Heads up: There are no amended sections in this chapter.

The Commissioner of the Department of Buildings shall administer and enforce this Resolution, except as otherwise specifically provided in the New York City Charter and in this Resolution.

The Department of Environmental Protection shall have exclusive jurisdiction to administer and enforce all provisions of this Resolution relating to air pollution, specifically including the performance standards regulating smoke, dust and other particulate matter, odorous matter, and toxic or noxious matter emitted into the atmosphere, in accordance with rules and regulations adopted by the Department of Environmental Protection.

The City Planning Commission shall adopt resolutions to amend the text of this Resolution or the zoning maps incorporated therein, and the City Council shall act upon such amendments, in accordance with the provisions of the New York City Charter.

The Board of Standards and Appeals (referred to hereinafter as the Board) shall have the power, pursuant to the provisions of the New York City Charter and of this Resolution, after public notice and hearing:

(a)        to hear and decide appeals from and to review interpretations of this Resolution;

(b)        to hear, decide, and determine, in a specific case of practical difficulties or unnecessary hardship, whether to vary the application of the provisions of this Resolution;

(c)        to hear and decide applications for such special permits as are set forth in this Resolution and are more specifically enumerated in Section 73-01 (General Provisions);

(d)        to adopt, amend, or repeal such rules or regulations as may be necessary to carry into effect the provisions of this Resolution;

(e)        to hear and decide applications for such authorizations as are set forth in this Resolution and enumerated in Section 72-30; and

(f)        to make such administrative determinations and findings as may be set forth in this Resolution or pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS) or to Section 72-41 (Continuation of Certain Adult Establishments).

(g)        to waive bulk regulations affected by unimproved streets where a development, enlargement or alteration consists in part of construction within such streets and where such development, enlargement or alteration would be non-complying absent such waiver, provided the Board has granted a permit pursuant to Section 35 of the General City Law and has prescribed conditions which require the portion of the development or enlargement to be located within the unimproved streets to be compliant and conforming to the provisions of this Resolution. Such bulk waivers shall only be as necessary to address non-compliance resulting from the location of the development or enlargement within and outside the unimproved streets, and the zoning lot shall comply to the maximum extent feasible with all applicable zoning regulations as if such unimproved streets were not mapped. Where such zoning lots with private roads access fewer than 20 dwelling units, such bulk waivers may be granted by the Board only where the zoning lots are fully compliant with the regulations for private roads set forth in Article II, Chapter 6. However, for zoning lots with private roads that access at least 20 dwelling units, or for zoning lots with private roads that access fewer than 20 dwelling units for which a modification or waiver of the requirements for private roads, pursuant to Section 26-26, is necessary, such bulk waivers shall be permitted only by authorization of the City Planning Commission, pursuant to Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets).

The Board of Standards and Appeals shall hear and decide appeals from or may, on its own initiative, review any rule or regulation, order, requirement, decision or determination of the Commissioner of Buildings, of any duly authorized officer of the Department of Buildings, or of the Commissioner of any agency which, under the provisions of the New York City Charter, has jurisdiction over the use of land or over the use or bulk of buildings or other structures, subject to the requirements of this Resolution.

On such an appeal or review, the Board may reverse, affirm, in whole or in part, or modify, such rule, regulation, order, requirement, decision or determination and may make such rule, regulation, order, requirement, decision or determination as in its opinion should have been made in the premises in strictly applying and interpreting the provisions of this Resolution, and for such purposes the Board shall have the power of the officer from whose ruling the appeal or review is taken.

However, there shall be no appeal to or review by the Board from an interpretation of this Resolution made by the Board of Environmental Protection of the Department of Environmental Protection, or any other agency for which the New York City Charter establishes a board empowered to adopt rules and regulations for such agency.

Where the street layout actually on the ground varies from the street layout as shown on the zoning maps, the designation as shown on such maps shall be applied by the Board of Standards and Appeals, after public notice and hearing, in such a way as to carry out the intent and purpose of this Resolution.

When in the course of enforcement of this Resolution, any officer from whom an appeal may be taken under the provisions of Section 72-11 (General Provisions) has applied or interpreted a provision of this Resolution, and there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such provision, the Board of Standards and Appeals may, in accordance with the requirements set forth in this Section, vary or modify the provision so that the spirit of the law shall be observed, public safety secured and substantial justice done.

Where it is alleged that there are practical difficulties or unnecessary hardship, the Board may grant a variance in the application of the provisions of this Resolution in the specific case, provided that as a condition to the grant of any such variance, the Board shall make each and every one of the following findings:

(a)        that there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular zoning lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardship arise in complying strictly with the use or bulk provisions of the Resolution; and that the alleged practical difficulties or unnecessary hardship are not due to circumstances created generally by the strict application of such provisions in the neighborhood or district in which the zoning lot is located;

(b)        that because of such physical conditions there is no reasonable possibility that a development, enlargement, extension, alteration or change of use on the zoning lot in strict conformity with the provisions of this Resolution will bring a reasonable return, and that the grant of a variance is therefore necessary to enable the owner to realize a reasonable return from such zoning lot; this finding shall not be required for the granting of a variance to a non-profit organization;

(c)        that the variance, if granted, will not alter the essential character of the neighborhood or district in which the zoning lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare;

(d)        that the practical difficulties or unnecessary hardship claimed as a ground for a variance have not been created by the owner or by a predecessor in title; however, where all other required findings are made, the purchase of a zoning lot subject to the restrictions sought to be varied shall not itself constitute a self-created hardship; and

(e)        that within the intent and purposes of this Resolution, the variance, if granted, is the minimum variance necessary to afford relief; and to this end, the Board may permit a lesser variance than that applied for.

It shall be a further requirement that the decision or determination of the Board shall set forth each required finding in each specific grant of a variance, and in each denial thereof which of the required findings have not been satisfied. In any such case, each finding shall be supported by substantial evidence or other data considered by the Board in reaching its decision, including the personal knowledge of, or inspection by, the members of the Board. Reports of other City agencies made as a result of inquiry by the Board shall not be considered hearsay, but may be considered by the Board as if the data therein contained were secured by personal inspection.

The Board of Standards and Appeals may prescribe such conditions or restrictions applying to the grant of a variance as it may deem necessary in the specific case, in order to minimize the adverse effects of such variance upon other property in the neighborhood. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this Resolution, and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.

A variance granted under the provisions of this Resolution shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within four years from the date of granting such variance by the Board of Standards and Appeals or, if judicial proceedings have been instituted to review the Board's decision to grant any variance, the four-year lapse period shall commence upon the date of entry of the final order in such proceedings, including appeals.

The Board of Standards and Appeals shall have the power to issue authorizations on such matters as are set forth in this Section. The Board shall hear and decide applications for authorizations in an administrative proceeding in the same manner in which it hears appeals for interpretation pursuant to Section 72-10.

The Board of Standards and Appeals may permit any non-conforming adult establishment or any non-conforming sign, other than advertising signs, for an adult establishment to continue for a limited period of time beyond that provided for in Sections 52-734 (Non-conforming signs for adult establishments) or 52-77 (Termination of Adult Establishments), provided that:

(a)        an application is made by the owner of such establishment to the Board of Standards and Appeals at least 120 days prior to the date on which such establishment or sign must terminate;

(b)        the Board shall find, in connection with such establishment or sign, that:

(1)        the applicant had made, prior to the non-conformity, substantial financial expenditures related to the non-conformity; and

(2)        the applicant has not recovered substantially all of the financial expenditures related to the non-conformity; and

(3)        the period for which such establishment or sign may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the non-conformity.

For the purpose of this Section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult establishment or sign, exclusive of the fair market value of the building in which such use or sign is located and exclusive of any improvements unrelated to the non-conforming adult establishment or non-conforming accessory business sign for adult establishments.

This Section shall not apply to commercial establishments described in Section 72-41 (Continuation of Certain Adult Establishments).

Any commercial establishment in existence as of August 8, 2001 which: (i) subsequent to September 18, 1995, and prior to August 8, 2001, made financial expenditures so as to avoid becoming subject to the provisions of Section 32-01 or 42-01 (Special Provisions for Adult Establishments); and (ii) is defined as an adult establishment pursuant to the amendments to the definition of adult establishment in Section 12-10 adopted on October 31, 2001, shall terminate as an adult establishment within one year from October 31, 2001. Notwithstanding the foregoing, the Board of Standards and Appeals may permit such adult establishment to continue for a limited period beyond such one year period, provided that:

(a)        an application is made by the owner of such establishment to the Board of Standards and Appeals at least 120 days prior to the date on which such establishment must terminate;

(b)        the Board shall find, in connection with such establishment, that:

(1)        the applicant had made, subsequent to September 18,1995 and prior to August 8, 2001, substantial financial expenditures so as to avoid becoming subject to the provisions of Section 32-01 or 42-01;

(2)        the applicant has not recovered substantially all such financial expenditures; and

(3)        the period for which such establishment may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of such financial expenditures.

For purposes of this Section, "financial expenditures" shall mean the following: (i) any capital outlay for improvements made in connection with the configuration or reconfiguration of the amount of floor area and cellar space within such establishment accessible to customers either: (a) containing books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual matter characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or (b) allocated to one of the activities described in paragraphs (1)(b), (1)(c) or (1)(d) of the definition of adult establishment in Section 12-10; and (ii) any purchases of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual matter, which are not characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

The provisions of Sections 52-77 (Termination of Adult Establishments) and 72-40 (AMORTIZATION OF CERTAIN ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS) shall not apply to commercial establishments subject to this Section.

In harmony with the general purpose and intent of this Resolution and in accordance with the provisions set forth in this Chapter, the Board of Standards and Appeals may, in an appropriate case:

(a)        grant special permits for specified uses in specific districts (referred to hereinafter as special permit uses);

(b)        permit specified modifications of the use or bulk regulations of this Resolution;

(c)        permit the renewal of revoked building permits as provided in Sections 11-31 to 11-33, inclusive, relating to Building Permits Issued before Effective Date of Amendment; or

(d)        permit the renewal of a variance, exception, or permit issued by the Board prior to December 15, 1961, in accordance with the provisions of Section 11-41 relating to Exceptions, Variances, or Permits Previously Authorized;

provided that, in each specific case, the requirement for findings as set forth in this Chapter (or in the Sections referred to in paragraph (c) or (d) of this Section) shall constitute a condition precedent to the grant of such special permit, modification, or renewal.

In addition to meeting the requirements, conditions, and safeguards prescribed by the Board as set forth in this Chapter, each such special permit use shall conform to and comply with all of the applicable district regulations on use, bulk, supplementary use regulations, regulations applying along district boundaries, accessory signs, accessory off-street parking and off-street loading, and all other applicable provisions of this Resolution, except as otherwise specifically provided in this Chapter or as they may be modified in accordance with paragraph (b) of this Section. In the case of required accessory off-street parking, such use shall satisfy the requirements specified for such uses in Sections 25-31, 36-21 or 44-21 (General Provisions) except that, where no parking requirement is specified therein, such use shall satisfy the requirements set forth in this Chapter.

In the waterfront area, the powers of the Board to grant special permits are made inapplicable or modified in accordance with the provisions of Section 62-131 (Applicability of Article VII, Chapter 3).

It shall be a further requirement that the decision or determination of the Board of Standards and Appeals shall set forth each required finding in each specific grant of a special permit use, modification or renewal and, in each denial thereof, which of the required findings have not been satisfied. In any such case, each finding shall be supported by substantial evidence or other data considered by the Board in reaching its decision, including the personal knowledge of or inspection by the members of the Board.

The Board of Standards and Appeals shall have the power, as authorized by Section 73-01, paragraph (a) or (b), and subject to such appropriate conditions and safeguards as the Board shall prescribe, to grant special permit uses or modifications of use, parking, or bulk regulations as specifically provided in this Chapter, provided in each case:

(a)        The Board shall make all of the findings required in the applicable sections of this Chapter with respect to each such special permit use or modification of use, parking or bulk regulations and shall find that, under the conditions and safeguards imposed, the hazards or disadvantages to the community at large of such special permit use or modification of use, parking or bulk regulations at the particular site are outweighed by the advantages to be derived by the community by the grant of such special permit. In each case the Board shall determine that the adverse effect, if any, on the privacy, quiet, light and air in the neighborhood of such special permit use or modification of use, parking or bulk regulations will be minimized by appropriate conditions governing location of the site, design and method of operation.

(b)        In all cases the Board shall deny a special permit whenever such proposed special permit use or modification of use, parking or bulk regulations will interfere with any public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or right-of-way for sewers, transit or other public facilities) which is approved by or pending before the Board of Estimate, Site Selection Board or the City Planning Commission as determined from the calendars of each such agency issued prior to the date of the public hearings before the Board of Standards and Appeals.

(c)        When under the applicable findings the Board is required to determine whether the special permit use or modification of use, parking or bulk regulations is appropriately located in relation to the street system, the Board shall in its discretion make such determination on the basis of the Master Plan of Arterial Highways and Major Streets on the official City Map. Whenever the Board is required to make a finding on the location of a proposed special permit use or modification of use, parking or bulk regulations in relation to secondary or local streets and such classification of streets is not shown on the Master Plan, the Board in its discretion shall request the City Planning Commission to establish a report on the appropriate classification of such street.

(d)        For applications relating to Sections 73-243, 73-48 and 73-49, the Board in its discretion shall request from the Department of Transportation a report with respect to the anticipated traffic congestion resulting from such special permit use or modification of use, parking or bulk regulations in the proposed location. If such a report is requested, the Board shall in its decision or determination give due consideration to such report and further shall have the power to substantiate the appropriate finding solely on the basis of the report of the Department of Transportation with respect to the issue referred.

(e)        If a term of years is specified in the applicable section, the Board shall establish a term of years not to exceed such maximum. For those special permit uses or modification of use parking or bulk regulations for which a maximum term has not been specified, the Board may fix an appropriate term for any such special permit use or modification of use parking or bulk regulations.

(f)        On application for renewal of any such special permit authorized in this Chapter, the Board shall determine whether the circumstances warranting the original grant still obtain. In addition, the Board shall ascertain whether the applicant has complied with the conditions and safeguards theretofore described by the Board during the prior term. In the event that the Board shall find the applicant has been in substantial violation thereof, it shall deny the application for renewal.

(g)        The Board may permit the enlargement or extension of any existing use, which, if new, would be permitted by special permit in the specified districts under the provisions of Section 73-01 and other applicable provisions of this Chapter, provided that before granting any such permit for enlargement or extension within the permitted districts, the Board shall make all of the required findings applicable to the special permit use, except that:

(1)        in the case of colleges or universities in R1 or R2 Districts, the Board may waive all such required findings set forth in Section 73-121 (Colleges or universities); and

(2)        in the case of public utility uses, the Board may waive all such required findings set forth in Sections 73-14 (Public Service Establishments) or 73-16 (Public Transit, Railroad or Electric Utility Substations).

No such enlargement or extension shall create a new non-compliance or increase the existing degree of non-compliance with the applicable bulk regulations, except as may be permitted in accordance with the provisions of Sections 73-62 to 73-68, inclusive, relating to Modification of Bulk Regulations.

The Board of Standards and Appeals may prescribe such conditions and safeguards to the grant of special permit (uses) as it may deem necessary in the specific case, in order to minimize the adverse effects of such special permit upon other property and the community at large. Such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this Resolution, and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.

Subject to the general findings required by Section 73-03 and in accordance with the provisions contained in Sections 73-12 to 73-36, inclusive, the Board of Standards and Appeals shall have the power to permit special permit uses, and shall have the power to impose appropriate conditions and safeguards thereon.

In the Special Midtown District, the powers of the Board to permit special permit uses are modified by the provisions of Sections 81-13 (Special Permit Use Modifications) and 81-061 (Applicability of Chapter 3 of Article VII).

Except as permitted pursuant to this Chapter, in R3, R4 or R5 Districts, the following uses shall be subject to the height and setback requirements of an R2 District:

Camps

Public utility or public service facilities

Radio and television towers, non-accessory

Riding academies or stables.

In R1, R2, R3-1, R3A, R3X, R4-1, R4A or R4B Districts, the Board of Standards and Appeals may permit specified community facility uses in accordance with the provisions of this Section.

The Board of Standards and Appeals may permit colleges or universities including professional schools but excluding business colleges or trade schools in R1 or R2 Districts, provided that the following findings are made:

(a)        that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences; and

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets.

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

The Board of Standards and Appeals may permit college or school student dormitories or fraternity or sorority student houses in R1 or R2 Districts, provided that the following findings are made:

(a)        that such use does not exceed the maximum floor area ratio for residential use as set forth in Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts);

(b)        that the amount of open space and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood;

(c)        that, notwithstanding the provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number), at least one accessory off-street parking space is provided for each six beds; and

(d)        that such use conforms to all the other applicable Off-street Parking Regulations as set forth in Article II, Chapter 5.

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

The Board of Standards and Appeals may permit non-commercial clubs, except swimming pool clubs or clubs with swimming pools located less than 500 feet from any lot line, in R1 or R2 Districts, provided that the following findings are made:

(a)        that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets;

(c)        that such use complies with the minimum required open space ratio and maximum floor area ratio for residential use as set forth in Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts);

(d)        that not more than half the open space provided is occupied by driveways, private streets, open accessory off-street parking spaces or active outdoor recreation facilities; and

(e)        that the amount of open space provided and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights, screening or landscaping.

The Board of Standards and Appeals may permit welfare centers in R1 or R2 Districts, provided that the following findings are made:

(a)        that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences; and

(b)        that such use is conveniently accessible to the people it serves.

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

In R3A, R3X, R3-1, R4A, R4B or R4-1 Districts, excluding lower density growth management areas, the Board of Standards and Appeals may permit ambulatory diagnostic or treatment health care facilities listed in Use Group 4, limited in each case to a maximum of 10,000 square feet of floor area, provided that the Board finds that the amount of open area and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood.

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

In R3-1, R3A, R3X, R4-1, R4A or R4B Districts in lower density growth management areas, the Board of Standards and Appeals may permit ambulatory diagnostic or treatment health care facilities listed in Use Group 4, limited in each case to a maximum of 10,000 square feet of floor area, provided that such facilities are located on zoning lots that comply with the minimum lot area and lot width regulations of Section 23-35 (Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas).

In addition, for buildings in R3, R4 and R5 Districts in lower density growth management areas subject to the provisions of paragraph (b) of Section 24-012 (Exceptions to the bulk regulations of this Chapter) the Board may permit the development of a building pursuant to the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts).

In order to grant such special permit, the Board shall find that:

(a)        the amount and type of open area and its distribution on the zoning lot is compatible with the character of the neighborhood;

(b)        the distribution of bulk on the zoning lot will not unduly obstruct access of light and air to adjoining properties or streets; and

(c)        the scale and placement of the building on the zoning lot relates harmoniously with surrounding buildings.

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

In R1 or R2 Districts, the Board of Standards and Appeals may permit outdoor tennis courts or ice skating rinks, provided that the Board finds that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences.

The Board shall prescribe the following conditions:

(a)        that such use and any accessory facilities affixed to the land are not located closer than 20 feet to any lot line; and

(b)        that all lighting is directed away from nearby zoning lots containing residences.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for screening or for landscaping.

In all Residence Districts, the Board of Standards and Appeals may permit electric or gas utility substations, limited in each case to a site of not more than 10,000 square feet, potable water pumping stations, or telephone exchanges or other communications equipment structures, provided that the following findings are made:

(a)        that such use will serve the residential area within which it is proposed to be located; that there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District; and

(b)        in the case of such electric or gas utility substations or potable water pumping stations, that the site for such use has a minimum lot area of 4,500 square feet.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that electric utility substations shall meet the performance standards for an M1 District; that such electric or gas utility substations or potable water pumping stations shall be surrounded with fences, barriers, or other safety devices; or that any such use shall be landscaped.

In all Residence Districts, the Board of Standards and Appeals may permit public utility stations for oil or gas metering or regulating, or terminal facilities located at river crossings for access to electric, gas or steam lines, provided that the Board finds that the proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for construction of fences, barriers or other safety devices, or for landscaping.

In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the Board of Standards and Appeals may permit electric utility substations (including transformers, switches, or auxiliary apparatus) or public transit or railroad electric substations, limited in each case to a site of not more than 40,000 square feet, and in the case of electric utility substations to a site of not less than 10,000 square feet, provided that the following findings are made:

(a)        that such use will serve either the residential community within which it is proposed to be located or the residential community immediately adjacent, and that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;

(b)        in the case of public transit or railroad electric substations, that the site for such use has a minimum frontage of 50 feet and a minimum lot area of 4,500 square feet;

(c)        that the site for such use is so located in Residence Districts as to minimize the adverse effects on the integrity of existing and future development, or is so located in Commercial Districts as to minimize the interruption of the continuity of retail frontage;

(d)        that the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and

(e)        that such use will conform to the performance standards applicable to M1 Districts.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for screening of apparatus, or for landscaping.

In all Residence Districts, and in C1, C2 or C3 Districts, the Board of Standards and Appeals may permit overnight or outdoor day camps, whether commercial or philanthropic, for a term not to exceed five years, provided that the Board finds that such use will not cause excessive traffic congestion.

The Board shall prescribe the following conditions:

(a)        that a minimum of 150 square feet of lot area is provided for each child enrolled in the camp;

(b)        that along any rear or side lot lines, yards are provided, each with a minimum depth (or width) of 40 feet, within which no camp equipment is affixed to the land;

(c)        that in Residence Districts or C3 Districts the zoning lot is screened along the rear and side lot lines, and in C1 or C2 Districts along any rear or side lot line adjoining a Residence District, by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; and

(d)        that in the case of outdoor day camps, for each 6,000 square feet of lot area, one accessory off-street parking space of 500 square feet is provided to accommodate buses used in the transportation of campers, in addition to the accessory off-street parking requirement established for such uses under the applicable provisions of Sections 25-31 or 36-21 (General Provisions).

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

In all Residence Districts, and in C2, C6 or C7 Districts, the Board of Standards and Appeals may permit riding academies or stables operated as a recreation service, for a term not to exceed five years, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character of the surrounding area;

(b)        that adequate horseback riding facilities are available on the same zoning lot or within 600 feet of such zoning lot;

(c)        that the location and operation of such use will not be such as to result in any serious traffic hazards or conflicts on nearby streets; and

(d)        that in Residence Districts, no stables or riding areas are located within 40 feet of any side or rear lot line.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for sanitation, for screening, or for landscaping.

In C8 or M1 Districts, the Board of Standards and Appeals may permit schools which have no residential accommodations except accessory accommodations for a caretaker, provided that the following findings are made:

(a)        that within the neighborhood to be served by the proposed school there is no practical possibility of obtaining a site of adequate size located in a district wherein it is permitted as of right, because appropriate sites in such districts are occupied by substantial improvements;

(b)        that such school is located not more than 400 feet from the boundary of a district wherein such school is permitted as-of-right;

(c)        that 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; and

(d)        that the movement of traffic through the street on which the school is located can be controlled so as to protect children going to and from the school. The Board shall refer the application to the Department of Traffic for its report with respect to vehicular hazards to the safety of children within the block and in the immediate vicinity of the proposed site.

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

In C1 Districts, the Board of Standards and Appeals may permit theaters with a capacity of not more than 500 persons in a new or existing building. In C1-5, C1-6, C1-7, C1-8 and C1-9 Districts, motion picture theaters shall have a minimum of four square feet of waiting area within the zoning lot for each seat. The required waiting space shall be either in an enclosed lobby or open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space within 10 feet of a refreshment stand or of an entrance to a public toilet. The Board shall not apply these requirements to any additional motion picture theater created by the subdivision of an existing motion picture theater.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of nearby residential areas.

In M1-5A or M1-5B Districts, the Board of Standards and Appeals may permit theaters for a term not to exceed five years, provided that the following findings are made:

(a)        that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhoods;

(b)        that such use will not cause undue congestion in local streets; and

(c)        that such use provides a waiting area of adequate size to prevent obstruction of street areas and other uses within the same or other building.

The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows; provision of sound-lock vestibules; specification of acoustical insulation; maximum size of establishment; number, kinds of amplification of musical instruments or voices; shielding of flood lights; adequate screening; curb cuts, or parking.

In any C2, C4, C6 or C7 District whose longer dimension is 375 feet or more (exclusive of land in streets), the Board of Standards and Appeals may permit automotive service stations, provided that the following findings are made:

(a)        that the site for such use has a minimum area of 7,500 square feet; and

(b)        that the site for any such use which is not located on an arterial highway or a major street has a maximum area of 15,000 square feet.

The Board shall prescribe the following conditions:

(1)        that any facilities for lubrication, minor repairs or washing are located within a completely enclosed building;

(2)        that the site is so designed as to provide reservoir space for five waiting automobiles within the zoning lot in addition to spaces available within an enclosed lubritorium or at the pumps;

(3)        that entrances and exits are so planned that, at maximum expected operation, vehicular movement into or from the automotive service station will cause a minimum of obstruction on streets or sidewalks;

(4)        that, along any rear lot line or side lot line adjoining a Residence District, the zoning lot is screened, as the Board may prescribe, by either of the following methods:

(i)        a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(ii)        a wall or barrier or uniformly painted fence of fire-resistant material at least six feet high, but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of its face is open; and

(5)        that signs, other than advertising signs, shall be subject to the applicable district sign regulations, provided that:

(i)        in C2 Districts, the provisions of Sections 32-642 (Non-illuminated signs) and 32-643 (Illuminated non-flashing signs) shall be modified to permit non-illuminated or illuminated non-flashing signs with a total surface area not exceeding 150 square feet on any zoning lot; and

(ii)        the provisions set forth in Section 32-652 (Permitted projection in all other Commercial Districts) may be modified in accordance with the provisions of Section 73-212 (Projection of accessory signs).

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, and to protect residential zoning lots which are adjoining or across the street.

In C2, C4, C6 or C8 Districts, the Board of Standards and Appeals may permit not more than one sign accessory to an automotive service station, to project across a street line more than the amount permitted in Section 32-652 (Permitted projection in all other Commercial Districts), but in no case more than four feet, provided that the following findings are made:

(a)        That projection in the amount permitted is required for adequate advance identification of such automotive service station to motorists on heavily traveled streets in the interests of traffic safety.

(b)        That such sign conforms to all other applicable district sign regulations, and its total surface area is not more than 30 square feet.

In C3 Districts, the Board of Standards and Appeals may permit commercial beaches for a term not to exceed five years, provided that the Department of Health has certified that the waters may be used for bathing purposes and do not violate safe and acceptable standards of water pollution, and provided further that the Board shall make the following findings:

(a)        that such use is so located as to minimize interference with the movement and navigation of ships or boats;

(b)        that no more than 20 percent of the shore line in any one mapped district is used for such use;

(c)        that no accessory stands for the sale of food or drink shall be located within 100 feet of a Residence District boundary, and that the total floor area of all such stands shall not exceed 200 square feet; and

(d)        that such use will not create such traffic congestion as to impair the residential character of the area. The Board shall refer the application to the Department of Traffic for a report as to whether the use will create such detrimental traffic congestion that it impairs such residential character.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, or requirements for the shielding of floodlights or adequate screening.

In C3 Districts, the Board of Standards and Appeals may permit commercial swimming pools with a pool area of not more than 5,000 square feet for a term not to exceed five years, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or the future use or development of the nearby residential neighborhood; and

(b)        that such pool is not located within 200 feet of the shore line.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights or adequate screening.

In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3, C5, M1-5A or M1-5B Districts, the Board of Standards and Appeals may permit eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less, for a term not to exceed five years, provided that the following findings are made:

(a)        that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhood;

(b)        that such use will not cause undue congestion in local streets;

(c)        that in M1-5A and M1-5B Districts, eating and drinking places shall be limited to not more than 5,000 square feet of floor space;

(d)        that in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C5, M1-5A and M1-5B Districts, such use shall take place in a completely enclosed building; and

(e)        that the application is made jointly by the owner of such building and the operators of such eating or drinking establishment.

The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs, provided that any illuminated sign shall not be less than 150 feet from the boundary of any Residence District.

The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of floodlights, adequate screening, curb cuts or parking.

In C3 Districts, the Board of Standards and Appeals may permit eating or drinking establishments (including those which provide outdoor table service or musical entertainment but not dancing, with a capacity of 200 persons or less, and including those which provide music for which there is no cover charge and no specified showtime) for a term not to exceed five years, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or the future use or development of the nearby residential neighborhood; and

(b)        that such use will generate a minimum of vehicular traffic to and through local streets in residential areas.

The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs, provided that any illuminated sign shall not be less than 150 feet from the boundary of any Residence District.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights or adequate screening.

In C1-1, C1-2 and C1-3 Districts, (except in Special Purpose Districts) the Board of Standards and Appeals may permit eating or drinking places (including those which provide musical entertainment but not dancing, with a capacity of 200 persons or less, and those which provide outdoor table service) with accessory drive-through facilities for a term not to exceed five years, provided that the following findings are made:

(a)        the drive-through facility contains reservoir space for not less than 10 automobiles;

(b)        the drive-through facility will cause minimal interference with traffic flow in the immediate vicinity;

(c)        the eating or drinking place with accessory drive-through facility fully complies with the accessory off-street parking regulations for the indicated zoning district, including provision of the required number of accessory off-street parking spaces for the indicated zoning district (for the purpose of this finding, the waiver provisions of Sections 36-231 and 36-232 shall be inapplicable);

(d)        the character of the commercially zoned street frontage within 500 feet of the subject premises reflects substantial orientation toward the motor vehicle, based upon the level of motor vehicle generation attributable to the existing commercial uses contained within such area and to the subject eating or drinking place (excluding the accessory drive-through facility portion);

(e)        the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises; and

(f)        there will be adequate buffering between the drive-through facility and adjacent residential uses.

In connection therewith, the Board may modify the requirement of Section 32-411 (In C1, C5, C6-5 or C6-7 Districts) insofar as it relates to the accessory drive-through facility. The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District, the Board of Standards and Appeals may permit eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity with dancing, for a term not to exceed three years, provided that the following findings are made:

(a)        that a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. A plan shall be provided to the Board to ensure that the operation of the establishment will not result in the gathering of crowds or the formation of lines on the street;

(b)        that the entrance to such use shall be a minimum of 100 feet from the nearest Residence District boundary;

(c)        that such use will not cause undue vehicular or pedestrian congestion in local streets;

(d)        that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhoods;

(e)        that such use will not cause the sound level in any affected conforming residential use, joint living-work quarters for artists or loft dwelling to exceed the limits set forth in any applicable provision of the New York City Noise Control Code; and

(f)        that the application is made jointly by the owner of the building and the operators of such eating or drinking establishment.

The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of flood lights, adequate screening, curb cuts or parking.

Any violation of the terms of a special permit may be grounds for its revocation.

*        In C4 Districts where such use is within 100 feet from a Residence District boundary

**        In C6-4 Districts mapped within that portion of Community District 5, Manhattan, bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue

In C3 Districts, the Board of Standards and Appeals may permit boatels provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or the future use or development of the nearby residential neighborhood; and

(b)        that any restaurant permitted in connection with such use satisfies the conditions for issuance of special permits to eating or drinking places, as set forth in Section 73-24.

The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs on each of not more than three street or water frontages.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements with respect to the location of illuminated signs, the shielding of floodlights or adequate screening.

