§ 74-84 Certain Large Retail Establishments
ZR § 74-84
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:
that such bulk modifications will not unduly obstruct the access of light and air to surrounding streets and properties; and
that in the case of modification of loading berth regulations to allow off-site loading berths, the Commission further finds: 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; 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; 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; 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 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.
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;
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;
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;
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
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.
