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In all Commercial Districts or Manufacturing Districts, where enclosed sidewalk cafes are permitted in accordance with the provisions of this Chapter, the City Planning Commission may permit, upon application, modifications to the locational or physical criteria regulations for enclosed sidewalk cafes, except that there shall be no modification of Sections 14-41 (Locations Where Certain Sidewalk Cafes Are Not Permitted), 14-42 (Locations Where Enclosed Sidewalk Cafes Are Not Permitted), 14-44 (Special Zoning Districts Where Certain Sidewalk Cafes Are Permitted) and 14-45 (Street Malls Where Certain Sidewalk Cafes Are Permitted), provided the Commission finds that:
  1. the enclosed sidewalk cafe is developed consistent with the general purposes and objectives of this Chapter;
  2. any proposed modification to the requirements of this Chapter will result in good overall design and enhance the general character of the street and the neighborhood;
  3. any proposed modifications to the requirements of this Chapter will not cause a serious adverse effect on pedestrian traffic;
  4. the restaurant or enclosed sidewalk cafe provides access for persons with disabilities;
  5. where a proposed enclosed sidewalk cafe is located between two existing stoops, it will not project beyond the stoops; and
  6. modifications to the provisions of paragraph (a) of Section 14-11 (Locational Criteria for Enclosed Sidewalk Cafes) shall be limited to the minimum clear path for a proposed enclosed sidewalk cafe that would be located on a street with a special pedestrian plan.

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