In C8 or M1 Districts, the Board of Standards and Appeals may permit children's amusement parks with an area of at least 10,000 square feet but not more than 75,000 square feet, for a term not to exceed five years, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or the future use or development of the surrounding area;

(b)        that the principal vehicular access for such use is not located on a local street or on an arterial highway;

(c)        that such use is not located within 400 feet of a Residence District;

(d)        that vehicular entrances and exits for such use are provided separately, and that no entrance is located less than 50 feet from any exit; and

(e)        that such use will not cause traffic congestion or other adverse effects which interfere with the appropriate use of land in the district or in any adjacent district, and that such use is so located as to minimize vehicular traffic to and through local streets in residential areas.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, or requirements for shielding of floodlights, adequate screening, or surfacing all access roads or driveways.

In C1 or C4 Districts, the Board of Standards and Appeals may permit funeral establishments provided that the following findings are made:

(a)        that there are serious difficulties involved in locating within a district wherein such use is permitted as-of-right and from which it could serve the needs of its prospective clientele, which make it necessary to locate such use within a C1 or C4 District;

(b)        that the site for such use is so located as to cause minimum interruption of the continuity of the frontage devoted to retail shopping uses. In determining whether the use will cause only minimum interruption of such retail frontage, the Board may make a favorable finding on the ground that there exists a substantial number of other incompatible uses interrupting such frontage within 200 feet on either side of the proposed site (not including land in streets); and

(c)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas.

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

In C6 Districts, the Board of Standards and Appeals may permit newspaper publishing establishments provided that the following findings are made:

(a)        that such use will not cause undue traffic congestion in local streets;

(b)        that such use is not located within 200 feet of a Residence District; and

(c)        that such use shall conform to all performance standards applicable in M1 Districts.

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

In all Manufacturing Districts, the Board of Standards and Appeals may permit the utilization of Class IV explosives, as defined in Section 42-272 (Classifications), in manufacturing processes or other production and storage accessory thereto, provided that the following findings are made:

(a)        that such manufacture is carried on within completely enclosed buildings or other structures whose exterior walls are of incombustible materials;

(b)        that such buildings or other structures are protected throughout by an automatic fire extinguishing system which meets all requirements set forth in the Administrative Code of the City of New York; and

(c)        that such utilization and the storage accessory thereto complies with all additional applicable provisions of the Administrative Code and all rules and regulations of the Fire Department.

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

In all districts, the Board of Standards and Appeals may permit non-accessory radio or television towers, provided that it finds that the proposed location, design, and method of operation of such tower will not have a detrimental effect on the privacy, quiet, light and air of the neighborhood.

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

In all districts, the Board of Standards and Appeals may permit, for a term not to exceed 10 years, the extraction of sand, gravel, or clay from a zoning lot which is limited in size to a maximum of 50 acres and which is located not less than 1,000 feet from the nearest boundary of any zoning lot 10 acres or more in area used for such extraction, provided that the Board finds that such use is so located as not to impair the essential character or the future use or development of the surrounding area, and provided that the following conditions are met:

(a)        that the applicant submits a site plan showing the proposed extent and depth of the area to be excavated, together with the certification of the Department of Buildings that the proposed method of operations and the final elevation of the pit will not undermine or cause settlement to nearby streets, sewers, buildings or other structures, or installations;

(b)        that the applicant submits a plan for the rehabilitation of the zoning lot to be undertaken after the completion of the excavation operations which is satisfactory to the Board, and posts a bond, in an amount to be determined by the Board, for the performance of such rehabilitation;

(c)        that the entire perimeter of the zoning lot, except for necessary truck roads, is fenced, including locked gates, so as to prevent children from gaining access to the excavated areas;

(d)        that one accessory off-street parking space is provided for every 2,000 square feet of lot area or for every three employees, whichever shall require a lesser number of spaces; and

(e)        that the performance standards for M1 Districts shall apply to such operations in all districts other than M2 or M3 Districts, where the applicable performance standards shall govern.

The Board of Standards and Appeals shall impose the following conditions on the method of operation of such uses:

(a)        that all drilling, blasting, or excavation operations shall be limited to Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m.;

(b)        that the emission of process dust either from the area of operations or from the excavated materials themselves shall be minimized by frequent watering or by such other means as the Board shall direct;

(c)        that the warning notices respecting unlawful entry shall be posted on the fence, and that a watchman shall be stationed on the premises to police the entire area after normal working hours and on weekends and holidays; and

(d)        that excavation operations shall be undertaken in such manner as to avoid the creation of undrained pockets and the formation of stagnant pools. When topographical conditions make such compliance impossible, all pools of water resulting from surface drainage shall be sprayed in accordance with the requirements of the Department of Health to eliminate breeding places for mosquitoes or other insects.

The Board may prescribe additional appropriate conditions and safeguards to protect the public health, safety and general welfare during the period between the cessation of operations and the final rehabilitation of the site in accordance with approved plans.

In M3 Districts, the Board of Standards and Appeals may permit the manufacture of gaseous or liquid oxygen provided that such manufacture complies with all the applicable provisions of the Administrative Code of the City of New York and all rules and regulations of the Fire Department.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including adequate buffering.

In M1 Districts, the Board of Standards and Appeals may permit the storage of non-flammable liquids in tanks to be located no closer than 100 feet from a Residence District boundary.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including adequate buffering.

In all Residence Districts except R1, R2, R3 and R4 Districts, the Board of Standards and Appeals may permit, for a term of five years, fire stations in prefabricated temporary structures, provided that such use is located in a high fire incidence area as designated by the Fire Department.

For fire stations in prefabricated temporary structures, in all Residence Districts except R1, R2, R3 and R4 Districts and in all Commercial and Manufacturing Districts, the Board may permit modifications of the applicable regulations in Sections 23-40 to 23-55, inclusive, Sections 33-20 to 33-31, inclusive, and Sections 43-20 to 43-22, inclusive, relating to Yard Regulations.

In C4-1 Districts, or in M2 or M3 Districts which contain shopping centers on March 4, 1976, the Board of Standards and Appeals may permit amusement arcades to be located within shopping centers for a term of one year, provided the following findings are made:

(a)        that the application for the special permit is a joint application made by the management of such shopping center and the operator of the proposed amusement arcade;

(b)        that such amusement arcade will be beneficial to the other uses located within the shopping center; and

(c)        that the use is so located within the shopping center that no entrance and no sign fronts upon or faces a street.

The special permit may be renewed for subsequent one year terms provided the Board finds that the facts upon which the special permit was granted have not substantially changed.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on hours of operation or requirements for security and supervision.

(a)        In C1-8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board of Standards and Appeals may permit physical culture or health establishments as defined in Section 12-10, including gymnasiums (not permitted under Use Group 9) or massage establishments other than adult physical culture establishments, for a term not to exceed 10 years, provided the following findings are made:

(1)        that such use is so located as not to impair the essential character or the future use or development of the surrounding area; and

(2)        that such use contains:

(i)        one or more of the following regulation size sports facilities: handball courts, basketball courts, squash courts, paddleball courts, racketball courts, tennis courts; or

(ii)        a swimming pool of a minimum 1,500 square feet; or

(iii)        facilities for classes, instruction and programs for physical improvement, body building, weight reduction, aerobics or martial arts; or

(iv)        facilities for the practice of massage by New York State licensed masseurs or masseuses.

Therapeutic or relaxation services may be provided only as accessory to programmed facilities as described in paragraphs (a)(2)(i) through (a)(2)(iv) of this Section.

(b)        In C4-7, C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8 or C6-9 Districts, the Board may permit physical culture or health establishments located on the roof of a commercial building or the commercial portion of a mixed building, provided the following additional findings are made:

(1)        that such use shall be an incidental part of a permitted physical culture or health establishment located within the same commercial or mixed building;

(2)        that such use shall be open and unobstructed to the sky;

(3)        that such use shall be located on a roof not less than 23 feet above curb level;

(4)        that the application for such use shall be made jointly by the owner of the building and the operator of such physical culture or health establishment; and

(5)        that the Board shall prescribe appropriate controls to minimize adverse impacts on the surrounding area, including but not limited to, requirements for the location, size and types of signs, limitations on the manner and/or hours of operation, shielding of floodlights, adequate screening, and the control of undue noise including the amplification of sound, music or voices.

(c)        No special permit shall be issued pursuant to this Section unless:

(1)        the Board shall have referred the application to the Department of Investigation for a background check of the owner, operator and all principals having an interest in any application filed under a partnership or corporate name and shall have received a report from the Department of Investigation which the Board shall determine to be satisfactory; and

(2)        the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.

The Board shall retain the right to revoke the special permit, at any time, if it determines that the nature or manner of operation of the permitted use has been altered from that authorized.

The Board may prescribe appropriate conditions and safeguards including location of signs and limitations on the manner and/or hours of operation in order to minimize adverse effects on the character of the surrounding community.

Subject to the general findings required by Section 73-03 and in accordance with the provisions contained in Sections 73-42 to 73-53, the Board of Standards and Appeals shall have the power to permit modification of use or parking regulations of this Resolution, and shall have the power to impose appropriate conditions and safeguards thereon.

In all districts, the Board of Standards and Appeals may permit the expansion of a conforming use located within a building or other structure into a district where such use is not permitted, provided that the enlarged use is contained within a single block and the expansion of either the depth or the width of the conforming use is no greater than 50 percent of either the depth or width, respectively, of that portion of the zoning lot located in the district where such use is a conforming use, but in no case shall the area of the expansion exceed 50 percent of the area of the zoning lot located in the district where such use is a conforming use, and provided further that the following findings are made:

(a)        there is no reasonable possibility of expanding such use within the existing district where it is a conforming use;

(b)        such conforming use was in existence prior to January 6, 1965, or the date of any applicable subsequent amendment to the zoning maps; and

(c)        such expanded use is not so situated or of such character or size as to impair the essential character or the future use or development of the surrounding area.

In the case of a use which, at the time of application to the Board under the provisions of this Section, is already partially located in the more restricted district, where it is a non-conforming use, or which has extended into such district in accordance with the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot), the maximum expansion to be permitted under the provisions of this Section shall be computed as 50 percent of the width or depth of that portion of the zoning lot located within the mapped boundary of the district where such use is a conforming use, and shall be measured from such mapped district boundary.

In every case where the Board permits such expansion, the building or other structure, or portion thereof, situated on the expanded portion of the zoning lot shall comply on such expanded portion with the applicable bulk regulations of the district in which such use is a conforming use and, subject to such compliance on the expanded portion of the zoning lot, the Board may permit such conforming use, even when located in an existing building or other structure which is non-complying, to expand across the district boundary in accordance with the provisions of this Section.

All the applicable regulations of the district in which such use is a conforming use shall apply on the entire zoning lot, or any portion thereof, to be occupied by such use and any special regulation applying along district boundaries shall apply along rear and side lot lines of the expanded zoning lot.

Where yard regulations are applicable, the Board may permit the expanded area to include, in addition to area permitted under other provisions of this Section, such area as is necessary for the required yards. However, such additional area shall not be counted as lot area for purposes of bulk computations.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the district including requirements for adequate screening.

The Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required under the provisions of Sections 25-31, 36-21 or 44-21 (General Provisions), in accordance with the applicable provisions of Sections 73-431 through 73-435 for the reduction of parking spaces.

In all districts, the Board of Standards and Appeals may permit a waiver of, or a reduction in, the number of required accessory off-street parking spaces for houses of worship, provided:

(a)        the house of worship will be operated or utilized in such a manner as to reduce demand for on-site parking; and

(b)        such reduction is commensurate with the reduced demand for on-site parking.

Factors to be considered by the Board may include, without limitation, the size of the congregation, the frequency and time of worship services and other events, and the proximity of public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Commercial and Manufacturing Districts, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required under the provisions of Sections 25-31, 36-21 or 44-21 (General Provisions) for uses in parking requirement category D (Places of Assembly) whenever such uses are located on the same zoning lot as other uses, proportionate to the extent that the Board finds:

(a)        that the spaces accessory to such other uses will remain available for use by persons visiting the place of assembly during the entire period that such place of assembly remains in use; and

(b)        that, in accordance with submitted schedules of the times of operation for all uses on the zoning lot, there will be no conflict in the use of such accessory off-street parking spaces, and that the provision of the full quota of required off-street parking spaces for places of assembly is therefore not needed. The permit to reduce such spaces shall be automatically revoked whenever there is a change in the nature of the conditions upon which such reduced requirements were based, including changes in use, availability of spaces or hours of operation.

For zoning lots within the Transit Zone with buildings containing income-restricted housing units in receipt of a certificate of occupancy prior to March 22, 2016, the Board of Standards and Appeals may permit a waiver of, or a reduction in, the number of accessory off-street parking spaces required for such income-restricted housing units prior to March 22, 2016, provided that the Board finds that such waiver or reduction will:

(a)        facilitate an improved site plan;

(b)        facilitate the creation or preservation of affordable housing, where a development includes new residential floor area on the zoning lot;

(c)        not cause traffic congestion; and

(d)        not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

Factors to be considered by the Board may include, without limitation, the use of the existing parking spaces by residents of the zoning lot, the availability of parking in the surrounding area and the proximity of public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For zoning lots outside the Transit Zone with buildings containing affordable independent residences for seniors in receipt of a certificate of occupancy prior to March 22, 2016, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required for such affordable independent residences for seniors prior to March 22, 2016, provided that the Board finds that:

(a)        such reduction will facilitate an improved site plan;

(b)        any new dwelling units created on the portion of the zoning lot previously occupied by such parking spaces will be income-restricted housing units;

(c)        such reduction will not cause traffic congestion; and

(d)        such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

Any permitted reduction shall be in compliance with the parking requirement for affordable independent residences for seniors developed after March 22, 2016, as set forth in Section 25-252.

Factors to be considered by the Board may include, without limitation, the use of the existing parking spaces by residents of the zoning lot, the availability of parking in the surrounding area and the proximity to public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all districts in the Transit Zone, the Board of Standards and Appeals may permit a waiver of, or reduction in, the number of required accessory off-street parking spaces required for government-assisted dwelling units subject to restrictions on rents in developments or enlargements, provided that the conditions and findings set forth in this Section are met.

As a condition for such waiver or reduction, at least 20 percent of all dwelling units in such development or enlarged building shall be income-restricted housing units, and an additional 30 percent of all dwelling units in such development or enlarged building shall be subject to a legally binding restriction limiting rents as prescribed by a City, State, or Federal agency, law, regulation, or regulatory agreement, for a period of not less than 30 years.

In order to grant such permit, the Board shall find that such waiver or reduction will:

(a)        facilitate such development or enlargement;

(b)        not cause traffic congestion; and

(c)        not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In the districts indicated, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required by the provisions of Section 36-21 or 44-21 (General Provisions) for ambulatory diagnostic or treatment facilities listed in Use Group 4 and uses in parking requirement category B1 in Use Group 6, 7, 8, 9, 10, 11, 14 or 16 to the applicable number of spaces specified in the table set forth at the end of this Section, provided that the Board finds that occupancy by ambulatory diagnostic or treatment facilities listed in Use Group 4 or uses in parking category B1 is contemplated in good faith on the basis of evidence submitted by the applicant. In such a case the Board shall require that the certificate of occupancy issued for the building within which such use is located shall state that no certificate shall thereafter be issued if the use is changed to a use listed in parking category B unless additional accessory off-street parking spaces sufficient to meet such requirements are provided on the site or within the permitted off-site radius.

REDUCED ACCESSORY OFF-STREET PARKING SPACES REQUIRED FOR AMBULATORY DIAGNOSTIC OR TREATMENT FACILITIES LISTED IN USE GROUP 4 AND COMMERCIAL USES IN PARKING REQUIREMENT CATEGORY B1

Parking Spaces Required per Number of Square Feet of Floor Area *

Districts

1 per 400

C1-1 C2-1 C3 C4-1

1 per 600

C1-2 C2-2 C4-2 C8-1

M1-1 M1-2 M1-3

M2-1 M2-2 M3-1

1 per 800

C1-3 C2-3 C4-3 C7 C8-2

*        For ambulatory diagnostic or treatment facilities listed in Use Group 4, parking spaces required per number of square feet of floor area or cellar space, except cellar space used for storage

In all districts, the Board of Standards and Appeals may modify the provisions regulating the location of accessory off-street parking spaces provided off the site, in accordance with the provisions of this Section which are applicable in the specified district. However, in no event shall accessory off-street parking spaces be permitted off-site in a public parking garage.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply.

In all cases, the Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit off-site spaces accessory to residences or to non-profit hospital staff dwellings to be located in any district except an R1 or R2 District, or at a greater distance from the zoning lot than the maximum distance specified in the applicable district regulations, provided that the following special findings are made:

(a)        that the required accessory on-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions;

(b)        that within the maximum permitted radius for off-site parking or within a district other than a Residence District, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements;

(c)        that where such spaces are located at a greater distance from the zoning lot than the maximum distance permitted by the district regulations, such distance is not greater than as shown in the following table for the specified districts; and

Maximum Distance (in feet)

Districts

1,200

R3 R4 R5 R6 R7-1 R7B

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3

1,500

R7-2 R7A R7X R8 R9 R10

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8

C4-4 C4-5 C4-6 C4-7 C5 C6

(d)        that where such off-site spaces are located in a Residence District, they are so located as not to impair the essential character or the future use or development of the nearby residential neighborhood.

The Board of Standards and Appeals may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in an R1, R2, R3 or R4 District, to be provided off-site and located in any district, or may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in any other Residence District, to be provided off-site and located in an R1, R2, R3 or R4 District or located in any other Residence District at a greater distance from the zoning lot than the maximum distance specified in Section 25-53 (Off-site Spaces for Permitted Non-residential Uses), provided that in such instances, all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such use, and provided further that the following special findings are made:

(a)        that where such spaces are located in an R1 or R2 District, the community facility use to which they are accessory is a use permitted as-of-right in such district;

(b)        that there is no way to arrange such spaces on the same zoning lot as such use;

(c)        that such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage; and

(d)        either that such spaces are located on an adjoining zoning lot or a zoning lot directly across the street from such use or, if such spaces are not so located, that there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces on an adjoining zoning lot or a zoning lot directly across the street from such use or in a location where such off-site spaces would be permitted as-of-right, because such sites are occupied by substantial improvements.

For non-residential uses, other than non-profit hospital staff dwellings, the Board of Standards and Appeals may extend the maximum permitted radius for off-site parking spaces located in Commercial or Manufacturing Districts, as specified in Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 44-32 (Off-site Spaces for All Permitted Uses), from 600 to 1,200 feet, whenever the Board finds:

(a)        that the required accessory off-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions; and

(b)        that, within 600 feet of a boundary of the zoning lot, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements.

The Board of Standards and Appeals may modify, as applicable, the provisions of Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 25-542 (Shared parking facilities for houses of worship), 36-43 (Off-site Spaces for Commercial or Community Facility Uses), 36-442 (Shared parking facilities for houses of worship), 44-32 (Off-site Spaces for All Permitted Uses) or 44-332 (Shared facilities for houses of worship), relating to the maximum permitted distance of the location of accessory off-street parking spaces for houses of worship, provided that in such instances all such spaces shall be not further than 1,000 feet from the nearest boundary of the zoning lot containing such house of worship, upon finding that:

(a)        such spaces conform to all applicable regulations of the district in which they are located; and

(b)        the location of such spaces will not result in undue traffic congestion in the area.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In R6 or R7-1 Districts, in C1 or C2 Districts mapped within R6 or R7-1 Districts, or in C4-2 or C4-3 Districts, where the number of accessory off-street parking spaces required for additional dwelling units created by conversions of any kind exceeds the number of spaces which may be waived as of right under the provisions of Sections 25-262 (For conversions), 36-363 (For conversions in C1 or C2 Districts governed by surrounding Residence District bulk regulations) or 36-364 (For conversions in C4 Districts), the Board of Standards and Appeals may waive all or part of the required spaces, provided that the Board finds that there is neither a practical possibility of providing such spaces:

(a)        on the same zoning lot because of insufficient open space and the prohibitive cost of structural changes necessary to provide the required spaces within the building; nor

(b)        on a site located within 1,200 feet of the nearest boundary of the zoning lot because all sites within such radius are occupied by substantial improvements.

In C1 or C5 Districts, for a term not to exceed five years, the Board of Standards and Appeals may permit off-street parking spaces accessory to residences or non-profit hospital staff dwellings to be rented for periods of less than one week, to persons who are not occupants of such residences or non-profit hospital staff dwellings, provided that such rental of spaces conforms to the provisions set forth in Section 36-46 (Restrictions on Use of Accessory Off-street Parking Spaces) and that the following special findings are made:

(a)        that the number of spaces to be rented or the location of access, thereto, is such as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontages;

(b)        that the total number of spaces to be rented to non-residents does not exceed 100; and

(c)        that where the total number of spaces to be rented to non-residents exceeds 20, reservoir space is provided at the vehicular entrance to accommodate 10 automobiles or 20 percent of the spaces so rented, whichever amount is less.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for the shielding of floodlights.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply.

The Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces in Commercial or Manufacturing Districts or for hospital and related facilities in Residence Districts in accordance with the provisions of this Section provided that such provisions shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 36-57 or 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply.

The Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces for hospitals and related facilities in all Residence Districts, provided that the following findings are made:

(a)        that such facility is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas;

(b)        that such facility has adequate reservoir space at the vehicular entrance to accommodate either 10 automobiles or five percent of the total parking spaces provided by the facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 20 automobiles; and

(c)        that the streets providing access to such use will be adequate to handle the traffic generated thereby.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for locations of entrances and exits or for shielding of floodlights.

The Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces in Commercial or Manufacturing Districts, provided either that such facilities have separate entrances and exits on two or more streets or that the following findings are made:

(a)        that such facility, if accessory to a non-residential use, other than a non-profit hospital staff dwelling, has adequate reservoir space at the vehicular entrance to accommodate either 10 automobiles or five percent of the total parking spaces provided by the facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles; and

(b)        that the streets providing access to such use will be adequate to handle the traffic generated thereby.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for locations of entrances or for shielding of floodlights.

In C2-1, C2-2, C2-3, C2-4, C4-1, C4-2, C4-3, C4-4, C7, C8-1, C8-2, C8-3, M1-1, M1-2, M1-3, M2-1, M2-2 or M3-1 Districts, the Board of Standards and Appeals may permit the parking or storage of motor vehicles on the roof of a public parking garage with a total of 150 spaces or less and, in all districts, the Board may permit modifications of the applicable provisions of Sections 25-11, 36-11 or 44-11 (General Provisions) so as to permit accessory off-street parking spaces to be located on the roof of a building. As a condition of permitting such roof parking, the Board shall find that the roof parking is so located as not to impair the essential character or the future use or development of adjacent areas.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for setback of roof parking areas from lot lines, or for shielding of floodlights.

In appropriate cases, for zoning lots with single frontage, the Board of Standards and Appeals may permit primary business entrances, show windows, or signs not otherwise permitted under the provisions of Section 32-51 or 42-44 (Limitations on Business Entrances, Show Windows or Signs), provided that in no case shall any such primary business entrance, show window or sign be permitted within 10 feet of a Residence District boundary.

In addition, in appropriate cases, the Board may waive the requirements for rear yards or side yards set forth in Sections 33-29 or 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) or the requirements for front yards as set forth in Section 34-233 (Special provisions applying along district boundaries).

It is further provided that, in appropriate cases, the Board may waive in whole or in part the front yard requirement set forth in Section 43-304 (Required front yards along district boundary located in a street) after finding that such waiver will not have an adverse effect on the surrounding area. The Board shall prescribe appropriate conditions and safeguards to preserve and enhance the character of the surrounding area, and to ensure the maintenance of resulting front yards.

In C1, C2, C3, C4, C5, C6 or C7 Districts, the Board of Standards and Appeals may permit public utility radio or television facilities which do not comply with the applicable provisions of Section 32-42 (Location Within Buildings) to be located on the top story or the roof of a building and may prescribe appropriate conditions and safeguards to minimize adverse effects on uses occupying lower stories or on the character of the surrounding area.

In addition, the Board may permit public utility antennas, microwave platforms and dishes or other radio or television equipment to penetrate the maximum height limit or the sky exposure plane set forth in Section 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks) provided that such equipment shall not exceed 20 feet in height.

Whenever a zoning lot existing in single ownership on December 15, 1961, or on the effective date of any applicable subsequent amendment to the zoning maps is divided by a boundary between two or more districts in which different uses are permitted, the Board of Standards and Appeals may permit a use which is a permitted use in the district in which more than 50 percent of the lot area of the zoning lot is located to extend not more than 25 feet into the remaining portion of the zoning lot, where such use is not a permitted use, provided that the following findings are made:

(a)        that, without any such extension, it would not be economically feasible to use or develop the remaining portion of the zoning lot for a permitted use; and

(b)        that such extension will not cause impairment of the essential character or the future use or development of the surrounding area.

Where such an extension of a use is permitted, the Board may permit the bulk, off-street parking and loading, and all other regulations of the district in which more than 50 percent of the lot area of the zoning lot is located, to apply for the distance, not exceeding 25 feet, that such use is permitted to extend into the remaining portion of the zoning lot.

Any portion of the zoning lot beyond such distance shall be subject to all the regulations of the district in which it is located, and shall not be counted as lot area for a building or other structure, or portion thereof, used for such extended use.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effect on the character of the surrounding area.

(a)        In all districts, the Board of Standards and Appeals may modify use and bulk regulations to permit the enlargement or extension of floor area of a conforming or non-conforming use listed in Section 15-60 (REFERENCED COMMERCIAL AND MANUFACTURING USES), provided that:

(1)        such use is not subject to termination pursuant to Section 52-70, et seq.;

(2)        the use for which such special permit is being sought has been lawfully located on the zoning lot on which the expansion is to occur, or a portion thereof, for five years or more;

(3)        the building in which such use is located has not previously been enlarged, pursuant to Sections 11-412, 43-121 or 72-21;

(4)        the use is not listed in Use Group 18; and

(5)        in a Residence District, such enlargement or extension shall be permitted in existing floor area or on a vacant portion of a zoning lot only when no lawful residential use has occupied such floor area or vacant portion of a zoning lot at any time during the five years prior to the date of application for such special permit.

(b)        Any enlargement or extension permitted pursuant to this Section shall be subject to the following requirements:

(1)        the permitted enlargement or extension may be the greater of:

(i)        45 percent of the floor area occupied by such use on December 17, 1987; or

(ii)        2,500 square feet additional to the floor area occupied by such use on December 17, 1987.

In no event shall the amount of enlargement or extension under paragraph (b)(i) of this Section exceed 10,000 square feet additional to the floor area occupied by such use on December 17, 1987;

(2)        unless the zoning lot is located within an M2 or M3 District, more than 300 feet from a Residence District boundary, any enlarged or extended portion, or activity generated by such enlargement or extension, including storage and processing, shall be in completely enclosed buildings;

(3)        in the case of a non-conforming use, such enlarged or extended use shall conform to all performance standards applicable in an M1 District located at the boundary with a Residence District; however, conforming uses shall conform to the applicable performance standards of the district in which they are located;

(4)        no open uses of any kind, including storage or processing, shall be permitted within 30 feet of a rear lot line that is located within a Residence District or within 30 feet of the rear lot line that coincides with a rear lot line of a zoning lot in a Residence District;

(5)        no enlargement or extension that exceeds 16 feet above curb level shall be permitted within 30 feet of the rear lot line that coincides with a rear lot line of a zoning lot in a Residence District;

(6)        no enlargement or extension that exceeds 16 feet above curb level shall be permitted within eight feet of the side lot line that coincides with a rear lot line of a zoning lot in a Residence District;

(7)        no open uses of any kind, including storage or processing, shall be permitted within eight feet of the side lot line that coincides with a rear lot line of a zoning lot in a Residence District;

(8)        no enlargement or extension, or open uses of any kind, including storage or processing, shall be permitted within eight feet of the lot line which coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District; and

(9)        no side yard shall be required in an R6, R7, R8, R9 or R10 District or in a Commercial or Manufacturing District; however, if such side yard is provided, it must be at least eight feet in width.

(c)        In granting such special permit, the Board shall find:

(1)        that such enlargement or extension will not generate significant increases in vehicular or pedestrian traffic nor cause congestion in the surrounding area;

(2)        that there will be adequate parking for any vehicles generated by such enlargement or extension;

(3)        that any required side yard shall be suitably landscaped or fenced as the Board shall prescribe;

(4)        that any accessory parking or loading generated by such enlargement or extension shall be suitably buffered from adjacent uses by methods that the Board shall prescribe; and

(5)        that the special permit, if granted, will not alter the essential character of the neighborhood or district in which the use is located, nor impair the future use or development of the surrounding area.

The Board may prescribe appropriate conditions and safeguards including, if appropriate, limitations on hours of parking and delivery, requirements for off-street loading, and location of curb cuts to minimize adverse effects of the enlargement, extension or existing uses on the character of the surrounding area, and to protect residential or commercial zoning lots#.

Subject to the general findings required by Section 73-03 and in accordance with the provisions contained in Sections 73-62 to 73-68 inclusive, the Board of Standards and Appeals shall have the power to permit modification of the bulk regulations of this Resolution, and shall have the power to impose appropriate conditions and safeguards thereon.

In the Special Midtown District, the powers of the Board to permit modification of the bulk regulations are made inapplicable in accordance with the provisions of Section 81-061 (Applicability of Chapter 3 of Article VII).

For a complying or non-complying building existing on December 15, 1961, or in R2X, R3, R4 or R5 Districts on June 30, 1989, and containing residential uses, the Board of Standards and Appeals may permit an enlargement, a change of use or (in the case of a mixed building) an extension, provided that such enlargement, change of use or extension shall not create any new non-compliance or increase the amount or degree of any existing non-compliance except as provided in this Section.

In the districts and for the buildings for which an open space ratio is required, the open space ratio permitted under this Section shall not be less than 90 percent of the open space ratio required under the applicable bulk regulations set forth in Article II or III of this Resolution. In the districts and for the buildings to which a maximum lot coverage applies, the maximum lot coverage permitted under this Section shall not exceed 110 percent of the maximum lot coverage permitted under the applicable bulk regulations set forth in Article II or III of this Resolution. In all districts, the floor area ratio permitted under this Section shall not exceed the floor area ratio permitted under such regulations by more than 10 percent. In R2X, R3 or R4 Districts, the additional floor area permitted pursuant to this Section may be computed using a base floor area ratio including the floor area permitted under a sloping roof with a structural headroom between five and eight feet when such space is provided in the building.

The Board of Standards and Appeals may permit an enlargement of an existing single- or two-family detached or semi-detached residence within the following areas:

(a)        Community Districts 11 and 15, in the Borough of Brooklyn;

(b)        R2 Districts within the area bounded by Avenue I, Nostrand Avenue, Kings Highway, Avenue O and Ocean Avenue, Community District 14, in the Borough of Brooklyn; and

(c)        within Community District 10 in the Borough of Brooklyn, after October 27, 2016, only the following applications, Board of Standards and Appeals Calendar numbers 2016-4218-BZ, 234-15-BZ and 2016-4163-BZ, may be granted a special permit pursuant to this Section. In addition, the provisions of Section 73-70 (LAPSE OF PERMIT) and paragraph (f) of Section 73-03 (General Findings Required for All Special Permit Uses and Modifications), shall not apply to such applications and such special permit shall automatically lapse and shall not be renewed if substantial construction, in compliance with the approved plans for which the special permit was granted, has not been completed within two years from the effective date of issuance of such special permit.

