124-60

SPECIAL PERMIT TO MODIFY USE OR BULK REGULATIONS

For any zoning lot within the Special Willets Point District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission shall find that such:

(a)        use or bulk modification shall aid in achieving the general purposes and intent of the Special District;

(b)        use modification shall encourage a lively pedestrian environment along the street, or is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications shall enhance the distribution of bulk within the Special District;

(d)        bulk modifications shall permit adequate access of light and air to surrounding streets; and

(e)        use or bulk modification shall relate harmoniously to the character of the surrounding area.

Notwithstanding the foregoing, a use modification may include a use proposed as part of a phased development within the Special District, where the Commission finds that such use is reasonably necessary for transitional purposes to assist in achievement of the goals of the Special District, provided the findings of paragraphs (a), (b) and (e) of this Section are met to the maximum extent possible, taking into account the nature of such use.

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

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