81-212 Special Provisions for Transfer of Development Rights From Landmark Sites

The provisions of Section 74-79 (Transfer of Development Rights From Landmark Sites) shall apply in the Special Midtown District, subject to the modification set forth in this Section and Sections 81-254, 81-266 and 81-277 pertaining to special permits for height and setback modifications, Sections 81-63 (Special Floor Area Provisions for the Vanderbilt Corridor Subarea), 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites), 81-747 (Transfer of development rights from landmark theaters) and 81-85 (Transfer of Development Rights From Landmark Sites).

The provisions of Section 74-79 pertaining to the meaning of the term "adjacent lot" in the case of lots located in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts are modified to apply in the Special Midtown District where the "adjacent lot" is in a C5-3, C6-6, C6-7, C6-5.5, C6-6.5 or C6-7T District.

The provisions of paragraph (c) of Section 74-792 as applied in the Special Midtown District shall be subject to the restrictions set forth in the table in Section 81-211 on the development rights (FAR) of a landmark "granting lot" for transfer purposes.

Wherever there is an inconsistency between any provision in Section 74-79 and the table in Section 81-211, the table in Section 81-211 shall apply.

For developments or enlargements in C5-3, C6-6, C6-7 and C6-7T Districts, the City Planning Commission may also modify or waive the requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) and requirements governing the minimum dimensions of a court, where:

(a)        the required minimum distance as set forth in Section 23-86 is provided between the legally required windows in the development or enlargement and a wall or lot line on an adjacent zoning lot occupied by the landmark; and

(b)        such required minimum distance is provided by a light and air easement on the zoning lot occupied by the landmark building or other structure, and such easement is acceptable to the Department of City Planning and recorded in the County Clerk's office of the county in which such tracts of land are located.

For developments or enlargements, on zoning lots located in C5-3, C6-6, C6-7 and C6-7T Districts and with frontage on streets on which curb cuts are restricted, pursuant to Section 81-44, the Commission may also modify or waive the number of loading berths required pursuant to Section 36-62. In granting such special permit, the Commission shall find that:

(1)        a loading berth permitted by Commission authorization, pursuant to Section 81-44, would have an adverse impact on the landmark building or other structure that is the subject of the special permit;

(2)        because of existing buildings on the zoning lot, there is no other feasible location for the required loading berths; and

(3)        the modification or waiver will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement. For developments or enlargements, on zoning lots located in C5-3, C6-6, C6-7 and C6-7T Districts, the Commission may also modify the dimensions and minimum clear height required for pedestrian circulation space, pursuant to Sections 37-50 and 81-45. In granting such special permit, the Commission shall find that the modification will result in a distribution of bulk and arrangement of uses on the zoning lot that relate more harmoniously with the landmark building or other structure that is the subject of the special permit.