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 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).

Subject to the general findings required by Section 73-03 and in accordance with the provisions contained in Sections 73-10 to 73-20, 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 R1 through R5 Districts, the following uses shall be subject to the height and setback regulations for community facilities applicable to an R2 District:

From Use Group V

Overnight camps

From Use Group IV

Public utility or public service facilities

Radio and television towers, non-accessory

From Use Group VIII

Outdoor day camps

Riding academies or stables.

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 32-43 or 42-53 (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).

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.

The following Sections shall apply to zoning lots located wholly or partially within the flood zone.

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

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.

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.

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:

1. 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.
2. 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.
3. 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.
4. For applications relating to Sections 73-311 (Drive-through facilities), 73-46 (Exceptions to Maximum Size of Accessory Group Parking Facilities) and 73-47 (Roof Parking), 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.
5. The following shall apply regarding terms of years for special permits:
   1. For special permit uses issued by the Board of Standards and Appeals prior to June 6, 2024, such permit may continue pursuant to the terms established at the time such permit was granted, as applicable.
      
      For special permit uses granted after June 6, 2024, except for uses in Use Groups III or IV, the Board may issue permits not to exceed 10 years. For a use where a special permit has previously been granted, the term may exceed 10 years at the discretion of the Board.
   2. For other special permits, 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 involving a 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.
6. Any violation of the terms of a special permit may be grounds for its revocation.
7. 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.
8. 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 73-132 (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 Facilities and Infrastructure), inclusive.

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 may include, but shall not be limited to, environmental considerations, traffic and parking mitigations, landscaping and buffering measures, hours of operation limitations, safety measures, or programs for continuing maintenance. 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.

In Commercial Districts and Manufacturing Districts, the Board of Standards and Appeals may permit modifications to the underlying streetscape regulations of Section 32-30, inclusive,  including as such provisions are modified by a Special Purpose District or other special geography of this Resolution. 

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

1. such modification is the minimum extent necessary;
2. such modification will not impair the character or the future use or development of the surrounding area; and
3. the modifications are necessary to support the operation of such use.

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

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.

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 uses in parking requirement category A3 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 uses in parking category A3 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 A2 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 USES IN PARKING REQUIREMENT CATEGORY A3

^*        For ambulatory diagnostic or treatment facilities listed in Use Group III(B), 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 accessory group parking facilities with more than 150 spaces in Commercial or Manufacturing Districts or for hospital and related facilities listed under Use Group III(B) 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 36-56 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.

In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C4-1, C4-2, C4-3, C4-4, C7 outside the Greater Transit Zone, 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 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 referenced commercial and manufacturing use, 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 one listed in Use Group X and is permitted only in Manufacturing Districts; 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 through R12 Districts or in a Commercial District 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 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 include the following uses listed under Use Group III:

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 III(B)

Schools.

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 23-344, 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:

1. 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
2. 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.

In addition, for buildings in R3, R4 and R5 Districts in lower density growth management areas subject to the provisions of Section 24-05 (Buildings containing certain community facility uses) 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:

1. the amount and type of open area and its distribution on the zoning lot is compatible with the character of the neighborhood;
2. the distribution of bulk on the zoning lot will not unduly obstruct access of light and air to adjoining properties or streets; and 
3. 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 flood zones, for all districts, the Board of Standards and Appeals may permit modification of the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), and any other applicable ground floor use, supplementary use, bulk, and parking regulations of the Zoning Resolution, provided that the conditions of paragraph (a) of this Section, and the findings of paragraph (b) are met.

For the purposes of this Section, defined terms include those in Section 12-10 and those in Section 64-11.

1. Conditions
   
   All applications shall be subject to the following conditions:
   1. the building complies with flood-resistant construction standards;
   2. any modification of height and setback regulations related to increasing the permitted overall height shall not exceed the maximum height permitted by the applicable underlying district regulations by 10 percent, or 10 feet, whichever is greater, as measured from the reference plane; and
   3. any increase in the amount of permitted floor area shall be limited to no more than 20 percent of the floor area permitted on the zoning lot, and in no event more than 10,000 square feet of floor area. However, such restriction shall not apply to non-complying buildings with non-complying floor area, provided that the total floor area of the altered, enlarged, relocated, or reconstructed building, does not exceed the amount of existing floor area of such pre-existing building.
2. Findings
   
   In order to grant the special permit, the Board shall find that:
   1. there would be a practical difficulty in complying with flood-resistant construction standards without such modifications, and that such modifications are the minimum necessary to allow for an appropriate building in compliance with flood-resistant construction standards;
   2. any modification related to an increase in the amount of permitted floor area is the minimum necessary to address practical difficulties in retaining pre-existing habitable space;
   3. any modification related to parking regulations to permit a reduction in the number of accessory off-street parking spaces and the change in location of accessory off-street parking spaces, will:
      1. facilitate an improved site plan;
      2. not cause traffic congestion; and
      3. 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; and
   4. the proposed modifications will not alter the essential character of the neighborhood in which the building is located, nor impair the future use or development of the surrounding area in consideration of the neighborhood’s potential development in accordance with flood-resistant construction standards.

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

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 Section 27-134 (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 listed under Use Group IV shall be subject to the height and setback requirements of an R2 District:

Fire stations

Police stations

Electric utility substations or public transit or railroad electric 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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. The Commission may authorize any special permit use for such term of years as it deems appropriate.
6. 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 Sections 74-193 or 74-194; 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 Sections 74-142 or 74-147, 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 Section 27-131 (Mandatory 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 27-12 (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 Section 27-131.

In Residence Districts the City Planning Commission may allow, by special permit, modifications to the underlying use regulations to permit uses that would be permitted in a C2 District on the ground floor level of a building. However, accessory drive-through facilities serving a use listed under Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), shall not be permitted. The Commission may also permit the sign regulations applicable to a C2 District to be applied to such use. In order to grant such permit, the Commission shall find that the conditions of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions
   
   As a condition for the special permit, the applicant shall demonstrate that the proposed use:
   1. is located on a large-scale development, or is located on either a single zoning lot that has an area of at least 1.5 acres, or two or more contiguous zoning lots, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, that has an area of at least 1.5 acres and contains residences; and
   2. does not exceed a size of 15,000 square feet. The floor area associated with such uses permitted in a C2 District shall be considered a community facility use for the purposes of determining compliance with the applicable district floor area ratio regulations.
2. Findings
   
   In order to grant the special permit, the Commission shall find that:
   1. such use will serve residents on the zoning lot and the surrounding residential area;
   2. such use will generate a minimum of vehicular traffic to and through local streets and will not create traffic congestion;
   3. such use will not produce objectionable effects; and
   4. such use, including any permitted signs, will not alter the essential character of the neighborhood in which the building is located.

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

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:

1. 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
2. that available off-site parking and mass transit facilities are adequate to satisfy the additional parking demand generated by such community facility.

Outside the Inner Transit Zone, the City Planning Commission may permit the reduction or removal of accessory off-street parking spaces required pursuant to Section 25-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES), provided the Commission finds that such reduction or removal:

(a)    will not impede access to existing accessory off-street parking spaces on adjoining zoning lots; and

(b)    will not have undue adverse effects on residents, businesses or community facilities in the surrounding area; 

The Commission may prescribe 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.

