74-161

Retail and service uses

In all Commercial Districts and Manufacturing Districts, the City Planning Commission may permit modifications to uses listed under Use Group VI, as set forth in Sections 32-16 and 42-16 (Use Group VI – Retail and Services), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

  1. For uses listed under Use Group VI, other than those uses for which another permit exists pursuant to Section 74-16, inclusive, the Commission may permit modifications to a size limitation, denoted in the Use Group table with an “S”, beyond any size limitation established by special permit of the Board of Standards and Appeals pursuant to Section 73-16, inclusive.

    In conjunction with such size modification, the Commission may permit: modifications to supplementary use regulations, including enclosure and location within buildings provisions; or    modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.
  2. In order to grant such permit, the Commission shall find that:
    1. such use will not impair the character or the future use or development of the surrounding area;
    2. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
    3. the modifications are necessary to support the operation 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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