74-921 Use Groups 3A and 4A Community Facilities

(a)        Use modifications for Use Groups 3A and 4A in M1 Districts

In M1 Districts, except for houses of worship and ambulatory diagnostic or treatment health care facilities, the City Planning Commission may permit uses listed in Use Group 4A - Community Facilities and, in M1-5 Districts, except in M1-5A, M1-5B and M1-5M Districts, the Commission may permit museums and non-commercial art galleries as listed in Use Group 3A, provided that such community facility is located not more than 400 feet from the boundary of a district where such facility is permitted as-of-right and the Commission finds that:

(1)        an adequate separation from noise, traffic and other adverse effects of the surrounding non-residential districts is achieved through the use of sound-attenuating exterior wall and window construction or by the provision of adequate open areas along lot lines of the zoning lot;

(2)        such facility is so located as to draw a minimum of vehicular traffic to and through local streets and that such use will not produce traffic congestion or other adverse effects that interfere with the appropriate use of land in the district or in any adjacent district;

(3)        where applicable, adequate reservoir space at the vehicular entrance and sufficient vehicular entrances and exits are provided to prevent congestion;

(4)        in selecting the site, due consideration has been given to the proximity and adequacy of bus and rapid transit facilities;

(5)        for a Use Group 4A use, within the neighborhood primarily to be served by the community facility, there is no practical possibility of obtaining a site of adequate size located in a district where it is permitted as-of-right because appropriate sites in such districts are occupied by substantial improvements; and

(6)        such facility will not impair the essential character of the surrounding area.

(b)        Bulk modifications for museums in M1-5 Districts

For a building containing a museum use listed in Use Group 3A, in an M1-5 District, on a zoning lot over which the High Line (as defined in Section 98-01) passes, the Commission may modify height and setback regulations, provided that such modifications:

(1)         provide a better distribution of bulk on the zoning lot;

(2)        result in a better relationship of the building to open areas including the High Line, adjacent streets and surrounding properties;

(3)        provide adequate light and air for buildings on the zoning lot and do not adversely affect adjacent zoning lots by unduly restricting access to light and air to surrounding streets and properties; and

(4)        result in a building containing a museum use that facilitates the public's use and enjoyment of the High Line.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.