(1) The transfer of development rights from any "granting site" in accordance with the provisions of Section 81-744 (Transfer of development rights from listed theaters) shall be permitted upon certification by the City Planning Commission.
(2) In the Theater Subdistrict, modifications of the provisions of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), in accordance with the provisions of Section 81-746 (Additional provisions for zoning lots divided by district or subdistrict core boundaries), shall be permitted upon certification of the Chairperson of the Commission.
(b) Authorizations by the City Planning Commission
The transfer of development rights from any "granting site" in accordance with the provisions of paragraph (b) of Section 81-744 shall be permitted by authorization by the Commission.
(c) Special permit by the City Planning Commission
In the Theater Subdistrict, the Commission may allow, by special permit:
(1) demolition of a theater where permissible under the provisions of Section 81-742 (Listed theaters);
(2) a floor area bonus for rehabilitation of an existing theater in accordance with the provisions of Section 81-745 (Floor area bonus for rehabilitation of existing listed theaters); and
(3) transfer of development rights from a zoning lot occupied by a theater that is a designated landmark in accordance with the provisions of Section 81-747 (Transfer of development rights from landmark theaters).
(d) Additional floor area bonuses
All developments or enlargements located on the west side of Eighth Avenue between 42nd and 45th Streets within the Theater Subdistrict may receive an increase in floor area pursuant to Section 96-22 (Special Regulations for Eighth Avenue Perimeter Area) for those developments or enlargements complying with the provisions of Section 23-90 (INCLUSIONARY HOUSING).
(e) Required assurances
All special permits, authorizations or certifications involving preservation of existing theaters shall be subject to the provisions of Section 81-743 (Required assurances for continuance of legitimate theater use).
(f) Limits on total additional floor area
Except as otherwise provided in Section 81-212 (Special provisions for transfer of development rights from landmark sites), the total additional floor area permitted on the zoning lot by such special permit, authorization or certification, together with all bonus floor area or floor area derived from transferred development rights under other provisions of this Chapter, shall in no event exceed the maximum amount permitted by certification, authorization or special permit as set forth in Section 81-211 (Maximum floor area ratio for non-residential or mixed buildings).
(g) Limitations on non-theater-related bonuses in C6-4, C6-5 or M1-6 Districts
For zoning lots or portions thereof in C6-4, C6-5 or M1-6 Districts, the total amount of floor area derived from non-theater-related bonuses or other special floor area allowances, pursuant to provisions of this Chapter other than those in Sections 81-744, 81-745, 81-746 or 81-747, shall not exceed a floor area ratio of 2.0.
(h) Theater-related bonus floor area for residences in C6-4 and C6-5 Districts
For zoning lots or portions thereof in C6-4 or C6-5 Districts, some or all of the bonus floor area or other special floor area allowances permitted pursuant to the provisions of Sections 81-744, 81-745, 81-746 or 81-747, relating to the preservation or rehabilitation of existing theaters, may be allocated to a residential building or the residential portion of a mixed building, provided that the total residential floor area ratio with such floor area allowances shall not exceed 12.0.
(i) Theater Subdistrict Fund
In furtherance of the purposes of this Section, the Theater Subdistrict Council shall establish a separate interest-bearing account (the "Theater Subdistrict Fund" or "Fund") for the deposit and administration of the revenues received by the Theater Subdistrict Council generated by the transfer of development rights pursuant to Section 81-744. Upon receipt of any revenue generated pursuant to such Section, the Theater Subdistrict Council shall notify the Comptroller, the Speaker and the Department of City Planning, and promptly deposit such revenues into the Theater Subdistrict Fund and shall expend such revenues and any interest accumulated thereon in the following manner:
(1) a portion of any such revenues shall be reserved, sufficient in the judgment of the Theater Subdistrict Council but in no event less than 20 percent of such revenues, to undertake the ongoing periodic inspection and maintenance report requirements pursuant to paragraph (c) of Section 81-743. The Theater Subdistrict Council may petition the City Planning Commission for a reduction in the percentage of such reserve and the Commission may grant such reduction if, in its judgement, a lesser percentage will be sufficient to carry out the purposes of this paragraph; and
(2) the remainder of such revenue shall be used for activities chosen by the Theater Subdistrict Council furthering the objectives and purposes of this Section, which activities may include judicial or administrative proceedings instituted by the Theater Subdistrict Council against any property owner or lessee to enforce the obligations of such owner or lessee pursuant to any restrictive declaration entered into in connection with a transfer of development rights pursuant to Section 81-744. Notwithstanding the foregoing, funds shall not be used for the physical repair and preservation of theaters.