The City Planning Commission may permit a development or enlargement on a zoning lot that includes either a railroad right-of-way or a former railroad right-of-way where the lot area is one and a half acres or greater, and may include a railroad right-of-way that would otherwise be considered a block boundary in the lot area of such zoning lot, provided the Commission finds that:

1. the distribution of floor area on the zoning lot does not adversely affect the character of the surrounding area by being unduly concentrated in any portion of such development or enlargement; and
2. where the zoning lot includes a former railroad right-of-way and a transportation agency has a plan to use such tract of land for transportation purposes, the site plan does not preclude future improvements to facilitate such transportation purposes. 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 such plans.

On zoning lots of any size that require a certification pursuant to Section 75-411 (Developments on or over railroad rights-of-way), the Commission may permit the establishment of an appropriate level or levels instead of curb level, base plane, or other applicable reference plane, 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.

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

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:

1. 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
2. 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.

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.

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 23-35 to 23-37, 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 23-33 to 23-34, 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.

The City Planning Commission may permit the allowances in paragraph (a) provided that the findings in paragraph (b) are met,

1. The Commission may permit:
   1. in Commercial Districts or Manufacturing Districts where the maximum floor area ratio for non-residential uses is 15.0 or greater, a transfer of development rights pursuant to Section 75-42 (Transfer of Development Rights From Landmarks) that exceeds the maximum floor area allowable on such zoning lot by more than 30 percent; or
   2. in all districts, for developments or enlargements, bulk modifications, other than floor area ratio, to be made in conjunction with a transfer of development rights pursuant to Section 75-42.
2. In order to grant such special permit, the Commission shall find that:
   1. the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets; and
   2. the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area.

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

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 or 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, C6-9, C6-11 or C6-12 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 M1-5 or M1-6 Districts, the City Planning 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:

1. that such bulk modifications will not unduly obstruct the access of light and air to surrounding streets and properties; and
2. 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.

C4-7 C5-2 C5-3 C5-4 C5-5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C6-11 C6-12 M1-6A M1-7A M1-8A M1-9A

In the districts indicated and in the Special Midtown South Mixed Use District, the City Planning Commission may permit floor area bonuses for covered pedestrian space in accordance with the provisions of Sections 74-851 through 74-853, inclusive.

In C1 and C2 Districts when mapped in R6 through R12 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, C4-9, C4-11, C4-12, C5-1, C6-1, C6-2, C6-3, C7, C8-2, C8-3, C8-4, M1-1A through M1-4A, M1-2 through 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.

In Residence Districts and Commercial Districts, the City Planning Commission may permit, in conjunction with a laboratory listed under Use Group VII,  modifications to bulk regulations, other than floor area ratio, provided that the following findings are met.

In order to grant the special permit, the Commission shall find that the proposed bulk modifications:

1. will not unduly affect the essential character or impair the future use and development of the surrounding area; and
2. will not unduly obstruct the access of light and air to adjoining properties or public streets.

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 listed in Use Group III permitted as-of-right pursuant to the provisions of Sections 22-13, or long-term care facilities for which a special permit has been granted pursuant to Section 74-131, 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 III;

(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 III;

(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 R12 Districts without a letter suffix, and in Commercial Districts mapped within, or with a residential equivalent of such 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, 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.

For a zoning lot occupying an entire block located in an R9 or an R10 District, or in commercial districts mapped within, or with a residential equivalent of an R9 or an R10 District, partially within the Special Park Improvement District, and containing a non-profit or voluntary hospital and related facilities, as listed in Use Group III(B), the City Planning Commission may, by special permit, allow the modifications set forth in paragraph (a) of this Section, provided the conditions set forth in paragraph (b) and findings set forth in paragraph (c) are met.

1. The Commission may allow an increase in the maximum community facility floor area ratio by up to a maximum of 20 percent. A floor area bonus pursuant to this Section may be used in combination with a floor area bonus permitted pursuant to Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), and the combination of such bonuses may exceed 20 percent of the maximum floor area ratio otherwise permitted.
   
   In connection with such floor area bonus, the Commission may allow modifications to applicable bulk regulations.
2. In order to grant a special permit pursuant to this Section, the following conditions shall be met:
   1. a minimum floor area of 95 percent of any development or enlargement on such zoning lot will be allocated to such hospital use;
   2. the bonus floor area allowed pursuant to this Section shall be exclusively allocated to such hospital use; and
   3. the amount of floor area to be located on the portion of such zoning lot within the Special Park Improvement District shall not exceed a floor area ratio of 10.0.
3. In order to grant a special permit pursuant to this Section, the Commission shall find that:
   1. the public benefit derived from such proposed hospital development or enlargement merits the additional floor area being granted pursuant to this special permit;
   2. where bulk modifications are utilized, such modifications will provide a more satisfactory physical relationship to existing hospital buildings or other structures on the zoning lot, and facilitate a more efficient and integrated site plan; and
   3. where bulk modifications are utilized, the distribution of bulk on the zoning lot will result in a satisfactory site plan and urban design relationships of buildings or other structures to adjacent streets and the surrounding area.

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 23-22 (Floor Area Regulations for R6 through R12), 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.

For a building containing a museum listed under Use Group III(B), 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.

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:

1. 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;
2. 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;
3. 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;
4. 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
5. 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.

For developments or enlargements on zoning lots located within any Industrial Business Incentive Area specified on the maps in Section 74-948 (Maps of Industrial Business Incentive Areas), the City Planning Commission may increase the maximum permitted floor area ratio in accordance with Section 74-943 (Permitted floor area increase). In conjunction with such floor area increase, the Commission may permit modifications to other bulk regulations, provisions for publicly accessible open spaces, as well as parking and loading requirements for such developments or enlargements, pursuant to Section 74-944 (Modifications in conjunction with a floor area increase).

All applications for a special permit pursuant to this Section, inclusive, shall be subject to the requirements, conditions and findings set forth in Section 74-942 (Application requirements), Section 74-945 (Conditions), Section 74-946 (Findings), and Section 74-947 (Compliance, recordation and reporting requirements).

For developments or enlargements of buildings containing residences on zoning lots with irregular site conditions, the City Planning Commission may permit modifications to the applicable bulk regulations, other than floor area ratio, provided that the following findings are met:

1. there are physical conditions, including, but not limited to, irregular lot size or shape, topographical features, the presence of an existing building or proximity to transportation infrastructure, that creates practical difficulties in complying with the applicable residential bulk regulations and would adversely affect the configuration of residences or the building site plan;
2. the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;
3. the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and
4. the requested modification is necessary to relieve such practical difficulties.

The Commission may prescribe appropriate 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.

