81-612 Applicability Along District Boundaries

For zoning lots divided by district boundaries, the underlying provisions shall apply, except as follows:

(a)        For qualifying sites divided by district boundaries where both districts have the same maximum floor area ratio set forth in Rows E and H of the table in Section 81-64 (Special Floor Area Provisions for Qualifying Sites), the provisions of Section 33-16 (Special Provisions for Zoning Lots Divided by District Boundaries) shall not apply to a building developed or, where permitted, enlarged, to exceed the basic maximum floor area in Row A of the table in Section 81-64. In lieu thereof, the floor area of such building on a qualifying site may be located anywhere on the zoning lot, regardless of the district boundary.

(b)        In addition to the requirements set forth in Sections 81-25 (General Provisions Relating to Height and Setback of Buildings) and 81-40 (MANDATORY DISTRICT PLAN ELEMENTS), the provisions of Section 81-60, inclusive, shall apply to a zoning lot having 50 percent or more of its lot area within the East Midtown Subdistrict. For the purposes of Section 81-60, inclusive, all such zoning lots shall be deemed to be entirely within the Subdistrict. If any of the provisions of Sections 81-25, 81-40 and 81-60, inclusive, are in conflict, the regulations of Section 81-60, inclusive, shall govern. However, for zoning lots located partly within the East Midtown Subdistrict and partly within the Fifth Avenue Subdistrict, the provisions of Article VII, Chapter 7 shall apply.  

(c)        For zoning lots divided by subarea boundaries, the provisions of Article VII, Chapter 7 shall apply.  

(d)        For zoning lots with landmark buildings or other structures where more than 50 percent of the lot area is located within the Special Midtown District, and which abut the East Midtown Subdistrict boundary, such zoning lot may be considered as part of the Subdistrict for the purposes of transferring development rights pursuant to the applicable provisions of Sections 81-642 (Transfer of development rights from landmarks to qualifying sites) or 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites). However, the maximum amount of floor area that may be transferred from a granting lot, or portion thereof, located outside the Special Midtown District shall be the maximum floor area ratio permitted under the applicable underlying zoning district.