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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)        will not cause traffic congestion; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)        The following conditions are met:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i)        that such existing buildings with unexpired leasehold interests are located upon such zoning lot;

(ii)        that the portions of the zoning lot where such existing buildings are located and are to be demolished shall be redeveloped according to the approved site plan;

(iii)        that no temporary or final certificate of occupancy shall be issued for that portion of floor area in the development or enlargement equal to twice the floor area in the temporary existing buildings until such buildings are vacated, demolished and their sites are redeveloped in accordance with the approved project plan, except that where the Commission shall have determined that the applicant for a special permit has made an offer to purchase the leasehold interests from the lessees at a fair market value of the remainder of the lease term, the Commission may decrease the amount of floor area for which no certificate of occupancy may be issued; and

(iv)        that the development or enlargement conform with all the applicable laws relating to construction, operation and maintenance.

The owner of the zoning lot shall have prominently displayed thereon a sign stating the date by which the buildings are to be demolished.

(4)        As a further condition for the issuance of a permit under this paragraph (c), the owner of the zoning lot upon which developments or enlargements are to take place, must post a bond or other security payable to the City of New York and approved by the Corporation Counsel as to form, sufficient in amount as determined by the Commission to cover the cost of demolishing the existing buildings should the owner fail to so demolish within the prescribed time set forth in the approved project plan, and ensure that all floor area which is to be vacant in the development shall remain unfinished and vacant.

The bonds or other securities shall be payable to the City of New York if any of the above conditions are violated.

The Commission must find, with each grant for a special permit under this paragraph, (c), that the development or enlargement:

(i)        shall result in improved circulation; and

(ii)        would eliminate the undesirable pre-emption of ground level space by private buildings or other structures.

In making these findings, the Commission may consider the provision of improved connections to rapid transit facilities, where applicable.

The site plan accompanying each application for a grant of special permit under this paragraph (c), shall include a schedule indicating the timetable of demolition of all existing buildings and the schedule of development or enlargement and other improvements on the zoning lot.

In addition to the conditions in paragraphs (c)(1), (c)(2), (c)(3) and (c)(4) of this Section, the Commission shall find that the modification of height and setback will provide a better distribution of bulk on the zoning lot and will not adversely affect other adjacent zoning lots by unduly restricting access to light and air to surrounding public spaces, streets and properties.

(d)        Notwithstanding any other provisions of the Zoning Resolution, where a development shares a lot line with a landmark building site for an aggregate distance of at least 90 feet, or contains a historically significant street that has been demapped and an archeologically significant site, both of which have been identified by the Landmarks Preservation Commission, the Commission may permit modification of the height and setback and yard regulations regardless of the lot size, provided that the following findings are made:

(1)        there is a harmonious architectural relationship between the landmark and the new structure, and such relationship is approved by the Landmarks Preservation Commission or, in the case of a development which contains a historically significant street that has been demapped and an archeologically significant site, there is a visual recognition of the location of the demapped street and of the archeologically significant site created by a design treatment that has been approved by both the Landmarks Preservation Commission and the City Planning Commission and, if such development is located within 200 feet of a historic district, there is a harmonious relationship between the proposed development and the historic district; and

(2)        pedestrian amenities are contained in the new structure including, where appropriate, retail stores and substantial pedestrian space at the principal levels of circulation, such as wider sidewalks, arcades, covered pedestrian space, subsurface concourses and convenient subway connections.

(e)        The City Planning Commission may also permit modification of all bulk regulations as set forth in paragraph (a) of this Section on zoning lots with a minimum lot area of 30,000 square feet, where such zoning lot is located in a C6-4 District in Manhattan Community District 3, has frontage on a wide street and existed on August 8, 2018.

In all Residence Districts, Commercial Districts and M1 and M2 Districts, the City Planning Commission may permit sewage disposal plants provided that such use will serve the commercial or residential area within which, or adjacent to which, it is to be located; that in the case of a residential area, such area contains more than 50 dwelling units; and that there are serious difficulties in locating it in a district where it is permitted as-of-right from which it could serve the residential area or commercial area. In addition, the Commission shall refer such application to the Department of Health and the Department of Environmental Protection for a report.

The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices, and landscaping.

In all Residence Districts, the City Planning Commission may permit sanitary or storm water sewage pumping stations and sewage disposal plants, provided that such use will serve a development which contains more than 15 dwelling units; and that there are serious difficulties in locating it in a district where it is permitted as-of-right from which it could serve the residential area. In addition, the Commission shall refer such application to the Department of Health and the Department of Environmental Resources for a report. The Commission may review the scope and impact of the proposal on public facilities and may, in addition, prescribe appropriate conditions or safeguards without dictating the architectural design of individual buildings in order to minimize adverse effects on the surrounding area.

As a condition of granting a special permit for a sewage pumping station or a sewage disposal plant, the Commission shall find:

(a)        in the case of sewage pumping stations, the sewers and treatment plants to which the flow is to be pumped will be adequate to accommodate anticipated future development in the area to be served by these facilities;

(b)        in the case of sewage disposal plants serving a residential area, the related development is arranged in such a way as best to serve active and passive recreation needs; protect and preserve scenic assets and natural features such as trees, streams and topographic features; and provide suitable variations in the siting of buildings to achieve these objectives; and

(c)        in the case of sewage disposal plants, the proposed plant will be adequate for anticipated development in the area to be served; or

(d)        in all cases, the proposal promotes and protects the public health, safety and general welfare.

In all Residence Districts, Commercial Districts and M1 and M2 Districts, the City Planning Commission may permit municipal sewage disposal plants, provided that there are serious difficulties in locating it in a district where it is permitted as-of-right. The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices and landscaping.