For developments or enlargement of buildings in C4, C5, C6, C8, M1, M2, or M3 Districts, as well as M1 Districts paired with Residence Districts, the City Planning Commission may authorize modifications to the applicable bulk regulations, other than floor area ratio, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions
   
   As a condition for the authorization, the proposed development or enlargement shall:
   1. be allocated exclusively to non-residential uses; and
   2. comply with the applicable bulk regulations of a C7 District. In order to apply such bulk regulations:
      1. where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is less than 2.0, the provisions for a C7-1 District shall be applied;
      2. where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is greater than or equal to 2.0 but less than 3.0, the provisions for a C7-2 District shall be applied; and
      3. in all other instances, one shall determine the particular C7 District with the same maximum permitted floor area ratio as that of the highest floor area ratio permitted for a use in the proposed development or enlargement pursuant to the district regulations. Where there is no C7 District with the same maximum permitted floor area ratio, the C7 District with the closest floor area ratio above that of the applicable district shall be selected. 
2. Findings
   
   In order to grant the authorization, the Commission shall find that such bulk modifications:
   1. will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area; and
   2. will not unduly obstruct access of light and air to surrounding streets and properties.

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

For zoning lots in R3-2 Districts, as well as R4 and R5 Districts without a letter or number suffix, the City Planning Commission may authorize modifications to the applicable height and setback regulations for residences, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions and limitations
   
   The height modifications shall not apply to buildings utilizing the optional provisions for predominantly built-up areas set forth in Section 23-71, inclusive.
2. Findings
   
   The Commission shall find that:
   1. where the height modification is proposed for a zoning lot containing qualifying senior housing, the additional floor area permitted for the use is accommodated in an efficient manner;
   2. where the height modification is proposed for other residences, by concentrating permitted floor area in a building or buildings of greater height, the preservation of an existing building, topography, vegetation, or view corridors having environmental, historic or aesthetic value to the public will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area;
   3. such modification is the least modification required to achieve the purpose for which it is granted;
   4. the proposed modification does not impair the essential character of the surrounding area; and
   5. the proposed modification will not have adverse effects upon light, air, and privacy of adjacent properties and of any existing buildings on the zoning lot.

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

For buildings existing on December 31, 1990, the City Planning Commission may authorize an enlargement, extension, conversion, change of use or other alteration to a building that includes or will include residences that would create a new non-compliance or increase the degree of an existing non-compliance, with the applicable bulk regulations, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions
   
   The following conditions shall be met:
   1. Where maximum building height limitations apply, the proposed height modifications shall not result in an increase that exceeds 25 percent of the height permitted by the applicable district regulations, or the height of the existing building, whichever is greater; and
   2. Where floor area ratio modifications are proposed, no increase in residential floor area shall exceed the maximum floor area permitted by the applicable district regulations by more than 20 percent.
2. Findings
   
   In order to grant such authorization, the Commission shall find that:
   1. the configuration of the existing building, proximity to other buildings, or other site conditions create practical difficulties that would adversely affect the configuration of residences or the building site plan;
   2. for enlargements, where applicable:
      1. the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;
      2. the proposed scale and placement relates harmoniously with the surrounding area; and
   3. the requested modification is the least amount necessary to relieve such practical difficulties.

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

In all districts, for developments or enlargements, the City Planning Commission may authorize bulk modifications, other than floor area ratio, to be made in conjunction with a transfer of development rights from landmark buildings or other structures certified pursuant to Section 75-42 (Transfer of Development Rights From Landmarks), provided the Commission determines that the conditions and limitations set forth in paragraph (a) and the findings set forth in paragraph (b) of this Section are met:

1. Conditions and limitations
   
   Where maximum building height limitations apply, modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height as set forth in applicable district regulations.
2. Findings
   
   The Commission shall find that:
   1. the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;
   2. the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and
   3. the requested modification is the least amount necessary to reasonably accommodate such transferred development rights.

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

In the Inner Transit Zone, the City Planning Commission may authorize the reduction or removal of accessory off-street parking spaces required pursuant to Section 25-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES) provided the Commission finds that such reduction or removal:

(a)    will not impede access to existing accessory off-street parking spaces on adjoining zoning lots; and

(b)    will not have undue adverse effects on residents, businesses or community facilities in the surrounding area; 

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

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.

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 Section 77-22 (Floor Area Ratio) 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.

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 this Resolution.

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.

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, specified for that district, or the adjusted maximum floor area ratio for the zoning lot, whichever is greater, except that the 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.

In applying the provisions of this Section, the following conditions shall apply:

1. 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; and
2. when a zoning lot contains a sky exposure plane building which 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 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.

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, wherever portions of a zoning lot are limited to single- or two-family residences pursuant to Section 22-12 (Use Group II – Residences), inclusive, 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.

Each portion of the zoning lot shall be governed by the yard regulations specified for the district in which it is located.

For zoning lots divided by district boundaries in which all applicable height and setback regulations include the use of sky exposure planes, the height and setback regulations of each street frontage of the zoning lot shall be determined by multiplying the quantitative requirements set forth in the regulations of the Chapters, which are applicable to each portion of such street frontage, by the percentage of such street frontage to which such regulations apply. The sum of the products obtained shall be the controlling requirements for the zoning lot.

In determining the percentage of such street frontage, the percentage shall be based on the total frontage of the zoning lot along such street.

However, if any portion of such zoning lot is located within a Limited Height District, the provisions of Sections 23-443, 24-591 or 33-491 (Limited Height Districts) shall apply to any portion of a building utilizing sky exposure plane provisions.

For all other zoning lots, each portion of such zoning lot shall be regulated by the height and setback provisions applicable to the district in which such portion of the zoning lot is located.

For the purposes of defining a building envelope pursuant to Section 23-421, apex points may be located on a zoning district boundary which divides a building.

Furthermore, if any portion of a zoning lot is located in an R2X, R3, R4, R4-1 or R4A District, the height and setback regulations specified for such district may apply to the entire zoning lot provided that such district comprises more than 50 percent of such zoning lot, and 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.

If 50 percent or more of a zoning lot is located within a district to which the provisions of Sections 23-435, 23-737, 24-54, 33-45 or 43-45 (Tower Regulations) apply, and the remaining portion of the zoning lot is within a district to which such provisions do not apply, a tower, which, in the aggregate, occupies not more than the percentage of the lot area permitted for the particular district in which the tower is permitted, may be applied to the lot area of the entire zoning lot. Such tower may penetrate any applicable established sky exposure plane, or maximum base height, as applicable, provided that such tower shall comply with the applicable setback requirements or restrictions on aggregate area that may be occupied.

If 50 percent or more of a zoning lot is located in a district in which the provisions of Sections 33-455 (Alternate regulations for towers on lots bounded by two or more streets), 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) apply, and the remaining portion of the zoning lot is within a district in which such provisions do not apply, any building or any tower that occupies not more than the applicable percent of the lot area of a zoning lot as set forth in Section 33-455 or 33-456 and which complies with the applicable setback requirements as set forth in Sections 33-455, 33-456 or 33-457, may penetrate any applicable established sky exposure plane.

Subject to the requirements set forth hereinbefore and those specified in Sections 77-22 (Floor Area Ratio) and 77-23 (Open Space Ratio), such tower may be located anywhere on such zoning lot.

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 off-street parking or loading regulations, and the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) do not apply, the off-street parking and loading regulations may apply as set forth in this Chapter.

When such boundary is between two Residence Districts or two Commercial Districts or two Manufacturing Districts, the provisions of this Section shall apply.

