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.