As a condition of granting a special permit for a municipal sewage disposal plant, the Commission shall find:

(a)        the proposed plant will be adequate for anticipated development in the area to be served; and

(b)        that the proposal promotes and protects the public health, safety and general welfare.

In all Residence Districts, the City Planning Commission may permit municipal sewage pumping stations provided that there are serious difficulties in locating it in a district where it is permitted as-of-right. The Commission may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices and the concealment of such use with fences, buffer zones, barriers or other screening devices and landscaping.

As a condition of granting a special permit for a municipal sewage pumping station, the Commission shall find:

(a)        that the proposal promotes and protects the public health, safety and general welfare; and

(b)        the sewers and treatment plants to which the flow is to be pumped will be adequate to accommodate anticipated future development in the area to be served by these facilities.

An application to the City Planning Commission for the grant of a special permit pursuant to Section 74-74 for a large-scale general development shall include a site plan showing the boundaries of the large-scale general development and the proposed location and use of all buildings or other structures on each zoning lot comprising the large-scale general development.

However, for applications proceeding pursuant to the ownership provisions of paragraph (e) of Section 74-742, such site plan need only show the applicable portion of the large-scale general development as set forth in paragraph (e)(1) or (e)(2) of Section 74-742.

Except as otherwise provided in this Section, any large-scale general development for which application is made for a special permit in accordance with the provisions of Section 74-74 (Large- scale General Development) shall be on a tract of land which at the time of application is all under the control of the applicant(s) as the owner(s) or holder(s) of a written option to purchase. No special permit shall be granted unless the applicant(s) acquired actual ownership (single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development) of, or executed a binding sales contract for, all of the property comprising such tract.

When a large-scale general development is located within a designated urban renewal area, the City's urban renewal agency, or a person authorized by such agency, may apply for and be granted a special permit under the provisions of Section 74-74 even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section. All parcels comprising such large-scale general development shall be within the designated urban renewal area and subject to the urban renewal controls set forth in the approved urban renewal plan.

A special permit may be applied for and granted under the provisions of Section 74-74, even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section, when the site of such large-scale general development is:

(a)        to be developed or enlarged through assemblage by any other governmental agency, or its agent, having the power of condemnation; or

(b)        owned by the Federal government and is within Brooklyn Community District 2; or

(c)        partially under City ownership, within the former Washington Square Southeast Urban Renewal Area, within Community District 2 in the Borough of Manhattan, provided that the exception to the ownership requirements set forth herein shall apply only to tracts of land in City ownership; or

(d)        partially under State or City ownership, or may include a tract of land under private ownership that is located within the bed of 26th Avenue between 1st Street and the bulkhead line within the Halletts Point Peninsula, in the area bounded by 8th Street and Vernon Boulevard on the east, the East River on the west and south, and the north side of 26th Avenue on the north, in Community District 1 in the Borough of Queens, provided that the exception to the ownership requirements set forth herein shall apply only to:

(1)        tracts of land in State or City ownership; or

(2)        a tract of land in private ownership located within the bed of 26th Avenue, between 1st Street and the bulkhead line;

(e)        within Manhattan Community District 2, where the City Planning Commission has approved a special permit under Section 74-74 for a large-scale general development located partially within a C2-7 District, and a portion of such large-scale general development is subsequently mapped as a park and transferred to City ownership, then the consent or authorization of any owner or party in interest to:

(1)        such public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to property within the large-scale general development other than the public park; and

(2)        property other than the public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to the public park; or

(f)        partially under State or City ownership, and is located within the boundaries of Community District 1 in the Borough of Brooklyn, on a waterfront zoning lot located within a C6-2 District that is mapped within a Mandatory Inclusionary Housing area, provided that the exception to the ownership requirements set forth herein shall apply only to tracts of land in State or City ownership.

However, the consent or authorization of the owners and any party in interest to the other property shall be required if the proposed modification would impose an additional obligation or increase the degree of an obligation existing as of the date of the application for the modification on any such owner or any such party in interest.

(a)        For a large-scale general development, the City Planning Commission may permit:

(1)        distribution of total allowable floor area, rooming units, dwelling units, lot coverage and total required open space under the applicable district regulations within a large-scale general development without regard for zoning lot lines or district boundaries, subject to the following limitations:

(i)        no distribution of bulk across the boundary of two districts shall be permitted for a use utilizing such bulk unless such use is permitted in both districts;

(ii)        when a large-scale general development is located partially in a Residence District or in a C1, C2, C3 or C4-1 District and partially in other Commercial or Manufacturing Districts, no transfer of commercial floor area to a Residence District or to a C1, C2, C3 or C4-1 District from other districts shall be permitted, except that for a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, a transfer of commercial floor area from a C6 District to a C2 District may be permitted;

(2)        location of buildings without regard for the applicable yard, court, distance between buildings, or height and setback regulations;

(3)        variation in the location of primary business entrances and show windows along frontages adjacent to zoning lots outside the large-scale general development without regard to regulations applicable near Residence District boundaries;

(4)        the maximum floor area ratio permitted pursuant to Section 23-151 (Basic regulations for R6 through R9 Districts) for the applicable district without regard for height factor or open space ratio requirements, provided that the large-scale general development is located partially in a C6-1, C6-2 or C6-3 District within the boundaries of Community Districts 2 or 7 in Manhattan or located within a C4-4 District within the boundaries of Queens Community District 7 and that a minimum of 50 percent of the required open space is provided within the large-scale general development. Required open space for the purposes of this paragraph (a)(4) shall be calculated by utilizing the smallest open space ratio at the maximum floor area ratio, pursuant to Section 23-151 for the applicable district;

