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Chapter 2 Special Lincoln Square District (L)

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82-00 General Purposes
The "Special Lincoln Square District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
  1. to preserve, protect and promote the character of the Special Lincoln Square District area as the location of a unique cultural and architectural complex - an attraction which helps the City of New York to achieve preeminent status as a center for the performing arts, and thus conserve its status as an office headquarters center and a cosmopolitan residential community;
  2. to improve circulation patterns in the area in order to avoid congestion arising from the movements of large numbers of people; improvement of subway stations and public access thereto; including convenient transportation to, from and within the district; and provision of arcades, open spaces, and subsurface concourses;
  3. to help attract a useful cluster of shops, restaurants and related amusement activities which will complement and enhance the area as presently existing;
  4. to provide an incentive for possible development of the area in a manner consistent with the aforegoing objectives which are an integral element of the Comprehensive Plan of the City of New York;
  5. to encourage a desirable urban design relationship of each building to its neighbors and to Broadway as the principal street; and
  6. to promote the most desirable use of land in this area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues.
82-01 Definitions
Development
For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).
82-02 General Provisions
In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Lincoln Square District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Lincoln Square District is superimposed are made inapplicable, and special regulations are substituted in this Chapter. Each development within the Special District shall conform to and comply with all of the applicable district regulations of this Resolution, except as otherwise specifically provided in this Chapter.
For transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66- 11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.
82-03 Requirements for Applications
An application to the City Planning Commission for the grant of a special permit or an authorization respecting any development under the provisions of this Chapter shall include a site plan showing the location and the proposed use of all buildings or other structures on the site; the location of all vehicular entrances and exits and proposed off-street parking spaces, and such other information as may be required by the Commission for its determination as to whether or not a special permit or an authorization is warranted. Such information shall include, but not be limited to, justification of the proposed development in relation to the general purposes of the Special Lincoln Square District.
82-04 District Plan
The District Plan for the Special Lincoln Square District, included as Appendix A, identifies specific subdistricts in which special zoning regulations carry out the general purposes of the Special Lincoln Square District. These areas are: Subdistrict A, Subdistrict B and Subdistrict C.
The District Plan also identifies blocks with mandatory front lot line street walls. The District Plan is hereby incorporated as an integral part of the Special Lincoln Square District.
82-10 Mandatory District Improvements
The provisions of this Section specify mandatory or optional physical improvements to be provided in connection with developments on certain zoning lots located within the Special District.
82-11 Special Provisions for Optional Arcades
Any development located on a zoning lot with a lot line which coincides with either of the following street lines - the east side of Broadway between West 61st and West 65th Streets or the east side of Columbus Avenue between West 65th and West 66th Streets - may contain an arcade as defined in Section 12-10, except that:
  1. the arcade shall extend the full length of the zoning lot along the street lines described above; however, the required arcade along the east side of Columbus Avenue may be terminated at a point 40 feet south of West 66th Street;
  2. the exterior face of building columns shall lie along the street lines described above;
  3. the minimum depth of the arcade shall be 15 feet (measured perpendicular to the exterior face of the building columns located on the street line) and the minimum height of the arcade along the center line of its longitudinal axis shall not be less than 20 feet;
  4. the arcade shall contain no permanent obstruction within the area delineated by the minimum width and height requirements of this Section except for the following:
    1. unenclosed cafes, provided that there is at least a six foot wide unobstructed pedestrian way adjacent to the street wall. In no event may such cafes be enclosed at any time; and
    2. structural columns not exceeding two feet by three feet provided that the longer dimension of such columns is parallel to the street line, that such columns are spaced at a minimum of 17 feet on center, and that the space between such columns and the face of the street wall is at least 13 feet wide. No other columns shall project beyond the face of the street wall ;
  5. no signs may be affixed to any part of the arcade or building columns except on a parallel to the street wall projecting no more than 18 inches therefrom parallel to the street line along which the arcade lies; and
  6. the arcade shall be illuminated only by incandescent lighting to a standard of average eight foot-candle intensity with a minimum five foot-candle intensity at any point within the arcade.
82-12 Mandatory Off-Street Relocation of a Subway Stair
Where a development is constructed on a zoning lot that fronts on a sidewalk containing a stairway entrance into the West 59th Street (Columbus Circle) or the West 66th Street subway station and such zoning lot contains 5,000 square feet or more of lot area, the existing entrance shall be relocated from the street onto the zoning lot in accordance with the provisions of Sections 37-41 (Standards for Location, Design and Hours of Public Accessibility) and 37-42 (Administrative Procedure for a Subway Stair Relocation or Renovation).
82-13 Special Provisions for a Transit Easement
Any development located on the east side of Broadway between West 66th Street and West 67th Street shall provide an easement on the zoning lot for public access to the subway mezzanine or station when required by the New York City Transit Authority (TA) in accordance with the procedure set forth in Section 95-04 (Certification of Transit Easement Volume) and hereby made applicable.
82-20 Special Use and Sign Regulations
In order to provide for the special cultural needs, convenience, enjoyment, education and recreation of the residents of the area and of the many visitors who are attracted to the Lincoln Center for the Performing Arts, a limitation is imposed on the ground floor uses within the Special District.
The provisions of this Section shall apply to a development or change of use within the Special District.
82-21 Restrictions on Street Level Uses
Within 30 feet of Broadway, Columbus Avenue or Amsterdam Avenue street lines, uses within stories on the ground floor or with a floor level within five feet of curb level, shall be limited to those listed in Use Groups 3A, 3B, 6A, 6C, 8A, 10A and eating or drinking establishments listed in 12A or 12B. Within Use Groups 3A or 3B, uses shall be limited to colleges, universities including professional schools, museums, libraries or non-commercial art galleries. Within such area, lobby space, required accessory loading berths, or access to subway stations are permitted.
82-22 Location of Floors Occupied by Commercial Uses
The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall not apply to any commercial use located in a portion of a mixed building that has separate direct access to the street and has no access within the building to the residential portion of the building at any story. In no event shall such commercial use be located directly over any dwelling units.
82-23 Street Wall Transparency
When the front building wall or street wall of any building developed after February 9, 1994, is located on Broadway, Columbus Avenue or Amsterdam Avenue, glazing shall be provided in accordance with the transparency requirements set forth in Section 37-34 (Minimum Transparency Requirements).
82-24 Supplementary Sign Regulations
No permitted sign shall extend above curb level at a height greater than 20 feet or obstruct an arcade.
Within Subdistrict B, permitted signs facing upon West 65th Street shall not exceed a height of 40 feet above curb level, and permitted signs facing upon Broadway between West 65th Street and West 66th Street shall not exceed a height of 60 feet above curb level. However, signs facing in an easterly or southerly direction upon that portion of the public place designated on the City Map that is located within an area bounded by West 65th Street and the prolongation of the south side of West 64th Street shall not exceed a height of 40 feet above the level of such public place.
82-30 Special Bulk Regulations
82-31 Floor Area Ratio Regulations for Commercial Uses
Within Subdistrict A, for any building in a C4-7 District, the maximum permitted commercial floor area shall be 100,000 square feet.
82-311 Floor Area Increase by Special Permit
The City Planning Commission may by special permit allow the commercial floor area ratio permitted on a zoning lot pursuant to Section 82-31 (Floor Area Ratio Regulations for Commercial Uses) within Subdistrict A to be increased to 10.0 for commercial uses. As a condition for such special permit, the Commission shall find that:
  1. the uses are appropriate for the location and shall not unduly affect the residential uses in the nearby area or impair the future land use and development of the adjacent areas;
  2. the uses shall not require any significant addition to the supporting services of the neighborhood or that provision for adequate supporting services has been made;
  3. the additional bulk devoted to commercial uses shall not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian flow; and
  4. the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of any such uses on the character of the surrounding area.
82-32 Special Provisions for Increases in Floor Area
No floor area bonuses shall be permitted within the Special Lincoln Square District except as provided in this Section. The following floor area increases may be used separately or in combination.
  1. Floor area increase for Inclusionary Housing

