Within the East Midtown Subdistrict, as shown on Map 1 (Special Midtown District and Subdistricts) in Appendix A of this Chapter, the development of a building containing a transient hotel, as listed in Use Group 5, or the conversion or change of use within an existing building to a transient hotel, shall only be allowed by special permit of the City Planning Commission pursuant to the provisions of this Section. In addition, in Subareas other than the Vanderbilt Corridor, as shown on Map 2 (Special East Midtown District and Subareas), the enlargement of a building containing a transient hotel shall only be allowed by special permit of the City Planning Commission pursuant to the provisions of this Section.
However, in the event a casualty damages or destroys a building within the East Midtown Subdistrict that was used as a transient hotel as of May 27, 2015, in the Vanderbilt Corridor Subarea or on August 9, 2017, in other Subareas, such building may be reconstructed and used as a transient hotel without obtaining a special permit, provided the floor area of such reconstructed building, less the floor area of any other buildings on the zoning lot does not exceed the applicable basic maximum floor area ratio for the zoning lot set forth in Section 81-60, inclusive. Transient hotels existing on May 27, 2015 within the Vanderbilt Corridor Subarea or on August 9, 2017, in other Subareas, shall be considered conforming uses.
To permit such a transient hotel, the Commission shall find that such transient hotel will:
(a) be appropriate to the needs of businesses in the vicinity of the East Midtown area; and
(b) provide on-site amenities and services that will support the area's role as an office district. Such business-oriented amenities and services shall be proportionate to the scale of the transient hotel being proposed, and shall include, but shall not be limited to, conference and meeting facilities, and telecommunication services.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
However, after August 9, 2017, development of a building containing a transient hotel shall be permitted under the regulations which were in effect prior to August 9, 2017, if a new building application for such development was filed at the Department of Buildings after June 9, 2016, and a partial permit for such application was issued by the Department of Buildings on or prior to July 20, 2017, and a temporary certificate of occupancy for the entire building has been granted prior to January 31, 2020. In the event that such temporary certificate of occupancy has not been granted prior to such date, and an application is filed prior to such date, pursuant to this Section, with the Board of Standards and Appeals, the Board may permit the new building permit to be renewed for a term of one year upon the following findings:
(1) that the applicant has been prevented from completing such construction by hardship or circumstances beyond the applicant's control;
(2) that the applicant has not recovered all or substantially all of the financial expenditures incurred in construction, nor is the applicant able to recover substantially all of the financial expenditures incurred through development that conforms and complies with any applicable amendment to this Resolution; and
(3) that there are no considerations of public safety, health and welfare that have become apparent since the issuance of the permit that indicate an overriding benefit to the public in enforcement of the special permit provisions of this Section. In the event that the Board permits the renewal, the temporary certificate of occupancy shall be obtained by no later than January 31, 2021.
For mixed buildings developed on qualifying sites, the provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit the following uses, subject to the underlying zoning district regulations, on the same story as, or at any story above, residential uses, provided that no access exists between such uses at any level above the ground floor:
open or enclosed observation decks;
open or enclosed publicly accessible spaces;
eating or drinking establishments, as listed in Use Groups 6A, 6C, 10A and 12A;
bowling alleys, as listed in Use Group 8A and 12A;
theaters, as listed in Use Group 8A;
commercial art galleries, as listed in Use Group 6C;
gymnasiums, used exclusively for basketball, handball, paddleball, racquetball, squash and tennis, as listed in Use Group 9A;
wedding chapels and banquet halls, as listed in Use Group 9A;
enclosed skating rinks, as listed in Use Group 12A;
swimming pools and gymnasium uses which are accessory to any other use located within the building; and
physical culture or health establishments permitted pursuant to Section 73-36.
For such uses, the provisions of Section 32-41 (Enclosure Within Buildings) shall not apply.