(5)        in an Inclusionary Housing designated area in a C4-6 or C5 District:

(i)        a portion of the lot area that contains a wholly commercial building to be excluded from the calculation of floor area for any other buildings on the remainder of the zoning lot; or

(ii)        community facility floor area located above the ground floor to be excluded from the calculation of the amount of affordable housing required pursuant to Section 23-95;

(6)        modification of the requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) for developments or enlargements, where:

(i)        the required minimum distance as set forth in Section 23-86 is provided between the legally required window in the development or enlargement and a wall or lot line on an abutting property; and

(ii)        the required minimum distance is provided by a light and air easement acceptable to the Department of City Planning and recorded in the County Clerk’s office in the county in which such tracts of land are located;

(7)        modification of the definition of outer court in Section 12-10 (DEFINITIONS) and the provisions of Section 23-84 (Outer Court Regulations) to include any open area that is bounded on all sides but one by building walls and is not otherwise a yard or an inner court, provided that:

(i)        such modifications are permitted only for large-scale general developments, previously approved by the Commission, in a C4-7 District within the boundaries of Manhattan Community District 7; and

(ii)        the minimum distance between a legally required window facing onto such outer court and a building wall shall be 30 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening;

(8)        in an Inclusionary Housing designated area in a C4-7 District within the boundaries of Manhattan Community District 7, for the purpose of applying the Inclusionary Housing Program within such Inclusionary Housing designated area, as set forth in a restrictive declaration:

(i)        modification of the base and maximum floor area ratios specified in Section 23-154 (Inclusionary Housing), not to exceed the maximum floor area ratios permitted by the underlying district, based on a proportionality between affordable floor area, as defined in Section 23-911, and residential floor area in buildings containing multiple uses; and

(ii)        modification of the requirements regarding distribution of affordable housing units, as defined in Section 23-911, specified in paragraph (b) of Section 23-96 (Requirements for Generating Sites or MIH Sites);

(9)        within the boundaries of Community District 3 in the Borough of the Bronx, portions of any building, at any level, that contain permitted or required accessory off-street parking spaces, to be excluded from the calculation of lot coverage;

(10)        for a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, waiver of the planting requirements of Section 23-892 (In R6 through R10 Districts), provided the area between the street line and the street walls of the building and their prolongations is to be improved as a publicly accessible widened sidewalk;

(11)        wholly within a C1-9 District entirely within the boundaries of Community District 8 in Manhattan, for a predominantly community facility development, a floor area bonus not to exceed 20 percent of the maximum floor area ratio permitted by the underlying district regulations where, in connection with such development, an improvement to a public park located within the same Community District and within a one mile radius of the proposed development is provided in accordance with the provisions of this Section.

(i)        A request for such bonus floor area shall be accompanied by:

(a)        a site plan for a public park improvement, transmitted by the Commissioner of Parks and Recreation, sufficient in detail and scope with respect to the work necessary to complete such public park improvement, to enable the City Planning Commission to determine the appropriate amount of bonus floor area to be granted to the development; and

(b)        a letter from the Commissioner of Parks and Recreation stating:

(i)        the selection of the public park for the public park improvement has been informed by community input in the form of consultation or an existing plan;

(ii)        such public park improvement provides an appropriate amenity for the surrounding area; and

(iii)        that, absent funding to be provided by the applicant, such public park improvement is unlikely to be made in the foreseeable future.

(ii)        Prior to a determination as to whether to grant the special permit, the City Planning Commission shall have received from the Commissioner of Parks and Recreation:

(a)        any revisions to the site plan for the public park improvement or a statement that the site plan provided in the application is unchanged; and

(b)        a letter that shall include:

(i)        cost estimates for the public park improvement; and

(ii)        a statement that the funding to be provided by the applicant, in combination with any other available funding, is adequate for completion of the necessary infrastructure, landscape and other work necessary to complete the public park improvement;

(12)        within the boundaries of Community District 1 in the Borough of Queens, in the area generally north of 30th Road and west of 8th Street, within the Hallets Point Peninsula, the floor area distribution from a zoning lot containing existing public housing buildings, provided that upon approval of a large-scale general development there exists unused floor area on a separate parcel of land with existing light industrial buildings in an amount equivalent to, or in excess of, the floor area approved for distribution and further provided:

(i)        such parcel shall be made part of such zoning lot upon approval of such large-scale general development, pursuant to the definition of zoning lot in Section 12-10, paragraph (d); and

(ii)        the existing light industrial buildings on the separate parcel of land are demolished; or

(13)        within the boundaries of Community District 1 in the Borough of Brooklyn, on a waterfront zoning lot located within a C6-2 District that is mapped within a Mandatory Inclusionary Housing area, portions of the land, piers or platforms projecting seaward of the bulkhead line and existing on December 15, 2021, may be replaced or reconstructed with new piers or new platforms, as follows:

(i)        any such existing land projecting seaward of the bulkhead line may be replaced or reconstructed with new platforms and such new platforms may be included as part of the upland lot. In no event shall the lot area generated by such new platforms exceed the lot area of the land projecting seaward of the bulkhead line, as it existed on December 15, 2021;

(ii)        any other such new piers or new platforms may be considered lot area for the purposes of determining allowable floor area or number of dwelling units, or to satisfy any other bulk regulations, in accordance with the provisions of paragraphs (b) and (c) of Section 62-31 (Bulk Computations on Waterfront Zoning Lots). In no event shall the floor area generated by such new piers or new platforms exceed the floor area generated by piers or platforms projecting seaward of the bulkhead line, as they existed on December 15, 2021; and

(iii)        any new piers or new platforms that are subject to the provisions of this paragraph (a)(13) need not meet the requirements of Sections 62-242 (Uses on new piers and platforms), 62-54 (Requirements for Public Access on Piers) or 62-63 (Design Requirements for Public Access on Piers and Floating Structures), inclusive.