When such boundary is between a Residence District and a Commercial District, or between a Commercial District and a Manufacturing District, or between a Residence District and a Manufacturing District, the provisions of this Section shall apply.

The regulations set forth in this Chapter are designed to deal with certain types of problems which arise only in connection with large-scale residential developments and to promote and facilitate better site planning and community planning through modified application of the district regulations in such developments.

For large-scale residential 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. For such developments, the regulations of this Chapter are designed to allow greater flexibility for the purpose of securing better site planning for development of vacant land and to provide incentives toward that end while safeguarding the present or future use and development of surrounding areas and, specifically, to achieve more efficient use of increasingly scarce land within the framework of the overall bulk controls, to enable open space in large-scale residential developments to be arranged in such a way as best to serve active and passive recreation needs of the residents, to protect and preserve scenic assets and natural features such as trees, streams and topographic features, to foster a more stable community by providing for a population of balanced family sizes, to encourage harmonious designs incorporating a variety of building types and variations in the siting of buildings, and thus to promote and protect public health, safety and general welfare.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

Floor area

For the purposes of this Chapter, in R3, R4 or R5 Districts, floor area shall be as defined in Section 12-10, except that:

(a)        floor area shall not include up to 200 square feet of floor space located in any story used for required accessory off-street parking spaces within individual garages; and

(b)        within the definition of floor area in Section 12-10, listed under “floor area includes,” paragraph (i)(3) shall not apply, and listed under “floor area of a building shall not include,” paragraph (6)(ii), shall not apply.

Large-scale residential developments are governed by all the use, bulk, off-street parking and loading, and other applicable regulations of this Resolution, except for such special provisions as are specifically set forth in this Chapter and apply only to such large-scale residential developments.

Any large-scale residential development having a total of at least 500 dwelling units shall be subject to the provisions of Section 78-11 (General Provisions), relating to Provision of Public Facilities in Connection with Large-Scale Residential Developments.

Large-scale residential developments within the waterfront area shall be subject to the provisions of Section 62-132 (Applicability of Article VII, Chapters 4, 8 and 9).

An application to the City Planning Commission for an authorization or special permit respecting any large-scale residential development shall include a site plan and related schedules showing the location and proposed use of all buildings or other structures on the site, the location of existing natural features such as important trees or clusters of trees, streams or rock formations, and all information necessary to indicate the authorizations requested and their justification.

The Commission shall require, where relevant, a time schedule for carrying out the proposed large-scale residential development, a financial plan, a subdivision plan and, in the case of a site plan providing for common open space 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.

(a)        Except as otherwise provided in this Section, any large-scale residential development for which application is made for an authorization or special permit or modification thereto, in accordance with the provisions of this Chapter, shall be on a tract of land that 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. Except as otherwise provided in this Section, no authorization or special permit or modification thereto, shall be granted for such large-scale residential development unless the applicant(s) acquired actual ownership (single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10 for all zoning lots comprising the large-scale residential development) of, or executed a binding sales contract for, all of the property comprising such tract.

(b)        Notwithstanding the provisions of paragraph (a) of this Section, the following actions shall be permitted:

(1)        When a large-scale residential development is part or all of a designated urban renewal project, the City's urban renewal agency, or a person authorized by such agency, may make application for and may be granted authorizations or special permits under the provisions of this Chapter, even though such large-scale residential development does not meet the ownership requirements set forth in paragraph (a) of this Section. All parcels comprising such large-scale residential development shall be within the designated urban renewal area and subject to the urban renewal controls set forth in the approved urban renewal plan.

(2)        In the event that the urban renewal plan has expired, the owner(s) of a vacant parcel(s) within such large-scale residential development, if located in a former urban renewal area listed in this paragraph, (b)(2), may make application for and may be granted modifications of authorizations or special permits previously granted under the provisions of this Chapter with respect to such parcel(s), subject to the conditions of paragraph (b)(5) of this Section.

(3)        The owner(s) of a developed parcel(s) within a large-scale residential development located in a former urban renewal area listed in paragraph (b)(2), where at least 50 percent of such parcel(s) is located within a C1-9 or C2-8 District, may make application for, and may be granted, modifications of authorizations or special permits previously granted under the provisions of this Chapter, in order to utilize available floor area for commercial or community facility uses, subject to the conditions of paragraph (b)(5) of this Section and provided further that:

(i)        no residential use existing prior to July 23, 2008, located above the level of the ground floor may be changed to a non-residential use;

(ii)        the enlarged portion of the building shall be restricted to community facility uses and commercial uses listed in Use Group VI, provided that any ground floor community facility use, and any bank or loan office shall occupy not more than 25 feet of the wide street frontage, measured to a depth of 30 feet from the wide street line, and no community facility use shall be permitted above the level of the second story ceiling;

(iii)        any enlargement fronting upon Columbus or Amsterdam Avenue shall contain a number of establishments, such that the entire block front on Columbus or Amsterdam Avenue shall contain no fewer than three establishments, each with a separate entrance on Columbus or Amsterdam Avenue. The Columbus or Amsterdam Avenue frontage of any one such establishment shall not exceed 100 feet;

(iv)        the ground floor street wall of an enlargement located within C1-9 or C2-8 Districts shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of the area of each such ground floor street wall, measured to a height of 12 feet above the level of the adjoining sidewalk or public access area;

(v)        required open space with appropriate circulation, seating, lighting and plantings shall be accessible and usable by all residents of the large-scale residential development;

(vi)        a plan, including elevations, shall be submitted showing the proposed building(s) and modification, and open space; and

(vii)        the enlargement enhances the streetscape and the design promotes a harmonious relationship with the existing buildings and contiguous blocks within the large-scale residential development.

In addition, any significant adverse impacts resulting from a development or enlargement pursuant to such modifications, considered in combination with developments or enlargements within the former urban renewal area listed in paragraph (b)(2), previously the subject of modifications under this paragraph, (b)(3), shall have been avoided or minimized to the maximum extent practicable by incorporating as conditions to the modification those mitigative measures that have been identified as practicable.

The provisions of paragraphs (b)(3)(ii) and (b)(3)(iii) shall not apply to enlargements of community facility uses and bank or loan offices existing prior to July 23, 2008, provided that such enlargement does not increase existing street frontage on Columbus or Amsterdam Avenues by more than 10 feet.

An application filed pursuant to this paragraph, (b)(3), shall be referred to the affected Community Board, and the City Planning Commission shall not grant any modification of an authorization or special permit pursuant thereto prior to 45 days after such referral.

(4)        For any large-scale residential development located in the Community District(s) listed in this paragraph, (b)(4), the owner(s) of a vacant parcel(s) may make application for and may be granted modifications of authorizations or special permits previously granted under the provisions of this Chapter with respect to such parcel(s), subject to the conditions of paragraph (b)(5).

(5)        Modifications of authorizations or special permits previously granted under the provisions of this Chapter, as permitted in paragraphs (b)(2), (b)(3) and (b)(4) of this Section, shall not:

(i)        result in the distribution of floor area from any zoning lot not coextensive with or included within such parcel(s); or

(ii)        increase the total allowable floor area on any zoning lot included within such parcel(s) beyond that amount permitted by the applicable district regulations.

