§ 73-53 Enlargements or Extensions of Certain Manufacturing or Related Uses
ZR § 73-53
(a)In all districts, the Board of Standards and Appeals may modify use and bulk regulations to permit the enlargement or extension of floor area of a conforming or non-conforming referenced commercial and manufacturing use, provided that:
(1)such use is not subject to termination pursuant to Section 52-70, et seq.;
(2)the use for which such special permit is being sought has been lawfully located on the zoning lot on which the expansion is to occur, or a portion thereof, for five years or more;
(3)the building in which such use is located has not previously been enlarged, pursuant to Sections 11-412, 43-121 or 72-21;
(4)the use is not one listed in Use Group X and is permitted only in Manufacturing Districts; and
(5)in a Residence District, such enlargement or extension shall be permitted in existing floor area or on a vacant portion of a zoning lot only when no lawful residential use has occupied such floor area or vacant portion of a zoning lot at any time during the five years prior to the date of application for such special permit.
(b)Any enlargement or extension permitted pursuant to this Section shall be subject to the following requirements:
(i)45 percent of the floor area occupied by such use on December 17, 1987; or
(ii)2,500 square feet additional to the floor area occupied by such use on December 17, 1987.
In no event shall the amount of enlargement or extension under paragraph (b)(i) of this Section exceed 10,000 square feet additional to the floor area occupied by such use on December 17, 1987;
(6)no enlargement or extension that exceeds 16 feet above curb level shall be permitted within eight feet of the side lot line that coincides with a rear lot line of a zoning lot in a Residence District;
(7)no open uses of any kind, including storage or processing, shall be permitted within eight feet of the side lot line that coincides with a rear lot line of a zoning lot in a Residence District;
(8)no enlargement or extension, or open uses of any kind, including storage or processing, shall be permitted within eight feet of the lot line which coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District; and
(9)no side yard shall be required in an R6 through R12 Districts or in a Commercial District or Manufacturing District; however, if such side yard is provided, it must be at least eight feet in width.
(c)In granting such special permit, the Board shall find:
The Board may prescribe appropriate conditions and safeguards including, if appropriate, limitations on hours of parking and delivery, requirements for off-street loading, and location of curb cuts to minimize adverse effects of the enlargement, extension or existing uses on the character of the surrounding area, and to protect residential or commercial zoning lots.