(b)        In order to grant a special permit pursuant to this Section for any large-scale general development, the Commission shall find that:

(1)        the distribution of floor area, open space, dwelling units, rooming units and the location of buildings, primary business entrances and show windows will result in a better site plan and a better relationship among buildings and open areas to adjacent streets, surrounding development, adjacent open areas and shorelines than would be possible without such distribution and will thus benefit both the occupants of the large-scale general development, the neighborhood and the City as a whole;

(2)        the distribution of floor area and location of buildings will not unduly increase the bulk of buildings in any one block or unduly obstruct access of light and air to the detriment of the occupants or users of buildings in the block or nearby blocks or of people using the public streets;

(3)        where a zoning lot of a large-scale general development does not occupy a frontage on a mapped street, appropriate access to a mapped street is provided;

(4)        considering the size of the proposed large-scale general development, the streets providing access to such large-scale general development will be adequate to handle traffic resulting therefrom;

(5)        when the Commission has determined that the large-scale general development requires significant addition to existing public facilities serving the area, the applicant has submitted to the Commission a plan and timetable to provide such required additional facilities. Proposed facilities that are incorporated into the City's capital budget may be included as part of such plan and timetable;

(6)        where the Commission permits the maximum floor area ratio in accordance with the provisions of paragraph (a)(4) of this Section, the open space provided is of sufficient size to serve the residents of new or enlarged buildings. Such open space shall be accessible to and usable by all residents of such new or enlarged buildings, have appropriate access, circulation, seating, lighting and paving, and be substantially landscaped. Furthermore, the site plan of such large-scale general development shall include superior landscaping for open space of the new or enlarged buildings;

(7)        where the Commission permits the exclusion of lot area or floor area in accordance with the provisions of paragraph (a)(5) of this Section or modification of the base and maximum floor area ratios or requirements regarding distribution of affordable housing units in accordance with paragraph (a)(8) of this Section, such modification will facilitate a desirable mix of uses in the large-scale general development and a plan consistent with the objectives of the Inclusionary Housing Program and those of Section 74-74 (Large-scale General Development) with respect to better site planning;

(8)        where the Commission permits portions of buildings containing accessory parking spaces to be excluded from the calculation of lot coverage in accordance with the provisions of paragraph (a)(9) of this Section, the exclusion of lot coverage will result in a better site plan and a better relationship among buildings and open areas than would be possible without such exclusion and therefore will benefit the residents of the large-scale general development;

(9)        where the Commission permits a floor area bonus for a public park improvement in accordance with the provisions of paragraph (a)(11) of this Section:

(i)        the amount of such bonus floor area is appropriate in relation to the size and quality of the proposed public park improvement; and  

(ii)        such bonus floor area will not unduly increase the bulk of buildings on the zoning lot or unduly obstruct access of light and air to the detriment of the occupants or users of buildings on the block or nearby blocks or of people using the public streets.

Grant of a floor area bonus for a public park improvement in accordance with the provisions of paragraph (a)(11) of this Section shall be conditioned upon adequate assurances for provision of the funding identified by the Commissioner of Parks and Recreation in a letter pursuant to paragraph (a)(11)(ii) of this Section as necessary for completion of the necessary infrastructure, landscape and other work for the public park improvement. The Commissioner of Buildings shall not issue a building permit for the large-scale general development unless the Commissioner of Parks and Recreation shall have certified that the funding has been made or secured in a manner acceptable to such Commissioner;

(10)        a declaration with regard to ownership requirements in paragraph (b) of the large-scale general development definition in Section 12-10 (DEFINITIONS) has been filed with the Commission;

(11)        where the Commission permits floor area distribution from a zoning lot containing existing light industrial buildings to be demolished in accordance with the provisions of paragraph (a)(12) of this Section, such floor area distribution shall contribute to better site planning of the waterfront public access area and shall facilitate the development of affordable housing units within a large-scale general development; and

(12)        where new piers or new platforms are constructed, replaced or reconstructed in accordance with the provisions of paragraph (a)(13) of this Section, such new piers and new platforms are an integral part of such large-scale general development, result in a superior site plan and form an appropriate relationship with adjacent waterfront public access areas and shorelines, and provide significant public access to or within the seaward lot portion of the waterfront zoning lot.

Within Manhattan Community District 2, within the former Washington Square Southeast Urban Renewal Area, where the Commission has approved a large-scale general development and a lot line of such large-scale general development coincides with the boundary of a mapped public park, such lot line shall be considered to be a street line of a wide street for the purposes of applying all use and bulk regulations of this Resolution.

In addition, within Manhattan Community District 2, where the Commission has approved a large-scale general development located partially within a C2-7 District, if any open space approved pursuant to paragraph (a)(4) of Section 74-743 is subsequently mapped as a park and transferred to City ownership, the open space requirement approved for such large-scale general development pursuant to paragraph (a)(4) of Section 74-743 shall be reduced by the area of such public park.

Within Community District 1 in the Borough of Queens, the Commission may prescribe additional conditions to ensure that the purpose of the Inclusionary Housing program as set forth in Section 23-92 (General Provisions) is achieved in a large-scale general development. The Commission may establish procedures resulting in limiting the amount of affordable floor area utilizing public funding that may count toward satisfying the affordable floor area required in paragraph (c)(2) of Section 23-154. Any such procedures established by the Commission shall be set forth in the restrictive declaration required in connection with the grant of a special permit for such large-scale general development.

