Chapter 9 - Special Regulations Applying to Large-Scale Community Facility Developments

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair
79-00

DEFINITIONS

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

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

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

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

When a large-scale community facility development includes two or more zoning lots which are contiguous or would be contiguous but for their separation by a street, the City Planning Commission may, in appropriate cases, upon application, authorize the permitted floor area, lot coverage, dwelling units or rooming units, or the required open space for all zoning lots within the large-scale community facility development, to be distributed without regard for zoning lot lines, may modify the minimum required distance between buildings as set forth in Section 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT), provided such reduction does not exceed 15 percent of that required by Section 23-71, may authorize the location of buildings without regard for front yard or height and setback regulation which would otherwise apply along portions of streets wholly within the large-scale community facility development and, further, may authorize the location of community facility buildings without regard to side or rear yard regulations which would otherwise apply along portions of lot lines abutting other zoning lots within the large-scale community facility development.

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

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

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

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

In R9, R10, C1-8, C1-9, C2-7 or C2-8 Districts, or in C1 or C2 Districts mapped within R9 or R10 Districts, floor area bonuses for public plazas or arcades permitted in accordance with the applicable district regulations shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.

In R9, R10, C1-8, C1-9, C2-7 or C2-8 Districts, or in C1 or C2 Districts mapped within R9 or R10 Districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been received pursuant to regulations prior to February 9, 1994, shall be eliminated or reduced in size except by special permit, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Zoning Resolutions 79-401.0

REQUIRED SETBACK FOR THE BUILDABLE AREA

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

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

Height above street bed (in feet)

Sky Exposure Plane

District

Slope over buildable area (expressed as a ratio of vertical distance to horizontal distance)

Vertical Distance

Horizontal Distance

60

2.7

to       1

R6  R7-1  C1  C2

Zoning Resolutions 79-401.1

REQUIRED SKY EXPOSURE PLANE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)        Ambulatory diagnostic or treatment health care facilities listed in Use Group 4 on the third floor of such buildings in C1 Districts, provided the following findings are made:

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

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

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

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

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

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

For large-scale community facility developments located within the boundaries of Community Districts 8 and 12 in the Borough of Manhattan, that contain community facility uses specified in Section 73-64 (Modification for Community Facility Uses), the City Planning Commission may, by special permit, permit modification of regulations relating to height and setback on the periphery of the large-scale community facility development, courts and distance between windows and walls or lot lines not otherwise allowed in Section 79-21 (General Provisions). As a condition for such action, the Commission shall find that such modification:

(a)        is required in order to enable the large-scale community facility development to provide an essential service to the community;

(b)        will provide a more satisfactory physical relationship to the existing buildings which form the large-scale community facility development, and provide a more efficient and integrated site plan;

(c)        will better complement the existing character of the neighborhood;

(d)        will not unduly increase the bulk of buildings in any block to the detriment of the occupants or users of buildings in the block or nearby blocks; and

(e)        will not adversely affect any other zoning lots or streets outside the large-scale community facility development by unduly restricting access to light and air.

Any authorization or special permit granted by the City Planning Commission pursuant to this Chapter shall automatically lapse if substantial construction has not been completed as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution). For any renewal of such authorization or special permit, the provisions of Section 11-43 (Renewal of Authorization or Special Permit) shall apply.

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