Except as modified by the express provisions of this Chapter, the regulations of the underlying districts remain in effect.

The regulations of the districts set forth below are applicable in the following Midtown districts unless modified by this Chapter:

For transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

Except as otherwise provided in paragraphs (a), (b) or (c) of this Section, wherever the Special Transit Land Use District includes an area which also lies within the Special Midtown District, as designated on the zoning map by the letters "MiD-TA", the requirements of the Special Transit Land Use District, as set forth in Article IX, Chapter 5, shall apply.

(a)        However, the requirements of Article IX, Chapter 5, shall be waived where the City Planning Commission certifies, in the case of a specific development otherwise subject to those requirements, that:

(1)        the developer has agreed in a writing recorded against the property to implement a plan approved by the Commission and New York City Transit for off-street relocation of a subway stair entrance, in accordance with the requirements of Section 81-46 (Off-street Relocation or Renovation of a Subway Stair); or

(2)        the developer has agreed in a writing recorded against the property to implement a plan approved by the Commission and New York City Transit for the provision of a mass transit station improvement in accordance with the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements).

(b)        Where the requirements of Article IX, Chapter 5, are not waived, modifications of the underlying district bulk regulations as set forth in this Chapter shall prevail over any inconsistent bulk regulations in Article IX, Chapter 5.

(c)        In the East Midtown Subdistrict, the provisions of paragraph (c) of Section 81-673 (Mass transit access) shall supersede the provisions of Sections 95-031 (Selection of transit easement) and 95-052 (Special access facilities for persons with disabilities).

Wherever the Special Midtown District includes an area which also lies within the Special Clinton District, the regulations of the Special Clinton District as set forth in Article IX, Chapter 6, shall also apply. In the event of any conflict or discrepancy between the regulations, the more restrictive regulations shall apply in accordance with Section 11-22 (Application of Overlapping Regulations).

The portion of the Special Clinton District within the Special Midtown District includes the area bounded by a line 150 feet west of Eighth Avenue, West 45th Street, Eighth Avenue and West 42nd Street. The area is designated on the zoning maps by the letters CL-MiD.

(a)        The underlying zoning districts shall be deemed to be integral parts of the Special Midtown District. If the underlying zoning district of any zoning lot shall be amended or shall be nullified by any court of competent jurisdiction, such amendment or adjudication shall be construed to amend the Special Midtown District to remove such zoning lot from the Special Midtown District whereupon the regulations of the prior underlying district shall apply.

(b)        The bulk regulations contained in Sections 81-20 through 81-28, inclusive, shall be deemed to be an integral unit and no modification thereof shall be permitted, except in accordance with the provisions of Section 200 of the New York City Charter. If any sentence, clause, paragraph or part of Sections 81-20 through 81-28, inclusive, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not be confined in its operation to the sentence, clause, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered, but shall also be construed to invalidate and prohibit the application of the remainder of Sections 81-20 through 81-28, inclusive. However, any such judgment shall not act to invalidate any other sentence, paragraph, clause, section or chapter of the Zoning Resolution.

Within the Special Midtown District, the following provisions regarding special permits by the Board of Standards and Appeals for non-complying buildings shall not be applicable:

Section 73-621      (Enlargement, change of use, or extension within buildings containing residential uses)

Section 73-63        (Enlargement of Non-residential Buildings)

Section 73-64        (Modifications for Community Facility Uses)

Within the Special Midtown District, the following provisions regarding special permits by the Board of Standards and Appeals shall only be applicable as modified below:

Section 73-146      (Public transit or railroad electric substations) shall be applicable subject to the provisions of the Special Midtown District.

Section 73-51        (Modification of Supplementary Use Regulations) shall be applicable subject to the height and setback or alternate height and setback regulations of the Special Midtown District.

Section 73-52        (Modifications for Zoning Lots Divided by District Boundaries) shall be applicable subject to the height and setback or alternate height and setback regulations of the Special Midtown District.

Within the Special Midtown District, the following provisions regarding special permits by the City Planning Commission shall not be applicable:

Section 74-72        (Bulk Modification)

Section 74-74        (General Large-scale Development)

Section 74-75        (Educational Construction Fund Projects)

Section 74-82        (Through Block Arcades)

Section 74-831      (Court Houses)

Section 74-841      (Developments in certain Commercial Districts)

Section 74-852      (Height and setback regulations for zoning lots divided by district boundaries)

Section 74-87        (Covered Pedestrian Space)

Section 74-91        (Modification of Public Plazas)

Section 74-95        (Modifications of Housing Quality Special Permits)

Within the Special Midtown District, the following provisions regarding special permits by the City Planning Commission shall only be applicable as modified below:

Section 74-71        (Landmark Preservation) shall be applicable subject to the height and setback modifications of Sections 81-067, 81-254, 81-266 and 81-277

Section 74-79        (Transfer of Development Rights From Landmark Sites) shall be applicable subject to modifications of the conditions and limitations on transfer of floor area (see Sections 81-212 and 81-747), the meaning of the term "adjacent lot" (see Section 81-747) and the provisions relating to height and setback variations (see Sections 81-254, 81-266 and 81-277).