For a phased construction program of a multi-building complex, the Commission may, at the time of granting a special permit, require additional information, including but not limited to a proposed time schedule for carrying out the proposed large-scale general development, a phasing plan showing the distribution of bulk and open space and, in the case of a site plan providing for common open space, common open areas or common parking areas, a maintenance plan for such space or areas and surety for continued availability of such space or areas to the people they are intended to serve.

The Commission may prescribe additional conditions and safeguards to improve the quality of the large-scale general development and to minimize adverse effects on the character of the surrounding area.

(a)        Use modifications

(1)        Waterfront and related commercial uses

In a C4 District, the City Planning Commission may modify applicable district regulations to allow certain boating and related uses listed in Use Group 14A, not otherwise allowed in such district, provided the Commission shall find that:

(i)        the uses are appropriate for the location and blend harmoniously with the rest of the large-scale general development; and

(ii)        the streets providing access to such uses will be adequate to handle the traffic generated thereby.

(2)        Automotive sales and service uses

For large-scale general developments, previously approved by the Commission, in a C4-7 District within the boundaries of Manhattan Community District 7, Commission may modify applicable district regulations to allow automotive sales and service establishments that include repair services and preparation for delivery, provided the Commission shall find that:

(i)        the portion of the establishment used for the servicing and preparation of automobiles is located entirely in a cellar level and below grade or established curb level, and the ground floor level of such establishment is used only for showrooms and sales;

(ii)        sufficient indoor space for storage of vehicles for sale or service has been provided; and

(iii)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic or adversely affect pedestrian movement.

(3)        Retail establishments

For a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, the Commission may modify applicable district regulations to allow Use Groups 10, 11A and 12A, except for arenas or auditoriums, skating rinks, public auction rooms, trade expositions and stadiums, provided the Commission finds that:

(i)        such uses will not impair the character of future uses or development of the surrounding area; and

(ii)        the streets providing access to such uses will be adequate to handle the traffic generated thereby.

(b)        Location of commercial uses

For any large-scale general development, the Commission may permit residential and non-residential uses to be arranged within a building without regard for the regulations set forth in Section 32-42 (Location Within Buildings), provided the Commission shall find that:

(1)        the commercial uses are located in a portion of the mixed building that has separate access to the outside with no opening of any kind to the residential portion of the building at any story;

(2)        the commercial uses are not located directly over any story containing dwelling units; and

(3)        the modifications shall not have any adverse effect on the uses located within the building.

(c)        Modifications of sign regulations

(1)        In all Commercial or Manufacturing Districts, the Commission may, for developments or enlargements subject to the provisions of paragraphs (a)(1), (a)(2) or (a)(3) of Section 74-743 (Special provisions for bulk modification), permit the modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions), 32-65 (Permitted Projection or Height of Signs), 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways), 42-53 (Surface Area and Illumination Provisions), 42-54 (Permitted Projection or Height of Signs), 42-55 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways) and the limitations on the location of signs in Sections 32-51 and 42-44 (Limitations on Business Entrances, Show Windows or Signs), provided the Commission finds that such modification will result in a better site plan.

(2)        For a large-scale general development located partially or wholly within the former Seward Park Extension Urban Renewal Area, the Commission, by authorization, may make the sign regulations of a C6-1 District applicable to those portions of such large-scale general development within a C2 District, and in addition, may modify the provisions of Section 32-68 (Permitted Signs on Residential or Mixed Buildings) to allow signs accessory to non-residential uses above the level of the finished floor of the third story, provided such signs do not exceed a height of 40 feet above curb level. In order to grant such authorizations, the Commission shall find that such modifications are consistent with the amount, type and location of commercial uses that the Commission finds appropriate within such large-scale general development.

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

For a large-scale general development the City Planning Commission may permit:

(a)        Modification of location requirements

When a large-scale general development includes two or more zoning lots, the Commission may permit required or permitted accessory off-street parking spaces, bicycle parking spaces or loading berths to be located anywhere within a large-scale general development without regard for zoning lot lines, provided that the Commission shall find:

(1)        such off-street parking spaces, bicycle parking spaces and loading berths will be conveniently located in relation to the use to which such spaces or berths are accessory;

(2)        such location of off-street parking spaces, bicycle parking spaces and loading berths will result in a better site plan; and

(3)        such location of off-street parking spaces, bicycle parking spaces and loading berths will not unduly increase the number of spaces in any single block, draw excessive traffic through local streets, or otherwise adversely affect traffic conditions in the surrounding area.

Whenever required off-street parking spaces, bicycle parking spaces and loading berths are permitted to be located without regard for zoning lot lines in accordance with the provisions of this Section, the number of spaces required for each building shall be kept available for such building throughout its life.

(b)        Waiver or reduction of loading berth requirements

For zoning lots in a large-scale general development, located either within a Special Mixed Use District in Community District 2 in the Borough of The Bronx, or within a waterfront area pursuant to paragraph (b) of Section 62-132, in Community District 1 in the Borough of Brooklyn, where such zoning lots in the waterfront area contain one or more retail or service uses listed in Use Group 6A, 6C, 7B, 8B, 9A, 10A, 12B, 14A or 16A, and where no single such establishment in the waterfront area exceeds 8,500 square feet in floor area, or for zoning lots located in large-scale general developments within Special Mixed Use District 24 in Community District 1 in the Borough of Queens, the Commission may waive or reduce the number of required loading berths, provided that:

(1)        curbside deliveries will not create or contribute to serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not interfere with the efficient functioning of nearby uses;

(2)        an efficient goods receiving system will be implemented within the commercial establishment to expedite the movement of goods from the curb to areas within the establishment;

(3)        such modification allows for a better relationship between the street walls of the building containing such establishment and the adjacent sidewalk and surrounding area; and

(4)        such modification will not impair or adversely affect the development of the surrounding area.