Such modifications may include the withdrawal of such parcel(s) from the boundaries of the large-scale residential development, provided that such modification would not create a non-compliance within the large-scale residential development.

(6)        When a large-scale residential development is to be developed or enlarged through assemblage by any other governmental agency, other than the City’s urban renewal agency, or its agent, having the power of condemnation, authorizations or special permits may be applied for and may be granted under the provisions of this Chapter, even though such large-scale residential development does not meet the ownership requirements set forth elsewhere in this Section.

(7)        In the event that the urban renewal plan has expired, the owner(s) of a parcel(s) of land previously used as open space for a term of years that has expired within such large scale residential development, if located in a former urban renewal area listed in this paragraph, (b)(7), may make application for and be granted modifications of authorizations or special permits previously granted under the provisions of  this Chapter, where such modifications do not seek the distribution of floor area from any zoning lot not included within such parcel(s), for a development that includes a building and public open space permitted by the applicable district regulations. Such modifications shall result in a site plan that includes a building and public open space that are appropriately located and oriented with respect to other uses in 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.

The following regulations apply to all large-scale residential developments with a total of at least 500 dwelling units, except duly authorized urban renewal projects, as a condition precedent to the issuance of a building permit.

A large-scale residential development may include within its area any residential uses, commercial uses or community facility uses permitted in the district or districts in which it is located. The commercial uses in these Commercial Districts shall be restricted to uses permitted in C1, C2 or C4 Districts.

A large-scale residential development in a Residence District may contain as accessory uses, any commercial uses listed in Use Group VI which in the aggregate occupy not more than two percent of the total floor area in the large-scale residential development, and of which no single establishment occupies more than 15,000 square feet of floor area, provided that upon a review of the site plan, the City Planning Commission finds that such commercial uses:

(a)        will be primarily for the use of the residents of the large-scale residential development and will provide more convenient shopping for such residents;

(b)        are so located as to minimize interference with residential or recreational areas within the large-scale residential development and to avoid creation of traffic congestion or other objectionable influences affecting residences outside the large-scale residential development;

(c)        comply with all the applicable bulk and off-street parking and loading regulations for such accessory commercial uses, as set forth in Article II, Chapters 3 and 5; and

(d)        conform to those provisions of the following Sections which are applicable to commercial uses in C1 Districts:

Section 32-41 (Enclosure Within Buildings)

Section 32-42 (Location Within Buildings)

Sections 32-61 to 32-68, inclusive, relating to Sign Regulations.

(a)        General provisions

For the purposes of this Section, the term "periphery" shall mean any street line bounding a large-scale residential development or any lot line abutting a zoning lot that is not part of the large-scale residential development. The term "wholly within" shall therefore mean any area of the large-scale residential development which is not within the area designated as "periphery." However, in R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts, the "periphery" shall also include all portions of a large-scale residential development within 100 feet of a peripheral street line or within 30 feet of any other peripheral lot line, except for portions directly opposite:

(1)        an area of at least 1.5 acres in a Residence District that is either vacant or land with minor improvements; or

(2)        a large-scale residential development developed pursuant to the provisions of paragraph (b) of this Section; or

(3)        a Commercial or a Manufacturing District.

All buildings or other structures in the periphery of a large-scale residential development shall comply with the height and setback regulations of Article II, Chapter 3, except as otherwise provided in this Section.

Special provisions applying to large-scale residential developments in R3, R4 or R5 Districts are set forth in paragraphs (b) and (c) of this Section. The provisions of paragraph (b) shall apply to any large-scale residential development in R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts. The provisions of paragraph (c) shall apply only to large-scale residential developments in all R3, R4 or R5 Districts that utilize the bonus provisions of Section 78-32 through 78-35, inclusive.

(b)        Alternate height and setback regulations for certain districts

In R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts, buildings or other structures, or portions thereof, “wholly within” a large-scale residential development may use the alternate height and setback regulations set forth in paragraphs (b)(1) through (b)(3) of this Section.

(1)        In R3-2 Districts, the height and setback regulations applicable to R4 Districts, except R4A and R4B Districts, may be used.

(2)        In R4 Districts, no portion of any building or other structure, including the apex of a roof, shall penetrate a plane 35 feet in height above the base plane.

(3)        In R5 Districts, no portion of any building or other structure, including the apex of a pitched roof, shall penetrate a plane 40 feet in height above the base plane.

(c)        Alternate floor area and open space regulations in R3, R4 or R5 Districts

In large-scale residential developments that utilize the bonus provisions of this Chapter, the floor area ratio and the open space ratio controls set forth in the following table shall apply in lieu of the floor area ratio and lot coverage controls of Article II, Chapter 3.

^*        The floor area ratio in the table may be increased by up to 20 percent provided that any such increase in floor area is located under a sloping roof which rises at least three and one-half inches in vertical distance per each foot of horizontal distance and the structural headroom of such floor area is between five and eight feet. Any such additional floor area under a sloped roof shall not be used to compute the open space ratio

(d)        Authorizations may be granted for buildings to be located, bulk and open space distributed, and height and setback modified, in accordance with the provisions of this Section.

(e)        In R9 through R12 Districts, and in C1 or C2 Districts mapped within, or with a residential equivalent of, such districts, floor area bonuses for public plazas or arcades permitted in accordance with the applicable district regulations shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.

(f)        Alternate window to lot line regulations for a zoning lot directly adjoining a public park

In R7-1 and R8 Districts within a large-scale residential development in Community District 6 in the Borough of the Bronx, the required minimum distance between a legally required window and a lot line, as set forth in Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines), inclusive, shall not apply where a legally required window is fronting upon a public park with an area of at least one-half acre.

In R1-2, R2 or R3-1 Districts, including Commercial Districts mapped within such Residence Districts, for any large-scale residential development, the City Planning Commission, by special permit, may allow the open space ratio otherwise required for the large-scale residential development as a whole and for individual zoning lots therein to be reduced by not more than 10 percent, may allow the maximum number of dwelling units to be increased by not more than five percent, and may allow the maximum residential floor area ratio to be increased by not more than 7.5 percent, if the Commission finds that throughout the large-scale residential development the site plan provides a significantly better arrangement of the buildings in relation to one another and to their sites from the standpoints of privacy, access of light, organization of private open spaces and preservation of important natural features than would be possible or practical for a development comprised of similar types built in strict compliance with the applicable district regulations.

In R3-1 Districts, including Commercial Districts mapped within such Residence Districts, for any large-scale residential development, the City Planning Commission, by special permit, may allow the open space ratio otherwise required for such large-scale residential development as a whole to be reduced by not more than 20 percent, may allow the maximum number of dwelling units to be increased by not more than 10 percent and may allow the maximum residential floor area ratio to be increased by not more than 15 percent, provided that:

(a)        at least one acre or 20 percent of the total open space, whichever is more, is provided in common areas meeting the requirements of Section 78-52 (Common Open Space) and not used for off-street parking;

(b)        the large-scale residential development qualifies for a bonus in accordance with the provisions of Section 78-32; and

(c)        the Commission makes the findings required in Section 78-32 and in paragraph (e) of Section 78-313 (Findings).

Such authorizations shall be instead of, rather than in addition to, those which would be allowable under the provisions of Section 78-32.