Within the Theater Subdistrict of the Special Midtown District, the provisions of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), are modified in part by the provisions of Section 81-746 (Additional provisions for zoning lots divided by district or subdistrict core boundaries).

Within the Special Midtown District, the provisions of Article VII, Chapter 8 (Special Regulations Applying to Large-scale Residential Developments), permitting the City Planning Commission to authorize the location of buildings without regard for height and setback regulations shall be inapplicable.

Within the Special Midtown District, the provisions of Article VII, Chapter 9 (Special Regulations Applying to Large-scale Community Facility Developments), permitting the City Planning Commission to authorize the location of buildings without regard for height and setback regulations shall be inapplicable.

(a)        The City Planning Commission, by special permit, for zoning lots where the lot area is at least 60,000 square feet or that occupy an entire block, may permit modification of the mandatory district plan elements of Section 81-40 or the provisions of Article VII, Chapter 7, that determine the distribution of permitted floor area on such zoning lots and, in conjunction with such modifications, may also modify the applicable yard and court requirements. However, no exception to the street wall or retail continuity requirements shall be permitted on Fifth Avenue or within 50 feet of Fifth Avenue within the Special Midtown District.

The modifications shall be subject to the following findings:

(1)        that the modifications of mandatory plan elements, floor area allocation or rear yard and court regulations, result in a better arrangement of required facilities or in better site planning on a uniquely large zoning lot;

(2)        that a substantial majority of the zoning lot is either vacant at the time of certification for review, pursuant to Section 197-c of the New York City Charter, or contains buildings that will be integrally related to developments, both physically and programmatically;

(3)        that the design, scale and location of the new buildings or enlarged buildings are compatible with the character of the surrounding area and existing buildings to remain on the zoning lot;

(4)        that such modifications will not unduly obstruct the access of light and air to surrounding properties;

(5)        that any adverse impact on retail continuity is minimized by a site plan that requires pedestrian-oriented uses along the boundaries of any open or enclosed public areas on the zoning lot;

(6)        that such modifications of mandatory plan elements or floor area allocation are consistent with the basic strategy of the Special Midtown District and the purposes of the Mandatory District Plan Elements.

(b)        For developments or enlargements on a zoning lot with a lot area of at least 60,000 square feet located wholly or partially in the Penn Center Subdistrict, which have been granted a floor area bonus for subway station and/or rail mass transit facility improvements pursuant to Section 81-541, the Commission may permit modifications of the mandatory district plan elements of Section 81-40, the height and setback regulations of 81-26 and 81-27, or the provisions of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), that determine the distribution of permitted floor area on such zoning lots and, in conjunction with such modifications, may also modify the applicable yard and court requirements subject to the following findings:

(1)        the modifications of mandatory plan elements, floor area allocation or rear yard and court regulations result in a better arrangement of required facilities or in better site planning on a uniquely large zoning lot;

(2)        the design, scale and location of the new buildings or enlarged buildings are compatible with the character of the surrounding area and existing buildings to remain on the zoning lot;

(3)        such modifications will not unduly obstruct the access of light and air to surrounding properties;

(4)        any adverse impact on retail continuity is minimized by a site plan that requires pedestrian-oriented uses along the boundaries of any open or enclosed public areas within the zoning lot;

(5)        such modifications of mandatory plan elements or floor area allocation are consistent with the basic strategy of the Special Midtown District and the purposes of the Mandatory District Plan Elements;

(6)        the improvements to the below-grade pedestrian circulation network provided by the development or enlargement significantly increase public accessibility to and from subway stations and/or rail mass transit facilities in and around Pennsylvania Station; and

(7)        the modifications of height and setback regulations:

(i)        are necessary due to the constraints or conditions of the development or enlargement and conditions imposed by the configuration of the site; and

(ii)        will provide an appropriate distribution of bulk on the zoning lot with due consideration of the basic strategy of the Special Midtown District and the purpose of the District’s height and setback regulations. In considering whether such distribution of bulk is appropriate, the Commission shall consider a complete daylight evaluation for the proposed design.