Such enlargement may create a new non-compliance, or increase the amount or degree of any existing non-compliance, with the applicable bulk regulations for lot coverage, open space, floor area, side yard, rear yard or perimeter wall height regulations, provided that:        

(1)        any enlargement within a side yard shall be limited to an enlargement within an existing non-complying side yard and such enlargement shall not result in a decrease in the existing minimum width of open area between the building that is being enlarged and the side lot line;

(2)        any enlargement that is located in a rear yard is not located within 20 feet of the rear lot line; and

(3)        any enlargement resulting in a non-complying perimeter wall height shall only be permitted in R2X, R3, R4, R4A and R4-1 Districts, and only where the enlarged building is adjacent to a single- or two-family detached or semi-detached residence with an existing non-complying perimeter wall facing the street. The increased height of the perimeter wall of the enlarged building shall be equal to or less than the height of the adjacent building's non-complying perimeter wall facing the street, measured at the lowest point before a setback or pitched roof begins. Above such height, the setback regulations of Section 23-631, paragraph (b), shall continue to apply.

The Board shall find that the enlarged building will not alter the essential character of the neighborhood or district in which the building is located, nor impair the future use or development of the surrounding area. The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For developments or enlargements of Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the Board of Standards and Appeals may modify the underlying bulk regulations, other than floor area ratio, provided that in no event shall such building height or the number of stories therein exceed those set forth in paragraph (b) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), and provided that the Board finds that:

(a)        there are physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or topographical features that create practical difficulties in complying with the bulk regulations for Quality Housing buildings and would adversely affect the building configuration or site plan;

(b)        the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;

(c)        the proposed modifications will not unduly obstruct access of light and air to adjoining properties or streets;

(d)        the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and

(e)        the requested modification is the least amount necessary to relieve such practical difficulties.

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

For a development, enlargement or conversion subject to the provisions of paragraph (d)(3), inclusive, of Section 23-154 (Inclusionary Housing), the Board of Standards and Appeals may, upon determining that a hardship that is specifically created by the requirements of such Section exists, modify the income levels specified for qualifying households, reduce the amount of affordable floor area required or reduce the amount of a payment into the affordable housing fund, provided the Board finds that:

(a)        the applicant has applied for any appropriate relief for which such development, enlargement or conversion is eligible for any financial hardship or practical difficulty not specifically created by the requirements of Section 23-154, paragraphs (d)(3)(i) through (d)(3)(v) and (d)(5);

(b)        such requirements for affordable housing or a contribution to an affordable housing fund create an unnecessary hardship, with no reasonable possibility that a development, enlargement or conversion on the zoning lot in strict compliance with the provisions of Section 23-154, paragraphs (d)(3)(i) through (d)(3)(v) and (d)(5), and Section 23-90 (INCLUSIONARY HOUSING), inclusive, will bring a reasonable return, and that a modification or reduction of these requirements is therefore necessary to enable the owner to realize a reasonable return from such zoning lot; and

(c)        the unnecessary hardship claimed as a basis for such modification or reduction has not been created by the owner or by a predecessor in title.

In determining whether a hardship exists, the Board shall consider whether alternative permitted uses, or alternative forms of housing tenure would bring a reasonable return from the zoning lot.

The Board may modify affordable housing requirements set forth in Section 23-154, paragraphs (d)(3)(i) through (d)(3)(iv) and (d)(5), to permit appropriate relief as follows.

First, the Board shall determine whether compliance with the requirements of Option 1, Option 2 or the Deep Affordability Option, as set forth in Section 23-154, paragraphs (d)(3)(i), (d)(3)(ii) and (d)(3)(iii), respectively, where not otherwise permitted, provides sufficient relief.

If the Board does not so find, the Board shall next determine whether compliance with the requirements of the Workforce Option, as set forth in Section 23-154, paragraph (d)(3)(iv), where not otherwise permitted, provides sufficient relief.

If the Board does not so find, the Board, in consultation with the Department of Housing Preservation and Development, shall determine a modification or reduction of the requirements of Section 23-154, paragraph (d)(3)(i) through (d)(3)(iv) and (d)(5), that represents the minimum necessary modification or reduction to afford relief.

In addition, the Board, in consultation with the Department of Housing Preservation and Development, may permit a modification or reduction of the requirements of Section 23-154, paragraph (d)(3)(v) that represents the minimum necessary modification or reduction to afford relief.

A copy of each application to the Board for a special permit under the provisions of this Section shall be provided by the applicant to the Department of Housing Preservation and Development concurrently with its submission to the Board.  Before the Board issues a final determination on any application made pursuant to this Section, HPD shall submit comment or appear before the Board regarding such application.

A special permit pursuant to this Section shall lapse after a term of four years, pursuant to Section 73-70 (LAPSE OF PERMIT). When considering an application for renewal of a special permit pursuant to paragraph (f) of Section 73-03 (General Findings Required for All Special Permit Uses and Modifications), the Board shall consult with HPD in determining whether the circumstances warranting the original grant of such permit still obtain, and may renew, modify, or deny the application for renewal, as appropriate.

The Board may prescribe such conditions and safeguards as it deems necessary to minimize adverse effects upon the surrounding area and the community at large.

For a complying or non-complying non-residential building existing on December 15, 1961, the Board of Standards and Appeals may permit an enlargement, provided that such enlargement shall not create any new non-compliance or increase the amount or degree of any existing non-compliance except as provided in this Section.

In all districts, the floor area ratio permitted under this Section shall not exceed the floor area ratio permitted under the applicable bulk regulations set forth in Article II, III or IV of this Resolution by more than 10 percent, or 10,000 square feet, whichever is less.

On a zoning lot occupied by any of the community facility uses specified in this Section, and in all districts where such uses are permitted as-of-right or by special permit, the Board of Standards and Appeals may permit developments or enlargements for such uses, which do not comply with certain applicable district bulk regulations, in accordance with the provisions of this Section.

Such specified community facility uses are:

College or school student dormitories or fraternity and sorority student houses

Colleges or universities, including professional schools, but excluding business colleges or trade schools

Community centers

Houses of worship, rectories, parish houses or seminaries

Libraries, museums or non-commercial art galleries

Monasteries, convents or novitiates

Non-profit hospital staff dwellings

Non-profit or voluntary hospitals and related facilities

Philanthropic or non-profit institutions with or without sleeping accommodations, excluding ambulatory diagnostic or treatment health care facilities listed in Use Group 4

Schools.

For any such new building or enlargement, subject to the required findings set forth in this Section, the Board of Standards and Appeals may permit modifications of the applicable regulations in Sections 24-38, 33-28 or 43-28 (Special Provisions for Through Lots), or in Sections 24-50 through 24-55, inclusive, paragraphs (b) through (d) of Section 24-56, Sections 33-40 through 33-45, inclusive, or Sections 43-41 through 43-45, inclusive, relating to Height and Setback Regulations, or in Sections 24-61 through 24-65, inclusive, Section 33-51, or Section 43-51, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, provided that on December 15, 1961, the applicant owned the zoning lot or any portion thereof, and continuously occupied and used one or more buildings located thereon for a specified community facility use, from December 15, 1961, until the time of application. However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Sections 24-50 and 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

As a condition of granting such modification, the Board shall find:

(a)        that such modification is required in order to enable such use to provide an essential service to the community;

(b)        that without such modification there is no way to design and construct the new buildings or enlargements in satisfactory physical relationships to the existing buildings which are to remain upon the site, so as to produce an integrated development; and

(c)        that such modification is the minimum modification necessary to permit the development of such integrated community facility, and thereby creates the least detriment to the character of the neighborhood and the use of nearby zoning lots.

In any district where such a specified community facility use is permitted, and on any zoning lot where one or more buildings occupied by such use exist on the date of application for the special permit, the Board of Standards and Appeals may permit development or enlargements which, only because of the continued existence of such buildings on a temporary basis, fail to comply with one or more of the applicable district bulk regulations, provided that the Board finds that continued use of the existing buildings is essential as a service to the community until the new construction makes it possible to replace the facilities contained therein.

The Board shall prescribe as a condition of such permit that such existing buildings will be removed within a stated period of time not to exceed two years after completion of the development or enlargement.

In any such development or enlargement consisting of a community center serving primarily the residents of the zoning lot, the Board of Standards and Appeals may permit the density regulations set forth in Sections 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACUILITY USES) or 35-40 (APPLICABILITY OF DENSITY REGULATIONS) to be modified, provided that the total number of dwelling units permitted by these Sections and all other applicable bulk regulations set forth in Articles II and III of this Resolution shall not be increased by more than 10 percent.

The Board of Standards and Appeals may permit an enlargement which does not comply with the applicable district bulk regulations for any building or other structure existing on December 15, 1961, within which any one of the following public utilities is located:

Electric or gas utility substations

Telephone exchanges or other communications equipment structures

Water or sewage pumping stations;

provided that the following findings are made:

(a)        that the growth of the utility service demand in the area served by the building or other structure requires such enlargement to house the additional facilities needed to fulfill the demand;

(b)        that the network of lines, pipes or other distribution facilities located below the surface of the streets is so integrated with the operations carried on within such building that the provision of such additional facilities at another location would cause substantial duplication of plant and facilities and inconvenience to the public; and

(c)        that non-compliance, if any, with the applicable yard or height and setback regulations is the minimum made necessary by essential engineering requirements.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area and shall require that the certificate of occupancy shall be limited to such use.

The Board of Standards and Appeals may permit the construction, enlargement, or reconstruction of a building or other structure in excess of the height limits established under Sections 61-21 (Restriction on Highest Projection of Building or Structure) or 61-22 (Permitted Projection Within any Flight Obstruction Area), provided that the applicant submits a site plan, with elevations, showing the proposed building or other structure in relation to such maximum height limits, and that the Board finds that such proposed building or other structure, enlargement, or reconstruction would not constitute a hazard (either under the existing layout of the airport or under any planned reorientation or lengthening of the airport runways) to the safety of the occupants of such proposed building, to other buildings in the vicinity or to the safety of air passengers, and would not disrupt established airways.

The Board shall refer the application to the Federal Aviation Administration for a report as to whether such construction will constitute a danger to the safety of air passengers or disrupt established airways.

In C2-1, C2-2, C2-3, C2-4, C4-1, C4-2, C4-3, C4-4, C4-5D, C7, C8-1, C8-2, C8-3, M1-1, M1-2, M1-3, M2-1, M2-2 or M3-1 Districts, for public parking garages with a total of 150 spaces or less, the Board of Standards and Appeals may permit floor space on one or more stories to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS), provided that all floor space so exempted is located not more than 23 feet above curb level and provided that the following findings are made:

(a)        that the additional floor space permitted is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and

(b)        that the hazards or disadvantages to the community at large resulting from the additional floor space permitted are outweighed by the advantages to be derived by the community therefrom under the conditions and safeguards imposed.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C5-5, C6-8 and C6-9 Districts, the Board of Standards and Appeals may permit modifications of the applicable regulations in Sections 33-26 to 33-30, inclusive, relating to Rear Yard Regulations, or in Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations.

The Board may grant such modifications upon consideration that the applicable height and setback or rear yard regulations cannot be complied with by some method feasible for the applicant to pursue because of size or irregular shape of the lot, size or irregular shape of the block, and width of streets. The Board shall also consider the characteristics of surrounding development.

The Board shall require, where appropriate, sufficient safeguards to ensure the free flow of pedestrian and vehicular traffic in the general area. The Board may prescribe additional appropriate conditions and safeguards to enhance the character of the surrounding area.

The Board of Standards and Appeals may permit modifications to the rear yards required pursuant to Sections 23-543, 24-393, 33-303 or 43-313 (For zoning lots with multiple rear lot lines) for zoning lots existing on April 30, 2008, provided the following findings are made:

(a)        that due to the irregular shape of the zoning lot, compliance with the rear yard regulations would create site planning constraints and adversely affect the layout and development of the site; and

(b)        that the requested reduction in rear yard depth is the least amount necessary to grant relief.

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

A special permit for a specified use or for a modification of the use or bulk regulations granted under the provisions of this Resolution shall automatically lapse if substantial construction, in accordance with the plans for which such permit was granted, has not been completed within four years from the date of granting such permit by the Board of Standards and Appeals or, if judicial proceedings have been instituted to review the Board's decision, the four-year lapse period shall commence upon the date of entry of the final order in such proceedings, including appeals.

In harmony with the general purpose and intent of this Resolution and in accordance with the provisions set forth in this Chapter, the City Planning Commission may, after public notice and hearing, grant special permits in specific districts for the uses listed in this Chapter, whose location or control requires special consideration or major planning factors, or for specified modifications of the use or bulk regulations of this Resolution, provided that in each specific case the requirement for findings as set forth in this Chapter shall constitute a condition precedent to the grant of such special permit.

In addition to meeting the requirements, conditions, and safeguards prescribed by the Commission as set forth in this Chapter, each such special permit use or building or other structure permitted hereunder shall conform to and comply with all of the applicable regulations on use, bulk, supplementary use regulations, regulations applying along district boundaries, accessory signs, accessory off-street parking and off-street loading, and all other applicable provisions of this Resolution except as otherwise specifically provided in this Chapter.

In addition, the Commission, with the concurrence of the Board of Estimate, shall also have the power to permit the renewal of an exception or permit issued prior to December 15, 1961, in accordance with the provisions of Section 11-41 relating to Exceptions, Variances or Permits Previously Authorized.

In all Special Purpose Districts, the provisions of 23-934 (Special permit approval in Special Purpose Districts), with respect to special permits that modify use or bulk, shall apply. In the Special Midtown District, the powers of the Commission to permit special permit uses are modified by the provisions of Section 81-13 (Special Permit Use Modifications), and the powers of the Commission to permit modification of the bulk regulations or grant bonus floor area for certain amenities are made inapplicable or modified in accordance with the provisions of Section 81-062 (Applicability of Chapter 4 of Article VII).

In the waterfront area, the powers of the Commission to grant special permits are made inapplicable or modified in accordance with the provisions of Section 62-132 (Applicability of Article VII, Chapters 4, 8 and 9).

Except as permitted pursuant to this Chapter, in R3, R4 or R5 Districts, the following uses shall be subject to the height and setback requirements of an R2 District:

Fire stations

Police stations

Public transit, railroad or electric utility substations limited to sites of not less than 40,000 square feet and not more than 10 acres

Sewage disposal plants.

It shall be a further requirement that the decision or determination of the City Planning Commission shall set forth each required finding in each specific grant of a special permit use, or modification of the use or bulk regulations, and in each denial thereof which of the required findings has not been satisfied. In any such case, each finding shall be supported by substantial evidence or other data considered by the Commission in reaching its final decision, including the personal knowledge of or inspection by the members of the Commission.

In no case shall a special permit for a proposed sewage treatment plant or pumping station under Section 74-73 of this Chapter be denied without a prior public hearing by the Commission. Such public hearing must be held by the Commission and decision given within six months of the date of filing of the request for such special permit with the Commission.

An application to the City Planning Commission for the grant of a special permit respecting any of the uses specified in this Chapter shall include a site plan showing the location and proposed use of all buildings or other structures on the site, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

The City Planning Commission may prescribe such conditions and safeguards to the grant of special permits as it may deem necessary in the specific case, in order to minimize the adverse effects of such special permit upon other property and the community at large. Such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this Resolution, and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.

The City Planning Commission shall have the power to permit in the districts indicated, the special permit uses set forth in this Chapter and to prescribe appropriate conditions and safeguards thereon, provided that in each specific case:

(a)        The Commission shall make all of the findings required in the applicable sections of this Chapter with respect to each such special permit use, and shall find that the hazards or disadvantages to the community at large through the location of such use at the particular site are outweighed by the advantages to be derived by the community from the grant of such special permit use.

The Commission shall in each case determine that the adverse effects, if any, on the privacy, quiet, light and air in the neighborhood of such use will be minimized by appropriate conditions governing location of the site, design and method of operation.

(b)        In all cases, the Commission shall deny a special permit use whenever such use will interfere with a public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the Board of Estimate or City Planning Commission, as determined from the calendar of each such agency issued prior to the date of the public hearing on the application for a special permit use.

(c)        Where, under the applicable findings, the Commission is required to determine whether the special permit use is appropriately located in relation to the street system, the Commission shall make such determination on the basis of the Master Plan of Arterial Highways and Major Streets. Whenever the Commission is required to make a finding on the location of a proposed special permit use in relation to secondary or local streets and such classification of streets is not shown on the Master Plan, the Commission shall thereupon establish the appropriate classification of such streets.

(d)        All applications relating to Sections 74-41 to 74-70, inclusive, and Section 74-80 shall be referred by the Commission to the Department of Traffic for its report with respect to the anticipated traffic congestion resulting from such special permit use in the proposed location, and when so required in the specific Section, the Commission shall refer the application to a designated agency for a report on the issue in question. If such agency shall report thereon within one month from the date of referral, the Commission shall, in its determination, give due consideration to such report and, further, shall have the power to substantiate the appropriate findings solely on the basis of the report by such agency with respect to the issue referred. If such agency does not report within one month, the Commission may make a final determination without reference thereto.

(e)        The Commission may authorize any special permit use for such term of years as it deems appropriate.

(f)        The Commission may permit the enlargement or extension of any existing use which, if new, would be permitted by special permit in the specified districts under the provisions of Section 74-01 (General Provisions) and other applicable provisions of this Chapter, provided that before granting any such permit for enlargement or extension within the permitted districts, the Commission shall make all of the required findings applicable to the special permit use, except that:

(1)        in the case of public parking garages or public parking lots, the Commission may waive all such applicable required findings set forth in Section 74-51 or 74-52, except that the capacity of any such garage or lot in a C1 District shall not exceed 100 spaces; and

(2)        in the case of electric utility substations or public transit or railroad electric substations, the Commission may waive all such required findings set forth in Section 74-61, except that the requirements with respect to site size shall not be waived.

No such enlargement or extension shall create a new non-compliance or increase the degree of non-compliance with the applicable bulk regulations.

Where a special permit application would allow a significant increase in residential floor area and the special floor area requirements in Mandatory Inclusionary Housing areas of paragraph (d) of Section 23-154 (Inclusionary Housing) are not otherwise applicable, the City Planning Commission, in establishing the appropriate terms and conditions for the granting of such special permit, shall apply such requirements where consistent with the objectives of the Mandatory Inclusionary Housing program as set forth in Section 23-92 (General Provisions). However, where the Commission finds that such special permit application would facilitate significant public infrastructure or public facilities addressing needs that are not created by the proposed development, enlargement or conversion, the Commission may modify the requirements of such paragraph (d).

C4 C6 C7 C8 M1 M2 M3

(a)        The City Planning Commission may permit arenas, auditoriums or stadiums with a capacity in excess of 2,500 seats, or trade expositions with a rated capacity in excess of 2,500 persons, provided that the following findings are made:

(1)        that the principal vehicular access for such use is not located on a local street but is located on an arterial highway, a major street or a secondary street within one-quarter mile of an arterial highway or major street;

(2)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(3)        that such use is not located within 200 feet of a Residence District;

(4)        that adequate reservoir space at the vehicular entrance, and sufficient vehicular entrances and exits, are provided to prevent traffic congestion;

(5)        that vehicular entrances and exits for such use are provided separately and are located not less than 100 feet apart; and

(6)        that due consideration has been given to the proximity of bus and rapid transit facilities to serve such use.

(b)        In Community District 7 in the Borough of the Bronx, the Commission may permit an indoor arena with a maximum seating capacity of 6,000 within 200 feet of a Residence District and, in conjunction with such arena, permit modifications of the provisions of Sections 32-64 (Surface Area and Illumination Provisions), 32-655 (Height of signs in all other Commercial Districts), and 36-62 (Required Accessory Off-street Loading Berths), provided that:

(1)        the provisions of paragraphs (a)(1), (a)(2), (a)(4), (a)(5) and (a)(6) of this Section are met;

(2)        open space surrounding such arena will be located and arranged to provide adequate pedestrian gathering areas to minimize disruption to the surrounding areas;

(3)        the arena includes noise attenuation features and measures which serve to reduce arena-related noise in the surrounding area, including at nearby residences;

(4)        where Sections 32-64 and 32-655 are modified, a signage plan has been submitted showing the location, size, height and illumination of all signs on the zoning lot, and the Commission finds that all such signs, and any illumination from or directed upon such signs, are located and arranged so as to minimize any negative effects from the arena use on nearby residences; and

(5)        where Section 36-62 is modified, a loading plan has been submitted that addresses the operational needs of all servicers of the arena and shows the number, location and arrangement of all loading berths on the zoning lot, and the Commission finds that such loading plan is adequate to address the loading demand generated by the arena use and has received assurances that the arena operator will implement such plan in accordance with its terms.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs, requirements for soundproofing of arenas or auditoriums, shielding of floodlights, screening of open uses or surfacing all access roads or driveways. The Commission may also prescribe requirements for pedestrian-accessible open areas surrounding the arena, auditorium or stadium, including accessory directional or building identification signs located therein. In addition, within Pennsylvania Station Subarea B4 of the Special Hudson Yards District, design changes to existing plazas located within such pedestrian-accessible open areas may be made without a certification by the Chairperson of the Commission pursuant to Section 37-625, and the design standards of Section 37-70, inclusive, shall not apply to such plazas.

In C7 or C8 Districts or any Manufacturing District, the City Planning Commission may permit drive-in theaters, limited to a maximum capacity of 500 automobiles, provided that the following findings are made:

(a)        that the principal vehicular access for such use is not located on a local street or an arterial highway but is located on a major or secondary street within one-quarter mile of an arterial highway;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(c)        that such use is not located within 200 feet of a Residence District;

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

(e)        that vehicular entrances and exits for such use are provided separately and are located not less than 100 feet apart.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for shielding of floodlights, screening or surfacing all access roads or driveways.

In C8 Districts or any Manufacturing District, the City Planning Commission may permit racetracks, provided that the following findings are made:

(a)        that the principal vehicular access for such use is not located on a local street but is located either on an arterial highway, a major street, or a secondary street within one-quarter mile of an arterial highway or major street;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

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

(d)        that vehicular entrances and exits for such use are provided separately and are located not less than 100 feet apart; and

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

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for shielding of floodlights, screening or surfacing all access roads or driveways.

In addition, the Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use, and shall determine the required spaces in accordance with the requirements established in this Resolution with respect to other major traffic generating uses.

In C8 or M1 Districts, the City Planning Commission may permit children's amusement parks with an area of at least 75,000 square feet, but not more than 10 acres, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or the future use or development of the surrounding area;

(b)        that the principal vehicular access for such use is not located on a local street or on an arterial highway, but is located on a major or secondary street within one-quarter mile of an arterial highway or a major street;

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

(d)        that such use is not located within 400 feet of a Residence District; and

(e)        that vehicular entrances and exits for such use are provided separately and are located not less than 50 feet apart.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for shielding of floodlights, screening or surfacing all access roads or driveways.

In all Residence Districts, the City Planning Commission may permit a non-commercial outdoor swimming pool club, or any non-commercial club with an outdoor swimming pool located less than 500 feet from any lot line, provided that the following findings are made:

(a)        that such use is so located as not to impair the essential character or future use or development of the nearby residential neighborhood;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets;

(c)        that such use has adequate reservoir space at the vehicular entrance to prevent the congestion of automobiles on the streets;

(d)        that in R1, R2, R3 or R4 Districts, the pool or any accessory facilities affixed to the land are not located closer than 100 feet or, in the case of an accessory outdoor tennis court, such tennis court shall not be closer than 20 feet, to any side or rear lot line coincident with a side or rear lot line of an adjoining zoning lot in a Residence District, and not located closer than 50 feet to any street line, and that any planned temporary enclosure such as an air-supported structure be indicated on the plans submitted with this application, and in no event shall such a structure be located closer than 50 feet from any street or lot line, if such a structure is planned subsequent to the approval of the special permit, then an amended application subject to the same approvals of this Section shall be submitted; and

(e)        that for every 200 square feet of lot area used for the pool and its accessory facilities, one accessory off-street parking space is provided.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or the hours of operation, or requirements for shielding of floodlights, screening or surfacing of all access roads or driveways.

In C4, C6, C7, C8 Districts and M1 Districts, except in M1-1, M1-5A, M1-5B Districts and M1 Districts with a suffix "D," the City Planning Commission may permit, for a term not to exceed five years, indoor interactive entertainment facilities with eating and drinking, consisting of mechanical, electronic or computer-supported games subject to the following conditions:

(a)        there shall be a minimum of 1,000 square feet of floor area per game. This requirement shall not apply within the Theater Subdistrict of the Special Midtown District;

(b)        the entrance to such use shall be a minimum of 200 feet from the nearest Residence District boundary;

(c)        in C4 and C6 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms;

(d)        parking shall be provided in accordance with the parking regulations for Use Group 12A (Parking Category D); and

(e)        the application is made jointly by the owner of the building and the operators of such indoor interactive entertainment facility.

In addition to the above conditions, the Commission shall find that:

(1)        such use will not impair the character or the future use or development of the surrounding area;

(2)        there is a reasonable plan to prevent the gathering of crowds and the formation of lines on the street;

(3)        such use will not cause undue vehicular or pedestrian congestion in local streets; and

(4)        such use will not cause the sound level in any affected conforming residential use or joint living-work quarters for artists to exceed the limits set forth in any applicable provision of the New York City Noise Control Code.

The Commission shall prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including, but not limited to: location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of mechanical amplification, shielding of flood lights, adequate screening, curb cuts or parking.

In C6 Districts only, the City Planning Commission may permit amusement arcades to be located within department stores of a minimum 150,000 square feet of floor area, railroad terminal buildings other than Grand Central Station, bus terminal buildings or office buildings of a minimum 500,000 square feet of floor area. Such amusement arcades shall not occupy more than one location in one building and shall not occupy more than 4,000 square feet of area and the arcade shall be located at least 500 feet from any Residence District or any C1 or C2 District, or for zoning lots located wholly or partially within the Fulton Mall Subdistrict of the Special Downtown Brooklyn District, such amusement arcade may be separated from any Residence District or any C1 or C2 District by a street that has a width greater than 110 feet and such amusement arcade shall be located below street level. An application for an amusement arcade pursuant to this Section shall contain plans of the location and arrangement of the proposed use and duplicate copies of the application filed with the Department of Consumer Affairs for an arcade license. Such amusement arcades may be permitted for renewable terms, subject to annual certification as to compliance with the conditions of this permit, provided the Commission finds that:

(a)        the application for such special permit is a joint application made by the owner of the building and the operator of the proposed amusement arcade;

(b)        such amusement arcade will not have a deleterious effect on the other uses located within the building and the surrounding area; and

(c)        the use is so located within the building that no entrance nor any sign of the amusement arcade fronts upon or faces a street.

No special permit shall be issued pursuant to this Section unless the Commission has received a report from the Department of Consumer Affairs concerning the applicant, including any prior experience with the said Department and recommendations as to the operation of the arcade so as to protect the consumer.

This permit shall become effective upon the issuance of an appropriate license from the Department of Consumer Affairs, whose requirements concerning the location, number and arrangement of machines, hours of operation and requirements for supervision or security shall be incorporated within the special permit and govern those aspects of the special permit.

The Commission may renew the special permit for subsequent terms provided the Commission finds that the facts upon which the permit was granted have not substantially changed. With respect to any special permit or subsequent renewals under this Section, the provisions of paragraph (d) of Section 74-31 (General Provisions) shall not apply.

The Commission shall retain the right to revoke the special permit, at any time, if it determines that the nature or manner of operation of the permitted use has been altered from that authorized. The Commission and the Department of Consumer Affairs shall notify each other of any permit or license revocation hereunder.

Revocation of a special permit or a Department of Consumer Affairs license shall cause a revocation of the related license or special permit respectively. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C6 Districts, the City Planning Commission may permit a scientific research and development facility containing laboratories for medical, biotechnological, chemical or genetic research, including space for production, storage and distribution of scientific products generated through research and may modify height and setback regulations for the facility. Such facility shall conform to the performance standards applicable to M1 Districts and occupy a zoning lot that either contains a minimum lot area of 40,000 square feet or comprises an entire block. No residential use is to be located anywhere on a zoning lot containing such a facility.

As a condition for granting a special permit, the Commission shall find that the scientific research and development facility:

(a)        will not unduly affect the essential character or impair the future use and development of the surrounding area;

(b)        will be located so as to draw a minimum of vehicular traffic to and through local streets;

(c)        provides fully enclosed storage space for all raw materials, finished products, by-products and waste materials including debris, refuse and garbage; and

(d)        that the modification of such height and setback regulations will not unduly obstruct the access of light and air to adjoining properties or public streets.

To minimize traffic congestion in the area, the Commission shall require the provision of off-street loading berths conforming to the requirements set forth in Section 36-62 (Required Accessory Off-street Loading Berths) for commercial uses.

The Commission may also require the provision of accessory off-street parking facilities to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use. The size and location of such parking and loading facilities shall comply with the applicable provisions of Section 36-00.

All applications for the grant of a special permit pursuant to this Section shall be referred to the Commissioner of Health of the City of New York or its successor for a report and recommendations on matters relating to health, safety and general welfare of the public with regard to the proposed facility. If the report is received within 45 days from the date of referral, the Commission shall, in its determination, give due consideration to the report and its recommendations. If such agency does not report within 45 days, the Commission may make a final determination without reference thereto.

In order to promote and protect the public health, safety and general welfare, the City Planning Commission may impose additional conditions and safeguards and more restrictive performance standards where necessary.

In the Borough of Staten Island, in C4-1 Districts that occupy at least four acres within a block and in other C4-1 Districts for zoning lots that had a lot area greater than 20,000 square feet on December 21, 2005, or on any subsequent date, the City Planning Commission may permit residences, provided such residences comply with the bulk regulations for R5 Districts as set forth in Article II, Chapter 3, or Article III, Chapter 5, as applicable.

In order to grant such permit, the Commission shall find that such residences are part of a superior site plan, such residences are compatible with the character of the surrounding area and that the streets providing access to such residences are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

The Commission may prescribe appropriate safeguards and conditions to minimize the adverse effect of any residences permitted under this Section on the character of the surrounding area.

In C1-1, C1-2, C1-3 or C1-4 Districts, the City Planning Commission may permit public parking garages or public parking lots with a capacity of not more than 100 spaces, provided that the regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening) are met. The Commission may permit some of such spaces to be located on the roof of such public parking garage, or may permit floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(b)        that such use has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 automobiles or 20 percent of the spaces so provided, whichever amount is less;

(c)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas; and

(d)        that, where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for the shielding of floodlights or for setback of any roof parking area from lot lines.

In C2-1, C2-2, C2-3, C2-4, C4-1, C4-2, C4-3, C4-4, C4-5D, C7, C8-1, C8-2, C8-3, M1-1, M1-2, M1-3, M2-1, M2-2 or M3-1 Districts, the City Planning Commission may permit public parking garages or public parking lots with more than 150 spaces, provided that the applicable regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street) or 44-43 (Location of Access to the Street), Sections 36-55 or 44-44 (Surfacing) and Sections 36-56 or 44-45 (Screening) are met. The Commission may permit some of such spaces to be located on the roof of such public parking garage, or may permit floor space on one or more stories and up to a height of 23 feet above curb level to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        that the principal vehicular access for such use is located on an arterial highway, a major street or a secondary street within one-quarter mile of an arterial highway or major street, except that in C5 or C6 Districts such access may be located on a local street;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(c)        that such use has adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided by the use, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles;

(d)        that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(e)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas; and

(f)        that, where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for shielding of floodlights, for locations of entrances and exits, or for setback of any roof parking areas from lot lines.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply, except as provided in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations).

For existing public parking garages located within a C4-4 District in Community District 4 in the Borough of Queens where such garage facility existed before October 17, 2019, and was previously granted a special permit pursuant to this Section, the finding set forth in paragraph (c) of this Section shall not apply. In lieu thereof, the number of reservoir spaces required shall be consistent with a finding that the permitted parking facility will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular traffic and pedestrian flow in the surrounding area.