In R3-2, R4 and R5 Districts, or in Commercial Districts in which residential buildings are governed by the bulk regulations of such Residence Districts, for any large-scale residential development, the City Planning Commission, by special permit, may make modifications in the open space ratio, residential floor area ratio and density regulations, pursuant to the provisions of Section 78-35 (Special Bonus Provisions), if the Commission finds that:

(a)        throughout the large-scale residential development the site plan provides a significantly better arrangement of the buildings in relation to one another and to their sites from the standpoints of privacy, access of light, organization of private open spaces and preservation of important natural features to a greater degree than would be possible or practical for a development composed of similar types built in strict compliance with the applicable district regulations;

(b)        the public facilities and utilities in the area are adequate to meet the needs of the large-scale residential development or that needed additional facilities will be provided as a part of the large-scale residential development by the developer or owner;

(c)        the large-scale residential development complies with the provisions of Section 78-351 (Common open space and good site plan); and

(d)        a large-scale residential development having an area of four acres or more complies with the provisions of Section 78-352 (Bonus for community facility space).

If the Commission determines that a proposed large-scale residential development containing not more than 250 dwelling units does not require community facility space, finding (d) shall be waived and the provisions of Section 78-352 made inapplicable. In making its determination, the Commission shall give due consideration to a recommendation from the Community Board within which the proposed large-scale residential development is located.

If a site for a fire or police station is provided within the Community District in which a large-scale residential development is to be located, which site has been donated in fee to the City, selected as a site pursuant to Section 218 (Site Selection) of the New York City Charter and, if applicable, approved under the provisions of Section 74-141 (Fire or police stations), the Commission may waive finding (d), provided that the community facility requirements contained in Section 78-352 are determined to be unnecessary.

Any large-scale residential development which qualifies for a bonus in accordance with this Section and the applicable provisions of Section 78-35 shall be eligible for any modifications permitted under Sections 78-311 (Authorizations by the City Planning Commission) or 78-312 (Special permits by the City Planning Commission) provided the findings of Section 78-313 (Findings) are satisfied.

When a large-scale residential development includes, or will include after subdivision, two or more zoning lots, the City Planning Commission may, upon application, authorize permitted or required accessory off-street parking spaces or bicycle parking spaces to be located anywhere within the large-scale residential development without regard for zoning lot lines, provided that in each case the Commission shall make the following special findings:

(a)        that such off-street parking spaces or bicycle parking spaces will be conveniently located in relation to the use or uses to which such spaces are accessory;

(b)        that such location of the off-street parking spaces or bicycle parking spaces will permit better site planning and will thus benefit both the owners, occupants, employees, customers, residents or visitors of the large-scale residential development and the City as a whole; and

(c)        that such location of the off-street parking spaces or bicycle parking spaces will not increase the number of spaces in any single block or the traffic drawn through any one or more of the nearby local streets in such measure as to affect adversely other zoning lots outside the large-scale residential development or traffic conditions in the surrounding area.

Whenever required off-street parking spaces or bicycle parking spaces are authorized 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 or use shall be kept available for such building or use throughout its life. Whenever any zoning lot within such a large-scale residential development is subdivided into two or more zoning lots, such subdivision shall be subject to the provisions of Section 78-51 (General Provisions).

For large-scale residential developments in R3-2 Districts, R4 through R12 Districts, and Commercial Districts mapped within, or with a residential equivalent of, such districts, the City Planning Commission may, by special permit, waive the requirements for off-street parking spaces accessory to any commercial or community facility use included in such large-scale residential development and intended primarily for the use of its residents.

For all large-scale residential developments in R5, R6, R7, R8 or R9 Districts, or in Commercial Districts in which residences are governed by the bulk regulations of such Residence Districts, the City Planning Commission may modify the requirement for open space as set forth in the definition of open space in Section 12-10 (DEFINITIONS) by allowing parking space on the roofs of parking garages not abutting another building and not more than 23 feet in height above curb level, to count as open space and by not requiring connections from such roofs to ground level by exterior passageways or ramps, provided that the following findings are made:

(a)        that the total area occupied by driveways, private streets, or open accessory off-street parking spaces in all areas claimed as common or private open space throughout the large-scale residential development shall not exceed 40 percent of the total required open space for the large-scale residential development; and

(b)        that such arrangement and use of open space results in better site planning and community planning.

The City Planning Commission may, upon application, authorize modification of the requirements set forth in Section 25-631 (Location and width of curb cuts in certain districts), provided the Commission finds that the proposed location and width of curb cuts:

(a)        results in a more efficient traffic circulation system;

(b)        permits better site planning; and

(c)        does not unduly increase the amount of traffic on nearby local streets so as to adversely affect zoning lots outside the large-scale residential development.

A large-scale residential development may be subdivided before, during or after development into two or more zoning lots which may be in different ownerships, provided that either:

(a)        all resulting zoning lots and all buildings thereon comply with all the applicable regulations of this Resolution;

(b)        such subdivision conforms to a subdivision plan which was included as part of the application for authorizations or special permits under the provisions of this Chapter and whose execution has been authorized in the grant of such authorizations or special permits; or

(c)        such subdivision is made necessary by forced sale or foreclosure of a portion of such large-scale residential development, but can be accommodated to any authorization or special permit granted pursuant to the provisions of this Chapter.

All zoning lots resulting from such subdivisions shall be subject to all the applicable regulations of this Resolution or, in the case of a large-scale residential development for which any modifications were granted in accordance with the provisions of this Chapter, shall be subject to the terms, conditions and limitations of the large-scale residential development plan as approved.

In any subdivision of a large-scale residential development for which such modifications were granted, covenants running with the land which shall permit of public or private enforcement, reflecting the terms, conditions and limitations of the large-scale residential development plan, as approved, shall be incorporated in the deed to each parcel conveyed.

Such subdivision may result in commonly or separately owned common open space or common parking areas, as set forth in Sections 78-52 (Common Open Space) or 78-53 (Common Parking Areas).

An area designated on the site plan of a large-scale residential development as "common open space" and on the subdivision plan as an area to be held in separate ownership for the use and benefit of residents occupying specified zoning lots shown on such subdivision plan may be approved as part of such subdivision plan, provided that it meets the following requirements:

(a)        it shall be conveniently accessible to all residents of zoning lots for which it is intended to satisfy the open space requirements;

(b)        it shall be made available in its improved state as set forth on the site plan in accordance with an approved time schedule;

(c)        it shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and assuring satisfactory execution of maintenance;

(d)        provisions to ensure its continuing availability shall be included in the covenants to be incorporated in the deed to each parcel to be served by such common open space;

(e)        it shall be entirely at natural grade level or at the principal level of pedestrian circulation in adjacent areas;

(f)        it may contain only such obstructions as are specifically permitted under the provisions of Section 23-734 (Permitted obstructions in open space) or minor accessory structures, and the total area occupied by driveways, private streets or open accessory off-street parking spaces in all areas claimed as common or private open space throughout the large-scale residential development, shall not exceed 50 percent of the total required open space for the large-scale residential development; and

(g)        such open space shall include both active and passive recreation space providing a range of recreational facilities and activities appropriate to the occupants of the large-scale residential development. Such space shall be physically and visually accessible to the occupants and shall be screened from unsuitable areas. Passive recreation space shall be landscaped and shall be located in areas other than access and egress spaces. Active recreation facilities, such as play equipment, court game facilities, or ball fields, shall be designed to provide the maximum possible area appropriate to the size of the large-scale residential development.