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

Within the Special Midtown District, for any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, any applicable provisions relating to minimum base height and street wall location requirements as modified in Sections 81-43 (Street Wall Continuity Along Designated Streets), 81-671 (Special street wall requirements) pertaining to the East Midtown Subdistrict, 81-75 (Special Street Wall and Setback Requirements) pertaining to the Theater Subdistrict, 81-83 (Special Street Wall Requirements) pertaining to the Fifth Avenue Subdistrict, and 81-90 (SPECIAL REGULATIONS FOR PRESERVATION SUBDISTRICT) pertaining to mandatory street walls may be modified pursuant to Sections 23-66 and 35-65 (Height and Setback Regulations for Quality Housing Buildings).

(a)        For all existing and new uses in the Fifth Avenue Subdistrict, signs shall not be permitted on the exterior of any building below a level of 10 feet above curb level. The aggregate surface area of all signs in ground floor windows is restricted to not more than one-third of the window area.

Any sign that does not comply with the provisions of this paragraph, (a), shall be terminated, except that a sign which the Chairperson of the City Planning Commission certifies is an integral part of the building, shall not be required to terminate.

(b)        In a C5-3 District within the Fifth Avenue Subdistrict, the Chairperson of the City Planning Commission may, by certification, modify the requirements of Section 32-655 (Height of signs in all other Commercial Districts), to allow a single non-illuminated sign per building, other than an advertising sign, to be located at a height between 25 and 50 feet above curb level, provided that the permitted sign shall:

(1)        be limited to one name and/or address of the building or the name of an establishment located therein, consisting only of individual letters and/or numbers not exceeding 18 inches in height;

(2)        not be within a frame, a border, or any kind of background other than the building facade;

(3)        not project more than three inches from the facade of the building; and

(4)        not exceed 25 square feet in aggregate surface area.

(c)        On any zoning lot occupied by a landmark designated by the Landmarks Preservation Commission which lies partially or wholly within the Fifth Avenue Subdistrict, the Chairperson of the City Planning Commission may, by certification, modify the applicable sign regulations of Section 32-60 to permit illuminated signs on the open area of the zoning lot, provided that such signs shall:

(1)        be a re-creation of historic signs and that the Landmarks Preservation Commission has issued a Certificate of Appropriateness or other permit for such signs;

(2)        not exceed a surface area of 12 square feet per sign; and

(3)        not project across a street line.

(a)        Transparency requirement

On wide street frontages in underlying C5 Districts, at least 50 percent of a building's street wall surface shall be glazed and transparent at the ground floor level, and not more than 50 percent of such transparent surface shall be painted. For the purpose of the glazing requirements, the building’s street wall surface at the ground floor level shall be measured from the floor to the height of the ceiling or 14 feet above grade, whichever is less.

(b)        Banners or pennants

The display of banners or pennants from the exterior of any building in an underlying C5 District is prohibited.

(a)        For non-residential buildings or mixed buildings, the basic maximum floor area ratios of the underlying districts shall apply as set forth in this Section.

(b)        In the Special Midtown District, the basic maximum floor area ratio on any zoning lot may be increased by bonuses or other floor area allowances only in accordance with the provisions of this Chapter, and the maximum floor area ratio with such additional floor area allowances shall in no event exceed the amount set forth for each underlying district in the following table:

MAXIMUM FLOOR AREA ALLOWANCES FOR SPECIFIED FEATURES AND MAXIMUM FLOOR AREA RATIOS BY DISTRICTS

¹        Not available for zoning lots located wholly within Theater Subdistrict Core

²        Not available within the Eighth Avenue Corridor

³        Not available within 100 feet of a wide street in C5-2.5 Districts

⁴        Applicable only within that portion of the Theater Subdistrict also located within the Special Clinton District

⁵        12.0 in portion of C6-5.5 District within the Theater Subdistrict Core

⁶        Within R10 Districts outside of Inclusionary Housing designated areas the permitted floor area bonus shall be calculated in accordance with Section 66-51 (Additional Floor Area for Mass Transit Station Improvements)

⁷        12.0 for zoning lots with full block frontage on Seventh Avenue and frontage on West 34th Street, pursuant to Section 81-542 (Retention of floor area bonus for plazas or other public spaces)

⁸        For zoning lots utilizing a floor area bonus pursuant to Section 66-51, such maximum floor area ratio shall only be permitted through combination with Inclusionary Housing

The provisions of Section 74-79 (Transfer of Development Rights From Landmark Sites) shall apply in the Special Midtown District, subject to the modification set forth in this Section and Sections 81-254, 81-266 and 81-277 pertaining to special permits for height and setback modifications, Sections 81-63 (Special Floor Area Provisions for the Vanderbilt Corridor Subarea), 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites), 81-747 (Transfer of development rights from landmark theaters) and 81-85 (Transfer of Development Rights From Landmark Sites).