In C7 Districts, the City Planning Commission may permit public parking garages or public parking lots of any capacity, provided that the applicable regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening) are met. The Commission may permit some of such spaces to be located on the roof of such public parking garage, or may permit floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        that the principal vehicular access for such use is located on an arterial highway, or major street, or a secondary street within one-quarter mile of an arterial highway or major street;

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(c)        that such use has adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided by the use, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles;

(d)        that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(e)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas; and

(f)        that, where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for shielding of floodlights, for locations of entrances and exits, or for setback of any roof parking areas from lot lines.

In C1-5, C1-6, C1-7, C1-8 or C1-9 Districts, the City Planning Commission may permit public parking garages or public parking lots with a capacity of not more than 100 spaces, and in C2-5, C2-6, C2-7, C2-8, C4-5, C4-5A, C4-5X, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts, the Commission may permit public parking garages with any capacity or public parking lots with more than 150 spaces, and in C5 and C6-1A Districts, the Commission may permit public parking garages or public parking lots with any capacity, provided that the applicable regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street) or 44-43 (Location of Access to the Street), Sections 36-55 or 44-44 (Surfacing) and Sections 36-56 or 44-45 (Screening) are met.

The Commission may permit some of such spaces to be located on the roof of such public parking garage, or may permit floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        that such use will not be incompatible with, or adversely affect the growth and development of, uses comprising vital and essential functions in the general area within which such use is to be located;

(b)        that such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(c)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(d)        that such use has adequate reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 20 percent of the total number of spaces up to 50 and five percent of any spaces in excess of 200, but in no event shall such reservoir space be required for more than 50 automobiles;

(e)        that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(f)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas; and

(g)        that, where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including limitations on signs, or requirements for shielding of floodlights, for locations of entrances and exits, or for setback of any roof parking areas from lot lines.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply, except as provided in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations).

The City Planning Commission may permit group parking facilities accessory to uses in large-scale residential developments or large-scale community facility developments or large-scale general developments with more than the prescribed maximum number of parking spaces set forth in Sections 25-12, 36-12 and 44-12 (Maximum Size of Accessory Group Parking Facilities) or may permit modifications of the applicable provisions of Sections 25-11, 36-11 and 44-11 (General Provisions) so as to permit off-street parking spaces accessory to such uses to be located on the roof of a building.

As a condition of permitting such exceptions or modifications, the Commission shall make the following findings:

(a)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas;

(b)        that such use has adequate reservoir space at the vehicular entrance to accommodate either 10 automobiles or five percent of the total parking spaces provided by the use, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles;

(c)        that the streets providing access to such use will be adequate to handle the traffic generated thereby; and

(d)        that where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including requirements for shielding of floodlights, for locations of entrances and exits, or for setback of any roof parking areas from lot lines.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply, or to the Long Island City area, as defined in Section 16-02 (Definitions), where the regulations set forth in Article I, Chapter 6, shall apply.

The City Planning Commission may, in conjunction with an application for a large-scale residential development or large-scale general development in the Transit Zone seeking a bulk modification, reduce or waive the number of required accessory residential off-street parking spaces, including any spaces previously required for an existing building on the zoning lot, provided the Commission finds that:

(a)        where the applicant is seeking a reduction of parking spaces required by Section 25-23 (Requirements Where Group Parking Facilities Are Provided), such reduction will facilitate the creation or preservation of income-restricted housing units in such large-scale residential development or large-scale general development. Such finding shall be made upon consultation with the Department of Housing Preservation and Development;

(b)        the anticipated rates of automobile ownership for residents of such large-scale residential development or large-scale general development are minimal and that such reduction or waiver is warranted;

(c)        such reduction of parking spaces will not have undue adverse impacts on the residents, businesses or community facilities in the surrounding area, including the availability of parking spaces for such uses; and

(d)        such reduction of parking spaces will result in a better site plan.

In determining the amount of parking spaces to reduce or waive, the Commission may take into account current automobile ownership patterns for an existing building containing residences on the zoning lot, as applicable.

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

In all districts in the Transit Zone, the City Planning Commission may permit a waiver of, or a reduction in, the number of required accessory off-street parking spaces for dwelling units in a development or enlargement that includes at least 20 percent of all dwelling units as income-restricted housing units as defined in Section 12-10 (DEFINITIONS), provided the Commission finds that such waiver or reduction:

(a)        will facilitate such development or enlargement. Such finding shall be made upon consultation with the Department of Housing Preservation and Development;

(b)        will not cause traffic congestion; and

(c)        will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

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

In C4, C6, C7, C8, M1, M2 or M3 Districts, for public parking garages with more than 150 spaces, the City Planning Commission may permit modifications of the applicable regulations in Sections 33-26 to 33-30, inclusive, and Sections 43-26 to 43-31, inclusive, relative to rear yard regulations, provided the following findings are made:

(a)        that the public parking garage will alleviate excessive on-street parking demand and thereby relieve traffic congestion in the area; and

(b)        that because of site limitations such modification is necessary for the proper design and operation of the public parking garage.

The Commission shall consider the characteristics of surrounding development and may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of adjacent areas.

In C1-2 and C2-2 Districts, for youth-oriented or senior citizen-oriented community centers and non-profit neighborhood settlement houses, the City Planning Commission may permit modifications of the parking requirement of Section 36-21, provided the following findings are made:

(a)        that, because of site limitations, such a reduction is necessary for the proper design and operation of such community centers and non-profit neighborhood settlement houses; and

(b)        that available off-site parking and mass transit facilities are adequate to satisfy the additional parking demand generated by such community facility.

In C2 Districts within a one-half mile radius of the main entrance of La Guardia Airport, located at the intersection of Grand Central Parkway and the 94th Street Bridge, the City Planning Commission may permit open automobile rental establishments on zoning lots having a frontage of at least 200 feet on Ditmars Boulevard, provided that the following findings are made:

(a)        that such open use will not be incompatible with, or adversely affect the growth and development of, appropriate uses in the general area within which such open use is to be located;

(b)        that such open use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(c)        that such open use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(d)        that such open use has adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided by the open use, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles;

(e)        that the streets providing access to such open use will be adequate to handle the traffic generated thereby;

(f)        that acoustic barriers be installed around the parking areas to minimize noise impacts on surrounding properties;

(g)        that visual barriers be installed and properly maintained to screen the parking area from surrounding properties; and

(h)        that accessory automotive repairs, maintenance and car washing are within an enclosed building.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including limitations on signs, requirements for shielding of floodlights and for locations of entrances and exits.

In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the City Planning Commission may permit electric utility substations (including transformers, switches, or auxiliary apparatus) or public transit or railroad electric substations, limited in each case to a site of not less than 40,000 square feet nor more than 10 acres, provided that the following findings are made:

(a)        that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;

(b)        that the site for such use is so located as to minimize the adverse effects on the integrity of existing and future development;

(c)        that the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and

(d)        that such use will conform to the performance standards applicable to M1 Districts.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing of electric substations, for the construction of fences, barriers, or other safety devices, for surfacing of all access roads and driveways, for shielding of floodlights or other artificial illumination, or for landscaping or screening.

(a)        Except as provided in paragraph (b) of this Section, the City Planning Commission may permit the construction of railroad passenger stations in all districts, provided that the following findings are made:

(1)        that the principal access for such use is not located on a local street;

(2)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas; and

(3)        that vehicular entrances and exits for such use are provided separately and are located not less than 50 feet apart.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights or surfacing of access roads or driveways.

In addition, the Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use, and shall determine the required spaces in accordance with the purposes established in this Resolution with respect to other major traffic-generating facilities. The Commission shall require, in any event, not less than 20 spaces for the temporary parking of automobiles, and three spaces for buses.

(b)        In Community Districts 4 and 5 in the Borough of Manhattan, the City Planning Commission may permit the construction of railroad passenger stations and ventilation facilities or other facilities or services used or required in connection with such railroad passenger station or in connection with an underground railroad right-of-way that provides access to such railroad passenger station, and may permit waivers of applicable bulk regulations, other than floor area ratio, in connection with such ventilation facilities, or other facilities or services, provided that the following findings are made:

(1)        that the principal access for such railroad passenger station is not located on a local street;

(2)        that such railroad passenger station is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas;

(3)        that any vehicular entrances and exits for such railroad passenger station are provided separately and are located not less than 50 feet apart;

(4)        that the locations of at-grade entrances to such railroad passenger station are well situated in relation to existing at-grade pedestrian circulation patterns;

(5)        that any below-grade pedestrian circulation elements provided in connection with the railroad passenger station are well integrated with any existing or planned below-grade pedestrian circulation networks providing connections to and from other transportation facilities; and

(6)        for ventilation facilities or other facilities or services used or required in connection with a railroad passenger station or in connection with an underground railroad right-of-way that provides access to a railroad passenger station, that:

(i)        any bulk modifications are the minimum necessary for the proper operation of the facility; and

(ii)        the design of the facility will blend harmoniously with the surrounding area or that a process has been created with the purpose of ensuring that the future design of the facility takes into account existing conditions and anticipated development in the surrounding area.

Railroad passenger station entrances provided pursuant to paragraph (b)(4) of this Section and railroad passenger station emergency access stairs, located within publicly accessible open areas of zoning lots subject to the provisions of Section 81-542 (Retention of floor area bonus for plazas or other public spaces), shall be permitted obstructions within such publicly accessible open areas, provided that the Commission finds that any encroachment within such publicly accessible open areas by such entrances or emergency access stairs will facilitate improved pedestrian circulation to, from and within the proposed railroad passenger station.

The special permit shall provide that such publicly accessible open area shall be designed and improved in connection with the installation of entrances or railroad passenger station emergency access stairs pursuant to a site plan accepted by the Chairperson of the Commission. The proposed site plan shall be referred to the affected Community Board, City Council Member and Borough President. Included with the site plan shall be a report to the Chairperson demonstrating that any comments and recommendations of the affected Community Board, City Council Member and Borough President have been considered, as set forth in a written response to such comments or recommendations. Where design modifications have been made in response to such comments and recommendations, the report shall identify how the design has been modified. The Chairperson shall not accept such site plan prior to 60 days after such referral. A publicly accessible open area improved pursuant to an accepted site plan shall be deemed to be certified pursuant to Section 37-625 (Design changes) and the standards set forth therein. Subsequent modifications of the site plan for such publicly accessible open area, including modifications involving the co-location of transportation facility entrances, shall be subject to this paragraph. An application to modify the site plan to facilitate the co-location of railroad passenger station entrances may be filed by the transportation agency seeking to co-locate a transportation facility entrance in the publicly accessible open area or by the property owner. Such application shall include evidence of consultation with any transportation agency with existing or planned facilities located in the publicly accessible open area. The modified site plan shall also be referred to such transportation agency by the Chairperson for comment

The Commission may prescribe appropriate conditions and safeguards to minimize pedestrian and vehicular congestion and to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights, surfacing of access roads or driveways, mitigation of pedestrian impacts, signage requirements, or screening or placement of the facilities or services permitted pursuant to paragraph (b) of this Section.

In C4, C6 or Manufacturing Districts, the City Planning Commission may permit the construction of a bus station with 10 or more berths for buses on a site of not less than 20,000 square feet, provided that the following findings are made:

(a)        that the use of the premises as a bus station will not create serious traffic congestion, will not be detrimental to public health or general welfare and is consistent with the master plan of the city;

(b)        that the principal access for such use is not located on a local street but is located either on an arterial highway, a major street or a secondary street within one-quarter mile of an arterial highway or major street;

(c)        that such use is not located within 200 feet of a Residence District, or is otherwise separated from nearby residential areas by topographical or physical conditions of the land;

(d)        that vehicular entrances and exits for such facility are provided separately and are located not less than 100 feet apart; and

(e)        that access to such use is located on a street not less than 60 feet in width.

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

In addition, the Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use and shall determine the required spaces in accordance with the purposes established in this Resolution with respect to other major traffic-generating facilities. The Commission shall require, in any event, no less than 20 spaces for the temporary parking of automobiles.

In C1, C2, C4, C6, C7 or C8 Districts, or in any Manufacturing District, the City Planning Commission may permit bus stations with fewer than 10 berths for buses on a site of not less than 20,000 square feet, provided that the following findings are made:

(a)        that the use of the premises as a bus station will not create serious traffic congestion, will not be detrimental to public health or general welfare and is consistent with the master plan of the City;

(b)        that the principal access of such use is not located on a local street;

(c)        that vehicular entrances and exits for such facility are provided separately and are located not less than 50 feet apart; and

(d)        that access to such use is located on a street not less than 60 feet in width.

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

In addition, the Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use, and shall determine the required spaces in accordance with the purposes established in this Resolution with respect to other major traffic-generating facilities. The Commission shall require, in any event, not less than 10 spaces for the temporary parking of automobiles.

All bus stations lawfully existing on December 15, 1961 are permitted to continue for the duration of the term for which such use has been authorized but the enlargement, extension, reconstruction or relocation of any bus station heretofore or hereafter constructed shall not be permitted except in accordance with the provisions set forth in Sections 74-631 or 74-632.

The City Planning Commission may grant, by special permit, a floor area bonus not to exceed 20 percent of the basic maximum floor area ratio permitted by the underlying district regulations, and may waive or modify the provisions of Article III, Chapter 7 (Special Regulations), and the street wall continuity provisions of Sections 81-43 (Street Wall Continuity Along Designated Streets), 91-31 (Street Wall Regulations) or 101-41 (Special Street Wall Location Regulations) for developments or enlargements located on zoning lots where major improvements to adjacent subway stations are provided in accordance with the provisions of this Section. For the purposes of this Section, "adjacent" shall mean that upon completion of the improvement, the zoning lot will physically adjoin a subway station mezzanine, platform, concourse or connecting passageway. Subway stations where such improvements may be constructed are those stations located within the Special Midtown District as listed in Section 81-292 (Subway station improvements), the Special Lower Manhattan District as listed in Section 91-43 (Off-street Relocation or Renovation of a Subway Stair), the Special Downtown Brooklyn District as listed in Section 101-211 (Special permit for subway station improvements), the Special Union Square District as listed in Section 118-50 and those stations listed in the following table:

Station

Line

8th Street

Broadway-60th Street

23rd Street

Broadway-60th Street

23rd Street

Lexington Avenue

28th Street

Lexington Avenue

33rd Street

Lexington Avenue

34th Street-Penn Station

8th Avenue

59th Street/Lexington Avenue (60th St)

Lexington Avenue and Broadway-60th Street

The selection of subway station improvements shall be on a case-by-case basis and shall be subject to the approval of the Metropolitan Transportation Authority, New York City Transit and the City Planning Commission. All such improvements shall comply with all applicable design standards of the current station planning guidelines of New York City Transit.

(a)        Pre-application requirements

Prior to submitting an application for a special permit pursuant to this Section, the applicant shall submit a schematic or concept plan for the proposed improvement to the Metropolitan Transportation Authority, New York City Transit and the Chairperson of the City Planning Commission.

(b)        Requirements for application

An application for a special permit pursuant to this Section shall include a letter from New York City Transit to the City Planning Commission containing conceptual approval of the improvement and a statement of any special considerations regarding New York City Transit's future operation of the improvement. The applicant shall submit all information and justification sufficient to enable the Commission to:

(1)        evaluate the benefits to the City;

(2)        determine the appropriate amount of bonus floor area; and

(3)        where applicable, assess the advantages and disadvantages of waiving or modifying street wall continuity requirements.

(c)        Conditions

(1)        Within the Special Midtown District, for a development or enlargement within the Theater Subdistrict on a zoning lot containing a theater designated as listed pursuant to Section 81-742 (Listed theaters), the Commission shall find that the requirements of Section 81-743 (Required assurances for continuance of legitimate theater use) have been met.

(2)        Within the Special Midtown District, for a development or enlargement located on a zoning lot divided by a Theater Subdistrict Core boundary, as defined in Section 81-71 (General Provisions), the amount of lot area eligible for bonus floor area shall not exceed an amount equal to twice the lot area of that portion of the zoning lot located outside the Theater Subdistrict Core.

(d)        Findings

(1)        In determining the amount of floor area bonus, the City Planning Commission shall consider the degree to which:

(i)        the general accessibility and security of the subway station will be improved by the provision of new connections, additions to or reconfigurations of circulation space, including provision of escalators or elevators; and

(ii)        significant improvements to the station's environment by provision for direct daylight access, or improvements to noise control, air quality, lighting or rider orientation and satisfactory integration of the street level entryway into the development or enlargement will occur.

(2)        In determining modifications to the requirements of Article III, Chapter 7 (Special Regulations), the Commission shall find that the provisions of a subway improvement cannot be accommodated without modification to these requirements.

(3)        In determining modifications to the street wall continuity provisions of Section 81-43 in the Special Midtown District, Section 91-31 (Street Wall Regulations) in the Special Lower Manhattan District or Section 101-41 in the Special Downtown Brooklyn District, the Commission shall find that the modification will permit the proposed design to provide for access of daylight and air to the subway platform, mezzanine or concourse and that the advantages of such access outweigh the disadvantages incurred by the interruption of street wall and retail continuity.

(e)        Procedural requirements

Prior to the granting of a special permit, the City Planning Commission shall be provided with the following:

(1)        a letter from New York City Transit stating that the drawings and other documents submitted by the applicant have been determined by New York City Transit to be of sufficient scope and detail to fix and describe the size and character of the subway improvement as to architectural, structural, mechanical and electrical systems, materials, relationship to existing site conditions and such other conditions as may be appropriate, and that the construction of the subway improvement in accordance with such submission is feasible; and

(2)        a legally enforceable instrument running with the land and signed by the applicant and all parties in interest, other than parties in interest who have waived and subordinated their interests, containing complete drawings of the improvement and setting forth the obligations of owner and developer, their successors and assigns, to construct and provide capital maintenance for the improvement, establish a construction schedule and provide a performance bond for completion of the improvement.

(f)        Recordation and completion procedures


Any instrument creating a transit easement on the zoning lot shall be recorded against the zoning lot in the Office of the Register of the City of New York and a certified copy of the instrument shall be submitted to the City Planning Commission and New York City Transit. The applicant shall not apply for nor accept a temporary certificate of occupancy for the bonus floor area, and the Department of Buildings shall not issue such a temporary certificate of occupancy, until New York City Transit has determined that the bonused subway improvement is substantially complete which shall, for this purpose, mean open to and usable by the public.

The applicant shall not apply for or accept a permanent certificate of occupancy for the development or enlargement, nor shall the Department of Buildings issue such permanent certificate of occupancy, until the bonused subway improvement has been completed in accordance with the approved plans and such completion has been certified by New York City Transit.

The Commission may prescribe additional appropriate conditions and safeguards to enhance the character of the surrounding area.

In C8 Districts, the City Planning Commission may permit trucking terminals or motor freight stations with sites in excess of 20,000 square feet, provided that the following findings are made:

(a)        that the principal access for such use is not on a local street but is located within one-quarter mile of a secondary or major street;

(b)        that vehicular entrances and exits for such use are provided separately and are located not less than 100 feet apart;

(c)        that such use is not located within 200 feet of a Residence District boundary; and

(d)        that access to such use is located on a street not less than 60 feet in width.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights, screening and surfacing all access roads or driveways.

In all Manufacturing Districts, the City Planning Commission may permit the construction, reconstruction, or enlargement of airports and their facilities, in any case where the applicant has submitted a site plan showing the location and dimensions of all runways, in addition to all other information required in Section 74-20 (REQUIREMENTS FOR APPLICATIONS), provided that the following findings are made:

(a)        that the airport is an appropriate use of the land and will not unduly interfere with surrounding land uses; and

(b)        that due consideration has been given to the selection of a site situated near or adjacent to large parks or other open areas, or bodies of water.

The Commission shall refer the application to the Federal Aviation Administration, for the report of such agency as to whether such airport is either an integral part of, or will not interfere with, the general plan of airports for New York City and the surrounding metropolitan region; and whether a new, reoriented, or lengthened runway will interfere with the flight pattern of any nearby airport.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, and in the event that the application is granted, the Commission may adopt a resolution to amend the zoning maps so that for a depth of at least one-quarter mile around the entire perimeter of the airport, any adjacent Residence District shall be mapped as an R1, R2, or R3 District, and any adjacent Commercial or Manufacturing District shall be mapped as a C1, C2, C3, C4-1, C7, C8-1, C8-2, M1-1, M1-2, M1-4, M2-1, M2-3 or M3 District.

The Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use and shall determine the required spaces in accordance with the purposes established in this Resolution with respect to other major traffic-generating facilities.

In C3, C4, C5, C6, C7 or C8 Districts or in any Manufacturing District, the City Planning Commission may permit the construction, reconstruction, or enlargement of heliports and their facilities where the applicant has submitted a site plan showing the location of landing areas, in addition to all other information required in Section 74-20 (REQUIREMENTS FOR APPLICATIONS), provided that the following findings are made:

(a)        that the heliport is an appropriate use of the land and will not unduly interfere with surrounding land uses; and

(b)        that due consideration has been given to the selection of a site situated near or adjacent to large parks or other open areas, or bodies of water.

The Commission shall refer the application to the Federal Aviation Administration for the report of such agency as to whether the heliport is either an integral part of, or will not interfere with, the general plan of airports for New York City and the surrounding metropolitan region.

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

The Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use and shall determine the required spaces in accordance with the purposes established in the Resolution with respect to other major traffic-generating facilities.

In all Residence Districts, the City Planning Commission may permit fire or police stations, provided that the following findings are made:

(a)        that such use will serve the residential area within which it is provided to be located; that there are serious difficulties in locating it in a district wherein it is permitted as-of-right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District; and

(b)        in the case of fire stations, that such use is so located as to minimize the movement of fire apparatus through local streets in residential areas.

For any such use, the Commission may permit appropriate modifications of the applicable regulations of Article II, Chapter 3, provided that such use complies with all the applicable district bulk regulations for community facility buildings as set forth in Article II, Chapter 4.

The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements for landscaping.

(a)        In all districts, when a development or enlargement, including large-scale developments pursuant to Section 74-74, 78-00 et seq. or 79-00 et seq. is located partially or entirely within a railroad or transit right-of-way or yard and/or in railroad or transit air space, the City Planning Commission may permit:

(1)        that portion of the railroad or transit right-of-way or yard which will be completely covered over by a permanent platform to be included in the lot area for such development or enlargement;

(2)        any portion of the right-of-way or yard where railroad or transit use has been permanently discontinued or terminated to be included in the lot area for such development or enlargement;

(3)        notwithstanding the applicable district regulations, certain uses may be located beneath a portion of a permanent platform, including a platform street as follows:

(i)        any use accessory to a primary use located on the zoning lot;

(ii)        a public parking garage or public parking lot provided the findings set forth in Section 74-52 and hereby made applicable, are met for such garage or lot;

(iii)        a railroad passenger station (pursuant to Section 74-62) or a railroad including right-of-way, freight terminal, yard or appurtenance, or a facility or service used or required in railroad operations;

(iv)        a public transit yard, vehicle storage, warehouse, trucking terminal or motor freight station (without limitation on lot area per establishment).

(b)        As a condition for granting a special permit, the Commission shall find that:

(1)        the streets providing access to all uses pursuant to paragraph (a) of this Section are adequate to handle traffic resulting therefrom;

(2)        the distribution of floor area and the number of dwelling units or rooming units does not adversely affect the character of the surrounding area by being unduly concentrated in any portion of such development or enlargement, including any portion of the development or enlargement located beyond the boundaries of such railroad or transit right-of-way or yard;

(3)        all uses, developments or enlargements located on the zoning lot or below a platform do not adversely affect one another;

(4)        if such railroad or transit right-of-way or yard is deemed appropriate for future transportation use, the site plan and structural design of the development do not preclude future use of, or improvements to, the right-of-way for such transportation use.

(c)        For any development or enlargement located within or over railroad or transit right-of-way or yard:

(1)        the application to be filed with the Commission for special permit approval pursuant to this Section shall include a site plan showing:

(i)        the total lot area of that portion of a railroad or transit right-of-way or yard to be covered by a platform; and/or

(ii)        the total lot area of such right-of-way or yard that has been permanently discontinued or terminated;

(2)        ownership of rights to develop in railroad or transit air space or within a railroad or transit right-of-way or yard where such use has been permanently discontinued or terminated, shall meet the requirements of the zoning lot definition in Section 12-10 (DEFINITIONS);

(3)        where the railroad or transit right-of-way or yard is to be covered over by a permanent platform, such platform shall be unperforated except for such suitably protected openings as may be required for utilities, ventilation, drainage or other necessary purposes;

(4)        the Commission may establish an appropriate level or levels instead of curb level as the reference plane for the applicable regulations pertaining to, but not limited to, height and setback, floor area, lot coverage, open space, yards, and minimum distance between buildings;

(5)        the Commission may permit buildings to be connected by a bridge or tunnel, within a portion of a street, provided that the street volume occupied by such bridge or tunnel is not mapped and owned by the City, and provided that such structure is used exclusively for pedestrian or vehicular circulation; however, in no event shall such a bridge or tunnel be considered as lot area or generate any floor area; and in the case of a bridge, the Commission shall find that such bridge will:

(i)        provide adequate vertical clearance at all points measured from curb level to the soffit;

(ii)        not rest upon columns or other supports that intrude upon the street;

(iii)        provide illumination of at least five foot candles at the curb level for the street area beneath the bridge;

(iv)        not unduly obstruct any significant scenic view; and

(v)        provide adequate light and air to the street or surrounding public spaces or streets.

In the case of a tunnel, the Commission may permit buildings to be connected by a tunnel under a street, provided the Commission finds that the tunnel is used exclusively for vehicular circulation and is necessary to achieve improved vehicle circulation within the development and on adjoining streets.

(d)        The Commission shall require the provision of adequate accessory off-street parking spaces and loading berths necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by any use permitted on the zoning lot, and shall determine the required number of parking spaces and loading berths in accordance with the purposes established in this Resolution with respect to other major traffic-generating facilities.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, and may require where the development or enlargement includes an active railroad or transit use, that the structural design of such development or enlargement make due allowance for changes within the layout of tracks or other structures within such railroad or transit air space or railroad or transit right-of-way or yard which may be deemed necessary in connection with future development or improvement of the transportation system.

Prior to granting a special permit, the Commission shall request the Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City of New York to indicate within 30 days whether said agencies have any plan to use that portion of the railroad or transit air space or railroad or transit right-of-way or yard where the railroad or transit use has been permanently discontinued or terminated.

In R9 or R10 Districts when the air space above a street or portion thereof is closed, demapped and conveyed by the City to the owner of an adjoining zoning lot owned by a non-profit institution pursuant to State-enabling legislation enacted in 1971, the City Planning Commission may, by special permit, allow in such demapped air space, the development or enlargement of buildings which are an expansion of an existing hospital, college, university or functionally-related facility. In connection therewith, the Commission may also permit modification of off-street loading and bulk regulations, except floor area ratio regulations, under the applicable district regulation, provided that the requirements set forth in the 1973 Agreement among the City of New York, the Society of the New York Hospital, and the New York Society for the Relief of the Ruptured and Crippled, maintaining the Hospital for Special Surgery and the Rockefeller University are met; and that such demapped air space shall be considered as part of the adjoining zoning lot, except that any building located in demapped air space shall utilize only unused floor area from the portion of the adjoining zoning lot not within the demapped air space.

In order to grant such special permit, the Commission shall find:

(a)        for development or enlargements in such demapped air space and for modification of bulk regulations, that the location and distribution of new bulk shall result in a good site plan in relation to the existing buildings on-site and in the area; and

(b)        for modification of off-street loading requirements, when such non-profit institution includes more than one building on two or more zoning lots, the Commission may determine the required number of loading berths as if such non-profit institution were located on a single zoning lot, and may permit such loading berths to be located anywhere within such institution without regard for zoning lot lines, provided that such loading berths shall be:

(1)        adequate to serve the requirements of the institution;

(2)        accessible to all the uses in such institution without the need to cross any street at grade; and

(3)        located so as not to adversely affect the movement of pedestrians or vehicles on the streets within or surrounding such institution.

The curb level of a zoning lot of which the demapped air space is a part shall not be affected by the closing and demapping of air space above such street. However, the Commission may establish an appropriate level or levels instead of curb level as the reference plane for the applicable regulations relating to open space, yards, level of yards, equivalent rear yards, rear yard setback, minimum distance between buildings, and the front height and setback.

The Commission may impose additional conditions and safeguards, consistent with the requirements set forth in the 1973 Agreement, to improve the quality of the development and minimize adverse effects on the character of the surrounding area.

In all districts, the City Planning Commission may permit seaplane bases provided that the following findings are made:

(a)        that such use and the take-off and landing operations it serves are so located as not to impair the essential character or future use or development of the surrounding area; and

(b)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas.

The Commission shall refer the application to the Federal Aviation Administration for the report of such agency as to whether the seaplane base is either an integral part of, or will not interfere with, the general plan of airports for New York City and the surrounding metropolitan region.

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

The Commission shall require the provision of adequate accessory off-street parking spaces necessary to prevent the creation of traffic congestion caused by the curb parking of vehicles generated by such use and shall determine the required spaces in accordance with the purposes established in this Resolution.

The City Planning Commission may permit non-profit hospital staff dwellings in accordance with the conditions of paragraph (a) of this Section, provided that the findings of paragraph (b) are met.

(a)        The Commission may permit:

(1)        in all Residence Districts, or in C1, C2, C3, C4, C5, C6 or C7 Districts, non-profit hospital staff dwellings located on a zoning lot, no portion of which is located more than 1,500 feet from the non-profit or voluntary hospital and related facilities; or

(2)        in C4-2 Districts without a letter suffix, in Community District 11 in the Borough of the Bronx, non-profit hospital staff dwellings on zoning lots located not more than 1,500 feet from the non-profit or voluntary hospital and related facilities.

(b)        To permit such non-profit hospital staff dwellings, the Commission shall find:

(1)        that the bulk of such non-profit hospital staff dwelling and the density of population housed on the site will not impair the essential character or the future use or development of the surrounding area; and

(2)        that the number of accessory off-street parking spaces provided for such use will be sufficient to prevent undue congestion of streets by such use.

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

In all districts, for zoning lots containing a landmark designated by the Landmarks Preservation Commission, or for zoning lots with existing buildings located within Historic Districts designated by the Landmarks Preservation Commission, the City Planning Commission may permit modification of the use and bulk regulations, except floor area ratio regulations, provided that:

(a)        The following conditions are met:

(1)        any application pursuant to this Section shall include a report from the Landmarks Preservation Commission stating that a program has been established for continuing maintenance that will result in the preservation of the subject building or buildings, and that such use or bulk modifications, or restorative work required under the continuing maintenance program, contributes to a preservation purpose;

(2)        any application pursuant to this Section shall include a Certificate of Appropriateness, other permit, or report from the Landmarks Preservation Commission stating that such bulk modifications relate harmoniously to the subject landmark building or buildings in the Historic District, as applicable; and

(3)        the maximum number of dwelling units shall be as set forth in Section 15-111 (Number of permitted dwelling units).

(b)        In order to grant a special permit, the City Planning Commission shall find that:

(1)        such bulk modifications shall have minimal adverse effects on the structures or open space in the vicinity in terms of scale, location and access to light and air; and

(2)        such use modifications shall have minimal adverse effects on the conforming uses within the building and in the surrounding area.

The Commission may prescribe appropriate additional conditions and safeguards which will enhance the character of the development and buildings on the zoning lot.