The approval of a subdivision plan which includes common open space shall be conditioned upon a finding that these requirements are met.

An area designated on the site plan of a large-scale residential development as "common off-street parking area" and on the subdivision plan as an area to be held in separate ownership for use by the occupants or visitors of specified zoning lots shown on such subdivision plan may be approved as part of such subdivision plan, provided that it shall meet the following requirements:

(a)        it shall be made available in its improved state as set forth in the site plan in accordance with an approved time schedule;

(b)        it shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and assuring satisfactory execution of maintenance; and

(c)        provisions to ensure its continuing availability shall be included in the covenants to be served by such common off-street parking area.

The approval of a subdivision plan which includes common off-street parking areas shall be conditioned upon a finding that these requirements are met.

Large-scale community facility developments are governed by all the use, bulk, off-street parking and loading, and other applicable regulations of this Resolution, except for such special provisions as are specifically set forth in this Chapter. Such special provisions are designed to deal with problems which arise only in connection with large-scale community facility developments and apply only to such large-scale community facility developments as set forth herein.

Large-scale community facility developments within the waterfront area shall be subject to the provisions of Section 62-132 (Applicability of Article VII, Chapters 4, 8 and 9).

A large-scale community facility development may include within its area any community facility uses, residential uses or commercial uses permitted in the district or districts in which it is located.

When a large-scale community facility development includes two or more zoning lots which are contiguous or would be contiguous but for their separation by a street, the City Planning Commission may, in appropriate cases, upon application, authorize the permitted floor area, lot coverage, dwelling units or rooming units, or the required open space for all zoning lots within the large-scale community facility development, to be distributed without regard for zoning lot lines, may modify the minimum required distance between buildings as set forth in Section 23-371 (Standard minimum distance between buildings), provided such reduction does not exceed 15 percent of that required by such provisions, may authorize the location of buildings without regard for front yard or height and setback regulation which would otherwise apply along portions of streets wholly within the large-scale community facility development and, further, may authorize the location of community facility buildings without regard to side or rear yard regulations which would otherwise apply along portions of lot lines abutting other zoning lots within the large-scale community facility development.

As a condition of granting such authorizations, in each case the Commission shall make the following special findings:

(a)        that such distribution or location will permit better site planning and will thus benefit both the residents, occupants or users of the large-scale community facility development and the City as a whole;

(b)        that such distribution or location will not unduly increase the bulk of buildings in any block, to the detriment of the occupants or users of buildings in the block or nearby blocks; and

(c)        that such distribution or location will not affect adversely any other zoning lots outside the large-scale community facility development by restricting access to light and air or by creating traffic congestion.

In R9 through R12 Districts, and in C1 or C2 Districts mapped within, or with a residential equivalent of such districts, floor area bonuses for public plazas or arcades permitted in accordance with the applicable district regulations shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.

In R9 through R12 Districts, and in C1 or C2 Districts mapped within, or with a residential equivalent of such districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been received pursuant to regulations prior to February 9, 1994, shall be eliminated or reduced in size except by special permit, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

When a large-scale community facility development includes two or more zoning lots, the City Planning Commission may, upon application, authorize permitted or required accessory off-street parking spaces or bicycle parking spaces to be located anywhere within the large-scale community facility development without regard for zoning lot lines, provided that in each case the Commission shall make the following special findings:

(a)        that such off-street parking spaces or bicycle parking spaces will be conveniently located in relation to the use or uses to which such spaces are accessory;

(b)        that such location of the off-street parking spaces or bicycle parking spaces will permit better site planning and will thus benefit both the owners, occupants, employees, customers, residents or visitors of the large-scale community facility development and the City as a whole; and

(c)        that such location of the off-street parking spaces or bicycle parking spaces will not increase the number of spaces in any single block or the traffic drawn through any one or more of the nearby local streets in such measure as to affect adversely other zoning lots outside the large-scale community facility development or traffic conditions in the surrounding area.

Whenever required off-street parking spaces or bicycle parking spaces are authorized 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 or use shall be kept available for such building or use throughout its life.

When a large-scale community facility development includes two or more zoning lots, the City Planning Commission may, upon application, authorize permitted required accessory loading berths to be located anywhere within the large-scale community facility development without regard for zoning lot lines, provided that in each case the Commission shall make the following special findings:

(a)        that such loading berths will be appropriately located in relation to the use or uses to which such berths are accessory so as to permit better site planning and will thus benefit the owners, occupants, employees, residents or visitors to the large-scale community facility development and the City as a whole;

(b)        that such loading berths will be accessible to all the uses in the large-scale community facility development without the need to cross any wide street at grade;

(c)        that the location of such loading berths will not unduly affect the movement of pedestrians or vehicles on the streets within or surrounding such large-scale community facility development; and

(d)        that the loading berths comply with all other applicable district regulations.

In a large-scale community facility development containing schools, hospitals or functionally related facilities in R6 or R7-1 Districts, in C1 or C2 Districts mapped within such Residence Districts, when the air space above a narrow street or portion thereof is closed and demapped, the City Planning Commission may, by special permit, allow the demapped air space to be considered as part of the adjoining zoning lots constituting a single zoning lot, and may allow within such demapped air space the development or enlargement of a building which is a necessary expansion of an existing school, hospital or functionally related facility located on adjoining zoning lots. As a condition for granting a permit for such building, or portion thereof, within the demapped air space, the Commission shall find:

(a)        that there is a Master Plan for institutional development which demonstrates that the building over the street is necessary to avoid or minimize demolition of existing facilities, or buildings designed for residential use, and expansion on existing zoning lots owned by the community facility is not feasible to meet its expansion needs;

(b)        that the location of such building, or portion thereof, will not impair the existing residential character of the area;

(c)        that such building, or portion thereof, utilizes only unused floor area from adjoining zoning lots and no floor area credit is received from the demapped air space, and such building complies with the off-street parking and loading requirements of the underlying district or districts;

(d)        that such building, or portion thereof, is contained entirely within the buildable area of the air space plane as defined in this Section, conforms with the height and setback regulations set forth in this Section, is no more than 200 feet in length and is the only such building on a block front;

(e)        that such building, or portion thereof, links the zoning lots across the street, in the same ownership, with adequate clearance above the street bed, and there is no intrusion on the existing street, including column supports;

(f)        that all street frontages of the zoning lots under such building, or portion thereof, are provided with fenestration or natural light along at least 75 percent of such frontages, and such street frontages when developed with uses other than open area, contain only uses requiring human occupancy such as amusement, education, dining, shopping and other similar uses permitted by the underlying district regulations; that the main entrance for principal pedestrian access to the development is located along the street frontages under such building and that no storage rooms, mechanical equipment rooms, parking and loading facilities or curb cuts are located along such street frontage unless authorized by the Commission;

(g)        that a satisfactory lighting and ventilation plan consistent with current environmental standards is provided for the development; and

(h)        that an additional amount of open space for public use at street level, linked with the pedestrian circulation system of the area, equivalent to the street area covered by such building, is provided within 1,000 feet of the building and such open space maintained as usable public area in the ownership of the applicant.

