96-10 Preservation Area
The provision of this Section shall apply to all developments, enlargements, extensions or alterations. All existing buildings within the Preservation Area shall be considered complying buildings for all purposes including, but not limited to, alterations, enlargements, extensions or conversions to residential uses. Any existing building which is damaged or destroyed by any means may be reconstructed to its bulk prior to such damage or destruction. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed, subject to the applicable underlying district regulations, pursuant to the change of non-conforming use provisions of Sections 52-31, 52-33, 52-34, 52-35 and 52-36.
For any zoning lot within the Preservation Area, the floor area ratio for a residential, commercial or community facility building, or portions of a mixed building containing such uses, shall not exceed the following:
Floor Area Ratio
Residential buildings or community facility buildings or portions of mixed buildings containing residential or community facility uses in the following Districts:
R8 C1-5 C2-5 C6-2
Commercial buildings or commercial portion of mixed buildings in the following Districts:
*In C6-2 Districts, for zoning lots, or portions thereof, comprised of listed theaters designated in Section 81-742 of the Special Midtown District, the City Planning Commission shall allow a transfer of development rights pursuant to Section 81-744 (Transfer of development rights from listed theaters). The basic maximum floor area ratio for transfer purposes for such zoning lots, or portions thereof, shall be 6.02.
The maximum floor area in a mixed building shall be the maximum floor area permitted for either the commercial portion of such building or the community facility portion of such building or the residential portion of such building, as set forth in this Section, whichever permits the greatest amount of floor area.
Within the Preservation Area, the open space requirement of Article II, Chapter 3, and the lot coverage provisions of Section 24-11, are not applicable. The lot coverage provisions of this Section apply in lieu thereof. In C6-2 Districts, for the purposes of determining lot coverage, any part of a building that is listed as a permitted obstruction in open space or in a rear yard shall not be included in lot coverage. For zoning lots, or portions thereof, located within 100 feet of the street line of a wide street, the maximum lot coverage shall not exceed 70 percent. For all zoning lots, or portions thereof, located more than 100 feet from the street line of a wide street, the maximum lot coverage shall not exceed 60 percent.
Any development containing residential uses shall provide a minimum of 20 percent of the lot area of a zoning lot as usable, landscaped open area for occupants of dwelling units in the development.
The yard regulations of this Section apply to any development or enlargement.
For zoning lots, or portions thereof, located within 100 feet of the street line of a wide street, no rear yard shall be required.
For all zoning lots, or portions thereof, located more than 100 feet from the street line of a wide street, a rear yard having a minimum depth of 30 feet shall be required.
On a through lot, or portion thereof, more than 100 feet from the street line of a wide street, the rear yard equivalent provisions of Section 23-532, paragraph (a), shall apply.
The underlying height and setback regulations shall not apply, except as set forth in Sections 23-62 or 33-42 (Permitted Obstructions), as applicable. In lieu thereof, the height and setback provisions of this Section shall apply. All height shall be measured from curb level.
(a) Street wall location
For zoning lots with wide street frontage, street walls shall be located on the wide street line and extend along the entire wide street frontage of the zoning lot. For corner lots with narrow street frontage, street walls shall be located on and extend along the narrow street line within 50 feet of the wide street.
For zoning lots with narrow street frontage, street walls shall be located on the street line and extend along the entire narrow street frontage of the zoning lot beyond 50 feet of a wide street. However, where the street wall of an adjacent building fronting on the same narrow street line is located within 10 feet of the street line, the street wall of the building may be aligned with the street wall of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such building. The portion of a zoning lot that is located between a street wall and the street line, pursuant to the optional street wall location provisions of this paragraph (a), shall be maintained at the same elevation as the adjoining sidewalk. In addition, such portion of a zoning lot shall be planted, except at the entrances to and exits from the building, or adjacent to commercial uses fronting on the street.
(b) Permitted recesses
Ground floor recesses up to three feet deep shall be permitted for access to building entrances. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed, provided no such recesses are within 30 feet of the intersection of two street lines.
(c) Building height
Within 100 feet of a wide street, the street wall of a building or other structure shall rise without setback to a minimum height of 50 feet or the height of the building, whichever is less, and a maximum height of 66 feet. A setback shall be provided for all portions of buildings that exceed a height of 66 feet. Such setbacks shall be provided at a height not lower than 50 feet and not higher than 66 feet, and shall have a minimum depth of 10 feet, measured from any street wall facing a wide street, and a minimum depth of 15 feet, measured from any street wall facing a narrow street. No building or other structure shall exceed a height of 85 feet. Beyond 100 feet of a wide street, no building or other structure shall exceed a height of seven stories or 66 feet, whichever is less.
