Scientific Research and Development Facility

In C2-7 Districts within Community District 8 in the Borough of Manhattan, and in C6 Districts, the  City Planning Commission may permit a scientific research and development facility as a commercial use, where such facility contains laboratories for medical, biotechnological, chemical or genetic research, including space for production, storage and distribution of scientific products generated through research and, in conjunction with such facility, may allow the modifications set forth in paragraph (a) of this Section. For a special permit to be granted, applications shall comply with conditions in paragraph (b) and the  findings of paragraph (c) of this Section. Additional requirements are set forth in paragraph (d).

(a)        Additional modifications

For such scientific research and development facility, the Commission may modify the following:

(1)        height and setback regulations; and

(2)        where such facility is located within C2-7 Districts:

(i)        sign regulations;

(ii)        floor area ratio regulations, up to the maximum floor area ratio permitted for community facility uses for the District; and

(iii)        yard regulations.

(b)        Conditions

As a condition for granting a special permit, such facility shall:

(1)        conform to the performance standards applicable to M1 Districts;

(2)        occupy a zoning lot that either contains a minimum lot area of 40,000 square feet  or comprises an entire block; and

(3)        occupy a zoning lot containing no residential use.

(c)        Findings

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

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

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

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

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

(5)        with regard to sign modifications:

(i)        a signage plan has been submitted showing the location, size, height, and illumination of all signs on the zoning lot;

(ii)        the modifications are consistent with the amount and location of commercial life sciences laboratories that the Commission finds appropriate on the zoning lot; and

(iii)        illuminated signs, if provided:

(a)        utilize an illumination type, and are located and oriented in a manner  so as to minimize any negative effects on nearby residences; and

(b)        do not alter the essential character of the adjacent area.

(d)        Additional requirements

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

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

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

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