Curb levels of the pre-existing zoning lots shall not be affected by the closing and demapping of air space over such street.

The Commission may impose additional conditions and safeguards to improve the quality of the development and minimize adverse effects on the character of the surrounding area.

For the purposes of paragraph (d) of this Section:

Air space plane is a plane above a narrow street located at the same elevation as the lower limiting plane of a volume of street eliminated, discontinued and closed by the Board of Estimate, or its successors. The length "L1" of such air space plane is the length of the common lot frontage of two zoning lots opposite and across the street in the same ownership and its width is the width of the narrow street "SW" (See illustration of Required Setback for the Buildable Area).

The buildable area "C" is the lower limiting plane of the volume of street eliminated, discontinued and closed by the Board of Estimate, or its successors, except that in no case shall the edge of the buildable area be closer to the edge of the air space plane by a distance equal to one half the street width "SW/2" (See illustration of Required Setback for the Buildable Area).

REQUIRED SETBACK FOR THE BUILDABLE AREA

The building over the street shall comply with the height and setback regulations of this Section and the buildable area shall be completely covered by such building, except that such building may be set back from the edge of the buildable area which traverses the street provided that such setback area is open and obstructed from the lowest level of the street to the sky.

The development or enlargement of such building on the buildable area of the air space plane shall comply with the following sky exposure plane regulations (See illustration of Required Sky Exposure Plane):

REQUIRED SKY EXPOSURE PLANE

The height of the vertical wall or any other portion of a building over the street, shall not penetrate the sky exposure plane.

The sky exposure plane shall be measured from a point above the edge of the buildable area which traverses the street.

In a large-scale community facility development containing hospitals or functionally related facilities in Manhattan Community Board 12, when the air space above a wide street, or portion thereof, is closed and demapped, the City Planning Commission may, by special permit, allow the development in such demapped air space of an enclosed bridge or bridges to connect buildings within the large-scale community facility development. As a condition for granting a permit for development of such bridges, the Commission shall find that:

(a)        such bridge or bridges are essential to internal circulation of the medical function of the health care facility;

(b)        such bridge or bridges shall not rest upon columns or other supports which intrude upon the street;

(c)        the width of each such bridge shall not exceed 20 feet;

(d)        such bridge within the demapped air space utilizes only floor area derived from the adjoining zoning lots and that no floor area credit is generated from the demapped air space;

(e)        illumination of at least five foot candles is provided at the curb level of such bridge or bridges;

(f)        such bridge in demapped air space over a wide street adjoins zoning lots wholly within the large-scale community facility development;

(g)        the minimum horizontal distance between the nearest edges of two such bridges traversing the same street shall be two times the width of the street;

(h)        the maximum exterior height of each such bridge shall not exceed 12 feet;

(i)        the benefit gained from the bridge or bridges resulting from the bulk design or placement of such bridge or bridges outweighs any adverse impact on neighborhood character and any restriction of access to light and air to surrounding public spaces and streets; and

(j)        a landscaped open area for public use at street level, linked with the pedestrian circulation system, which is at least equivalent to the street area covered by the bridge is provided in one location within the large-scale community facility development and such open area is maintained with planting and seating facilities by the owner of the large-scale community facility development or the owner's designee.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize the effect of the bridges, including but not limited to clearance above the street and surfacing materials of the bridge.

For large-scale community facility developments previously approved by the City Planning Commission, the Commission may, by special permit, allow a change of community facility use to a residential use subject to the applicable district regulations.

For the purpose of this special permit, such change of use shall be deemed not to alter the status and previous authorizations relating to the large-scale community facility development.

As a condition precedent to the grant of such special permit, the Commission shall find:

(a)        that such community facility use does not provide essential services to the community at large; and

(b)        that such community facility use has been actively operated as a community facility use for a period not less than five years following Commission approval of the large-scale community facility development or was actively operated as a community facility use prior to Commission approval of the large-scale community facility development.

For non-profit hospital staff dwellings in large-scale community facility developments in Manhattan Community Board 8, the City Planning Commission, may by special permit, allow:

(a)        Temporary occupancy of dwelling units by outpatients of the non-profit or voluntary hospital or by families visiting hospitalized patients provided the following findings are made:

(1)        that the density and transient nature of the population housed in such dwelling units will not impair the essential character, future use or development of the surrounding area; or impair the security of the hospital staff residing in the building;

(2)        that such occupancy will neither create nor contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and

(3)        that the number of such dwelling units so occupied is less than 50 percent of the total number of dwelling units in the building.

(b)        Ambulatory diagnostic or treatment health care facilities listed in Use Group III(B) on the third floor of such buildings in C1 Districts, provided the following findings are made:

(1)        that such facilities are used exclusively for staff of, or staff affiliated with, the non-profit or voluntary hospital;

(2)        that such occupancy will neither create nor contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(3)        that such use will not impair the essential character, future use or development of the surrounding area;

(4)        that such use will not produce any adverse effects which interfere with the appropriate use of land in the districts or in any adjacent district; and

(5)        that separate access to the outside is provided.

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

For large-scale community facility developments located within the boundaries of Community Districts 8 and 12 in the Borough of Manhattan, that contain community facility uses specified in Section 73-64 (Modification for Community Facility Uses), the City Planning Commission may, by special permit, allow modifications to the following provisions set forth in paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

1. The Commission may allow modifications:
   1. to regulations relating to height and setback on the periphery of the large-scale community facility development, courts and distance between windows and walls or lot lines not otherwise allowed in Section 79-21 (General Provisions); and
   2. additionally, in R9 and R10 Districts, located within Community District 8:
      1. to lot coverage; and
      2. to sign regulations.
2. In order to grant such special permit, the Commission shall find that such modification:
   1. is required in order to enable the large-scale community facility development to provide an essential service to the community;
   2. will provide a more satisfactory physical relationship to the existing buildings which form the large-scale community facility development, and provide a more efficient and integrated site plan;
   3. will better complement the existing character of the neighborhood;
   4. will not unduly increase the bulk of buildings in any block to the detriment of the occupants or users of buildings in the block or nearby blocks; will not adversely affect any other zoning lots or streets outside the large-scale community facility development by unduly restricting access to light and air; and
   5. in R9 and R10 Districts located within Community District 8:
      1. with regard to lot coverage, will result in a better site plan and a better relationship among buildings and open areas; and
      2. with regard to sign modifications:
         1. a signage plan has been submitted showing the location, size, height, and illumination of all signs on the zoning lot;
         2. the modifications are consistent with the amount and location of the large-scale community facility development that the Commission finds appropriate on the zoning lot; and
         3. illuminated signs, if provided:
            1. utilize an illumination type, and are located and oriented in a manner  so as to minimize any negative effects on nearby residences; and
            2. do not alter the essential character of the adjacent area.

The Commission may prescribe additional conditions and safeguards to improve the quality of the large-scale community facility development and 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.