Within Historic Districts designated by the Landmarks Preservation Commission, the City Planning Commission may grant a special permit, in accordance with the following provisions:

(a)        In M1-5A and M1-5B Districts, on a zoning lot that, as of December 15, 2003, is vacant, is land with minor improvements, or has not more than 40 percent of the lot area occupied by existing buildings, the Commission may modify use regulations to permit residential development and, below the floor level of the second story of any development, uses permitted under Section 32-15 (Use Group 6), provided:

(1)        the use modifications shall meet the following conditions, that:

(i)        residential development complies with the requirements of Sections 23-47 (Minimum Required Rear Yards) and 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) pertaining to R8 Districts;

(ii)        total floor area ratio on the zoning lot shall be limited to 5.0;

(iii)        the minimum floor area of each dwelling unit permitted by this Section shall be 1,200 square feet;

(iv)        all signs for residential or commercial uses permitted by this Section shall conform to the applicable regulations of Section 32-60 (SIGN REGULATIONS) pertaining to C2 Districts; and

(v)        eating and drinking establishments of any size, as set forth in Use Groups 6A and 12A, are not permitted; and

(2)        the Commission shall find that such use modifications:

(i)        have minimal adverse effects on the conforming uses in the surrounding area;

(ii)        are compatible with the character of the surrounding area; and

(iii)        for modifications that permit residential use, result in a development that is compatible with the scale of the surrounding area.

(b)        In all districts, the Commission may modify bulk regulations, except floor area ratio regulations, for any development on a zoning lot that is vacant or is land with minor improvements, and in M1-5A and M1-5B Districts, the Commission may make such modifications for zoning lots where not more than 40 percent of the lot area is occupied by existing buildings as of December 15, 2003, provided the Commission finds that such bulk modifications:

(1)        shall not adversely affect structures or open space in the vicinity in terms of scale, location and access to light and air; and

(2)        relate harmoniously to buildings in the Historic District as evidenced by a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission.

The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the development and to minimize adverse effects on the character of the surrounding area.

(a)        In C4-7, C5-2, C5-3, C5-4, C6-1A, C6-4, C6-5, C6-6, C6-7 or M1-6 Districts, the City Planning Commission may permit modification of the height and setback regulations, including tower coverage controls, for developments or enlargements located on a zoning lot having a minimum lot area of 40,000 square feet or occupying an entire block.

In C5-3, C6-6 and C6-7 Districts on such zoning lots, and in C6-4 Districts as set forth in paragraph (e) of this Section, the Commission also may modify yard and court regulations, and regulations governing the minimum required distance between buildings and/or the minimum required distance between legally required windows and walls or lot lines, provided that the Commission finds 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, adjacent streets and surrounding development; and

(3)        provide adequate light and air for buildings on the zoning lot and neither impair access to light and air to legally required windows in adjacent buildings nor adversely affect adjacent zoning lots by unduly restricting access to light and air to surrounding streets and properties.

As a condition of this special permit, if any open area extending along a side lot line is provided at any level, such open area shall be at least eight feet in width.

(b)        In a C6-4 District, the Commission may modify the supplementary use regulations of Section 32-422 (Location of floors occupied by commercial uses) for developments or enlargements on zoning lots occupying an entire block with a base commercial floor area ratio of 10.0, provided the following conditions are met:

(1)        that the non-residential uses are located in a portion of a mixed building that has separate access to the street with no openings of any kind to the residential portion of the building at any story; and

(2)        that the non-residential uses are not located above the lowest story containing dwelling units unless the residential and non-residential portions are separated in accordance with the provisions of Section 23-82 (Building Walls Regulated by Minimum Spacing Requirements).

(c)        In C5-3, C6-6 and C6-7 Districts, the Commission may modify height and setback and yard regulations, including tower coverage controls for developments or enlargements located on a zoning lot having an area less than 40,000 square feet, that occupies an entire block front on a wide street, subject to the following conditions:

(1)        where buildings or portions thereof penetrate the established sky exposure plane, the aggregate area occupied by such buildings or portions thereof at such elevation shall not exceed:

(i)        55 percent of the area of such zoning lot; or

(ii)        an equivalent of 55 percent of the aggregate area of such zoning lot and any adjoining zoning lots with a common lot line for at least 90 feet with negative easements limiting height of existing and future developments on the adjoining zoning lots by recorded deed or other written instruments;

(2)        that the development or enlargement includes on-site amenities, such as arcades, through block arcades or covered pedestrian spaces where the size and dimensions of such spaces are substantially greater than the required minimum standards, and includes skylights or other provisions for additional access of direct natural light so as to provide for an increased penetration of light and air therein at the street level of the development or enlargement, or a transit station improvement that results in a direct major connection to a subway station.

(3)        In lieu of condition (c)(2), the development or enlargement may provide, in the same or an adjoining block of such development or enlargement, compensatory "off-site public open space." For the purposes of this paragraph, (c)(3), the term "adjoining block" shall mean a block that is contiguous to the block containing the development or enlargement but for its separation by a street or street intersection. The area of such off-site public open space shall be at least 4,000 square feet, or 15 percent of the lot area of a zoning lot containing the development or enlargement, whichever is more, and a width of at least 40 feet at any point.

Such public open areas shall have a southern exposure, and adjoin a public sidewalk and be developed pursuant to the provisions of Section 37-70 (PUBLIC PLAZAS). A plan for the development and maintenance of such off-site public space shall be approved by the Commission. The off-site public area shall be kept open to the general public in accordance with a time schedule specified by the Commission. In no event shall such off-site public open space be eligible for floor area or bonus computation in connection with this or any other development or enlargement.

For such developments or enlargements, the Commission may also modify the applicable regulations of Sections 32-51 (Limitations on Business Entrances, Show Windows or Signs) and 36-683 (Restrictions on location of berths near Residence Districts) where adjoining frontage within a distance of 75 feet on the same side of the street is occupied by a community facility or ground floor commercial use, provided that such modification is part of an overall design for show windows, signage and entrances or off-street loading berths developed in conjunction with a public amenity such as a public plaza, through block arcade or covered pedestrian space, and will not alter the essential character of the immediate neighborhood.

In the case of existing buildings containing residences to remain temporarily on such zoning lot, the provisions of Sections 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) and 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIREMENTS) may be modified provided that each and every one of the following conditions are met:

(i)        that such existing buildings with unexpired leasehold interests are located upon such zoning lot;

(ii)        that the portions of the zoning lot where such existing buildings are located and are to be demolished shall be redeveloped according to the approved site plan;

(iii)        that no temporary or final certificate of occupancy shall be issued for that portion of floor area in the development or enlargement equal to twice the floor area in the temporary existing buildings until such buildings are vacated, demolished and their sites are redeveloped in accordance with the approved project plan, except that where the Commission shall have determined that the applicant for a special permit has made an offer to purchase the leasehold interests from the lessees at a fair market value of the remainder of the lease term, the Commission may decrease the amount of floor area for which no certificate of occupancy may be issued; and

(iv)        that the development or enlargement conform with all the applicable laws relating to construction, operation and maintenance.

The owner of the zoning lot shall have prominently displayed thereon a sign stating the date by which the buildings are to be demolished.

(4)        As a further condition for the issuance of a permit under this paragraph (c), the owner of the zoning lot upon which developments or enlargements are to take place, must post a bond or other security payable to the City of New York and approved by the Corporation Counsel as to form, sufficient in amount as determined by the Commission to cover the cost of demolishing the existing buildings should the owner fail to so demolish within the prescribed time set forth in the approved project plan, and ensure that all floor area which is to be vacant in the development shall remain unfinished and vacant.

The bonds or other securities shall be payable to the City of New York if any of the above conditions are violated.

The Commission must find, with each grant for a special permit under this paragraph, (c), that the development or enlargement:

(i)        shall result in improved circulation; and

(ii)        would eliminate the undesirable pre-emption of ground level space by private buildings or other structures.

In making these findings, the Commission may consider the provision of improved connections to rapid transit facilities, where applicable.

The site plan accompanying each application for a grant of special permit under this paragraph (c), shall include a schedule indicating the timetable of demolition of all existing buildings and the schedule of development or enlargement and other improvements on the zoning lot.

In addition to the conditions in paragraphs (c)(1), (c)(2), (c)(3) and (c)(4) of this Section, the Commission shall find that the modification of height and setback will provide a better distribution of bulk on the zoning lot and will not adversely affect other adjacent zoning lots by unduly restricting access to light and air to surrounding public spaces, streets and properties.

(d)        Notwithstanding any other provisions of the Zoning Resolution, where a development shares a lot line with a landmark building site for an aggregate distance of at least 90 feet, or contains a historically significant street that has been demapped and an archeologically significant site, both of which have been identified by the Landmarks Preservation Commission, the Commission may permit modification of the height and setback and yard regulations regardless of the lot size, provided that the following findings are made:

(1)        there is a harmonious architectural relationship between the landmark and the new structure, and such relationship is approved by the Landmarks Preservation Commission or, in the case of a development which contains a historically significant street that has been demapped and an archeologically significant site, there is a visual recognition of the location of the demapped street and of the archeologically significant site created by a design treatment that has been approved by both the Landmarks Preservation Commission and the City Planning Commission and, if such development is located within 200 feet of a historic district, there is a harmonious relationship between the proposed development and the historic district; and

(2)        pedestrian amenities are contained in the new structure including, where appropriate, retail stores and substantial pedestrian space at the principal levels of circulation, such as wider sidewalks, arcades, covered pedestrian space, subsurface concourses and convenient subway connections.

(e)        The City Planning Commission may also permit modification of all bulk regulations as set forth in paragraph (a) of this Section on zoning lots with a minimum lot area of 30,000 square feet, where such zoning lot is located in a C6-4 District in Manhattan Community District 3, has frontage on a wide street and existed on August 8, 2018.

In all Residence Districts, Commercial Districts and M1 and M2 Districts, the City Planning Commission may permit sewage disposal plants provided that such use will serve the commercial or residential area within which, or adjacent to which, it is to be located; that in the case of a residential area, such area contains more than 50 dwelling units; and that there are serious difficulties in locating it in a district where it is permitted as-of-right from which it could serve the residential area or commercial area. In addition, the Commission shall refer such application to the Department of Health and the Department of Environmental Protection for a report.

The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices, and landscaping.

In all Residence Districts, the City Planning Commission may permit sanitary or storm water sewage pumping stations and sewage disposal plants, provided that such use will serve a development which contains more than 15 dwelling units; and that there are serious difficulties in locating it in a district where it is permitted as-of-right from which it could serve the residential area. In addition, the Commission shall refer such application to the Department of Health and the Department of Environmental Resources for a report. The Commission may review the scope and impact of the proposal on public facilities and may, in addition, prescribe appropriate conditions or safeguards without dictating the architectural design of individual buildings in order to minimize adverse effects on the surrounding area.

As a condition of granting a special permit for a sewage pumping station or a sewage disposal plant, the Commission shall find:

(a)        in the case of sewage pumping stations, the sewers and treatment plants to which the flow is to be pumped will be adequate to accommodate anticipated future development in the area to be served by these facilities;

(b)        in the case of sewage disposal plants serving a residential area, the related development is arranged in such a way as best to serve active and passive recreation needs; protect and preserve scenic assets and natural features such as trees, streams and topographic features; and provide suitable variations in the siting of buildings to achieve these objectives; and

(c)        in the case of sewage disposal plants, the proposed plant will be adequate for anticipated development in the area to be served; or

(d)        in all cases, the proposal promotes and protects the public health, safety and general welfare.

In all Residence Districts, Commercial Districts and M1 and M2 Districts, the City Planning Commission may permit municipal sewage disposal plants, provided that there are serious difficulties in locating it in a district where it is permitted as-of-right. The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices and landscaping.

As a condition of granting a special permit for a municipal sewage disposal plant, the Commission shall find:

(a)        the proposed plant will be adequate for anticipated development in the area to be served; and

(b)        that the proposal promotes and protects the public health, safety and general welfare.

In all Residence Districts, the City Planning Commission may permit municipal sewage pumping stations provided that there are serious difficulties in locating it in a district where it is permitted as-of-right. The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices and landscaping.

As a condition of granting a special permit for a municipal sewage pumping station, the Commission shall find:

(a)        that the proposal promotes and protects the public health, safety and general welfare; and

(b)        the sewers and treatment plants to which the flow is to be pumped will be adequate to accommodate anticipated future development in the area to be served by these facilities.

For large-scale general developments involving several zoning lots but planned as a unit, the district regulations may impose unnecessary rigidities and thereby prevent achievement of the best possible site plan within the overall density and bulk controls. The regulations of this Section are designed to allow greater flexibility for the purpose of securing better site planning, while safeguarding the present or future use and development of the surrounding area.

No portion of a large-scale general development shall contain:

(a)        any use not permitted by the applicable district regulations for such portion, except as otherwise provided in Section 74-744 (Modification of use regulations). When an existing building in a large-scale general development is occupied by a non-conforming use, any enlargement of such existing building shall be subject to the requirements set forth in Section 52-00 (DEFINITIONS AND GENERAL PROVISIONS);

(b)        any zoning lot, or portion thereof, that is part of a large-scale residential development or large-scale community facility development.

An application to the City Planning Commission for the grant of a special permit pursuant to Section 74-74 for a large-scale general development shall include a site plan showing the boundaries of the large-scale general development and the proposed location and use of all buildings or other structures on each zoning lot comprising the large-scale general development.

However, for applications proceeding pursuant to the ownership provisions of paragraph (e) of Section 74-742, such site plan need only show the applicable portion of the large-scale general development as set forth in paragraph (e)(1) or (e)(2) of Section 74-742.

Except as otherwise provided in this Section, any large-scale general development for which application is made for a special permit in accordance with the provisions of Section 74-74 (Large- scale General Development) shall be on a tract of land which at the time of application is all under the control of the applicant(s) as the owner(s) or holder(s) of a written option to purchase. No special permit shall be granted unless the applicant(s) acquired actual ownership (single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development) of, or executed a binding sales contract for, all of the property comprising such tract.

When a large-scale general development is located within a designated urban renewal area, the City's urban renewal agency, or a person authorized by such agency, may apply for and be granted a special permit under the provisions of Section 74-74 even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section. All parcels comprising such large-scale general development shall be within the designated urban renewal area and subject to the urban renewal controls set forth in the approved urban renewal plan.

A special permit may be applied for and granted under the provisions of Section 74-74, even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section, when the site of such large-scale general development is:

(a)        to be developed or enlarged through assemblage by any other governmental agency, or its agent, having the power of condemnation; or

(b)        owned by the Federal government and is within Brooklyn Community District 2; or

(c)        partially under City ownership, within the former Washington Square Southeast Urban Renewal Area, within Community District 2 in the Borough of Manhattan, provided that the exception to the ownership requirements set forth herein shall apply only to tracts of land in City ownership; or

(d)        partially under State or City ownership, or may include a tract of land under private ownership that is located within the bed of 26th Avenue between 1st Street and the bulkhead line within the Hallets Point Peninsula, in the area bounded by 8th Street and Vernon Boulevard on the east, the East River on the west and south, and the north side of 26th Avenue on the north, in Community District 1 in the Borough of Queens, provided that the exception to the ownership requirements set forth herein shall apply only to:

(1)        tracts of land in State or City ownership; or

(2)        a tract of land in private ownership located within the bed of 26th Avenue, between 1st Street and the bulkhead line; or

(e)        within Manhattan Community District 2, where the City Planning Commission has approved a special permit under Section 74-74 for a large-scale general development located partially within a C2-7 District, and a portion of such large-scale general development is subsequently mapped as a park and transferred to City ownership, then the consent or authorization of any owner or party in interest to:

(1)        such public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to property within the large-scale general development other than the public park; and

(2)        property other than the public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to the public park.

However, the consent or authorization of the owners and any party in interest to the other property shall be required if the proposed modification would impose an additional obligation or increase the degree of an obligation existing as of the date of the application for the modification on any such owner or any such party in interest.

(a)        For a large-scale general development, the City Planning Commission may permit:

(1)        distribution of total allowable floor area, rooming units, dwelling units, lot coverage and total required open space under the applicable district regulations within a large-scale general development without regard for zoning lot lines or district boundaries, subject to the following limitations:

(i)        no distribution of bulk across the boundary of two districts shall be permitted for a use utilizing such bulk unless such use is permitted in both districts;

(ii)        when a large-scale general development is located partially in a Residence District or in a C1, C2, C3 or C4-1 District and partially in other Commercial or Manufacturing Districts, no transfer of commercial floor area to a Residence District or to a C1, C2, C3 or C4-1 District from other districts shall be permitted, except that for a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, a transfer of commercial floor area from a C6 District to a C2 District may be permitted;

(2)        location of buildings without regard for the applicable yard, court, distance between buildings, or height and setback regulations;

(3)        variation in the location of primary business entrances and show windows along frontages adjacent to zoning lots outside the large-scale general development without regard to regulations applicable near Residence District boundaries;

(4)        the maximum floor area ratio permitted pursuant to Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) for the applicable district without regard for height factor or open space ratio requirements, provided that the large-scale general development is located partially in a C6-1, C6-2 or C6-3 District within the boundaries of Community Districts 2 or 7 in Manhattan or located within a C4-4 District within the boundaries of Queens Community District 7 and that a minimum of 50 percent of the required open space is provided within the large-scale general development. Required open space for the purposes of this paragraph (a)(4) shall be calculated by utilizing the smallest open space ratio at the maximum floor area ratio, pursuant to Section 23-142 for the applicable district;

(5)        in an Inclusionary Housing designated area in a C4-6 or C5 District:

(i)        a portion of the lot area that contains a wholly commercial building to be excluded from the calculation of floor area for any other buildings on the remainder of the zoning lot; or

(ii)        community facility floor area located above the ground floor to be excluded from the calculation of the amount of affordable housing required pursuant to Section 23-95;

(6)        modification of the requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) for developments or enlargements, where:

(i)        the required minimum distance as set forth in Section 23-86 is provided between the legally required window in the development or enlargement and a wall or lot line on an abutting property; and

(ii)        the required minimum distance is provided by a light and air easement acceptable to the Department of City Planning and recorded in the County Clerk's office in the county in which such tracts of land are located;

(7)        modification of the definition of outer court in Section 12-10 (DEFINITIONS) and the provisions of Section 23-84 (Outer Court Regulations) to include any open area that is bounded on all sides but one by building walls and is not otherwise a yard or an inner court, provided that:

(i)        such modifications are permitted only for large-scale general developments, previously approved by the Commission, in a C4-7 District within the boundaries of Manhattan Community District 7; and

(ii)        the minimum distance between a legally required window facing onto such outer court and a building wall shall be 30 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening;

(8)        in an Inclusionary Housing designated area in a C4-7 District within the boundaries of Manhattan Community District 7, for the purpose of applying the Inclusionary Housing Program within such Inclusionary Housing designated area, as set forth in a restrictive declaration:

(i)        modification of the base and maximum floor area ratios specified in Section 23-154 (Inclusionary Housing), not to exceed the maximum floor area ratios permitted by the underlying district, based on a proportionality between affordable floor area, as defined in Section 23-911, and residential floor area in buildings containing multiple uses; and

(ii)        modification of the requirements regarding distribution of affordable housing units, as defined in Section 23-911, specified in paragraph (b) of Section 23-96 (Requirements for Generating Sites or MIH Sites);

(9)        within the boundaries of Community District 3 in the Borough of the Bronx, portions of any building, at any level, that contain permitted or required accessory off-street parking spaces, to be excluded from the calculation of lot coverage;

(10)        for a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, waiver of the planting requirements of Section 23-892 (In R6 through R10 Districts), provided the area between the street line and the street walls of the building and their prolongations is to be improved as a publicly accessible widened sidewalk;

(11)        wholly within a C1-9 District entirely within the boundaries of Community District 8 in Manhattan, for a predominantly community facility development, a floor area bonus not to exceed 20 percent of the maximum floor area ratio permitted by the underlying district regulations where, in connection with such development, an improvement to a public park located within the same Community District and within a one mile radius of the proposed development is provided in accordance with the provisions of this Section.

(i)        A request for such bonus floor area shall be accompanied by:

(a)        a site plan for a public park improvement, transmitted by the Commissioner of Parks and Recreation, sufficient in detail and scope with respect to the work necessary to complete such public park improvement, to enable the City Planning Commission to determine the appropriate amount of bonus floor area to be granted to the development; and

(b)        a letter from the Commissioner of Parks and Recreation stating:

(i)        the selection of the public park for the public park improvement has been informed by community input in the form of consultation or an existing plan;

(ii)        such public park improvement provides an appropriate amenity for the surrounding area; and

(iii)        that, absent funding to be provided by the applicant, such public park improvement is unlikely to be made in the foreseeable future.

(ii)        Prior to a determination as to whether to grant the special permit, the City Planning Commission shall have received from the Commissioner of Parks and Recreation:

(a)        any revisions to the site plan for the public park improvement or a statement that the site plan provided in the application is unchanged; and

(b)        a letter that shall include:

(i)        cost estimates for the public park improvement; and

(ii)        a statement that the funding to be provided by the applicant, in combination with any other available funding, is adequate for completion of the necessary infrastructure, landscape and other work necessary to complete the public park improvement; or

(12)        within the boundaries of Community District 1 in the Borough of Queens, in the area generally north of 30th Road and west of 8th Street, within the Hallets Point Peninsula, the floor area distribution from a zoning lot containing existing public housing buildings, provided that upon approval of a large-scale general development there exists unused floor area on a separate parcel of land with existing light industrial buildings in an amount equivalent to, or in excess of, the floor area approved for distribution and further provided:  

(i)        such parcel shall be made part of such zoning lot upon approval of such large-scale general development, pursuant to the definition of zoning lot in Section 12-10, paragraph (d); and

(ii)        the existing light industrial buildings on the separate parcel of land are demolished.

(b)        In order to grant a special permit pursuant to this Section for any large-scale general development, the Commission shall find that:

(1)        the distribution of floor area, open space, dwelling units, rooming units and the location of buildings, primary business entrances and show windows will result in a better site plan and a better relationship among buildings and open areas to adjacent streets, surrounding development, adjacent open areas and shorelines than would be possible without such distribution and will thus benefit both the occupants of the large-scale general development, the neighborhood and the City as a whole;

(2)        the distribution of floor area and location of buildings will not unduly increase the bulk of buildings in any one block or unduly obstruct access of light and air to the detriment of the occupants or users of buildings in the block or nearby blocks or of people using the public streets;

(3)        where a zoning lot of a large-scale general development does not occupy a frontage on a mapped street, appropriate access to a mapped street is provided;

(4)        considering the size of the proposed large-scale general development, the streets providing access to such large-scale general development will be adequate to handle traffic resulting therefrom;

(5)        when the Commission has determined that the large-scale general development requires significant addition to existing public facilities serving the area, the applicant has submitted to the Commission a plan and timetable to provide such required additional facilities. Proposed facilities that are incorporated into the City's capital budget may be included as part of such plan and timetable;

(6)        where the Commission permits the maximum floor area ratio in accordance with the provisions of paragraph (a)(4) of this Section, the open space provided is of sufficient size to serve the residents of new or enlarged buildings. Such open space shall be accessible to and usable by all residents of such new or enlarged buildings, have appropriate access, circulation, seating, lighting and paving, and be substantially landscaped. Furthermore, the site plan of such large-scale general development shall include superior landscaping for open space of the new or enlarged buildings;

(7)        where the Commission permits the exclusion of lot area or floor area in accordance with the provisions of paragraph (a)(5) of this Section or modification of the base and maximum floor area ratios or requirements regarding distribution of affordable housing units in accordance with paragraph (a)(8) of this Section, such modification will facilitate a desirable mix of uses in the large-scale general development and a plan consistent with the objectives of the Inclusionary Housing Program and those of Section 74-74 (Large-scale General Development) with respect to better site planning;

(8)        where the Commission permits portions of buildings containing accessory parking spaces to be excluded from the calculation of lot coverage in accordance with the provisions of paragraph (a)(9) of this Section, the exclusion of lot coverage will result in a better site plan and a better relationship among buildings and open areas than would be possible without such exclusion and therefore will benefit the residents of the large-scale general development;

(9)        where the Commission permits a floor area bonus for a public park improvement in accordance with the provisions of paragraph (a)(11) of this Section:

(i)        the amount of such bonus floor area is appropriate in relation to the size and quality of the proposed public park improvement; and  

(ii)        such bonus floor area will not unduly increase the bulk of buildings on the zoning lot or unduly obstruct access of light and air to the detriment of the occupants or users of buildings on the block or nearby blocks or of people using the public streets.

Grant of a floor area bonus for a public park improvement in accordance with the provisions of paragraph (a)(11) of this Section shall be conditioned upon adequate assurances for provision of the funding identified by the Commissioner of Parks and Recreation in a letter pursuant to paragraph (a)(11)(ii) of this Section as necessary for completion of the necessary infrastructure, landscape and other work for the public park improvement. The Commissioner of Buildings shall not issue a building permit for the large-scale development unless the Commissioner of Parks and Recreation shall have certified that the funding has been made or secured in a manner acceptable to such Commissioner;

(10)        a declaration with regard to ownership requirements in paragraph (b) of the large-scale general development definition in Section 12-10 (DEFINITIONS) has been filed with the Commission; and

(11)        where the Commission permits floor area distribution from a zoning lot containing existing light industrial buildings to be demolished in accordance with the provisions of paragraph (a)(12) of this Section, such floor area distribution shall contribute to better site planning of the waterfront public access area and shall facilitate the development of affordable housing units within a large-scale general development.

Within Manhattan Community District 2, within the former Washington Square Southeast Urban Renewal Area, where the Commission has approved a large-scale general development and a lot line of such large-scale general development coincides with the boundary of a mapped public park, such lot line shall be considered to be a street line of a wide street for the purposes of applying all use and bulk regulations of this Resolution.

In addition, within Manhattan Community District 2, where the Commission has approved a large-scale general development located partially within a C2-7 District, if any open space approved pursuant to paragraph (a)(4) of Section 74-743 is subsequently mapped as a park and transferred to City ownership, the open space requirement approved for such large-scale general development pursuant to paragraph (a)(4) of Section 74-743 shall be reduced by the area of such public park.

Within Community District 1 in the Borough of Queens, the Commission may prescribe additional conditions to ensure that the purpose of the Inclusionary Housing program as set forth in Section 23-92 (General Provisions) is achieved in a large-scale general development. The Commission may establish procedures resulting in limiting the amount of affordable floor area utilizing public funding that may count toward satisfying the affordable floor area required in paragraph (c)(2) of Section 23-154. Any such procedures established by the Commission shall be set forth in the restrictive declaration required in connection with the grant of a special permit for such large-scale general development.

For a phased construction program of a multi-building complex, the Commission may, at the time of granting a special permit, require additional information, including but not limited to a proposed time schedule for carrying out the proposed large-scale general development, a phasing plan showing the distribution of bulk and open space and, in the case of a site plan providing for common open space, common open areas or common parking areas, a maintenance plan for such space or areas and surety for continued availability of such space or areas to the people they are intended to serve.

The Commission may prescribe additional conditions and safeguards to improve the quality of the large-scale general development and to minimize adverse effects on the character of the surrounding area.

(a)        Use modifications

(1)        Waterfront and related commercial uses

In a C4 District, the City Planning Commission may modify applicable district regulations to allow certain boating and related uses listed in Use Group 14A, not otherwise allowed in such district, provided the Commission shall find that:

(i)        the uses are appropriate for the location and blend harmoniously with the rest of the large-scale general development; and

(ii)        the streets providing access to such uses will be adequate to handle the traffic generated thereby.

(2)        Automotive sales and service uses

For large-scale general developments, previously approved by the Commission, in a C4-7 District within the boundaries of Manhattan Community District 7, Commission may modify applicable district regulations to allow automotive sales and service establishments that include repair services and preparation for delivery, provided the Commission shall find that:

(i)        the portion of the establishment used for the servicing and preparation of automobiles is located entirely in a cellar level and below grade or established curb level, and the ground floor level of such establishment is used only for showrooms and sales;

(ii)        sufficient indoor space for storage of vehicles for sale or service has been provided; and

(iii)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic or adversely affect pedestrian movement.

(3)        Retail establishments

For a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, the Commission may modify applicable district regulations to allow Use Groups 10, 11A and 12A, except for arenas or auditoriums, skating rinks, public auction rooms, trade expositions and stadiums, provided the Commission finds that:

(i)        such uses will not impair the character of future uses or development of the surrounding area; and

(ii)        the streets providing access to such uses will be adequate to handle the traffic generated thereby.

(4)        Physical culture or health establishments

For a large-scale general development located within an MIH site, in a C4 District within Queens Community District 14, physical culture or health establishments shall be permitted as-of-right. The special permit provisions of Section 73-36 (Physical Culture or Health Establishments) shall not apply.

(b)        Location of commercial uses

For any large-scale general development, the Commission may permit residential and non-residential uses to be arranged within a building without regard for the regulations set forth in Section 32-42 (Location Within Buildings), provided the Commission shall find that:

(1)        the commercial uses are located in a portion of the mixed building that has separate access to the outside with no opening of any kind to the residential portion of the building at any story;

(2)        the commercial uses are not located directly over any story containing dwelling units; and

(3)        the modifications shall not have any adverse effect on the uses located within the building.

(c)        Modifications of sign regulations

(1)        In all Commercial or Manufacturing Districts, the Commission may, for developments or enlargements subject to the provisions of paragraphs (a)(1), (a)(2) or (a)(3) of Section 74-743 (Special provisions for bulk modification), permit the modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions), 32-65 (Permitted Projection or Height of Signs), 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways), 42-53 (Surface Area and Illumination Provisions), 42-54 (Permitted Projection or Height of Signs), 42-55 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways) and the limitations on the location of signs in Sections 32-51 and 42-44 (Limitations on Business Entrances, Show Windows or Signs), provided the Commission finds that such modification will result in a better site plan.

(2)        For a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, the Commission, by authorization, may make the sign regulations of a C6-1 District applicable to those portions of such large-scale general development within a C2 District, and in addition, may modify the provisions of Section 32-68 (Permitted Signs on Residential or Mixed Buildings) to allow signs accessory to non-residential uses above the level of the finished floor of the third story, provided such signs do not exceed a height of 40 feet above curb level. In order to grant such authorizations, the Commission shall find that such modifications are consistent with the amount, type and location of commercial uses that the Commission finds appropriate within such large-scale general development.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the development.

For a large-scale general development the City Planning Commission may permit:

(a)        Modification of location requirements


When a large-scale general development includes two or more zoning lots, the Commission may permit required or permitted accessory off-street parking spaces, bicycle parking spaces or loading berths to be located anywhere within a large-scale general development without regard for zoning lot lines, provided that the Commission shall find:

(1)        such off-street parking spaces, bicycle parking spaces and loading berths will be conveniently located in relation to the use to which such spaces or berths are accessory;

(2)        such location of off-street parking spaces, bicycle parking spaces and loading berths will result in a better site plan; and

(3)        such location of off-street parking spaces, bicycle parking spaces and loading berths will not unduly increase the number of spaces in any single block, draw excessive traffic through local streets, or otherwise adversely affect traffic conditions in the surrounding area.

Whenever required off-street parking spaces, bicycle parking spaces and loading berths are permitted to be located without regard for zoning lot lines in accordance with the provisions of this Section, the number of spaces required for each building shall be kept available for such building throughout its life.

