106-32

Special Permit Provisions for Manufacturing and Commercial Uses

The City Planning Commission may permit within the Special Coney Island Mixed Use District:

(a)        uses listed in Section 106-311 (Use Group M) or commercial uses in developments not permitted by the provisions of Section 106-31 (Special Provisions for As-of-Right New Buildings for Use Group M or Commercial Use);

(b)        change of use from a residential use to Use Group M or commercial use; and

(c)        modifications in yard regulations for Use Group M or commercial uses in developments or enlargements;

provided that the following findings are made:

(1)        that such use will comply with the regulations on performance standards of M1 Districts;

(2)        that additional truck traffic generated by such use or the modification of yard regulations will not create harmful, congested or dangerous conditions; and

(3)        that a change of use from residential to Use Group M or commercial use shall not displace or preempt any building which is essential to the functioning and growth of existing residences within the district.

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

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