However, the City Planning Commission, by special permit, may modify the special height and setback regulations set forth in this Section. In order to grant such special permit, the Commission shall find that the distribution of bulk permits adequate access of light and air to surrounding streets and properties and that the maximum height does not exceed 99 feet beyond 100 feet of a wide street, and 115 feet within 100 feet of a wide street.
The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.
(a) Dwelling unit distribution
For developments, enlargements, extensions or conversions of an existing building to a residential use, the density requirements of the underlying districts shall be inapplicable. In lieu thereof, the required lot area per dwelling unit of a development, enlargement, extension or conversion of an existing building to a residential use shall not be less than 168 square feet and the number of two-bedroom units on a zoning lot shall not be less than 20 percent.
In addition, the minimum density requirement and the 20 percent, two-bedroom unit requirement set forth in this Section shall apply to any alteration that creates additional dwelling units or additional zero-bedroom units. Alterations that reduce the percentage of apartments that contain two bedrooms are not permitted unless the resulting building meets the 20 percent, two-bedroom requirement.
However, notwithstanding any provision to the contrary contained in this Section, the minimum density requirement and the 20 percent, two-bedroom unit requirement shall not apply to alterations which add a code-complying bathroom, pursuant to Section 27-2063 of the Housing Maintenance Code of the City of New York, to a dwelling unit which is publicly assisted (exclusive of any tax abatement or tax exemption program), and which is administered by a not-for-profit agent.
The City Planning Commission, by special permit, may modify the two-bedroom unit distribution requirement and the density requirement of this Section for an affordable independent residence for seniors or for a residence substantially for elderly persons with disabilities, under jurisdiction of a State or City agency, provided that the following findings are made:
(1) that such residences are sponsored by a voluntary non-profit organization;
(2) that the location and size of such facility does not create an undue concentration of dwelling units of this type and community facilities with sleeping accommodations within the immediate area;
(3) that there are social service, health and related programs for the residents including a maintenance and security plan;
(4) that on-site recreation areas for the use of the residents are provided; and
(5) that the proposed residences will not overburden existing public services in the neighborhood.
The Commission may prescribe appropriate conditions or safeguards to minimize the adverse effect of any use permitted under this Section on the residential character of the surrounding area.
(b) Special provisions for owner-occupied buildings containing residences
For alterations of buildings containing residences,which buildings are owner-occupied and which contain four or fewer dwelling units, the dwelling unit distribution provisions of this Section shall not apply.
Any vacant ground floor store in an underlying Residence District may change to a conforming use or to a use listed in Use Group 6 regardless of the two-year discontinuance provisions of Section 52-61.
Developments, enlargements or extensions of community facility uses or conversions of an existing building to a community facility use, are permitted on zoning lots containing existing buildings with residential uses only pursuant to the provisions of this Section. The City Planning Commission, by special permit, may permit developments, enlargements or extensions of community facility uses, provided that the Commission makes the following findings:
(a) that the existing building is not eligible for rehabilitation under any active publicly aided program under which funds are available;
(b) that, prior to evicting or otherwise terminating the occupancy of any tenant preparatory to demolition, the developer shall have notified the Department of Housing Preservation and Development of his or her intention to demolish the building; and
(c) that the Department of Housing Preservation and Development has issued a certification of no harassment or that the owner has complied with paragraph (d) of Section 96-110.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
No demolition permit or alteration permit for partial demolition involving a decrease of more than 20 percent in the amount of residential floor area in a building shall be issued by the Department of Buildings for any building containing dwelling units within the Preservation Area, unless it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Chapter 2, Article 216 of the New York City Administrative Code.
However, the City Planning Commission, by a special permit, may allow demolition of buildings containing dwelling units or rooming units other than unsafe buildings within the Preservation Area, provided that the Commission makes the following findings:
(a) that the existing building:
(1) is not eligible for rehabilitation under any active publicly-aided program under which funds are available; or
(2) is to be substantially preserved and requires an alteration permit to allow the removal and replacement of 20 percent or more of the floor area.
(b) that prior to evicting or otherwise terminating the occupancy of any tenant preparatory to demolition, the owner shall have notified the applicable governmental agency of its intention to demolish the building.
(c) that the Department of Housing Preservation and Development has issued a certification of no harassment or that the owner has complied with paragraph (d) of Section 96-110; and
(d) that an acceptable program for development of the zoning lot is submitted to the Commission which indicates that to the extent permitted by the provisions of Section 96-10 (PRESERVATION AREA), the number of new dwelling units to be constructed is at least equal to the number of dwelling units to be demolished and that the floor area of the development containing residences is at least equal to the floor area of the dwelling units to be demolished and that site development will commence within a period of twelve months from completion of relocation.
The Commission may prescribe appropriate conditions and safeguards to ensure that any interim use proposed on the site prior to any construction is in conformance with the purposes of this Special District.