(b)        Waiver or reduction of loading berth requirements


For zoning lots in a large-scale general development, located either within a Special Mixed Use District in Community District 2 in the Borough of The Bronx, or within a waterfront area pursuant to paragraph (b) of Section 62-132, in Community District 1 in the Borough of Brooklyn, where such zoning lots in the waterfront area contain one or more retail or service uses listed in Use Group 6A, 6C, 7B, 8B, 9A, 10A, 12B, 14A or 16A, and where no single such establishment in the waterfront area exceeds 8,500 square feet in floor area, the Commission may waive or reduce the number of required loading berths, provided that:

(1)        curbside deliveries will not create or contribute to serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not interfere with the efficient functioning of nearby uses;

(2)        an efficient goods receiving system will be implemented within the commercial establishment to expedite the movement of goods from the curb to areas within the establishment;

(3)        such modification allows for a better relationship between the street walls of the building containing such establishment and the adjacent sidewalk and surrounding area; and

(4)        such modification will not impair or adversely affect the development of the surrounding area.

(c)        Reduction of parking requirements

For buildings on zoning lots in a large-scale general development, within R7-2 Districts in Community District 1 in the Borough of the Bronx, that contain an affordable independent residence for seniors, the Commission may waive or reduce the number of required accessory off-street parking spaces, including any spaces previously required for an existing building, provided that the Commission finds that:

(1)        the anticipated automobile ownership patterns for residents of such affordable independent residence for seniors are minimal and that such waiver or reduction is warranted;

(2)        such waiver or reduction of parking spaces will not have undue adverse impacts on the residents, businesses or community facilities in the surrounding area; and

(3)        such waiver or reduction of parking spaces will result in a better site plan with better quality open areas.

In determining the amount of parking spaces to waive or reduce, the Commission may take into account current automobile ownership patterns for an existing affordable independent residence for seniors on the zoning lot, as applicable.

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

Within a large-scale general development, when the volume above a street, or portion thereof, has been eliminated, discontinued and closed, the City Planning Commission may permit such volume to be considered part of an adjoining zoning lot and may allow, within such volume, a development or enlargement that is part of a building or buildings in the large-scale general development. In no event shall such volume contribute to the amount of lot area counted for the purposes of qualifying as a large-scale general development or generating any floor area.

(a)        The following conditions must be met for the development or enlargement to be permitted in such volume:

(1)        a satisfactory ventilation plan consistent with the requirements of New York City's Departments of Transportation and Environmental Protection is provided for the street below the volume;

(2)        an illumination of at least five foot candles at the curb level is provided for the street below the volume; and

(b)        In order to grant the special permit, the Commission shall find that the development or enlargement in such volume:

(1)        is functionally necessary or will improve the internal circulation within the large-scale general development, or will improve vehicular or pedestrian circulation on adjacent streets;

(2)        will not adversely impact the continued use of the street;

(3)        will not have an adverse impact on the essential character or future use or development of the adjacent area; and

(4)        will not unduly obstruct any significant scenic view.

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

Any development or enlargement granted a special permit by the City Planning Commission under previous Section 74-74 (Commercial Development Extending into More than One Block) prior to February 22, 1990, may be started or continued pursuant to that special permit.

The Commission may administratively, upon application, allow modifications of the special permit granted under previous Section 74-74 (Commercial Development Extending into More than One Block) before February 22, 1990.

In no event may the Commission grant a modification of a special permit approved prior to February 22, 1990, that would require additional bulk distribution among zoning lots or modification of the height and lot coverage limitations previously established. Any modifications exceeding the limitations set forth herein shall be subject to the provisions of the new Section 74-74 (Large-scale General Development).

No existing publicly accessible open area or other public amenity for which a floor area bonus or any increase in tower coverage above 40 percent of the lot area of the zoning lot has been received under previous Section 74-74 (Commercial Development Extending into More than One Block) prior to February 22, 1990, shall be eliminated or reduced in size except by special permit of the Commission pursuant to a finding that a proposed change will provide a greater public benefit in the light of the public amenity's purpose.

Any sign shown on a site plan incorporated as part of a special permit of the Commission under the provisions of Section 74-74 (Large-scale General Development) prior to February 27, 2001, may be erected and maintained in accordance with such special permit.

In R5, R6, R7, R8, R9 or R10 Districts, in C1 or C2 Districts mapped within such Residence Districts, or in C1-6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4, C5, C6 or C7 Districts, for combined school and residences including air rights over schools built on a zoning lot owned by the New York City Educational Construction Fund, the City Planning Commission may permit utilization of air rights; modify the requirements that open area be accessible to and usable by all persons occupying a dwelling unit or rooming unit on the zoning lot in order to qualify as open space; permit ownership, control of access and maintenance of portions of the open space to be vested in the New York City Educational Construction Fund or City agency successor in title; permit modification of yard regulations and height and setback regulations; permit the distribution of lot coverage without regard for zoning lot lines for a zoning lot containing the Co-op Tech High School in Manhattan Community District 11; authorize the total floor area, open space, dwelling units or rooming units permitted by the applicable district regulations on such site to be distributed without regard for district boundaries; and authorize an increase of 25 percent in the number of dwelling units or rooming units permissible under the applicable district regulations. For the purposes of this Section, a zoning lot owned by the New York City Educational Construction Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school listed in the following table.

School

Community District

P.S. 151

CD 8, Manhattan

The total number of dwelling units or rooming units and residential floor area shall not exceed that permissible for a residential building on the same zoning lot.

The distribution of bulk on the zoning lot shall permit adequate access of light and air to the surrounding streets and properties.

As further conditions for such modifications:

(a)        the school and the residence shall be developed as a unit in accordance with a plan approved by the Commission;

(b)        at least 25 percent of the total open space required by the applicable district regulations, or such greater percentage as may be determined by the Commission to be the appropriate minimum percentage, shall be accessible exclusively to the occupants of such residence and under the direct control of its management;

(c)        notwithstanding the provisions of Section 23-12 (Permitted Obstructions in Open Space), none of the required open space shall include driveways, private streets, open accessory off-street parking spaces or open accessory off-street loading berths; and

(d)        the Commission shall find that:

(1)        a substantial portion of the open space which is not accessible exclusively to the occupants of such residence will be accessible and usable by them on satisfactory terms part-time;

(2)        playgrounds, if any, provided in conjunction with the school will be so designed and sited in relation to the residence as to minimize any adverse effects of noise; and

(3)        all open space will be arranged in such a way as to minimize friction among those using open space of the buildings or other structures on the zoning lot.

The Commission shall give due consideration to the landscape design of the open space areas. The Commission shall also give due consideration to the relationship of the development to the open space needs of the surrounding area and may require the provision of a greater amount of total open space than the minimum amount required by the applicable district regulation where appropriate for the purpose of achieving the open space objectives of the Residence District regulations.

The Commission may prescribe other appropriate conditions and safeguards to enhance the character of the surrounding area.

In C6-9 Districts within the Special Downtown Brooklyn District, for developments, enlargements or conversions that include one or more schools on a tract of land owned by the New York City Educational Construction Fund, the City Planning Commission may permit the modifications set forth in paragraph (a) of this Section. For the purposes of this Section, a tract of land owned by the New York City Educational Construction Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school.

(a)        Modifications

The Commission may modify:

  1. applicable ground floor use regulations;
  1. in a Mandatory Inclusionary Housing area, the affordable housing requirements of paragraph (d) of Section 23-154 (Inclusionary Housing);
  1. other bulk regulations, except that the maximum permitted floor area ratio may not be increased; and
  1. accessory off-street parking and loading berth requirements.

(b)        Findings

To grant a special permit pursuant to this Section, the Commission shall find that:

(1)        such modifications will facilitate the construction of one or more schools on the zoning lot;

(2)        such ground floor use modifications will improve the layout and design of the school or schools, shall not have an adverse effect on the uses located within any portion of the zoning lot and will not impair the essential character of the surrounding area;

(3)        such modifications to the affordable housing requirements in a Mandatory Inclusionary Housing area will facilitate significant public infrastructure or public facilities, including one or more schools, addressing needs that are not created by the proposed development, enlargement or conversion;

(4)        such bulk modifications will result in a better site plan for the school or schools and will have minimal adverse effects on the surrounding area;

(5)        such parking and loading modifications will improve the layout and design of the school and will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area.

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

In all districts, the City Planning Commission may, by special permit, allow the elimination or reduction in size of any existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, provided that such reduction or elimination shall not create a floor area non-compliance on the zoning lot.

In granting such special permit, the Commission shall find that:

(a)        such elimination or reduction is adequately compensated by the substitution of another public amenity or improvement on the zoning lot that shall provide equal or increased public benefit; and

(b)        for publicly accessible open areas any remaining bonused open area will comply to the maximum extent feasible with the standards of public plazas as set forth in Section 37-70.

However, the Commission may waive the provisions of paragraph (b) of this Section if it finds that such standards for public plazas would compromise the design integrity of the publicly accessible open area or would result in the loss of significant design elements or character that are integral components of the publicly accessible open area's design.

The Commission may prescribe additional conditions to enhance the relationship of public open areas, buildings or other amenities on the zoning lot, to the surrounding areas.

In C6-1, C6-2, C6-3 or C6-4 Districts, for alterations or additions to existing buildings, to be occupied as living and working quarters by artists engaged in the visual or performing arts, with or without related community studio space, the City Planning Commission may permit residential and non-residential uses to be arranged within the building without regard for the regulations set forth in Section 32-42 (Location Within Buildings). For alterations of such buildings but not for additions, the Commission may permit modifications of the regulations set forth in Sections 23-81 to 23-87, inclusive, relating to Court Regulations and Minimum Distance between Windows or Walls or Lot Lines and may permit modification of the requirements set forth in Sections 23-40 to 23-47, inclusive, relating to rear and side yard regulations.

As a condition precedent to the grant of such special permit, the Commission shall make the following findings:

(a)        that the location, design and construction of such building particularly suit it to use as an artists' center, and that full realization of these advantages requires modification of the regulations controlling arrangement of residential and non-residential uses within the building, or modification of the court regulations or the required distance between legally required windows and existing walls or lot lines, or modification of the rear and side yard requirements; and

(b)        that an organization has been established for assuring that the dwelling units will be occupied by persons who qualify as artists.

For the purposes of this Section, non-commercial studio space for use in common by artists residing in the building may be classified as a community facility use.

In M1-5A and M1-5B Districts, the City Planning Commission may, after public notice and hearing and subject to Board of Estimate approval, permit modification of Section 42-14, paragraphs D.(1)(c), D.(1)(d), D.(2)(a) or D.(2)(b), provided that the Commission finds that the owner of the space, or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such efforts shall include but not be limited to: advertising in local and citywide press, listing the space with brokers and informing local and citywide industry groups. Such efforts shall have been actively pursued for a period of no less than six months for buildings under 3,600 square feet and one year for buildings over 3,600 square feet, prior to the date of the application for a special permit.

In C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts, the City Planning Commission may permit modification of the requirements of Sections 15-021, paragraph (e), or 15-21, and in M1-5A and M1-5B Districts, the Commission may permit modification of the requirements of Section 42-14, paragraph D.(1)(b), provided that the Commission finds that:

(a)        the conversion will not harm the industrial sector of the City's economy;

(b)        the applicant for the special permit or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such effort shall have been actively pursued for a minimum of one year immediately preceding the application. A good faith effort shall include, but not be limited to, advertising in local and citywide press, listing the space with brokers doing business in the industrial real estate market and informing local and citywide industry groups. The applicant shall provide records showing the specific efforts to rent such space;

(c)        there is sufficient alternative space to meet the needs of commercial and manufacturing uses in the area. The vacancy rate for industrial space in the area shall be one evidentiary element to prove the availability of alternative space;

(d)        City, State and Federal economic development programs, to the extent applicable, had been explored and found not suitable;

(e)        the commercial and industrial tenants were given the opportunity by the applicant, or predecessor in title, to remain in the spaces at fair market rentals, and the property owner or predecessor in title did not cause the vacating of the space for the additional conversion;

(f)        the neighborhood in which the conversion is taking place will not be excessively burdened by increased residential activity; and

(g)        all dwelling units or joint living-work quarters for artists permitted by this special permit meet the standards of the applicable district for such units or quarters.

If the Commission determines that floor area in the building, or portion thereof, was occupied as dwelling units or joint living-work quarters for artists on September 1, 1980, findings (b), (c), (d) and (e) of this Section shall not be required for the grant of a special permit for such floor area, provided that a complete application to prove occupancy as a dwelling unit or joint living-work quarters for artists is submitted to Commission by the owner of the building or the occupant of a dwelling unit or joint living-work quarters for artists in such buildings not later than June 21, 1983. In addition, the Commission must find that there is no substantial evidence that the landlord forced commercial or manufacturing tenants to vacate such floor area through harassment, non-renewal of leases or the charging of rents in excess of the then fair market value. Notwithstanding anything to the contrary above, the Commission shall not grant or deny a special permit pursuant to the provisions of this Section unless an application for such special permit has been submitted by the owner of the building.

The Commission shall request a report from the Office of Economic Development regarding information useful in making findings (a), (b), (c), (d) and (e) of this Section. Said report is to be provided within 30 days of the Commission's request.

In granting the special permit under this Section, the Commission shall require the preservation of the maximum amount of floor area for commercial or manufacturing uses that the Commission deems feasible.

In all districts except R1, R2, R3, R4 or R5 Districts or C1 or C2 Districts mapped within such districts, for developments or enlargements, the City Planning Commission may permit development rights to be transferred to adjacent lots from lots occupied by landmark buildings or other structures, may permit the maximum permitted floor area on such adjacent lot to be increased on the basis of such transfer of development rights, may permit, in the case of developments or enlargements containing residences, the minimum required open space or the density requirements to be reduced on the basis of such transfer of development rights, may permit variations in the front height and setback regulations and the regulations governing the size of required loading berths, and minor variations in public plaza, arcade and yard regulations, for the purpose of providing a harmonious architectural relationship between the development or enlargement and the landmark building or other structure.

Where a zoning lot occupied by a landmark building or other structure is located in a Residence District, the Commission may modify the applicable regulation of primary business entrances, show windows, signs and entrances and exits to accessory off-street loading berths on the "adjacent lot" in a Commercial District provided that such modifications will not adversely affect the harmonious relationship between the building on the "adjacent lot" and landmark building or other structure.

For the purposes of this Section, the term "adjacent lot" shall mean a lot that is contiguous to the lot occupied by the landmark building or other structure or one that is across a street and opposite the lot occupied by the landmark building or other structure, or, in the case of a corner lot, one that fronts on the same street intersection as the lot occupied by the landmark building or other structure. It shall also mean, in the case of lots located in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts, a lot contiguous or one that is across a street and opposite to another lot or lots that except for the intervention of streets or street intersections, form a series extending to the lot occupied by the landmark building or other structure. All such lots shall be in the same ownership (fee ownership or ownership as defined under zoning lot in Section 12-10).

A "landmark building or other structure" shall include any structure designated as a landmark by the Landmarks Preservation Commission and the Board of Estimate pursuant to Chapter 8-A of the New York City Charter and Chapter 8-A of the New York City Administrative Code, but shall not include those portions of zoning lots used for cemetery purposes, statues, monuments and bridges. No transfer of development rights is permitted pursuant to this Section from those portions of zoning lots used for cemetery purposes, any structures within historic districts, statues, monuments or bridges.

The grant of any special permit authorizing the transfer and use of such development rights shall be in accordance with all the regulations set forth in Sections 74-791 (Requirements for application), 74-792 (Conditions and limitations) and 74-793 (Transfer instruments and notice of restrictions).

An application to the City Planning Commission for a grant of a special permit to allow a transfer of development rights and construction based thereon shall be made by the owners of the respective zoning lots and shall include: a site plan of the landmark lot and the adjacent lot, including plans for all developments or enlargements on the adjacent lot; a program for the continuing maintenance of the landmark; and such other information as may be required by the City Planning Commission. The application shall be accompanied by a report from the Landmarks Preservation Commission.

A separate application shall be filed for each independent "adjacent lot" to which development rights are being transferred under this Section.

(a)        For the purposes of this Section, except in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts, the basic maximum allowable floor area for a zoning lot occupied by a landmark shall be the maximum floor area allowed by the applicable district regulations on maximum floor area ratio or minimum required open space ratio and shall not include any additional floor area allowed for public plazas, arcades or any other form of bonus whether by right or special permit.

(b)        The maximum amount of floor area that may be transferred from any zoning lot occupied by a landmark building shall be computed in the following manner:

(1)        the maximum allowable floor area that could be built for buildings other than community facility buildings under existing district regulations on the same zoning lot if it were undeveloped;

(2)        less the total floor area of all buildings on the landmark lot;

(3)        the figure computed from paragraphs (a) and (b) of this Section, inclusive, shall be the maximum amount that may be transferred to any one or number of adjacent lots; and

(4)        unutilized floor area may be transferred from one or any number of zoning lots occupied by a landmark building to one or any number of zoning lots adjacent to the landmark lot so as to increase the basic maximum allowable floor area that may be utilized on such adjacent zoning lots. For each such adjacent zoning lot, the increase in floor area allowed under the provisions of this Section shall in no event exceed the basic maximum floor area allowable on such adjacent zoning lot by more than 20 percent.

(c)        When adjacent lots are located in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts and are to be developed or enlarged with commercial buildings, the following conditions and limitations shall apply:

(1)        the maximum amount of floor area that may be transferred from any zoning lot occupied by a landmark building shall be the maximum floor area allowed by Section 33-12 for commercial buildings on said landmark zoning lot, as if it were undeveloped, less the total floor area of all existing buildings on the landmark zoning lot;

(2)        for each such adjacent zoning lot, the increase in floor area allowed by the transfer pursuant to this Section shall be over and above the maximum floor area allowed by the applicable district regulations; and

(3)        the City Planning Commission may require, where appropriate, that the design of the development or enlargement include provisions for public amenities such as, but not limited to, open public spaces, subsurface pedestrian passageways leading to public transportation facilities, public plazas and arcades.

(d)        In any and all districts, the transfer once completed shall irrevocably reduce the amount of floor area that can be utilized upon the lot occupied by a landmark by the amount of floor area transferred. In the event that the landmark's designation is removed or if the landmark building is destroyed, or if for any reason the landmark building is enlarged or the landmark lot is redeveloped, the lot occupied by a landmark can only be developed or enlarged up to the amount of permitted floor area as reduced by the transfer.

(e)        As a condition of permitting such transfers of development rights, the Commission shall make the following findings:

(1)        that the permitted transfer of floor area or variations in the front height and setback regulations will not unduly increase the bulk of any development or enlargement, density of population or intensity of use in any block to the detriment of the occupants of buildings on the block or nearby blocks, and that any disadvantages to the surrounding area caused by reduced access of light and air will be more than offset by the advantages of the landmark's preservation to the local community and the City as a whole;

(2)        that the program for continuing maintenance will result in the preservation of the landmark; and

(3)        that in the case of landmark sites owned by the City, State or Federal Government, transfer of development rights shall be contingent upon provision by the applicant of a major improvement of the public pedestrian circulation or transportation system in the area.

The Commission shall give due consideration to the relationship between the landmark building and any buildings developed or enlarged on the adjacent lot regarding materials, design, scale and location of bulk.

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

The owners of the landmark lot and the adjacent lot shall submit to the City Planning Commission a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer. Notice of the restrictions upon further development or enlargement on the lot occupied by the landmark and the adjacent lot shall be filed by the owners of the respective lots in the place and county designated by law for the filing by the owners of the respective lots in the place and county designated by law for the filing of deeds and restrictions on real property, a certified copy of which shall be submitted to the Commission.

Both the instrument of transfer and the notice of restrictions shall specify the total amount of floor area to be transferred, and shall specify, by lot and block numbers, the lots from which and the lots to which, such transfer is made.

In R10H Districts, the City Planning Commission may permit transient hotels. Where a building in existence on December 15, 1961, is located on a zoning lot, a substantial portion of which is located in an R10H District and the remainder in a Commercial District, the Commission may also permit the conversion of specified floor area within such building from residential use to transient hotel use without regard to the floor area, supplementary use or density regulations otherwise applicable in the Commercial District. The Commission may also allow any subsequent conversion of such specified floor area to and from residential or transient hotel use to occur without further Commission approval, subject to the conditions of the special permit.

As a condition precedent to the granting of such use or bulk modifications, the Commission shall find that such modifications will not impair the essential character of the Residence District.

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

In M1-6D Districts, in areas that have not met the residential development goal set forth in paragraph (a) of Section 42-483 (Commercial uses), the City Planning Commission may permit developments or enlargements of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with Section 42-481 (Residential use), provided the Commission finds that:  

(a)        a sufficient development site is available in the area to meet the residential development goal; or

(b)        a harmonious mix of residential and non-residential uses has been established in the area, and such transient hotel resulting from a development or enlargement is consistent with such character of the surrounding area.

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

In M1 Districts, pursuant to Section 42-111 (Special provisions for hotels in M1 Districts), transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be permitted only by special permit of the City Planning Commission. In order to grant such special permit, the Commission shall find that:

(a)        the site plan incorporates elements that address any potential conflicts between the proposed use and adjacent uses, such as the location of the proposed access to the building and to service areas for refuse and laundry, and the building's orientation and landscaping;

(b)        the site plan demonstrates that the proposed street wall location and the design and landscaping of any area of the zoning lot between the street line and all street walls of the building and their prolongations will result in a site design that does not impair the character of the existing streetscape;

(c)        such use will not cause undue vehicular or pedestrian congestion on local streets or unduly inhibit vehicular or pedestrian movement or loading operations; and

(d)        such use will not impair the essential character including, but not limited to, existing industrial businesses, or future use or development of the surrounding area.

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

The related accessory social and welfare facilities minimum requirement, as set forth in Section 12-10 (DEFINITIONS - Affordable Independent Residences for Seniors) may be reduced or waived in any affordable independent residence for seniors as to which the City Planning Commission makes the following findings:

(a)        the proposed affordable independent residence for seniors is an addition to or enlargement or expansion of an existing affordable independent residences for seniors and is located on a zoning lot no portion of which is more than 1,500 feet from the existing affordable independent residence for seniors;

(b)        both affordable independent residences for seniors will be owned, operated and maintained by the same sponsoring organization;

(c)        the existing affordable independent residence for seniors contains related social and welfare facilities which will be used to adequately and conveniently service tenants of both the existing and proposed affordable independent residence for seniors

The Commission may prescribe appropriate conditions and safeguards to enhance the character and purposes of the project.

In C4-7, C5-2, C5-3, C5-4, C5-5 and C6 Districts, the City Planning Commission may permit through block arcades to be located in commercial buildings or mixed buildings. For each square foot of through block arcade located in C4-7, C5-2, C5-4, C6-1, C6-2, C6-3, C6-4, C6-5 and C6-8 Districts, a bonus of three feet of floor area may be permitted and for each square foot of through block arcade located in C5-3, C5-5, C6-1A, C6-6, C6-7 and C6-9 Districts, a bonus of six feet of floor area may be permitted. Through block arcades may be located on a zoning lot in conjunction with a publicly accessible open area or an arcade but in no event shall the total floor area permitted on that zoning lot exceed the amount set forth in Section 33-12 (Maximum Floor Area Ratio) by more than 20 percent.

In the districts with an equivalent residential floor area ratio of 10, any floor area bonus earned by providing a through block arcade may be applied to increase the residential floor area of a mixed building provided the maximum floor area ratio for the residential portion does not exceed 12.0.

Each application for a through block arcade must meet the following criteria:

(1)        result in substantial improvement of pedestrian circulation; and

(2)        provide appropriate secondary commercial frontage along the through block arcade such as small shops and restaurants.

Bridges, mezzanines and balconies which add interest and function to the arcade without unduly obstructing its light and air may be incorporated in the proposal.

Lighting, paving, signs and plantings shall be specified in the application.

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

In all Commercial Districts, the City Planning Commission may permit modifications of the applicable bulk regulations so as to allow the same bulk regulations as would apply for a community facility building in the applicable Commercial District and may permit modifications of the applicable regulations in Sections 33-26 to 33-30, inclusive, relating to Yard Regulations or Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations. The Commission shall find that because of site limitations such modifications are necessary for the proper design and operation of the court house.

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

For zoning lots that are the subject of a site selection for a borough-based jail system pursuant to application C 190333 PSY, the City Planning Commission may, by special permit, allow modifications to the applicable regulations governing uses, bulk, including permitted floor area ratio, the permitted capacities of accessory off-street parking facilities and public parking garages, and off-street loading regulations, to facilitate construction of the proposed facilities. In order to grant such special permit, the Commission shall find that:

(a)        any use modifications will support the operation of the facility and will be compatible with the essential character of the surrounding area;

(b)        ground floor uses will be located in a manner that is inviting to the public and will integrate the facility within the surrounding community;

(c)        any increase in permitted floor area ratio will facilitate the development of the facility;

(d)        any bulk modifications will improve the interior layout and functionality of the facility;

(e)        such bulk modifications, including any increase in permitted floor area ratio, will have minimal adverse effects on access to light and air for buildings and open spaces in the surrounding area;

(f)        any modifications to the provisions of accessory off-street parking and loading regulations will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area; and

(g)        any modifications to the permitted capacity of public parking garages:

(1)        will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area; and

(2)        will provide adequate reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 20 percent of the total number of spaces up to 50 spaces, and five percent of any spaces in excess of 200, but in no event shall such reservoir space be required for more than 50 automobiles.

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

In C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8 or C6-9 Districts, the City Planning Commission may permit a zoning lot having a minimum area of 40,000 square feet or occupying an entire block to be developed to its maximum allowable bulk under applicable district regulations and any existing buildings to remain temporarily on that lot and may permit the floor area of any existing buildings to be excluded from computations determining such maximum allowable floor area, provided that each and every one of the following conditions are met:

(a)        that existing buildings with unexpired leasehold interests are located upon such zoning lot;

(b)        that all leases within the existing buildings must terminate within five years after the issuance of a special permit under this Section, and that no new leases or any lease renewals shall be entered into on any existing buildings or portion of such existing buildings;

(c)        that the total floor area of all such existing buildings on the zoning lot is not greater than 20 percent of the maximum allowable floor area for that zoning lot;

(d)        that demolition of all such existing buildings must commence within five years after the issuance of the special permit under this Section;

(e)        that the portions of the zoning lot where existing buildings are located and are to be demolished shall be redeveloped according to the approved site plan; and

(f)        that, until such time as demolition of all such existing buildings and completion of the approved site plans, floor area equal in amount to that which was located in such existing buildings, must be left unfinished and vacant in the new development; and a temporary certificate of occupancy, for the vacant space, shall remain in effect until all conditions in the special permit are satisfied.

The owner of the zoning lot shall submit a copy of all leases on any building or portion of any building on the zoning lot together with an opinion of counsel that the leases will terminate within five years.

All leases of such existing buildings or portions of buildings shall submit affidavits attesting to the expiration date of their leases together with an opinion of counsel that the lease will expire within five years.

The owner of the zoning lot shall have prominently displayed on the front of all existing buildings a sign stating the date that the building is to be demolished.

As a further condition for the issuance of a permit under this Section, the owner of the zoning lot, upon which new development is to take place, must post a bond or other security payable to the City of New York and approved by the Corporation Counsel sufficient in amount to:

(1)        cover the cost of demolishing the existing buildings should the owner fail to so demolish within the prescribed time;

(2)        ensure that all floor area which is to be vacant in the new development shall remain unfinished and vacant; and

(3)        ensure that no new leases or lease renewals are entered into on any portion of any of the existing buildings.

The bonds or other securities shall be payable to The City of New York if any of the above conditions are violated.

The Commission must find, with each grant for a special permit under this Section, that the development shall result in improved circulation and would eliminate the undesirable preemption of ground level space by private buildings or other structures. In making this finding, the Commission may consider the provision of improved connections to rapid transit facilities, where applicable.

The site plan accompanying each application for a grant of special permit under this Section shall include a schedule indicating the timetable of demolition of all existing buildings and the schedule of new development and other improvements on the zoning lot.

In all Residence Districts except R9 and R10 Districts, in C1 or C2 Districts mapped within all such Residence Districts except R9 and R10 Districts, or in C1-6, C1-7 or C2-6 Districts, for a staged development of public, or publicly assisted housing projects, the City Planning Commission may permit any existing occupied building to remain temporarily on a zoning lot, and may authorize the applicable bulk regulations of the underlying districts to apply to the entire zoning lot without regard to the existence of such temporary building if the following conditions are met:

(a)        that the entire zoning lot of such development is owned by the applicant;

(b)        that the development plan for the project, showing compliance with all provisions of this Resolution, has been approved by the Board of Estimate, or will be subject to Board of Estimate approval in conjunction with the application for a special permit under this Section;

(c)        that the number of existing dwelling units temporarily retained on a zoning lot are no more than the number of new dwelling units approved for construction on such zoning lot;

(d)        that no final certificate of occupancy shall be issued by the Department of Buildings for the new construction until all pre-existing buildings except those buildings which are to be retained in accordance with the approved development plan are vacated, demolished and their sites are redeveloped in accordance with the approved project plan;

(e)        that the use of this staged development process, rather than a method of development requiring compliance with this Resolution, is necessary to expedite the construction of new housing and to alleviate the City's relocation housing problems; and

(f)        that the final development complies with all the applicable regulations of the underlying districts of the Zoning Regulation.

The site plan accompanying each application for a grant of special permit under this Section shall include a schedule indicating the timetable of demolition of all existing buildings and the schedule of new development and other improvements on the zoning lot.

The Commission may prescribe appropriate conditions and safeguards to minimize any adverse effects on the character of the block and of the surrounding area resulting from the temporary non-conformity with the Resolution permitted pursuant to this Section.

In R10 Districts, in C1 or C2 Districts mapped within such Residence Districts, or in C1-9 or C2-8 Districts, for any development on a zoning lot which was all within single ownership on or before May 31, 1973, which contained a portion of its zoning lot mapped within an R8 District on or before May 31, 1973, which is located within the boundaries of Community Board 8 in the Borough of Manhattan, and which preserves and maintains existing on-site residential buildings, the City Planning Commission may grant, upon application resulting from joint efforts of a developer and on-site tenants, and after Community Board 8 has reviewed the architectural plans, a floor area bonus for public open area and relocation housing as set forth in this Section, and modify height and setback, yards, courts and distance between buildings regulations. The provisions of this Section shall not apply in any special purpose district, unless permitted by such special purpose district.

As a condition for granting a special permit for such development, the Commission shall make the following findings:

(a)        that the retention of existing residential buildings is essential to preserve the character of the neighborhood;

(b)        that the existing residential buildings are suitable for rehabilitation;

(c)        that no residential or community facility building existing prior to May 31, 1973, be demolished or residential tenants evicted, on a narrow street, if 50 percent or more of the floor area of such building is located beyond 125 feet from a street intersection;

(d)        that the relocation practices followed by the developer on the entire zoning lot satisfy applicable governmental standards;

(e)        that existing buildings or portions thereof contain dwelling units which will be available on a priority basis for occupancy by on-site tenants displaced by new construction or by rehabilitation after December 31, 1970, in accordance with an approved relocation, rehabilitation and continued maintenance program;

(f)        that any outstanding eviction notices have been withdrawn;

(g)        that on-site tenants have not been subject to harassment by intent or otherwise or where harassment has occurred, it has ceased as of the date of the application for the special permit hereunder;

(h)        that the dwelling units that are reserved for such relocation housing shall comply with an approved rent schedule;

(i)        that an agreement between the tenants and developers on the relocation plan has been reached which is satisfactory to two-thirds of the tenants on-site on the date of application for special permit hereunder;

(j)        that the development provides a minimum of 30 percent of the lot area of the zoning lot as public open area at curb level. Where site conditions preclude open area at curb level, such open area shall not at any point be more than five feet above nor more than eight feet below curb level of the street providing primary access to such area. The public open area shall be preferably on the southerly side of the lot unobstructed from its lowest level to the sky except as set forth in this Section, and directly accessible to the public from an adjoining street. Access to such public open area shall be clearly visible from the street. The said area shall contain lighting, landscaping, planting, pedestrian ways and sitting areas and be maintained in accordance with reasonable standards. Building columns or similar elements may be permitted but the aggregate area of such elements may not exceed two percent of the total public open area. Driveways, off-street parking spaces and loading berths and balconies are not permitted within the public open area:

(1)        for a development within 600 feet of a public park or playground having a minimum area of one acre, the minimum dimension of the public open area shall be at least 30 feet; access to such public area shall be at least 25 feet wide at the street line and the clear width of the walkway for pedestrian traffic shall not be less than 20 feet. The public open area may include covered or arcaded areas, total area of which shall not exceed 20 percent of the required public open area. Such arcaded or covered areas shall have an average clear height of not less than 20 feet and a minimum clear height of 12 feet.