(c)        Reduction of parking requirements

For buildings on zoning lots in a large-scale general development, within R7-2 Districts in Community District 1 in the Borough of the Bronx, that contain an affordable independent residence for seniors, the Commission may waive or reduce the number of required accessory off-street parking spaces, including any spaces previously required for an existing building, provided that the Commission finds that:

(1)        the anticipated automobile ownership patterns for residents of such affordable independent residence for seniors are minimal and that such waiver or reduction is warranted;

(2)        such waiver or reduction of parking spaces will not have undue adverse impacts on the residents, businesses or community facilities in the surrounding area; and

(3)        such waiver or reduction of parking spaces will result in a better site plan with better quality open areas.

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

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

Within a large-scale general development, when the volume above a street, or portion thereof, has been eliminated, discontinued and closed, the City Planning Commission may permit such volume to be considered part of an adjoining zoning lot and may allow, within such volume, a development or enlargement that is part of a building or buildings in the large-scale general development. In no event shall such volume contribute to the amount of lot area counted for the purposes of qualifying as a large-scale general development or generating any floor area.

(a)        The following conditions must be met for the development or enlargement to be permitted in such volume:

(1)        a satisfactory ventilation plan consistent with the requirements of New York City's Departments of Transportation and Environmental Protection is provided for the street below the volume;

(2)        an illumination of at least five foot candles at the curb level is provided for the street below the volume; and

(b)        In order to grant the special permit, the Commission shall find that the development or enlargement in such volume:

(1)        is functionally necessary or will improve the internal circulation within the large-scale general development, or will improve vehicular or pedestrian circulation on adjacent streets;

(2)        will not adversely impact the continued use of the street;

(3)        will not have an adverse impact on the essential character or future use or development of the adjacent area; and

(4)        will not unduly obstruct any significant scenic view.

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

Any development or enlargement granted a special permit by the City Planning Commission under previous Section 74-74 (Commercial Development Extending into More than One Block) prior to February 22, 1990, may be started or continued pursuant to that special permit.

The Commission may administratively, upon application, allow modifications of the special permit granted under previous Section 74-74 (Commercial Development Extending into More than One Block) before February 22, 1990.

In no event may the Commission grant a modification of a special permit approved prior to February 22, 1990, that would require additional bulk distribution among zoning lots or modification of the height and lot coverage limitations previously established. Any modifications exceeding the limitations set forth herein shall be subject to the provisions of the new Section 74-74 (Large-scale General Development).

No existing publicly accessible open area or other public amenity for which a floor area bonus or any increase in tower coverage above 40 percent of the lot area of the zoning lot has been received under previous Section 74-74 (Commercial Development Extending into More than One Block) prior to February 22, 1990, shall be eliminated or reduced in size except by special permit of the Commission pursuant to a finding that a proposed change will provide a greater public benefit in the light of the public amenity's purpose.

Any sign shown on a site plan incorporated as part of a special permit of the Commission under the provisions of Section 74-74 (Large-scale General Development) prior to February 27, 2001, may be erected and maintained in accordance with such special permit.

In R5, R6, R7, R8, R9 or R10 Districts, in C1 or C2 Districts mapped within such Residence Districts, or in C1-6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4, C5, C6 or C7 Districts, for combined school and residences including air rights over schools built on a zoning lot owned by the New York City Educational Construction Fund, the City Planning Commission may permit utilization of air rights; modify the requirements that open area be accessible to and usable by all persons occupying a dwelling unit or rooming unit on the zoning lot in order to qualify as open space; permit ownership, control of access and maintenance of portions of the open space to be vested in the New York City Educational Construction Fund or City agency successor in title; permit modification of yard regulations and height and setback regulations; permit the distribution of lot coverage without regard for zoning lot lines for a zoning lot containing the Co-op Tech High School in Manhattan Community District 11; authorize the total floor area, open space, dwelling units or rooming units permitted by the applicable district regulations on such site to be distributed without regard for district boundaries; and authorize an increase of 25 percent in the number of dwelling units or rooming units permissible under the applicable district regulations. For the purposes of this Section, a zoning lot owned by the New York City Educational Construction Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school listed in the following table.

The total number of dwelling units or rooming units and residential floor area shall not exceed that permissible for a residential building on the same zoning lot.

The distribution of bulk on the zoning lot shall permit adequate access of light and air to the surrounding streets and properties.

As further conditions for such modifications:

(a)        the school and the residence shall be developed as a unit in accordance with a plan approved by the Commission;

(b)        at least 25 percent of the total open space required by the applicable district regulations, or such greater percentage as may be determined by the Commission to be the appropriate minimum percentage, shall be accessible exclusively to the occupants of such residence and under the direct control of its management;

(c)        notwithstanding the provisions of Section 23-12 (Permitted Obstructions in Open Space), none of the required open space shall include driveways, private streets, open accessory off-street parking spaces or open accessory off-street loading berths; and

(d)        the Commission shall find that:

(1)        a substantial portion of the open space which is not accessible exclusively to the occupants of such residence will be accessible and usable by them on satisfactory terms part-time;

(2)        playgrounds, if any, provided in conjunction with the school will be so designed and sited in relation to the residence as to minimize any adverse effects of noise; and

(3)        all open space will be arranged in such a way as to minimize friction among those using open space of the buildings or other structures on the zoning lot.

The Commission shall give due consideration to the landscape design of the open space areas. The Commission shall also give due consideration to the relationship of the development to the open space needs of the surrounding area and may require the provision of a greater amount of total open space than the minimum amount required by the applicable district regulation where appropriate for the purpose of achieving the open space objectives of the Residence District regulations.

