74-744 - Modification of use regulations

LAST AMENDED
6/6/2024

(a)    #Use# modifications

       (1)    Automotive sales and service #uses#

              For #large-scale general developments#, previously approved by the Commission, in a C4-7 District within the
              boundaries of Manhattan Community District 7, Commission may modify applicable district regulations to allow
              automotive sales and service establishments that include repair services and preparation for delivery, provided the
              Commission shall find that:

              (i)    the portion of the establishment used for the servicing and preparation of automobiles is located entirely in
                     a #cellar# level and below grade or established #curb level#, and the ground floor level of such
                     establishment is used only for showrooms and sales;

              (ii)   sufficient indoor space for storage of vehicles for sale or service has been provided; and

             (iii)   such #use# will not create or contribute to serious traffic congestion and will not unduly inhibit surface
                     traffic or adversely affect pedestrian movement.

       (2)    Retail establishments

              ​​​​​​​For a #large-scale general development# located partially or wholly within the former Seward Park Extension
              Urban Renewal Area, the Commission may modify applicable district regulations to allow #uses# listed under Use
              Groups VI, VIII or X that would be permitted in a C6 District, except for arenas or auditoriums, trade expositions
              and stadiums, provided the Commission finds that:

              (i)    such #uses# will not impair the character of future #uses# or development of the surrounding area; and

              (ii)   the #streets# providing access to such #uses# will be adequate to handle the traffic generated thereby.
(b)    Modifications of #sign# regulations

      (1)    In all #Commercial# or #Manufacturing Districts#, the Commission may, for #developments# or #enlargements#
             subject to the provisions of paragraphs (a)(1), (a)(2) or (a)(3) of Section 74-743 (Special provisions for bulk
             modification), permit the modification of the applicable provisions of Sections 32-64 (Surface Area and
             Illumination Provisions), 32-65 (Permitted Projection or Height of Signs), 32-66 (Additional Regulations for
             Signs Near Certain Parks and Designated Arterial Highways), 42-53 (Surface Area and Illumination Provisions),
             42-54 (Permitted Projection or Height of Signs), 42-55 (Additional Regulations for Signs Near Certain Parks and
             Designated Arterial Highways) and the limitations on the location of #signs# in Sections 32-51 and 42-44
             (Limitations on Business Entrances, Show Windows or Signs), provided the Commission finds that such
             modification will result in a better site plan.

      (2)    For a #large-scale general development# located partially or wholly within the former Seward Park Extension
             Urban Renewal Area, the Commission, by authorization, may make the #sign# regulations of a C6-1 District
             applicable to those portions of such #large-scale general development# within a C2 District, and in addition, may
             modify the provisions of Section 32-68 (Permitted Signs on Residential or Mixed Buildings) to allow #signs#
             #accessory# to non-#residential uses# above the level of the finished floor of the third #story#, provided such
             #signs# do not exceed a height of 40 feet above #curb level#. In order to grant such authorizations, the
             Commission shall find that such modifications are consistent with the amount, type and location of #commercial#
             #uses# that the Commission finds appropriate within such #large-scale general development#.

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