditional Use Authorization is not required for such a division or for the individual resulting Non-Residential Use Sizes, provided the division does not cause a Net Addition of Gross Floor Area.

(b) Regardless of whether Section 121.5 is referenced in the applicable use size controls pursuant to subsection (a), this Section does not apply to:

(1) Use size limits set forth in Special Use Districts;

(2) Use size limits that apply per lot;

(3) Districts established pursuant to a development agreement or redevelopment plan;

(4) P (Public) Districts (Section 211); and

(5) Chinatown Mixed Use Districts (Sections 810, 811, and 812).

(Added by Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025)

(Former Sec. 121.5 added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

CODIFICATION NOTE

1. The name of Section 121.5 was not marked for addition in Ord. 173-25. The name has been included here in square brackets to indicate that it is unofficial.