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

In C6-9 Districts within the Special Downtown Brooklyn District, for developments, enlargements or conversions that include one or more schools on a tract of land owned by the New York City Educational Construction Fund, the City Planning Commission may permit the modifications set forth in paragraph (a) of this Section. For the purposes of this Section, a tract of land owned by the New York City Educational Construction Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school.

(a)        Modifications

The Commission may modify:

1. applicable ground floor use regulations;

2. in a Mandatory Inclusionary Housing area, the affordable housing requirements of paragraph (d) of Section 23-154 (Inclusionary Housing);

3. other bulk regulations, except that the maximum permitted floor area ratio may not be increased; and

4. accessory off-street parking and loading berth requirements.

(b)        Findings

To grant a special permit pursuant to this Section, the Commission shall find that:

(1)        such modifications will facilitate the construction of one or more schools on the zoning lot;

(2)        such ground floor use modifications will improve the layout and design of the school or schools, shall not have an adverse effect on the uses located within any portion of the zoning lot and will not impair the essential character of the surrounding area;

(3)        such modifications to the affordable housing requirements in a Mandatory Inclusionary Housing area will facilitate significant public infrastructure or public facilities, including one or more schools, addressing needs that are not created by the proposed development, enlargement or conversion;

(4)        such bulk modifications will result in a better site plan for the school or schools and will have minimal adverse effects on the surrounding area;

(5)        such parking and loading modifications will improve the layout and design of the school and will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area.

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

In all districts, the City Planning Commission may, by special permit, allow the elimination or reduction in size of any existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, provided that such reduction or elimination shall not create a floor area non-compliance on the zoning lot.

In granting such special permit, the Commission shall find that:

(a)        such elimination or reduction is adequately compensated by the substitution of another public amenity or improvement on the zoning lot that shall provide equal or increased public benefit; and

(b)        for publicly accessible open areas any remaining bonused open area will comply to the maximum extent feasible with the standards of public plazas as set forth in Section 37-70.

However, the Commission may waive the provisions of paragraph (b) of this Section if it finds that such standards for public plazas would compromise the design integrity of the publicly accessible open area or would result in the loss of significant design elements or character that are integral components of the publicly accessible open area’s design.

The Commission may prescribe additional conditions to enhance the relationship of public open areas, buildings or other amenities on the zoning lot, to the surrounding areas.

In M1-5B Districts, the City Planning Commission may, after public notice and hearing and subject to Board of Estimate approval, permit modification of Section 42-14, paragraphs D.(1)(c), D.(1)(d), D.(2)(a) or D.(2)(b), provided that the Commission finds that the owner of the space, or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such efforts shall include but not be limited to: advertising in local and citywide press, listing the space with brokers and informing local and citywide industry groups. Such efforts shall have been actively pursued for a period of no less than six months for buildings under 3,600 square feet and one year for buildings over 3,600 square feet, prior to the date of the application for a special permit.

In C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts, the City Planning Commission may permit modification of the requirements of Sections 15-021, paragraph (e), or 15-21, and in M1-5B Districts, the Commission may permit modification of the requirements of Section 42-14, paragraph D.(1)(b), provided that the Commission finds that:

(a)        the conversion will not harm the industrial sector of the City's economy;

(b)        the applicant for the special permit or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such effort shall have been actively pursued for a minimum of one year immediately preceding the application. A good faith effort shall include, but not be limited to, advertising in local and citywide press, listing the space with brokers doing business in the industrial real estate market and informing local and citywide industry groups. The applicant shall provide records showing the specific efforts to rent such space;

(c)        there is sufficient alternative space to meet the needs of commercial and manufacturing uses in the area. The vacancy rate for industrial space in the area shall be one evidentiary element to prove the availability of alternative space;

(d)        City, State and Federal economic development programs, to the extent applicable, had been explored and found not suitable;

(e)        the commercial and industrial tenants were given the opportunity by the applicant, or predecessor in title, to remain in the spaces at fair market rentals, and the property owner or predecessor in title did not cause the vacating of the space for the additional conversion;

(f)        the neighborhood in which the conversion is taking place will not be excessively burdened by increased residential activity; and

(g)        all dwelling units or joint living-work quarters for artists permitted by this special permit meet the standards of the applicable district for such units or quarters.

If the Commission determines that floor area in the building, or portion thereof, was occupied as dwelling units or joint living-work quarters for artists on September 1, 1980, findings (b), (c), (d) and (e) of this Section shall not be required for the grant of a special permit for such floor area, provided that a complete application to prove occupancy as a dwelling unit or joint living-work quarters for artists is submitted to Commission by the owner of the building or the occupant of a dwelling unit or joint living-work quarters for artists in such buildings not later than June 21, 1983. In addition, the Commission must find that there is no substantial evidence that the landlord forced commercial or manufacturing tenants to vacate such floor area through harassment, non-renewal of leases or the charging of rents in excess of the then fair market value. Notwithstanding anything to the contrary above, the Commission shall not grant or deny a special permit pursuant to the provisions of this Section unless an application for such special permit has been submitted by the owner of the building.

The Commission shall request a report from the Office of Economic Development regarding information useful in making findings (a), (b), (c), (d) and (e) of this Section. Said report is to be provided within 30 days of the Commission's request.

In granting the special permit under this Section, the Commission shall require the preservation of the maximum amount of floor area for commercial or manufacturing uses that the Commission deems feasible.

