Special Permit for Certain Retail Uses

Within the Special SoHo-NoHo Mixed Use District, the City Planning Commission may, by special permit, allow retail uses in Use Group 10A that exceed the size limitations of Section 143-11, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

(a)        Conditions


For buildings that do not contain accessory off-street loading berths, the application shall include a delivery plan for the retail use. Such loading plans shall be based upon a traffic and curbside management study prepared by a qualified professional, outlining and identifying the operational needs of the tenant as well as adjacent uses.


(b)        Findings


The Commission shall find that:


(1)        in consultation with the Department of Transportation, where a loading plan is provided, such plan will incorporate sustainable best practices in loading, consolidating, timing of deliveries and other delivery methods and procedures;


(2)        such retail use will not create or contribute to serious safety concerns, unduly inhibit pedestrian, cyclist or vehicular movement adjacent to the site; and


(3)        such retail use will not impair the character or the future use or development of the surrounding mixed-use neighborhood.

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