(2)        for all other development pursuant to this Section, the minimum dimension of such public open area shall be 45 feet and have a minimum area of 4,500 square feet. The development shall also provide an arcade which abuts the street line along the short dimension of the block and extends along the full length of the building on such frontage. Such arcades and required setback areas which abut the street line along the short dimension of the block shall be included in meeting the 30 percent public open area requirements of this Section.

(k)        that the finish of exterior walls of the existing building fronting on such public open area is compatible with the development and the public open area;

(l)        that a roof area of development shall be landscaped for use by residential tenants and shall:

(1)        be restricted to occupants of the residential portion and their guests for whom no admission or membership fees are charged;

(2)        be directly accessible from a lobby or other public area served by the residential elevators;

(3)        be landscaped, including trees or shrubbery, except where covered or developed with recreational facilities and seating areas; and

(4)        contain not less than 2,500 square feet of continuous area open to the sky on a single level with a minimum dimension of not less than 40 feet.

(m)        that the total development will result in satisfactory site planning and satisfactory urban design relationships of buildings to adjacent streets and surrounding developments;

(n)        that the development will not have a negative environmental impact on the neighborhood or change the character of the neighborhood.

(o)        that the basic floor area ratio for the zoning lot may be increased from 10.0 to 12.0 for complying with the provisions of this Section.

In determining the precise extent of the increase in the basic floor area ratio on a zoning lot from 10.0 to 12.0, the Commission shall, after consultation with Manhattan Community Board 8, balance the economic benefit received by the builder after deducting the cost of the following:

(1)        the number of tenants relocated on and off site;

(2)        the number of units and cost of on-site renovation; and

(3)        the extent and period of years for which rent subsidies are provided over and above those required as relocation benefits under applicable governmental standards.

In no event shall a new building exceed 32 stories excluding the basement level.

No final certificate of occupancy shall be issued by the Department of Buildings for the new construction until the total development complies with the approved rehabilitation and relocation program.

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

For any development on a zoning lot a portion of which, exceeding 50 percent, is located in an R9 District, in a C1 or C2 District mapped within an R9 District or in a C1-8 or C2-7 District, and the remaining portion of which is located in an R8 District, and which provides a new community facility building for an institution existing on the zoning lot prior to the development and which includes an open area for public use, the City Planning Commission may allow the zoning district regulations applicable to the zoning lot including, but not limited to, bulk and parking to be changed as set forth in this Section and may modify yard, height and setback, density and distance between buildings regulations in accordance with the provisions of this Section.

As a condition for granting a special permit for such development, the Commission shall find that:

(a)        the provision of the new community facility building will result in the reinforcement or preservation of an existing church or house of worship, community center, school, library, museum, college or university which is essential to the character of the neighborhood and that such community facility building will be used only as a community facility building;

(b)        such community facility building is free-standing and independent of any new residential building and contains floor space of at least 10,000 square feet and shall be located entirely on the R8 portion of the zoning lot; the height of the community facility building shall not exceed the greater of:

(1)        a height of 20 feet greater than that of the nearest existing building in the adjacent R8 District; or

(2)        40 feet;

(c)        the arrangement has been made for continuing maintenance of the community facility building;

(d)        the development provides a minimum of 25 percent of the lot area of the zoning lot as public open area at curb level. Where site conditions preclude open area at curb level, such open area shall at no point be more than three feet below curb level or six feet above curb level of the street providing primary access to such area. The public open area shall be unobstructed from its lowest level to the sky except as set forth in this Section, directly accessible to the public from an adjoining street and, if feasible, be located on the southerly side of the zoning lot. Entrance to such public open area shall be clearly visible from the street. The said area shall be developed with lighting, landscaping including planting of shrubs and trees, pedestrian ways and seating areas in accordance with plans approved by the Commission and shall be maintained in accordance with a maintenance program approved by the Commission. Building columns or similar elements may be permitted, but the aggregate area of such elements may not exceed two percent of the total public area. Driveways, off-street parking spaces and loading berths are not permitted within the public open area.

A portion of the open area shall be developed as a park area concentrated in one location and having a minimum dimension of 45 feet and a minimum area of 4,500 square feet. The park area shall be accessible to the public from 9:00 a.m. to 9:00 p.m. each day from May 1 to September 30 and from 9:00 a.m. to 6:00 p.m. each day from October 1 to April 30, and such hours shall be posted on a sign that is plainly visible from the sidewalk adjoining the principal entrance to the park. In addition to the 4,500 square feet of park area, in meeting the 25 percent public open area requirements of this Section, the development may provide a non-bonusable public plaza, arcade or sidewalk continuation area; and

(e)        any bulk modifications granted will result in satisfactory site planning and satisfactory urban design relationships of buildings within the development to adjacent streets and surrounding developments.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area. The zoning lot containing such development shall be subject to all the regulations applicable to a C1-9 District subject to the provisions of any special purpose district within which the zoning lot is located, except that the maximum permitted floor area ratio shall be 11.0. The floor area bonus provision for public plazas or arcades shall not apply. The accessory off-street parking requirements of Section 36-33 shall be 20 percent.

At any level at which a building within the development penetrates an established sky exposure plane, such building shall not, in the aggregate, occupy more than 45 percent of the lot area of the zoning lot.

Notwithstanding any other provision of the Zoning Resolution, the community facility portion of the development may be conveyed by deed, lease or otherwise to the institution operating the community facility building and, for the purposes of this development, such conveyance shall be deemed not to alter the single zoning lot status of the zoning lot containing the total development authorized under this Section. In no event shall the floor area of the total development, including the community facility portion, exceed a floor area ratio of 11.0.

In R8, R9 and R10 Districts, and in C1-7, C1-8, C1-9, C2-7 and C2-8 Districts, the City Planning Commission may permit modifications of height and setback regulations for developments or enlargements containing residences, provided the following findings are made:

(a)        that the resulting site plan affords better placement of the buildings on the zoning lot with improved arrangement of open space and improved access of light and air for the dwelling units; and

(b)        that the site is adjacent to or opposite a permanent space comprising an area of at least three acres such as a park, public place, waterfront, wharf property, wharves or docks, and that the resulting placement of the buildings will not unduly obstruct access of light and air in the street or on adjacent zoning lots.

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

However, the provisions of this Section shall not apply to Quality Housing buildings.

For a zoning lot divided by a boundary between an R8 District, or a Commercial District permitting an equivalent residential floor area ratio, and an R10 District, or a Commercial District permitting an equivalent residential floor area ratio, the City Planning Commission may permit modifications of the height and setback regulations for that portion of a development which fronts on a wide street and is located in the R8 or equivalent District, provided it finds that such modification will not unduly obstruct access of light and air to surrounding streets and properties.

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

The City Planning Commission may permit, as accessory to a use in Use Group 2 other than a single-family or two-family residence, an outdoor swimming pool to be located not less than 50 feet from any lot line, provided that such pool is so located as not to impair the essential character of the residential neighborhood.

The Commission may require that the pool be appropriately screened from other areas on the same or adjacent zoning lots. In special circumstances where the Commission finds that the design operates as a suitable buffer or the conditions of topography so warrant, the minimum distance of 50 feet may be reduced or waived.

The Commission shall in each case give due consideration to the effect of such location on the adjacent residences and the street and may impose appropriate conditions and safeguards.

C4-7 C5-2 C5-3 C5-4 C5-5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

In the districts indicated, the City Planning Commission may permit floor area bonuses for covered pedestrian space in accordance with the provisions of Sections 74-871 through 74-873, inclusive.

For the development or enlargement of a commercial, community facility or mixed building, for each square foot of covered pedestrian space provided on a zoning lot, the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) may be increased as set forth in the following table:

PERMITTED ADDITIONAL FLOOR AREA PER SQUARE FOOT OF COVERED PEDESTRIAN SPACE

District

Basic (in square feet)

Maximum (in square feet)

C5-3 C5-5 C6-6 C6-7 C6-9

11

14

C4-7 C5-2 C5-4 C6-4 C6-5 C6-8

8

11

In no event shall the resulting floor area ratio exceed the amount set forth in Section 33-12 by more than 20 percent. Any floor area bonus earned by providing a covered pedestrian space may be applied to increase the residential floor area of a mixed building, provided the maximum floor area ratio for the residential portion does not exceed 12.0.

Any portion of the covered pedestrian space that is within 10 feet of a street line or lot line and that is extended along such street line or lot line on either side of an entrance to it from an adjoining street, arcade, publicly accessible open area, court, yard or other covered pedestrian space, may receive only that floor area bonus accorded to an arcade.

The basic floor area bonus may be increased by providing one or more of the following additional amenities:

(a)        An escalator, providing pedestrian access from sidewalk level to any floor level containing uses specified in paragraph (c) of Section 74-872 (Design requirements for covered pedestrian spaces). Such escalator may be either within or directly accessible from the covered pedestrian space. The basic floor area bonus may be increased by 1.5 square feet per square foot of covered pedestrian space for each floor level connected by such escalator. However, the floor area bonus earned for the total covered pedestrian space by providing such escalator shall not exceed the allowable maximum set forth in the table.

(b)        Where the height over at least one-third of the covered pedestrian space in one location is increased by more than one story of the building above the required height, the basic floor area bonus for that portion may be increased by 1.5 square feet per square foot of such raised portion for each such story. However, the floor area bonus earned for the total covered pedestrian space by providing such additional height shall not exceed the allowable maximum set forth in the table.

(c)        Where direct access from the covered pedestrian space to a subway station mezzanine or concourse is provided and such connection is major, necessary, and kept open to the general public for the same hours as the covered pedestrian space or as specified by the Commission, an additional bonus of two square feet of floor area per square foot of covered pedestrian space may be permitted over the amount specified in the table.

In order to qualify for a floor area bonus, a covered pedestrian space shall be directly accessible to the public from the adjoining street, arcade, through block arcade, publicly accessible open area, court, yard, pedestrian mall or other covered pedestrian space which is a part of the public pedestrian circulation system, and shall:

(a)        have an area of at least 3,000 square feet and a minimum width, at any point, of 20 feet. For spaces between 100 feet and 150 feet in length, the minimum width shall be 25 feet. For spaces longer than 150 feet, the average width shall be at least 30 feet;

(b)        have a height of at least 30 feet;

(c)        have appropriate uses permitted in the district, such as, but not limited to, small stores and cafes, occupying the maximum feasible frontage along those bounding walls of the covered pedestrian space which do not abut lot lines or street lines. At least 50 percent of such frontage shall be comprised of individual uses, each of which has a frontage not exceeding 25 feet, and the frontage of any other single use may not exceed 40 feet. In no event may banks, loan offices, insurance offices or similar office type uses occupy any portion of the frontage of the covered pedestrian space. Access to other uses within a building may be provided from the covered pedestrian space if such uses are not located at the same story as the pedestrian space;

(d)        be adequately illuminated, utilizing natural daylight wherever possible; and

(e)        be suitably maintained and kept open to the public between 7:00 a.m. and 12 midnight or on a schedule suitable to meet the public need.

Obstructions such as awnings, canopies, pedestrian bridges, escalators, stairs, balconies or other architectural elements above the floor level of the covered pedestrian space are prohibited unless it can be clearly demonstrated that they will enhance design or pedestrian circulation. In any event, horizontal projection of balconies into any covered pedestrian space shall not exceed five feet.

Planting, landscaping, ornamental fountains, statuary, outdoor furniture, kiosks, works of art, light wells and other features may be permitted in a portion of the pedestrian space, but not to the extent of impeding pedestrian movement.

Columns or similar elements may be permitted within a covered pedestrian space, but the aggregate area of such elements may not exceed two percent of the total pedestrian space. The clear span along the main path of pedestrian traffic shall not be less than the figure indicated for minimum dimensions of pedestrian space in paragraph (a) of this Section. However, when two or more pedestrian paths are provided, the minimum clear span widths of such paths may be reduced by five feet.

Where multiple access to the covered pedestrian space is provided from an arcade, the minimum clear spacing between columns at the face of the building may be reduced to 18 feet, provided the height of the arcade is not less than 30 feet.

A portion of the covered pedestrian space shall be public sitting areas with appropriate facilities such as cafes or other public seating arrangements.

Entrances to lobbies may be permitted along the boundary of a covered pedestrian space. The floor area of an entrance lobby shall not be considered as part of the covered pedestrian space. Where a zoning lot is bounded by more than one street, or by the combination of streets, publicly accessible open areas or other public rights-of-way, the covered pedestrian space will provide a connection between at least two such areas.

Where the space is heated or air-conditioned, the standards for heating, ventilating and air-conditioning shall be at least equal to that of the lobby.

For the purpose of ensuring prominent public attention to the covered pedestrian space, the openings at the face of the building for entrances to the covered pedestrian space shall be at least 20 feet wide, 30 feet high and unobstructed for a depth of 30 feet, except, where the covered pedestrian space is air-conditioned, the openings at the entrances may be partially enclosed. Such enclosure at the entrances shall be transparent in nature, commence at a height not less than eight feet above the floor level at the entrances, and be set back from the face of the building at least 12 feet. Air curtains are permitted but shall be located at a height not less than eight feet. Such entrances are permitted to be fully enclosed only for that portion of the year between October 15 and April 15, provided, however, that such space is readily accessible to the public between 7:00 a.m. and 12 midnight or on a schedule suitable to meet the public need.

An information plaque shall be provided that contains a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols on the Department of City Planning website. Such symbol and required text shall include the phrase "Open To Public" and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York.

When a through block arcade provides public access to a covered pedestrian space, the opening at the point shall be at least 30 feet wide and 30 feet high. The two openings at the face of the building to the through block arcade shall be at least 20 feet wide and 30 feet high for a depth of 30 feet and shall be unobstructed except for stairs, ramps and escalators. If such space is air-conditioned, only one opening at the face of the building need comply with the partial enclosure requirements of the preceding paragraph.

A covered pedestrian space located at 12 feet or more below the sidewalk level shall provide direct subway or below grade pedestrian concourse access. For such covered pedestrian spaces, the entrance openings at the sidewalk level may be less than 30 feet in height, but not less than 15 feet, provided the entrance opening is unenclosed for its full height and is extended along the face of the building for the entire width of the covered pedestrian space.

As a condition for permitting such bonus floor area, the City Planning Commission shall find that:

(a)        the proposed covered pedestrian space will have a useful role in meeting existing needs for sheltered space for the comfort and convenience of the general public;

(b)        the proposed covered pedestrian space is located at or close to the principal level of pedestrian circulation in adjacent areas, with prominent and obvious public entrances;

(c)        the public character of the proposed covered pedestrian space shall be obvious from the outside of the building;

(d)        appropriate commercial uses including, but not limited to, small stores and cafes fronting on the covered pedestrian space are provided;

(e)        the distribution of the bulk on the zoning lot permits satisfactory access of light and air to surrounding streets and properties; and

(f)        the proposed connection to an underground subway station from a covered pedestrian space is necessary to ease pedestrian movement and sidewalk congestion in the area and the construction cost of the proposed amenity is substantial enough to justify the granting of additional floor area ratio bonus.

The Commission may permit modification of the entrance requirements for covered pedestrian spaces, provided that the Commission finds that the entrance is so designed as to ensure prominent public notice and promote public pedestrian circulation through such space.

Upon application, the City Planning Commission may permit the modification of height and setback and street wall regulations of Section 23-651 (Tower-on-a-base) and paragraph (a) of Section 35-64 (Special Tower Regulations for Mixed Buildings), except for the permitted tower coverage or the required floor area distribution below a height of 150 feet, and may permit modification of the requirements of paragraph (a)(1)(ii) of Section 24-54 (Tower Regulations), provided the Commission makes the following findings:

(a)        that such modification will enhance the contextual relationship of the development or enlargement to nearby buildings and improve the overall scale, site design and architectural harmony among buildings in the neighborhood; and

(b)        that such modification will not unduly obstruct access of light and air to the detriment of the occupants or users of the buildings in the block or nearby blocks or of people using the public streets.

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

In C1 and C2 Districts when mapped in R6, R7, R8, R9 and R10 Districts, and in C1-6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4-2, C4-3, C4-4, C4-5, C4-6, C5-1, C6-1, C6-2, C6-3, C7, C8-2, C8-3, C8-4, M1-2, M1-3, M1-4, M1-5, M2 and M3 Districts, the City Planning Commission may permit modification of the bulk regulations for telephone exchanges or other communications equipment structures not existing on December 15, 1961, provided that the zoning lot has a minimum area of 40,000 square feet, a floor area ratio of no greater than 10.0 and that the following findings are made:

(a)        that the growth of the utility service demand to be served by the facility requires the construction of a building or other structure that would exceed the allowable bulk permitted by the district regulations;

(b)        that provisions of new or additional facilities at other locations would cause substantial duplication of plant and facilities;

(c)        that the proposal is the minimum modification necessary to permit the additional facilities needed to serve the demand;

(d)        that the design of the facility will not adversely affect the character of the neighborhood;

(e)        that the existing street and public transportation system will not be adversely affected; and

(f)        that, where appropriate and feasible in the judgment of the Commission, the applicant provides a public amenity for the benefit of the affected community.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area and shall require that the certificate of occupancy shall be limited to such use.

The City Planning Commission may permit long-term care facilities in locations where they are not permitted as-of-right, in accordance with paragraph (a) or (b) of this Section.  

(a)        In R1 and R2 Districts

The Commission may permit long-term care facilities in R1 and R2 Districts, and in C1 and C2 Districts mapped within such Residence Districts, provided that the following findings are made:

(1)        such use is compatible with the character of the surrounding area;

(2)        the proposed building access, orientation and landscaping create an adequate buffer between the proposed facility and nearby residences; and

(3)        the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

(b)        In certain Community Districts

The Commission may permit the development of nursing homes, as defined in the New York State Public Health Law, or enlargements of existing nursing homes that increase the existing floor area by 15,000 square feet or more, in Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, Community District 14 in the Borough of Queens, and Community District 1 in the Borough of Staten Island, provided that the Commission finds that the development of additional nursing home beds will not unduly burden such community district.

Where such use is permitted by the Commission, it may be eligible for bulk modification, pursuant to the provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts), or Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts), as applicable.

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

In R1 and R2 Districts, and in C1 and C2 Districts mapped within such Residence Districts for any development, extension or enlargement or change of use involving any community facility uses permitted as-of-right pursuant to the provisions of Sections 22-13 (Use Group 3) or 22-14 (Use Group 4), or long-term care facilities for which a special permit has been granted pursuant to Section 74-901, the City Planning Commission may permit the allowable community facility floor area ratio and lot coverage of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) to apply to all such uses, provided that the following findings are made:

(a)        that the distribution of bulk on the zoning lot will not unduly obstruct the access of light and air in and to adjoining properties or public streets, and will result in satisfactory site planning and satisfactory urban design relationships of buildings to adjacent streets and the surrounding area;

(b)        that the architectural and landscaping treatment and the height of the proposed building containing such uses blends harmoniously with the topography and the surrounding area;

(c)        that the proposed facility will not require any significant additions to the supporting services of the neighborhood or that provision for adequate supporting services has been made; and

(d)        that the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

The Commission may request a report from appropriate governmental agencies with respect to community facility uses requesting a special permit under this Section.

To minimize traffic congestion in the area, the Commission may require where necessary off-street parking facilities and accessory off-street loading berths beyond the amount required by the district regulations.

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

The City Planning Commission may permit the community facility floor area ratio and the community facility bulk provisions to apply to a development, extension or enlargement, or change of use containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as set forth in paragraph (a), provided that the findings in paragraph (b) of this Section are met.

(a)        The Commission may permit:

(1)        in R3 through R9 Districts, or in C1 or C2 Districts mapped within an R3 through R9 District or Commercial Districts with an R3 through R9 District residential equivalent, the community facility floor area ratio of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) to apply to buildings containing philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3;

(2)        in R3-1, R3A, R3X, R4-1, R4A, R4B, R5A or R5B Districts, or in C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A or R5B Districts, or in C3A Districts, the community facility floor area ratio of Section 24-11 to apply to buildings containing long-term care facilities, as listed in Use Group 3;

(3)        in R3-2 Districts, or R4 or R5 Districts without a letter or number suffix, or in C1 or C2 Districts mapped within an R3-2 District or within an R4 or R5 District without a letter suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the bulk regulations of Article II, Chapter 4, Article III, Chapter 3, or Article III, Chapter 5, as applicable, and the community facility floor area ratio of Section 24-11, to apply to buildings containing long-term care facilities; or

(4)        in R6 through R10 Districts without a letter suffix, and in C1 or C2 Districts mapped within an R6 through R10 District without a letter suffix or in Commercial Districts with an R6 through R10 District equivalent without a letter suffix, the bulk regulations of Article II Chapter 4, Article III, Chapter 3 or Article III, Chapter 5, as applicable, and the community facility floor area ratio of Section 24-11, as applicable, to apply to buildings containing long-term care facilities.

(b)        In order to grant such a special permit for community facility floor area ratio or community facility bulk, as applicable, the Commission shall find that:

(1)        the distribution of bulk on the zoning lot will not unduly obstruct the access of light and air to adjoining properties or public streets, and will result in satisfactory site planning and satisfactory urban design relationships of buildings to adjacent streets and the surrounding area;

(2)        that the proposed facility will not require any significant additions to the supporting services of the neighborhood or that provision for adequate supporting services has been made; and

(3)        the streets providing access to such use will be adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

The Commission may request a report from appropriate governmental agencies with respect to community facility uses requesting a special permit under this Section.

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

In all districts, the City Planning Commission may permit modification of the provisions of Section 37-70 (PUBLIC PLAZAS) affecting the eligibility of public plazas for bonus floor area, provided that such modification shall not include any modification of Sections 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts), 24-14 or 33-13 (Floor Area Bonus for a Public Plaza).

Any modification shall be conditioned upon the Commission finding that the usefulness and attractiveness of the public plaza will be assured by the proposed layout and design and that such modification will result in a superior urban design relationship with surrounding buildings and open areas.

The Commission may prescribe appropriate conditions and controls to enhance the relationship of such public plazas to surrounding buildings and open areas.

(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.

In M1 Districts, the City Planning Commission may permit department stores, carpet, rug, linoleum or other floor covering stores, clothing or clothing accessory stores, dry goods or fabric stores, food stores, furniture stores, television, radio, phonograph or household appliance stores, or variety stores, with no limitation on floor area per establishment.

In M1-5 or M1-6 Districts, the Commission may modify the applicable regulations governing height and setback or yards for a change of use, extension or minor enlargement involving a large retail establishment.

In M1-5M Districts, the Commission may also modify the applicable regulations governing loading berths so as to allow the location of such berths off-site in conjunction with a change of use, extension or enlargement of a large retail establishment with a floor area of at least 25,000 square feet within a building designed for residential use.

As a condition of granting a special permit for such large retail establishments, the Commission shall find:

(a)        that the principal vehicular access for such use is not located on a local narrow street;

(b)        that such use is so located to draw a minimum of vehicular traffic to and through local streets;

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

(d)        that vehicular entrances and exits are provided for such uses and are located not less than 100 feet apart;

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

(f)        that such use is so located as not to impair the essential character or the future use of or development of the surrounding area;

(g)        that such use will not produce any adverse effects which interfere with the appropriate use of land in the district or in any adjacent district;

(h)        that such bulk modifications will not unduly obstruct the access of light and air to surrounding streets and properties; and

(i)        that in the case of modification of loading berth regulations to allow off-site loading berths, the Commission further finds:

(1)        that an adequate alternate loading facility in the same ownership (single fee ownership or control or alternative ownership arrangements of the zoning lot definition in Section 12-10) as the retail store is provided, subject to a deed restriction filed in an office of record binding the owner and his heirs and assigns to maintain the alternate facility throughout the life of the retail store;

(2)        that the alternate loading facility is located within the same district or an adjoining C6-M, C8 or Manufacturing District and the maximum distance between the two sites is 1000 feet;

(3)        that the location of the loading berths on the same zoning lot as the retail store would have a significant impact on the existing residential uses in the building;

(4)        that the location of the loading berths on the same zoning lot as the retail store would create serious vehicular and pedestrian traffic conflict on the street upon which the store fronts; and

(5)        that the alternate location of such loading berths will not unduly affect the movement of pedestrians or vehicles on the streets surrounding the alternate site.

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

Within the boundaries of Community District 6, Borough of Queens, for commercial or mixed use developments or enlargements on two or more zoning lots in more than one block, which zoning lots, as defined in Section 12-10, each have single fee ownership or equivalent ownership arrangements for all lots comprising the development or enlargement, which are contiguous or would be contiguous but for their separation by a street, and located partially in a C4-2 District, partially in a C4-2F District, the City Planning Commission may permit upon application:

(a)        reduction of the parking requirement of Section 36-21 (General Provisions) by an amount not to exceed 50 percent, provided that the Commission finds that the applicant has demonstrated that the proposed parking is sufficient for the uses proposed;

(b)        any closed and demapped air space above a street to be considered as a part of the development or enlargement and to be used for automobile ways, or for pedestrian ways, provided the Commission finds that:

(1)        each bridge over the street bed utilizes only unused floor area from an adjoining zoning lot within the development or enlargement and that no floor area credit is generated from the demapped air space;

(2)        each bridge adjoins zoning lots which are wholly within the development or enlargement;

(3)        the curb levels of the adjoining zoning lots are not affected by the closing and demapping of such air space;

(4)        all street frontages of the zoning lots under each bridge are provided with satisfactory lighting; and

(5)        a landscaped open, covered or enclosed space for public use at street level, linked with the pedestrian circulation system, is provided in one location within the development or enlargement, which open, covered or enclosed space is at least equivalent to the street area covered by the bridges, has a minimum area of 20,000 square feet and is maintained with planting and seating facilities, by the owner of the development or enlargement or his designee, said open, covered or enclosed space to be subject to such other requirements as the Commission may deem appropriate;

(c)        automobile service establishments, including: automobile, tire, battery, muffler and accessories establishments, including installation services; automobile glass and mirror shops, including installation services where such use is an integral part of the permitted principal use; automotive seat cover or convertible top establishments, including installation service, but not including automobile laundries; automobile painting establishments; automobile body repair establishments; or automobile fuel service stations;

(d)        modification of applicable bulk regulations by permitting the total permitted floor area for all zoning lots within such development or enlargement to be distributed without regard to zoning lot lines and permitting the location of buildings without regard for the applicable height and setback regulations, provided the Commission finds that:

(1)        such distribution of floor area and location of buildings will result in better site planning and will thus benefit both the neighborhood and the City as a whole; and

(2)        such distribution of floor area and location of buildings will permit adequate access of light and air to surrounding streets and properties; and

(e)        modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions) and 32-65 (Permitted Projection or Height of Signs), provided that the Commission finds that such modification will result in a better site plan.

The Commission may impose additional conditions and safeguards to improve the quality of the development or enlargement and minimize adverse effects on the character of the surrounding area, including restrictions on permitted commercial uses, signs and location of curb cuts to ease vehicular and pedestrian circulation in the area.

On zoning lots in designated areas within Manufacturing Districts in Subarea 2, as shown on the maps in Appendix J (Designated Areas Within Manufacturing Districts) of this Resolution, the City Planning Commission may permit the development, enlargement not permitted pursuant to the provisions of Section 42-121 (Use Group 16D self-service storage facilities), or change of use of a building for self-service storage facility use.

To grant such permit, the Commission shall find that the zoning lot is appropriate for such self-service storage facility use, based on the land use characteristics of the proposed zoning lot and the surrounding area. In making this determination, the Commission may consider the following:

(a)        whether such use is consistent with the economic development objectives of the City for the designated area in which the self-service storage facility seeks to be located, and may, in making this determination, consult with the Department of Small Business Services;

(b)        whether recent trends for and levels of investment by uses listed in Use Groups 16D (other than a self-service storage facility), 17 or 18 demonstrate that there is minimal demand for space for such uses in the surrounding area;

(c)        whether the size and configuration of the zoning lot make it better suited for self-service storage facility use than for other uses listed in Use Groups 16D, 17 or 18;

(d)        for changes of use to existing buildings, whether the design and layout of loading docks, interior column spacing, floor-to-ceiling height and other relevant physical characteristics of the existing building make the building better suited for self-service storage facility use than for other uses listed in Use Groups 16D, 17 or 18;

(e)        whether the distance of the zoning lot from an arterial highway or a designated truck route, or lack of frontage on a wide street, makes the zoning lot better suited for self-service storage facility use than for other uses listed in Use Groups 16D, 17 or 18;

(f)        whether the distance of the zoning lot from mass transit that serves employees makes the zoning lot better suited for self-service storage facility use than for other uses listed in Use Groups 16D, 17 or 18;

(g)        whether the establishment of a self-service storage facility will cause environmental remediation work to be undertaken on the zoning lot; or

(h)        whether there is a concentration of existing self-service storage facilities in the surrounding area.

The Commission may impose appropriate conditions and safeguards to minimize any adverse effects upon the existing uses in the surrounding area.

In C6-2 Districts, for any development designed as a residence for people with disabilities, the City Planning Commission may, by special permit, modify the applicable height and setback regulations, open space and density requirements, regulations pertaining to permitted obstructions in required yards, and accessory parking requirements, and may increase, to a maximum of 7.2, the allowable residential floor area ratio on the zoning lot in accordance with the provisions of this Section. For purposes of this Section, a "residence for people with disabilities" is defined as a residence occupied at least 75 percent by disabled individuals or by households at least one of the members of which is disabled, and the remainder by individuals 62 years of age or older or by households at least one of the members of which is 62 years of age or older, and by the staff of such residence that:

(a)        contains dwelling units especially designed for disabled persons and reserved for use as residences for the disabled for a period of not less than 40 years;

(b)        contains related accessory social and welfare facilities primarily for residents which may also be made available to the community, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, provided that these facilities shall occupy floor area, cellar space or roof space in an amount equal to not less than 10 percent of the total floor area of the building or buildings. In no event shall the floor space occupied by lobbies, passageways, storage areas or other spaces normally provided in usual residential buildings be considered as part of the floor space attributable to the social and welfare facilities; and

(c)        is constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of a municipal, State or Federal government agency.

As a condition for such special permit, the Commission shall make the following findings:

(1)        that the Mayor's Office for People with Disabilities, which may consult with other appropriate City agencies, has certified that the organization making the application for the special permit for the proposed residence for people with disabilities is a responsible group dealing with the needs of the disabled;

(2)        that the Commission, in consultation with the Mayor's Office for People with Disabilities and/or other appropriate City agencies, has determined that the special features and facilities are appropriate to the needs of the intended disabled residents of the development;

(3)        that the modifications of bulk requirements for the development will not impede adequate access of light and air to the surrounding streets and residential properties; and

(4)        that the modification of accessory off-street parking requirements on the zoning lot will not unduly inhibit surface traffic and pedestrian flow in the area.