The Theater Subdistrict Council shall provide an annual report to the Department of City Planning, the Comptroller, the Speaker and the City Planning Commission indicating the amounts and dates of any deposits to the Theater Subdistrict Fund in the immediately preceding calendar year, the balance of the Theater Subdistrict Fund at the close of the calendar year, the amounts expended on activities within the Theater Subdistrict and the nature of those activities. The Theater Subdistrict Council shall maintain complete, accurate and detailed records, with supporting documentation, in respect to all deposits to and withdrawals from the Theater Subdistrict Fund, and shall make such records available to the City of New York, the Department of City Planning, the Comptroller, the Speaker and the City Planning Commission upon reasonable notice and during business hours for inspection and copying.
(a) Designation of listed theaters
"Listed theaters" are theaters to which special provisions of this and other Sections as set forth in 81-741 (General provisions) apply, and are predominantly free-standing theaters with full stage and wings. The theaters as identified on August 6, 1998, in the table in this Section, are designated as "listed theaters."
215 West 49th St.
243 West 47th St.
111 West 44th St.
261 West 47th St.
222 West 45th St.
235 West 44th St.
256 West 47th St.
131 West 55th St.
138 West 48th St.
236 West 42nd St.
230 West 49th St.
226 West 46th St.
252 West 45th St.
226 West 42nd St.
240 West 44th St.
Henry W. Miller
124 West 43rd St.
139 West 44th St.
249 West 45th St.
234 West 42nd St.
220 West 48th St.
205 West 46th St.
149 West 45th St.
213 West 42nd St.
245 West 44th St.
237 West 51st St.
302 West 45th St.
239 West 45th St.
208 West 41st St.
250 West 52nd St.
214 West 42nd St.
*New Amsterdam-Roof Garden
214 West 42nd St.
234 West 43rd St.
236 West 45th St.
225 West 48th St.
242 West 45th St.
246 West 44th St.
229 West 42nd St.
225 West 44th St.
254 West 54th St.
219 West 42nd St.
209 West 42nd St.
245 West 52nd St.
* Indicates theaters which do not qualify as a "granting site" pursuant to Section 81-744
In the case of an existing legitimate theater that received a floor area bonus pursuant to regulations in effect prior to May 13, 1982, no provisions of this amendment shall be construed as changing any previously existing responsibility of the owner or lessee of such theater for continuance of its use as a legitimate theater.
(b) Restrictions on demolition of listed theaters
No demolition permit shall be issued by the Department of Buildings for any theater listed in this Section as a "listed theater," unless:
(1) it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Article 216 of the New York City Administrative Code;
(2) it has been designated a landmark by the Landmarks Preservation Commission and a notice to proceed has been issued to the owner pursuant to Section 25-309 of Title 25, Chapter 3, of the New York City Administrative Code permitting demolition that contemplates removal of the theater from theater use; or
(3) the City Planning Commission, by special permit, allows its demolition in accordance with the provisions of paragraph (c) of this Section.
(c) Special permit for demolition of listed theaters
The City Planning Commission may allow, by special permit, the demolition of a theater designated as a "listed theater" pursuant to this Section, provided the Commission finds that the demolition of the theater structure will not unduly diminish the character of the Theater Subdistrict as a cultural, entertainment and theatrical showcase. In making this determination, the Commission may consider any or all of the following:
(1) the current physical characteristics of the theater that affect its suitability as a legitimate theater, including but not limited to seating capacity, configuration and location;
(2) the history of the theater's use as a legitimate theater, presenting legitimate attractions to the general public;
(3) the likelihood of its future use for legitimate theater production under reasonable terms and conditions prevailing in the theater industry; and/or
(4) that the applicant's plans, if any, for replacement of the theater structure with a development or enlargement contain replacement uses supportive of the character of the Theater Subdistrict.
As a condition of the special permit, there shall exist a legal commitment binding upon all parties in interest of the zoning lot containing the theater that any development or enlargement on a zoning lot containing a portion or all of the former site of the "listed theater", that floor space at least equivalent in amount to the total floor area of the theater shall be reserved or devoted exclusively to uses described in Section 81-725 (Entertainment-related uses) and meeting the requirements of paragraphs (b) and (c) of Section 81-724 (Requirements for entertainment-related uses) for the life of such development or enlargement. Notwithstanding the foregoing, if the area of the zoning lot containing the theater is less than 20,000 square feet and the Commission finds that the allocation of floor space at least equivalent in amount to the total floor area of the theater to uses described in Section 81-725 is impractical or unreasonable, the Commission may permit a reduction in the amount of area allocated to such uses.
Any development or enlargement on a zoning lot containing a portion or all of the former site of a "listed theater" must, however, meet the requirements of paragraphs (b) and (c) of Section 81-724 whether or not the zoning lot is located within the area described in that Section.