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81-61 General Provisions
Special regulations are set forth in this Section to protect and strengthen the economic vitality and competitiveness of East Midtown by facilitating the development of exceptional modern and sustainable office towers; creating successful pedestrian-friendly public spaces; enabling improvements to the above- and below-grade pedestrian circulation network; protecting and strengthening the role of landmark buildings as important features of East Midtown; protecting and enhancing the role of Grand Central Terminal as a major transportation hub within East Midtown and the city; expanding and enhancing the pedestrian circulation network connecting Grand Central Terminal to surrounding development and minimizing pedestrian congestion; and protecting the iconic character of the surrounding area. Such regulations establish special provisions governing maximum floor area, sustainability, urban design and streetscape enhancements, the transfer of development rights from landmarks, and the improvement of the surface and subsurface pedestrian circulation network in the East Midtown Subdistrict.
The regulations of Section 81-60 (SPECIAL REGULATIONS FOR THE EAST MIDTOWN SUBDISTRICT), inclusive, are applicable only in the East Midtown Subdistrict, the boundaries of which are shown on Map 1 (Special Midtown District and Subdistricts) and Map 2 (East Midtown Subdistrict and Subareas) in Appendix A of this Chapter. These regulations supplement or modify the provisions of this Chapter applying generally to the Special Midtown District, of which this Subdistrict is a part.
Where the lot line of a zoning lot coincides with the boundary of the public place located at the southerly prolongation of Vanderbilt Avenue between East 42nd Street and East 43rd Street, such lot line shall be considered to be a street line for the purposes of applying the use, bulk and urban design regulations of this Chapter.
81-611 Applicability of Regulations
The provisions of Section 81-60, inclusive, shall apply in the East Midtown Subdistrict as follows:
  1. Section 81-61, inclusive, sets forth general provisions, applicability and definitions for the East Midtown Subdistrict;
  2. Section 81-62, inclusive, sets forth special use provisions;
  3. Section 81-63, inclusive, sets forth special floor area provisions for the Vanderbilt Corridor Subarea;
  4. Section 81-64, inclusive, sets forth special floor area provisions for qualifying sites;
  5. Section 81-65, inclusive, sets forth special floor area provisions for all other zoning lots;
  6. Section 81-66, inclusive, sets forth certain height and setback modifications to the provisions of Sections 81-26 and 81-27;
  7. Section 81-67, inclusive, sets forth certain modifications to the mandatory district plan elements of Section 81-40, inclusive; and
  8. Section 81-68, inclusive, sets forth additional provisions pertaining to qualifying sites.
81-612 Applicability Along District Boundaries
For zoning lots divided by district boundaries, the underlying provisions shall apply, except as follows:
  1. For qualifying sites divided by district boundaries where both districts have the same maximum floor area ratio set forth in Rows E and H of the table in Section 81-64 (Special Floor Area Provisions for Qualifying Sites), the provisions of Section 33-16 (Special Provisions for Zoning Lots Divided by District Boundaries) shall not apply to a building developed or, where permitted, enlarged, to exceed the basic maximum floor area in Row A of the table in Section 81-64. In lieu thereof, the floor area of such building on a qualifying site may be located anywhere on the zoning lot, regardless of the district boundary.
  2. In addition to the requirements set forth in Sections 81-25 (General Provisions Relating to Height and Setback of Buildings) and 81-40 (MANDATORY DISTRICT PLAN ELEMENTS), the provisions of Section 81-60, inclusive, shall apply to a zoning lot having 50 percent or more of its lot area within the East Midtown Subdistrict. For the purposes of Section 81-60, inclusive, all such zoning lots shall be deemed to be entirely within the Subdistrict. If any of the provisions of Sections 81-25, 81-40 and 81-60, inclusive, are in conflict, the regulations of Section 81-60, inclusive, shall govern. However, for zoning lots located partly within the East Midtown Subdistrict and partly within the Fifth Avenue Subdistrict, the provisions of Article VII, Chapter 7 shall apply.  
  3. For zoning lots divided by subarea boundaries, the provisions of Article VII, Chapter 7 shall apply.  
  4. For zoning lots with landmark buildings or other structures where more than 50 percent of the lot area is located within the Special Midtown District, and which abut the East Midtown Subdistrict boundary, such zoning lot may be considered as part of the Subdistrict for the purposes of transferring development rights pursuant to the applicable provisions of Sections 81-642 (Transfer of development rights from landmarks to qualifying sites) or 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites). However, the maximum amount of floor area that may be transferred from a granting lot, or portion thereof, located outside the Special Midtown District shall be the maximum floor area ratio permitted under the applicable underlying zoning district.
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