74-84 - Certain Large Retail Establishments

LAST AMENDED
12/5/2024

In M1-5 or M1-6 Districts, the City Planning Commission may modify the applicable regulations governing height and setback
or #yards# for a change of #use#, #extension# or minor #enlargement# involving a large retail establishment.

In M1-5M Districts, the Commission may also modify the applicable regulations governing loading berths so as to allow the
location of such berths off-site in conjunction with a change of #use#, #extension# or #enlargement# of a large retail
establishment with a #floor area# of at least 25,000 square feet within a #building# designed for #residential use#.

As a condition of granting a special permit for such large retail establishments, the Commission shall find:

(a)    that such #bulk# modifications will not unduly obstruct the access of light and air to surrounding streets and properties;
       and

(b)    that in the case of modification of loading berth regulations to allow off-site loading berths, the Commission further
       finds:

       (1)    that an adequate alternate loading facility in the same ownership (single fee ownership or control or alternative
              ownership arrangements of the #zoning lot# definition in Section 12-10) as the retail store is provided, subject to a
              deed restriction filed in an office of record binding the owner and his heirs and assigns to maintain the alternate
              facility throughout the life of the retail store;

       (2)    that the alternate loading facility is located within the same district or an adjoining C6-M, C8 or #Manufacturing
              District# and the maximum distance between the two sites is 1000 feet;

       (3)    that the location of the loading berths on the same #zoning lot# as the retail store would have a significant impact
              on the existing #residential uses# in the #building#;

       (4)    that the location of the loading berths on the same #zoning lot# as the retail store would create serious vehicular
              and pedestrian traffic conflict on the #street# upon which the store fronts; and

       (5)    that the alternate location of such loading berths will not unduly affect the movement of pedestrians or vehicles
              on the #streets# surrounding the alternate site.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the
surrounding area.