For each square foot of space provided for accessory social or welfare facilities, the total residential floor area permitted on the zoning lot may be increased by two square feet. No floor area bonus provisions other than those set forth herein shall be applicable to the zoning lot. In no event shall the maximum floor area ratio on the zoning lot exceed 7.2.

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

For the purposes of this Section, the term "disabled" shall be applicable to any person who in the determination of the New York City Commissioner of Health has an impairment which is expected to be of long-continued and indefinite duration, is a substantial impediment to his or her ability to live independently and is of a nature that such ability could be improved by more suitable housing conditions.

Housing Quality developments granted a special permit by the Board of Estimate, prior to August 14, 1987, may be started or continued pursuant to that special permit.

The City Planning Commission may, upon application, authorize modifications of special permits granted before August 14, 1987, under previous Sections 74-95 (Housing Quality Developments) and 74-97 (Special Provisions for a Housing Quality Development on a Through Lot Divided by Residence-Manufacturing District Boundaries with a Substantial Grade Differential).

No such modification may create a new non-compliance or increase the degree of an existing non-compliance.

Non-compliance shall be measured pursuant to the applicable district bulk regulations and the provisions of Article II, Chapter 8.

In no event may the Commission grant a modification of a previously approved special permit, which would:

(a)        increase the height of the building;

(b)        extend the location of the exterior walls of the building;

(c)        increase the portion of the zoning lot covered by the building;

(d)        increase the floor area on the zoning lot;

(e)        reduce the amount of indoor and outdoor recreation space other than laundry rooms in the building;

(f)        reduce the amount of bulk storage within a dwelling unit or reduce shared bulk storage below 40 cubic feet of storage space for each additional 300 square feet of dwelling unit, or portion thereof, above 450 square feet; or

(g)        affect the provision and maintenance of off-site neighborhood improvements.

For developments or enlargements on zoning lots located within any Industrial Business Incentive Area specified on the map in this Section, the City Planning Commission may increase the maximum permitted floor area ratio and modify the use, bulk and public plaza regulations as set forth in Section 74-962 (Floor area increase and public plaza modifications in Industrial Business Incentive Areas). The Commission may also modify parking and loading requirements for such developments or enlargements pursuant to Section 74-963 (Parking and loading modifications in Industrial Business Incentive Areas).

For developments or enlargements receiving a floor area increase pursuant to this Section, Section 43-20 (YARD REGULATIONS), inclusive, shall be modified as follows: rear yard regulations shall not apply to any development or enlargement on a through lot.

Map of Industrial Business Incentive Areas

Portion of Community District 1, Borough of Brooklyn

For the purposes of Section 74-96 (Modification of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas), inclusive, a "required industrial use" and an "incentive use" shall be defined as follows:

Incentive Use

An "incentive use" is a use permitted by the applicable zoning district, that is allowed to occupy the additional floor area generated by a required industrial use with the exception of the following uses:

transient hotels in Use Group 5, as specified in Section 32-14;

uses in Use Groups 6A or 6C, as specified in Section 32-15;

uses in Use Group 7A, as specified in Section 32-16;

uses in Use Group 8C, as specified in Section 32-17;

uses in Use Group 10A, and any retail spaces accessory to wholesale offices or showrooms, with storage restricted to samples; in Use Group 10B as specified in Section 32-19;

uses in Use Group 12, as specified in Section 32-21;

uses in Use Group 13, as specified in Section 32-22; and

moving or storage offices, with no limitation as to storage or floor area per establishment, as well as packing or crating establishments, and warehouses, as specified in Section 32-25 (Use Group 16).

Required Industrial Use

A "required industrial use" is a use that helps achieve a desirable mix of commercial and manufacturing uses in an Industrial Business Incentive Area, and that generates additional floor area pursuant to provisions set forth in Section 74-962 and is listed in:

Use Group 11A as specified in Section 32-20;

Use Group 16A, as specified in Section 32-25, excluding animal hospitals and kennels; animal pounds or crematoriums; automobile, motorcycle, trailer, or boat sales; crematoriums, human; motorcycle or motor scooter rental establishments; poultry or rabbit killing establishments; riding academies; stables for horses; and trade schools for adults;

Use Group 16B, as specified in Section 32-25;

Use Group 17B, as specified in Section 42-14;

Use Group 17C, as specified in Section 42-14; and

Use Group 18A, as specified in Section 42-15, limited to beverages, alcoholic or breweries; where permitted by the provisions of the applicable zoning district and provided the applicable performance standards pursuant to Section 42-20 are met.

Any diagnostic medical laboratories that receive patients shall not be considered a required industrial use.

In Industrial Business Incentive Areas, the City Planning Commission may increase the maximum floor area ratio on a zoning lot in accordance with the Table in this Section.

For developments or enlargements in the district indicated in Column A, the base maximum floor area ratio on a zoning lot, Column B, may be increased by 3.5 square feet for each square foot of required industrial uses up to the maximum floor area ratio for all uses on the zoning lot, Column E, provided that such development or enlargement does not include a transient hotel, and that such additional floor area is occupied by required industrial uses and incentive uses up to the maximum floor area ratio set forth in Column C (Maximum Additional Floor Area Ratio for Required Industrial Uses), and Column D (Maximum Additional Floor Area Ratio for Incentive Uses), respectively.

FLOOR AREA INCREASE PERMITTED IN INDUSTRIAL BUSINESS INCENTIVE AREAS

A

B

C

D

E

District

Base Maximum Floor Area Ratio

Maximum Additional Floor Area Ratio for Required Industrial Uses

Maximum Additional Floor Area Ratio for Incentive Uses

Maximum Floor Area Ratio for All Uses

M1-2

2.0

0.8

2.0

4.8

For such developments or enlargements that, pursuant to this Section, increase their permitted floor area, and provide a public plaza, the Commission may also increase the maximum height of such development or enlargement and may modify the requirements for public plazas set forth in Section 37-70 (PUBLIC PLAZAS).

Applications for such floor area increases and modifications are subject to the requirements, conditions and findings set forth in this Section.

(a)        Application requirements

All applications for a special permit pursuant to this Section shall include the following:

(1)        site plans and elevations which shall establish distribution of floor area, height and setback, sidewalk widths, primary business entrances, including parking and loading, yards and public plazas, signage and lighting;

(2)        floor plans of all floors which shall establish the location, access plan and dimensions of freight elevators and loading areas and the location of floor area dedicated to required industrial uses and incentive uses;

(3)        drawings that show, within a 600 foot radius, the location and type of uses, the location, dimensions and elements of off-site open areas including streets, waterfront and upland parcels, elements of a Waterfront Access Plan, as applicable, and the location of street trees and street furniture and any other urban design elements. The plans shall demonstrate that any public plaza provided meets the requirements of paragraph (b)(5) of this Section; and

(4)        for zoning lots in flood zones, flood protection plans, which shall show base flood elevations and advisory base flood elevations, as applicable, location of mechanical equipment, areas for storage of any hazardous materials and proposed structural or design elements intended to mitigate the impacts of flood and storm events.

(b)        Conditions

(1)        Minimum amount of required industrial uses

Required industrial uses shall occupy a minimum of 5,000 square feet of horizontally contiguous floor area and shall be served by loading areas and freight elevators with sufficient capacity.

(2)        Minimum sidewalk width

All developments and horizontal enlargements that front upon a street line shall provide a sidewalk with a minimum width of 15 feet along the entire frontage of the zoning lot. Such sidewalk, and any open area on the zoning lot required to meet such minimum width shall be improved as a sidewalk to Department of Transportation standards; shall be at the same level as the adjoining public sidewalk; and shall be accessible to the public at all times. For the purposes of applying the street wall location requirements and the height and setback regulations of paragraph (b)(3) of this Section, any sidewalk widening line shall be considered to be the street line.

(3)        Height and setback

The height and setback regulations of the applicable zoning district shall apply as modified by the provisions of this paragraph.

(i)        The street wall of any building shall be located on the street line and shall extend to a height not lower than a minimum base height of 40 feet and not higher than a maximum base height of 75 feet or the height of the building, whichever is less. At least 70 percent of the aggregate width of such street wall below 12 feet shall be located at the street line and no less than 70 percent of the aggregate area of the street wall up to the base height shall be located at the street line. However, up to a width of 130 feet of such street wall located on the short end of the block may be set back from the street line to accommodate a public plaza.

(ii)        The height of a building or other structure, or portion thereof, located within 10 feet of a wide street or within 15 feet of a narrow street shall not exceed a maximum base height of 75 feet. Permitted obstructions as set forth in Section 43-42 shall be modified to include dormers above the maximum base height within the front setback area, provided that on any street frontage, the aggregate width of all dormers at the maximum base height does not exceed 50 percent of the street wall and a maximum height of 110 feet. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed a maximum building height of 110 feet. All heights shall be measured from the base plane. Where a public plaza is provided pursuant to paragraph (b)(5) of this Section, such maximum building height may be increased to 135 feet.

(iii)        Along the short dimension of a block, up to 130 feet of such street wall may be set back from the street line to accommodate a public plaza, and a street wall located at the street line that occupies not more than 40 percent of the short end of the block may rise without setback to the maximum building height.

(4)        Ground floor design

(i)        The ground floor level street walls and ground floor level walls fronting on a public plaza of a development or horizontal enlargement shall be glazed with transparent materials which may include show windows, transom windows or glazed portions of doors. Such transparent materials shall occupy at least 50 percent of the surface area of such street wall, measured between a height of two feet above the level of the adjoining sidewalk or public plaza and a height of 12 feet above the level of the first finished floor above curb level. The floor level behind such transparent materials shall not exceed the level of the window sill for a depth of at least four feet, as measured perpendicular to the street wall. The ground floor transparency requirements of this paragraph (b)(4)(i) shall not apply to uses listed in Use Groups 11, 16, 17 and 18, or to accessory loading berths or garage entrances; or  

(ii)        For zoning lots within flood hazard areas, in lieu of the requirements of paragraph (b)(4)(i) of this Section, the provisions of Section 64-22 (Transparency Requirements) shall apply; and

(iii)        For any street wall greater than 40 feet in width that does not require glazing, as specified in paragraphs (b)(4)(i) or (b)(4)(ii) of this Section, as applicable, the facade, measured between a height of two feet above the level of the adjoining sidewalk and a height of 12 feet above the level of the first finished floor above curb level, shall incorporate design elements, including lighting and wall art, or physical articulation.

(5)        Public plazas

A public plaza shall contain an area of not less than 12 percent of the lot area of the zoning lot and a minimum of at least 2,000 square feet in area. All public plazas shall comply with the provisions set forth in Section 37-70, inclusive, except that certification requirements of Sections 37-73 (Kiosks and Open Air Cafes) and 37-78 (Compliance) shall not apply.

(6)        Signs

(i)        In all Industrial Business Incentive Areas, signs are subject to the regulations applicable in C6-4 Districts as set forth in Section 32-60, inclusive. Information signs provided pursuant to paragraph (b)(6)(ii) of this Section shall not count towards the maximum permitted surface area regulations of Section 32-64 (Surface Area and Illumination Provisions), inclusive.

(ii)        An information sign shall be provided for all buildings subject to the use restrictions of this special permit. Such required sign shall be mounted on an exterior building wall adjacent to and no more than five feet from all primary entrances of the building. The sign shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than five and a half feet above the adjoining grade. Such sign shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information sign shall contain: the name and address of the building in lettering no less than three-quarters of an inch in height; and the following statement in lettering no less than one-half of an inch in height, "This building is subject to Industrial Business Incentive Area (IBIA) regulations which require a minimum amount of space to be provided for specific industrial uses." The information sign shall include the Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (e) of this Section is available to the public.

(c)        Findings

In order to grant an increase of the maximum permitted floor area ratio and modification of public plaza regulations, the Commission shall find that such increase or modification:

(1)        will promote a beneficial mix of required industrial and incentive uses;

(2)        will result in superior site planning, harmonious urban design relationships and a safe and enjoyable streetscape;  

(3)        will result in a building that has a better design relationship with surrounding streets and adjacent open areas;

(4)        will result in a development or enlargement that will not have an adverse effect on the surrounding neighborhood; and

(5)        of the public plaza requirements will result in a public plaza of equivalent or greater value as a public amenity.

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

(d)        Compliance and recordation

Failure to comply with a condition or restriction in a special permit granted pursuant to Section 74-96 (Modification of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas), inclusive, or with applicable approved plans, or with provisions of paragraphs (d), (e) and (f), inclusive, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such special permit, and for the implementation of all other applicable remedies.

A Notice of Restrictions, the form and content of which shall be satisfactory to the Commission, for a property subject to use restrictions or public plaza requirements, as applicable, pursuant to this Section, shall be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk's office in the county where the tax lot is located.

The filing and recordation of such Notice of Restrictions shall be a precondition to the issuance of any building permit utilizing the provisions set forth in this Section. The recording information shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the restrictions remain in effect. No temporary certificate of occupancy for any portion of the building to be occupied by incentive uses shall be issued until a temporary certificate of occupancy for the core and shell is issued for all portions of the building required to be occupied by required industrial uses.

(e)        Periodic notification by owner

No later than the 20th day after the lease executed by a new tenant permits occupancy of any required industrial space, the owner of a building subject to use restrictions of this Section shall provide the following information at the designated Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public pursuant to paragraph (b)(6)(ii) of this Section. If no new tenant executes a lease for any required industrial space within the calendar year, such information shall be provided no later than the 20th day of the following calendar year. Such electronic information source shall be accessible to the general public at all times and include the information specified below:

(1)        the date of the most recent update of this information;

(2)        total floor area of the required industrial uses in the development;

(3)        a digital copy of all approved special permit drawings pursuant to paragraph (a)(1) through (a)(4) of this Section;

(4)        the name of each business establishment occupying floor area reserved for required industrial uses. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of floor area, the Use Group, subgroup and specific use as listed in this Resolution shall also be included;

(5)        contact information, including the name of the owner of the building and the building management entity, if different, the name of the person designated to manage the building, and the street address, current telephone number and e-mail address of the management office. Such names shall include the names by which the owner and manager, if different, do business and are known to the public; and

(6)        all prior periodic notification information required pursuant to the provisions of this paragraph (e). However, such notification information that is older than four years from the date of the most recent update need not be included.

(f)        Annual reporting by qualified third party

No later than June 30 of each year, beginning in the first calendar year following the calendar year in which a temporary or final certificate of occupancy was issued for a building subject to use restrictions of this Section, the owner of a building subject to use restrictions of this Section shall cause to be prepared a report on the existing conditions of the building, as of a date of inspection which shall be no earlier than May 15 of the year in which the report is filed.

The inspection shall be preceded by an annual notification letter from the owner of a building subject to use restrictions of this Section to all the required industrial use tenants of the building announcing the date of such inspection, that the organization conducting the inspection shall have access to the spaces occupied by required industrial uses, and encouraging the tenants to provide information including, but not limited to, the number of employees for each such space, to the organization.

The owner of a building subject to use restrictions of this Section shall cause such report to be prepared by either an organization under contract with the City to provide inspection services, or on the Department of Small Business Services list of certified firms that provides such inspection services, or by an organization that the Commissioner of the Department of Small Business Services determines to be qualified to produce such report, provided that any such organization selected by the owner to prepare such report shall have a professional engineer or a registered architect, licensed under the laws of the State of New York, certify the report. Such report shall be in a form provided by the Director of the Department of City Planning, and shall include all of the information required pursuant to the provisions of paragraph (e) of this Section, and additional information as set forth in this paragraph (f):

(1)        a description of each establishment including the North American Industry Classification System (NAICS) code and number of employees;

(2)        the total amount of required industrial use floor area that is vacant, as applicable;

(3)        the average annual rent for the portions of the building, in the aggregate, required to be occupied by required industrial uses. However, prior to 36 months from the date of execution of a lease by the first required industrial use tenant in the building, no such figure shall be required to be included in any report due pursuant to this paragraph (f). For all calendar years following the year in which the first average annual rent figure is required to be submitted as part of an annual report, the average annual rent figure reported shall be for the annual average rent for the calendar year two years prior to the year in which the report is due; and

(4)        the number of new leases executed during the calendar year, categorized by lease duration, in five year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.

The report shall be submitted to the Director of the Department of City Planning by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local City Council member shall be included in such transmission.

In association with an application for a special permit for developments or enlargements pursuant to Section 74-962 (Floor area increase and public plaza modifications in Industrial Business Incentive Areas), the City Planning Commission may reduce or waive the off-street parking requirements set forth in Section 44-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL OR COMMUNITY FACILITY USES), inclusive, not including bicycle parking, and may also reduce or waive the loading berth requirements as set forth in Section 44-50 (GENERAL PURPOSES), inclusive, provided that the Commission finds that:

(a)        such reduction or waiver will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;

(b)        the number of curb cuts provided are the minimum required for adequate access to off-street parking and loading berths, and such curb cuts are located so as to cause minimum disruption to traffic, including vehicular, bicycle and pedestrian circulation patterns;

(c)        the streets providing access to the development or enlargement are adequate to handle the traffic generated thereby, or provision has been made to handle such traffic; and

(d)        the reduction or waiver of loading berths will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement.

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

Any authorization or special permit granted by the City Planning Commission pursuant to this Chapter shall automatically lapse if substantial construction has not been completed as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution). For any renewal of such authorization or special permit, the provisions of Section 11-43 (Renewal of Authorization or Special Permit) shall apply.

A rooftop greenhouse shall be excluded from the definition of floor area and may exceed building height limits, upon certification by the Chairperson of the City Planning Commission that such rooftop greenhouse:

(a)        is located on the roof of a building that does not contain residences or other uses with sleeping accommodations;

(b)        will only be used for cultivation of plants, or primarily for cultivation of plants when accessory to a community facility use;

(c)        is no more than 25 feet in height;

(d)        has roofs and walls consisting of at least 70 percent transparent materials, except as permitted pursuant to paragraph (f)(3) of this Section;

(e)        where exceeding building height limits, is set back from the perimeter wall of the story immediately below by at least six feet on all sides; and

(f)        has been represented in plans showing:

(1)        the area and dimensions of the proposed greenhouse, the location of the existing or proposed building upon which the greenhouse will be located, and access to and from the building to the greenhouse;

(2)        that the design of the greenhouse incorporates a rainwater collection and reuse system; and

(3)        any portions of the greenhouse dedicated to office or storage space accessory to the greenhouse, which shall be limited to 20 percent of the floor space of the greenhouse, and shall be exempt from the transparency requirement in paragraph (d) of this Section.

Plans submitted shall include sections and elevations, as necessary to demonstrate compliance with the provisions of paragraphs (a) through (f) of this Section, as applicable. A copy of the proposed rooftop greenhouse plan shall be delivered to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the Commission. The certification of a rooftop greenhouse shall not be complete until the earlier of the date that the affected Community Board submits comments regarding such proposal to the Chairperson of the Commission or informs the Chairperson that such Community Board has no comments; or 45 days from the date that such proposal was submitted to the affected Community Board.

No building permits or certificates of occupancy related to the addition of residences or other uses with sleeping accommodations within the building may be issued by the Department of Buildings unless and until such rooftop greenhouse has been fully dismantled. A Notice of Restrictions shall be recorded for the zoning lot providing notice of the certification pursuant to this Section. The form and contents of the legal instrument shall be satisfactory to the Chairperson of the City Planning Commission, and the filing and recording of such instrument shall be a precondition to the use of such rooftop greenhouse. The recording information for the rooftop greenhouse certification shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the rooftop greenhouse remains intact.

Except as otherwise specifically provided, all prescribed distances shall be measured in a straight line, not necessarily coinciding with a street line.

The district boundaries on the zoning maps shall be interpreted in accordance with the provisions set forth in Sections 76-12 (Area Enclosed by District Boundary Line), 76-13 (Location of Boundary Line) and 76-14 (Additional Rules of Construction).

An area enclosed by a district boundary line shall be in the district designated therein.

The precise location of a boundary line is to be interpreted in accordance with the provisions set forth in this Section.

In cases where a boundary line extends parallel to the short dimension of the block and no dimensions are shown, such boundary line shall be considered to be located:

(a)        in the case of C1-1, C4-1, C4-2 or C4-4 Districts, 200 feet from the nearest street within the district;

(b)        in the case of C1-2, C1-3, C2-1, C2-2, C2-3, C4-3 or C7 Districts, 150 feet from the nearest street within the district; and

(c)        in the case of all other districts, 100 feet from the nearest street within the district.

In case of parallel streets, where a boundary line extends parallel to the long dimension of the block and no dimension is shown, such boundary line shall be considered to coincide with the center line of the block.

In case of streets which are not parallel, where a boundary line extends parallel to the long dimension of the block and no dimension is shown, such boundary line shall be considered as the bisector of the angle formed by prolonging the street lines to an intersection.

In cases where the boundary line is shown by a dimension as being located a specific distance from a street line, this distance shall be considered to be measured from the nearest street line of the street from which dimensioned.

In cases where a Limited Height District boundary line appears to be identical or approximately identical with the boundary line of another district whose location is shown by a dimension, the boundary line of the Limited Height District shall be considered to be identical with the boundary line of the other district.

In cases where the boundary line is given a position within a street, it shall be considered to be in the center of the street.

In cases where a C1 or C2 District is mapped within a Residence District and such C1 or C2 District abuts a street line, the boundary line along such abutting portion shall be deemed to be located in the center of the abutting street.

In cases where a boundary line is shown having a position oblique to the streets bounding the block in which it is located, it shall (unless otherwise fixed) be considered to be the bisector of the angle formed by the intersection of lines 100 feet from and parallel to each of said bounding streets, this distance being measured at right angles to said street lines.

In cases where a boundary line is shown as adjoining a railroad, it shall (unless otherwise fixed) be considered to coincide with the boundary line of the railroad right-of-way.

In cases of parks, cemeteries, or navigable waters, the boundary line shall (unless otherwise fixed) be considered to coincide with the boundary line of the park or the cemetery or the pierhead line, except that in cases where no pierhead line has been established, the shore line shall control.

Any island, or portion thereof, outside of the shore or pierhead lines, that is not a public park shall, unless otherwise designated or determined by the City Planning Commission, be considered to be in an R3-2 District.

The boundary line of a public park shall be considered a district boundary line.

The boundary lines of Special Scenic View Districts are set forth in Section 102-60 (SPECIAL SCENIC VIEW DISTRICTS SPECIFIED).

Whenever any zoning lot is located in two or more districts in which different uses are permitted, or in which different use, bulk, accessory off-street parking and loading, or other regulations apply, the provisions of this Chapter shall apply.

Whenever a zoning lot is divided by a boundary between two or more districts and such zoning lot did not exist on December 15, 1961, or any applicable subsequent amendment thereto, each portion of such zoning lot shall be regulated by all the provisions applicable to the district in which such portion of the zoning lot is located. However, the provisions of paragraph (a) of Section 77-22 (Floor Area Ratio) and Section 77-40 (SUPPLEMENTAL REGULATIONS) shall apply to zoning lots created at any time where different bulk regulations apply to different portions of such zoning lot.

Whenever a zoning lot is divided by a boundary between two or more districts and such zoning lot existed on December 15, 1961, or any applicable subsequent amendment thereto, the provisions of this Resolution may be applied to such zoning lot as set forth in subsequent Sections of this Chapter. Except as specifically provided in this Chapter, each portion of such zoning lot shall be regulated by all the provisions applicable to the district in which such portion of the zoning lot is located.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts in which different uses are permitted, the use regulations applicable to the district in which more than 50 percent of the lot area of the zoning lot is located may apply to the entire zoning lot, provided that the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

Whenever the use regulations are so applied, the district boundary may be assumed to be relocated accordingly, and the bulk, off-street parking and loading, and all other regulations applying to such expanded district shall apply to the entire zoning lot. However, when the zoning lot is divided by a district boundary between a district limited to single- or two-family residences and a district permitting multiple dwellings, the use and bulk regulations of an R3-2 District shall apply in the R1, R2, R3A, R3X or R3-1 portion, and the use and bulk regulations of an R4 District shall apply in the R2X, R4A, R4-1 or R4B portion.

Except as specifically provided by the provisions of a special purpose district, the provisions of this Section shall apply to zoning lots which are divided by a special purpose district boundary line.

Whenever a zoning lot is divided by a boundary between districts in which different uses are permitted and the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) do not apply, the applicable use regulations for each district shall apply to that portion of the zoning lot located within such district, except as provided in Section 73-42 (Enlargement of Uses Across District Boundaries) or 73-52 (Modifications for Zoning Lots Divided by District Boundaries).

The regulations governing use are set forth in Article II, Chapter 2; Article III, Chapter 2; and Article IV, Chapter 2.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts with different bulk regulations, and the provisions of Sections 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) or 77-211 (Conditions for application of bulk regulations to entire zoning lot) do not apply, the bulk regulations may apply as set forth in Sections 77-22 to 77-29, inclusive, relating to Bulk Regulations.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between:

(a)        two Residence Districts limited to single- or single- and two-family residences; or

(b)        two Commercial Districts or two Manufacturing Districts in which the same uses are permitted but different bulk regulations apply;

the bulk regulations applicable to the district in which more than 50 percent of the lot area of the zoning lot is located may apply to the entire zoning lot, provided that the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

Whenever the bulk regulations are so applied, the district boundary may be assumed to be relocated accordingly, and the off-street parking and loading and all other regulations applying to such expanded district shall apply to the entire zoning lot.

Except as specifically provided by the provisions of a Special Purpose District, the provisions of this Section shall apply to zoning lots that are divided by a Special Purpose District boundary line.

The maximum floor area ratio permitted on each portion of such zoning lot for the applicable type of building or buildings on such zoning lot shall be determined under the applicable regulations of Articles II, III and IV.

Each such floor area ratio shall be multiplied by the percentage of the zoning lot to which such floor area ratio applies. The sum of the products thus obtained shall be the adjusted maximum floor area ratio applicable to such zoning lot.

In applying this provision, the floor area bonus permitted for publicly accessible open areas or arcades, under the applicable regulations of this Resolution, shall apply only to such publicly accessible open areas, arcades or portions thereof, as are located in a district in which such bonus is granted.

When a zoning lot (with a height factor greater than 21) does not have a specified maximum floor area ratio, for the purpose of computing the adjusted maximum floor area ratio, the floor area ratio of such zoning lot shall be deemed to be that which can be achieved at the minimum required open space ratio for such zoning lot.

The floor area resulting from application of the adjusted maximum floor area ratio may be located anywhere on the zoning lot, subject to all other regulations of this Resolution, and provided that the floor area ratio for any portion of the zoning lot within one district shall not exceed the maximum floor area ratio, by height factor, if applicable, specified for that district, or the adjusted maximum floor area ratio for the zoning lot, whichever is greater, except as follows:

(a)        In R3-2 Districts, R4 Districts, except R4A, R4-1 and R4B Districts, R5 Districts, and equivalent Commercial Districts, and for Quality Housing buildings in R6, R7 and R8 Districts and equivalent Commercial Districts outside the Manhattan Core, the residential floor area ratio of that portion of the zoning lot fronting on and within 100 feet of a wide street and permitting the greater maximum permitted residential floor area ratio may exceed the maximum permitted residential floor area ratio for the portion of the zoning lot by up to 20 percent, provided that the maximum residential floor area ratio for the zoning lot does not exceed the adjusted maximum residential floor area ratio applicable to such zoning lot.

(b)        For portions of zoning lots within an R2X, R3-1, R3A, R3X, R4-1, R4A or R4B District not subject to the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot), the floor area ratio for such portion of the zoning lot shall not exceed the maximum floor area ratio specified for that district.

The open space required for such zoning lot shall be computed separately for each portion of the zoning lot under the applicable regulations of the underlying districts. The total open space provided on the zoning lot shall not be less than the sum of such required open space so computed.

For portions of the zoning lot located in districts that have required open space ratios, the required open space for each such portion is computed by multiplying the lot area of that portion, by the maximum floor area ratio permitted for the applicable type of building or buildings, by the minimum open space ratio required at that floor area ratio, divided by 100.

For portions of the zoning lot located in other districts that do not have required open space ratios but do have required open space, the required open space for each such portion is computed by multiplying the lot area of that portion, by the minimum percentage of open space required, divided by 100.

For portions of the zoning lot located in districts that do not have a required open space ratio or required open space, no open space shall be required but any required yards, or publicly accessible open area provided, for which a floor area or lot area bonus is taken, shall be in addition to the amount of open space required on the remaining portion of the zoning lot. No open area may be counted twice in fulfilling these requirements.

The required open space may be located anywhere on the zoning lot subject to all other regulations of this Resolution and provided that the open space ratio for any portion of the zoning lot within one district shall not be less than 60 percent of the required open space ratio for that district.

The maximum percent of lot coverage permitted on each portion of a zoning lot shall be determined under the applicable regulations of Article II, Chapters 3 and 4.

Each such maximum percent of lot coverage shall be multiplied by the lot area of the portion of the zoning lot to which such percent of lot coverage applies. The sum of the areas of lot coverage thus obtained shall be the maximum area of lot coverage for the zoning lot. Such maximum area of lot coverage, divided by the lot area of the zoning lot, shall be the adjusted maximum percent of lot coverage for the zoning lot.

A building whose lot coverage does not exceed the adjusted maximum percentage of lot coverage may be located anywhere on such zoning lot or portion of such zoning lot, subject to all other regulations of this Resolution, and provided that the percentage of lot coverage for any portion of the zoning lot within one district shall not exceed the maximum percentage of lot coverage specified for that district, or the adjusted maximum percentage of lot coverage for the zoning lot, whichever is greater.

If a zoning lot divided by a boundary between two or more districts is partly a corner lot and partly an interior lot or through lot, separate adjusted maximum percentages of lot coverage shall be computed for such corner lot and for such interior lot or through lot and applied separately to such corner lot and to such interior lot or through lot, as though each were a separate zoning lot. The provisions of this paragraph shall not apply to zoning lots located on waterfront blocks.

If a zoning lot is partly in a district in which there is no maximum permitted percentage of lot coverage for the use, the provisions of this Section shall apply to such portions of the zoning lot as are in a district with a maximum lot coverage requirement.

In R2X, R3, R4 or R5 Districts for residential portions of buildings, each portion of the zoning lot shall be governed by the lot coverage regulations specified for the district in which it is located as set forth in Article II, Chapter 3.

Wherever a zoning lot is divided by a district boundary in which one portion of the zoning lot is located in a district having a lot coverage requirement and the other portion is located in a district having an open space ratio requirement, the required open space for the portion having the open space ratio requirement shall be computed in accordance with Section 77-23 (Open Space Ratio). The inverse of such required open space shall be the maximum lot coverage permitted on that portion of the zoning lot, and may be located anywhere on the zoning lot subject to all other regulations of this Resolution.

Whenever a zoning lot is divided by a boundary between districts with different density requirements, the maximum number of dwelling units or rooming units permitted on the zoning lot shall equal the sum of the maximum number of dwelling units or rooming units permitted for each portion of the zoning lot in accordance with the applicable district regulations. Such dwelling units or rooming units may be located wherever a building is permitted on the zoning lot. However, for portions of zoning lots in R1, R2, R3-1, R3A, R3X, R4-1, R4A, R4B or R5A Districts, no more than one or two dwelling units may be provided, as applicable.

The minimum lot area and lot width regulation applying to the district with the more restrictive regulations shall apply to the entire zoning lot.