An application to the City Planning Commission for a grant of a special permit to allow a transfer of development rights and construction based thereon shall be made by the owners of the respective zoning lots and shall include: a site plan of the landmark lot and the adjacent lot, including plans for all developments or enlargements on the adjacent lot; a program for the continuing maintenance of the landmark; and such other information as may be required by the City Planning Commission. The application shall be accompanied by a report from the Landmarks Preservation Commission.

A separate application shall be filed for each independent "adjacent lot" to which development rights are being transferred under this Section.

(a)        For the purposes of this Section, except in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts, the basic maximum allowable floor area for a zoning lot occupied by a landmark shall be the maximum floor area allowed by the applicable district regulations on maximum floor area ratio or minimum required open space ratio and shall not include any additional floor area allowed for public plazas, arcades or any other form of bonus whether by right or special permit.

(b)        The maximum amount of floor area that may be transferred from any zoning lot occupied by a landmark building shall be computed in the following manner:

(1)        the maximum allowable floor area that could be built for buildings other than community facility buildings under existing district regulations on the same zoning lot if it were undeveloped;

(2)        less the total floor area of all buildings on the landmark lot;

(3)        the figure computed from paragraphs (a) and (b) of this Section, inclusive, shall be the maximum amount that may be transferred to any one or number of adjacent lots; and

(4)        unutilized floor area may be transferred from one or any number of zoning lots occupied by a landmark building to one or any number of zoning lots adjacent to the landmark lot so as to increase the basic maximum allowable floor area that may be utilized on such adjacent zoning lots. For each such adjacent zoning lot, the increase in floor area allowed under the provisions of this Section shall in no event exceed the basic maximum floor area allowable on such adjacent zoning lot by more than 20 percent.

(c)        When adjacent lots are located in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts and are to be developed or enlarged with commercial buildings, the following conditions and limitations shall apply:

(1)        the maximum amount of floor area that may be transferred from any zoning lot occupied by a landmark building shall be the maximum floor area allowed by Section 33-12 for commercial buildings on said landmark zoning lot, as if it were undeveloped, less the total floor area of all existing buildings on the landmark zoning lot;

(2)        for each such adjacent zoning lot, the increase in floor area allowed by the transfer pursuant to this Section shall be over and above the maximum floor area allowed by the applicable district regulations; and

(3)        the City Planning Commission may require, where appropriate, that the design of the development or enlargement include provisions for public amenities such as, but not limited to, open public spaces, subsurface pedestrian passageways leading to public transportation facilities, public plazas and arcades.

(d)        In any and all districts, the transfer once completed shall irrevocably reduce the amount of floor area that can be utilized upon the lot occupied by a landmark by the amount of floor area transferred. In the event that the landmark’s designation is removed or if the landmark building is destroyed, or if for any reason the landmark building is enlarged or the landmark lot is redeveloped, the lot occupied by a landmark can only be developed or enlarged up to the amount of permitted floor area as reduced by the transfer.

(e)        As a condition of permitting such transfers of development rights, the Commission shall make the following findings:

(1)        that the permitted transfer of floor area or variations in the front height and setback regulations will not unduly increase the bulk of any development or enlargement, density of population or intensity of use in any block to the detriment of the occupants of buildings on the block or nearby blocks, and that any disadvantages to the surrounding area caused by reduced access of light and air will be more than offset by the advantages of the landmark's preservation to the local community and the City as a whole;

(2)        that the program for continuing maintenance will result in the preservation of the landmark; and

(3)        that in the case of landmark sites owned by the City, State or Federal Government, transfer of development rights shall be contingent upon provision by the applicant of a major improvement of the public pedestrian circulation or transportation system in the area.

The Commission shall give due consideration to the relationship between the landmark building and any buildings developed or enlarged on the adjacent lot regarding materials, design, scale and location of bulk.

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

The owners of the landmark lot and the adjacent lot shall submit to the City Planning Commission a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer. Notice of the restrictions upon further development or enlargement on the lot occupied by the landmark and the adjacent lot shall be filed by the owners of the respective lots in the place and county designated by law for the filing by the owners of the respective lots in the place and county designated by law for the filing of deeds and restrictions on real property, a certified copy of which shall be submitted to the Commission.

Both the instrument of transfer and the notice of restrictions shall specify the total amount of floor area to be transferred, and shall specify, by lot and block numbers, the lots from which and the lots to which, such transfer is made.

In all Commercial Districts, the City Planning Commission may permit modifications of the applicable bulk regulations so as to allow the same bulk regulations as would apply for a community facility building in the applicable Commercial District and may permit modifications of the applicable regulations in Sections 33-26 to 33-30, inclusive, relating to Yard Regulations or Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations. The Commission shall find that because of site limitations such modifications are necessary for the proper design and operation of the court house.

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

For zoning lots that are the subject of a site selection for a borough-based jail system pursuant to application C 190333 PSY, the City Planning Commission may, by special permit, allow modifications to the applicable regulations governing uses, bulk, including permitted floor area ratio, the permitted capacities of accessory off-street parking facilities and public parking garages, and off-street loading regulations, to facilitate construction of the proposed facilities. In order to grant such special permit, the Commission shall find that:

(a)        any use modifications will support the operation of the facility and will be compatible with the essential character of the surrounding area;

(b)        ground floor uses will be located in a manner that is inviting to the public and will integrate the facility within the surrounding community;

(c)        any increase in permitted floor area ratio will facilitate the development of the facility;

(d)        any bulk modifications will improve the interior layout and functionality of the facility;

(e)        such bulk modifications, including any increase in permitted floor area ratio, will have minimal adverse effects on access to light and air for buildings and open spaces in the surrounding area;

(f)        any modifications to the provisions of accessory off-street parking and loading regulations will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area; and

(g)        any modifications to the permitted capacity of public parking garages: