74-161 - Retail and service uses

LAST AMENDED
6/6/2024

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.

(a)   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.

(b)    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.