    For any development to which the provisions of Section 23-90 (INCLUSIONARY HOUSING) are applicable, the maximum permitted residential floor area ratio may be increased by a maximum of 20 percent under the terms and conditions set forth in Section 23-90.
  2. Floor area bonus for public amenities

    For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).
82-33 Modification of Bulk Regulations
The City Planning Commission may, by special permit, modify the height and setback regulations, yard regulations, regulations governing minimum distance between buildings on a single zoning lot, and regulations governing courts and minimum distance between legally required windows and walls or lot lines, provided the Commission finds that such modifications are necessary to:
  1. facilitate good design;
  2. allow design flexibility for any development to which the mandatory provisions of Section 82-10 (MANDATORY DISTRICT IMPROVEMENTS) are applicable; or
  3. incorporate a floor area allowance pursuant to Section 82-32 (Special Provisions for Increases in Floor Area) where inclusion of the proposed public amenity will significantly further the specific purposes for which the Special Lincoln Square District is established.
82-34 Bulk Distribution
Within the Special District, at least 60 percent of the total floor area permitted on a zoning lot shall be within stories located partially or entirely below a height of 150 feet from curb level.
For the purposes of determining allowable floor area, where a zoning lot has a mandatory 85 foot high street wall requirement along Broadway, the portion of the zoning lot located within 50 feet of Broadway shall not be included in lot area unless such portion contains or will contain a building with a wall at least 85 feet high coincident with the entire street line of Broadway.
82-35 Height and Setback Regulations
Within the Special District, all buildings shall be subject to the height and setback regulations of the underlying districts, except as set forth in:
  1. paragraph (a) of Section 82-37 (Street Walls Along Certain Street Lines) where the street wall of a building is required to be located at the street line; and
  2. paragraphs (b), (c) and (d) of Section 82-37 where the street wall of a building is required to be located at the street line and to penetrate the sky exposure plane above a height of 85 feet from curb level.
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