98-02

General Provisions

The provisions of this Chapter shall apply to any zoning lot, or portion thereof, within the Special West Chelsea District, except that the provisions of Sections 98-11 (Special Regulations for Developments and Enlargements Above, Beneath or Adjacent to the High Line) and 98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard) shall also apply to any zoning lot south of the Special West Chelsea District over which the High Line passes. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

The provisions regarding the transfer of floor area set forth in Section 98-30 (HIGH LINE TRANSFER CORRIDOR), inclusive, and the High Line Improvement Bonus in Subareas D, E, F, G and I set forth in Section 98-25 shall be effective upon the issuance of a final and binding Certificate of Interim Trail Use (CITU) by the Federal Surface Transportation Board and the execution of a trail use agreement between the City and CSX Transportation, Inc., or its successor, with respect to the High Line, or upon a determination by the Office of the Corporation Counsel that the restoration and reuse of the High Line as an accessible, public open space has been obtained pursuant to an alternative mechanism that protects the interests of the city.

Upon transfer of the High Line to the City, pursuant to ULURP application C 050163 PCM, and in accordance with such CITU and trail use agreement, the following shall apply:

(a)        the provisions regarding the issuance of building permits set forth in Section 98-11 shall be effective;

(b)        any area within the tax lot located at Section 3, Block 8224, Lot 111, as of June 23, 2005, which is separated from other portions of such tax lot by bounding streets, shall be considered a separate zoning lot; and

(c)        underlying use and bulk regulations shall not apply to uses and buildings and other structures constructed on the High Line specifically in connection with its use as a public open space.

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