Section 63-50 - AUTHORIZATION FOR BULK AND PARKING MODIFICATIONS
The City Planning Commission may, by authorization, permit modifications to the bulk and accessory off-street parking requirements of the applicable zoning districts when a change of use of a FRESH food store for which a certification has been issued, pursuant to Section 63-30 , would create a new non-compliance , increase the degree of non-compliance of buildings on the zoning lot , or result in fewer accessory off-street parking spaces than required by the new use pursuant to Section 63-24 (Required Accessory Off-street Parking Spaces in Certain Districts), provided that such use is permitted by the underlying districts.
In order to grant such authorization, the Commission shall find that:
(a) due to the market conditions prevalent at the time of the application, there is no reasonable possibility that the operation of a FRESH food store will bring a reasonable return;
(b) the applicant, the operator or a prior operator of such FRESH food store has not created or contributed to such unfavorable market conditions;
(c) the applicant, the operator or a prior operator of such FRESH food store has undertaken commercially reasonable efforts to secure a new operator, and demonstrates to the Commission that such efforts have been unsuccessful;
(d) any proposed non-compliance or increase in the degree of non-compliance will not be incompatible with or adversely affect adjacent uses , including uses within the building ; and
(e) any reduction of required accessory off-street parking shall not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian movement.
If such authorization is granted, a notice of cancellation, in a form acceptable to the Department of City Planning, of the declaration of restrictions recorded pursuant to Section 63-30 , shall be executed and recorded in the Office of the City Register of the City of New York against all tax lots comprising the former FRESH food store .
In issuing an authorization under this Section, the Commission may impose conditions and safeguards to minimize adverse impacts on the character of the surrounding area.