Special provisions for development or enlargement over streets

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.