74-922 Certain Large Retail Establishments
In M1 Districts, the City Planning Commission may permit department stores, carpet, rug, linoleum or other floor covering stores, clothing or clothing accessory stores, dry goods or fabric stores, food stores, furniture stores, television, radio, phonograph or household appliance stores, or variety stores, with no limitation on floor area per establishment.
In M1-5 or M1-6 Districts, the 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 the principal vehicular access for such use is not located on a local narrow street;
(b) that such use is so located to draw a minimum of vehicular traffic to and through local streets;
(c) that adequate reservoir space at the vehicular entrance, and sufficient vehicular entrances and exits, are provided to prevent congestion;
(d) that vehicular entrances and exits are provided for such uses and are located not less than 100 feet apart;
(e) that in selecting the site due consideration has been given to the proximity and adequacy of bus and rapid transit facilities;
(f) that such use is so located as not to impair the essential character or the future use of or development of the surrounding area;
(g) that such use will not produce any adverse effects which interfere with the appropriate use of land in the district or in any adjacent district;
(h) that such bulk modifications will not unduly obstruct the access of light and air to surrounding streets and properties; and
(i) 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.