73-161 - Retail and service uses

LAST AMENDED
6/6/2024
In all #Commercial Districts# and #Manufacturing Districts#, the Board of Standards and Appeals 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.

(a)   For #uses# listed under Use Group VI, other than those #uses# for which another permit exists pursuant to Section 73-
      16, inclusive, the Board may permit:

       (1)    modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not
              exceed 200 percent of the amount set forth in Use Group VI;

       (2)    modifications to supplementary #use# regulations, including enclosure and location within #buildings#
              provisions; or

       (3)    modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental
              standards, geographic limitations, or other measures.

(b)    In order to grant such permit, the Board 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#; and

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