97-10 Special Use and Location Regulations
In order to sustain the arts and entertainment character of the 125th Street corridor, the provisions of this Section shall apply.
(a) The following uses shall be designated as entertainment uses:
Clubs, including music, dance or comedy clubs
Eating or drinking establishments, with table service only
Studios, art, music, dancing or theatrical
Studios, radio, television or motion picture.
(b) The following uses shall be designated as visual or performing arts uses:
Literary arts spaces
Primary rehearsal spaces
Visual/Media arts spaces.
Within the Core Subdistrict, as shown on Map 1 in Appendix A of this Chapter, or for that portion of a zoning lot located within the Core Subdistrict, for buildings or portions of buildings developed or enlarged after April 30, 2008, that contain at least 60,000 square feet of floor area and are located on zoning lots with frontage on 125th Street, an amount of space equivalent to a minimum of five percent of the floor area of the development or enlargement shall be occupied by one or more of the uses designated in Section 97-11 (Special Arts and Entertainment Uses).
Small sidewalk cafes shall be permitted in the Special 125th Street District as indicated on Map 2 (Permitted Small Sidewalk Cafe Locations) in Appendix A of this Chapter, subject to all applicable regulations of Article I, Chapter 4 (Sidewalk Cafe Regulations).
Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the development or enlargement of a building containing a transient hotel, as listed in Section 32-14 (Use Group 5), or the conversion or change of use within an existing building to a transient hotel, shall only be allowed:
(a) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal, as set forth in this Section, has been met; or
(b) where such residential development goal, has not been met, by special permit by the City Planning Commission. To permit such a transient hotel, the Commission shall find that:
(1) sufficient sites are available in the area to meet the residential development goal; or
(2) a harmonious mix of residential and non-residential uses has been established in the area, and such transient hotel is consistent with the character of the surrounding area.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For the purpose of applying the provisions of this Section, the residential development goal shall be met when at least 3,865 dwelling units within the combined areas of the Special East Harlem Corridors District, and the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, have received temporary or final certificates of occupancy subsequent to November 30, 2017.