91-66 Modification of Use and Bulk Regulations
Within the South Street Seaport Subdistrict, for any zoning lot located in a C6-2A District, the underlying height and setback regulations shall apply, except the maximum building height shall be 120 feet. No minimum base height shall apply, and the depth of a required setback along a narrow street shall be at least 10 feet. No lot coverage regulations shall apply to corner lots. Furthermore, the provisions of Article II, Chapter 8 (The Quality Housing Program), shall not apply.
In the South Street Seaport Subdistrict, the City Planning Commission may authorize:
(a) the alteration of any public amenity, open or enclosed, for which a floor area bonus has been granted, provided that the Commission finds that such modifications improve the intended public purpose of the amenity; or
(b) the elimination or reduction of an existing public amenity, open or enclosed, for which a floor area bonus has been granted, provided that a new or improved public amenity, open or enclosed, is supplied elsewhere on, or within proximity to, the zoning lot, and the Commission finds that:
(1) the public amenity to be eliminated no longer serves its original purpose; and
(2) the proposed new or improved public amenity will provide a greater public benefit than the amenity to be eliminated or reduced and will better serve the purposes of the Special Lower Manhattan District; and
(c) the modification of the applicable height, setback, lot coverage and distance between buildings requirements for any development or enlargement on a designated receiving lot that will incorporate transferred development rights, provided the Commission finds that the modifications:
(1) provide an appropriate distribution of bulk on the zoning lot;
(2) permit adequate light and air to the development or enlargement and adjoining properties as well as the surrounding streets; and
(3) will not impair the use and desirability of any public amenity that may be created or improved under the provisions of paragraph (b) of this Section.
If a receiving lot contains an existing building, such authorization shall incorporate any previous height and setback or other bulk modifications, granted prior to December 11, 2001, by the Board of Standards and Appeals, for such existing building.
The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.
Within the South Street Seaport Subdistrict, the City Planning Commission may modify, by special permit, the height and setback and lot coverage regulations of Section 91-30, provided that:
(a) either of the following conditions have been met:
(1) that the developer has obtained negative easements limiting the height of future development or enlargement to 85 feet or less on any adjoining zoning lots which are contiguous or would be contiguous to said zoning lot but for their separation by a street or street intersection, and such easements are recorded against such adjoining zoning lots by deed or written instrument. The Commission shall consider the aggregated areas of said zoning lot and the adjoining lots subject to such negative easements and the extent to which they achieve future assurance of light and air in determining the maximum permitted coverage. In no event shall such coverage exceed 80 percent of the zoning lot on which the development or enlargement will be located; or
(2) that the lot coverage for that portion of a development or enlargement below 300 feet may be increased to a maximum of 80 percent when additional development rights have been purchased and converted to increased lot coverage. The maximum percentage of lot coverage on such receiving lot shall be the sum of 65 percent plus one-half of one percent for every .10 by which the total floor area ratio on such receiving lot would exceed a floor area ratio of 21.6, provided that the development or enlargement on such receiving lot has achieved a minimum floor area ratio of 18.0;
(b) In order to grant such special permit, the Commission shall make the following findings:
(1) the location of the development or enlargement and the distribution of bulk will permit adequate light and air to surrounding streets and properties;
(2) any modification of height and setback will provide for better distribution of bulk on the zoning lot; and
(3) such special permit will aid in achieving the general purposes and intent of the Subdistrict.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For any zoning lot which was the subject of application N130058 ZCM, the hours of operation set forth in paragraph (a) of Section 62-71 (Operational Requirements) may be extended to allow public access up to 24 hours per day, and the provisions of paragraph (a)(3) of Section 62-654 (Signage) shall be modified to require any such extended hours of public access, as may change over time, to be included on the required signage. The provisions of paragraph (a)(4) of Section 62-654 shall not apply where 24 hour access is allowed. The provisions of paragraph (b) of Section 62-71 requiring rules of conduct for the waterfront public access area to be established with the Department of Parks and Recreation, and other provisions of this Chapter requiring a maintenance and operation agreement pursuant to Section 62-74 (Requirements for Recordation), shall not apply so long as a legal instrument acceptable to the Chairperson, in all other respects consistent with the provisions of Section 62-74, has been executed and recorded, setting forth rules of conduct and maintenance and operations requirements.