11-20 Interpretation of Provisions
In interpreting and applying the provisions of this Resolution, such provisions shall be considered as the minimum requirements:
(a) to promote and protect public health, safety and general welfare, as set forth in the Preamble to this Resolution and in the statements of legislative intent for the respective districts and other regulations; and
(b) to provide a gradual remedy for existing conditions which are detrimental thereto.
Whenever any provision of this Resolution and any other provisions of law, whether set forth in this Resolution or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use or bulk of buildings or other structures, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern. In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.
The alteration of an existing building resulting in both the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any amount of floor area, shall be considered a development for the purposes of the following provisions. The provisions of this Section shall apply notwithstanding the provisions of Article V (Non-Conforming Uses and Non-Complying Buildings). However, these provisions shall not apply where the building to be replaced is a single- or two-family residence utilizing the provisions of Article V.
Section 23-03 (Street Tree Planting in Residence Districts)
Section 23-04 (Planting Strips in Residence Districts)
Section 33-03 (Street Tree Planting in Commercial Districts)
Section 37-35 (Parking Wrap and Screening Requirements)
Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR)
Section 81-42 (Retail Continuity along Designated Streets)
Section 81-46 (Off-Street Relocation or Renovation of a Subway Stair)
Section 81-72 (Use Regulations Modified)
Section 82-12 (Mandatory Off-Street Relocation of a Subway Stair)
Section 82-23 (Street Wall Transparency)
Section 91-12 (Uses on Designated Retail Streets)
Section 91-41 (Regulations for Designated Retail Streets)
Section 91-43 (Off-Street Relocation or Renovation of a Subway Stair)
Section 93-14 (Ground Floor Level Requirements)
Section 93-65 (Transit Facilities)
Section 93-66 (Open Area Requirements in the Large-Scale Plan Subdistrict A)
Section 93-70 (PUBLIC ACCESS REQUIREMENTS FOR SPECIAL SITES)
Section 95-03 (Transit Easement)
Section 95-04 (Certification of Transit Easement Volume)
Section 95-08 (Special Use Regulations)
Section 97-12 (Arts and Entertainment Use Requirement)
Section 97-22 (Uses Not Permitted on the Ground Floor of Buildings)
Section 97-23 (Transparency Requirements)
Section 98-14 (Ground Floor Use and Transparency Requirements on Tenth Avenue)
Section 98-53 (Required Open Areas on the East Side of the High Line)
Section 98-54 (Transparency Requirements on the East Side of the High Line)
Section 98-60 (SPECIAL ACCESS REGULATIONS FOR CERTAIN ZONING LOTS)
Section 101-11 (Special Ground Floor Use Regulations)
Section 101-12 (Transparency Requirements)
Section 101-43 (Off-street Relocation or Renovation of a Subway Stair)
Section 108-30 (MODIFICATION OF STREET TREE REQUIREMENTS)
Section 109-132 (Treatment of the ground level wall)
Section 109-21 (Use Regulations)
Section 109-33 (Special Front Wall Regulations)
Section 115-14 (Transparency Requirement in C4-5X and C6 Districts)
Section 116-12 (Mandatory Ground Floor Use and Frontage Requirements)
Section 116-13 (Transparency Requirements)
Section 117-31 (Special Use Regulations)
Section 117-42 (Special Bulk and Use Regulations in the Court Square Subdistrict)
Section 117-44 (Mandatory Subway Improvements)
Section 117-45 (Developer's Notice)
Section 117-513 (Transparency requirement)
Section 117-553 (Mandatory sidewalk widening)
Section 118-40 (ENTRANCE AND STREET WALL TRANSPARENCY REQUIREMENTS)
Section 118-50 (OFF-STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT)
Section 119-112 (Tier I tree planting requirements)
Section 119-216 (Tier II tree planting requirements)
Section 122-50 (SPECIAL PROVISIONS FOR PLANTING STRIPS)
Section 124-30 (MANDATORY IMPROVEMENTS)
Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS)
Section 126-21 (Street Tree Planting)
All regulations applicable to a district designation shall be applicable to such district designation appended with a suffix, except as otherwise set forth in express provisions of this Resolution. If a section lists an R4 District, therefore, the provisions of that section shall also apply to R4-1, R4A and R4B Districts, unless separate provisions for the districts with suffixes are listed within such section. Wherever a section lists only a district with a suffix, the provisions applicable to such district are different from the provisions of that district without a suffix. If a section lists only a C4-6A District, therefore, the provisions of that section are not applicable to a C4-6 District.
In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:
(a) dwelling units which the Chairperson of the City Planning Commission determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit; and
(b) in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing. The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this paragraph shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.
In the Manufacturing District located in the area between Canal Street, Baxter Street, Walker Street, Centre Street, White Street and Broadway, residential use shall not be permitted. However:
(a) all dwelling units for which an alteration application to permit such use was filed with the Department of Buildings prior to December 16, 1982, and a temporary or permanent certificate of occupancy is obtained not later than December 16, 1984, shall be a permitted use; and
(b) dwelling units which the Chairperson of the City Planning Commission determines were occupied on August 31, 1982, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of a dwelling unit in such building not later than August 31, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit.
If, within the area affected by zoning map amendment C880800 ZMM, a variance to modify bulk regulations was granted prior to June 30, 1989, and a permit was issued in accordance with the terms of said variance within two years of the grant of said variance, construction pursuant to said permit may be continued.