The provisions of Section 74-79 pertaining to the meaning of the term "adjacent lot" in the case of lots located in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts are modified to apply in the Special Midtown District where the "adjacent lot" is in a C5-3, C6-6, C6-7, C6-5.5, C6-6.5 or C6-7T District.

The provisions of paragraph (c) of Section 74-792 as applied in the Special Midtown District shall be subject to the restrictions set forth in the table in Section 81-211 on the development rights (FAR) of a landmark "granting lot" for transfer purposes.

Wherever there is an inconsistency between any provision in Section 74-79 and the table in Section 81-211, the table in Section 81-211 shall apply.

For developments or enlargements in C5-3, C6-6, C6-7 and C6-7T Districts, the City Planning Commission may also modify or waive the requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) and requirements governing the minimum dimensions of a court, where:

(a)        the required minimum distance as set forth in Section 23-86 is provided between the legally required windows in the development or enlargement and a wall or lot line on an adjacent zoning lot occupied by the landmark; and

(b)        such required minimum distance is provided by a light and air easement on the zoning lot occupied by the landmark building or other structure, and such easement is acceptable to the Department of City Planning and recorded in the County Clerk’s office of the county in which such tracts of land are located.

For developments or enlargements, on zoning lots located in C5-3, C6-6, C6-7 and C6-7T Districts and with frontage on streets on which curb cuts are restricted, pursuant to Section 81-44, the Commission may also modify or waive the number of loading berths required pursuant to Section 36-62. In granting such special permit, the Commission shall find that:

(1)        a loading berth permitted by Commission authorization, pursuant to Section 81-44, would have an adverse impact on the landmark building or other structure that is the subject of the special permit;

(2)        because of existing buildings on the zoning lot, there is no other feasible location for the required loading berths; and

(3)        the modification or waiver will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement. For developments or enlargements, on zoning lots located in C5-3, C6-6, C6-7 and C6-7T Districts, the Commission may also modify the dimensions and minimum clear height required for pedestrian circulation space, pursuant to Sections 37-50 and 81-45. In granting such special permit, the Commission shall find that the modification will result in a distribution of bulk and arrangement of uses on the zoning lot that relate more harmoniously with the landmark building or other structure that is the subject of the special permit.

In C6-2 Districts within the Special Clinton District, for zoning lots, or portions thereof, comprised of listed theaters designated in Section 81-742, the City Planning Commission shall allow a transfer of development rights pursuant to Section 81-744 (Transfer of development rights from listed theaters). The basic maximum floor area ratio for transfer purposes for such zoning lots, or portions thereof, shall be 6.02.

(a)        Elimination or reduction in size of existing publicly accessible open area or other public amenities

No existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing publicly accessible open areas

The Commission may, upon application, authorize the closing of an existing publicly accessible open area for which a floor area bonus has been received, during certain nighttime hours, pursuant to Section 37-727 (Hours of access).

(d)        Special provisions for certain covered pedestrian spaces

Where a portion of an existing covered pedestrian space was designated by a special authorization of the Commission prior to May 13, 1982, to be used for off-street loading after business hours, the Commission may, by special permit, after public notice and hearing, and subject to City Council action, allow relocation of the loading facilities and modifications relating to the loading berth requirements, provided that such modifications will result in substantial improvement of the pedestrian circulation system and amenities within the existing covered pedestrian space without adversely affecting the operation of off-street loading facilities.

(e)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

Any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

Where a public plaza is located on a zoning lot divided by a district boundary, the floor area bonus for such public plaza may be credited to either portion of the zoning lot regardless of the public plaza's location or the date when the zoning lot was created, provided that the amount of such bonus permitted on either portion of the zoning lot shall not exceed the maximum amount that would be permitted on such portion if it were a separate zoning lot and subject to all other applicable provisions of Article VII, Chapter 7.

For residential buildings or residential portions of mixed buildings in the Special Midtown District, the maximum floor area ratio for each underlying district is as follows:

(a)        In the C5-P District the maximum floor area ratio is 8.0, and no additional floor area shall be allowed above this limit.

(b)        In all underlying districts other than the C5-P District, except as provided in paragraph (c) of this Section, the maximum residential floor area ratio is 10.0.

(c)        In any underlying district other than a C5-P, C6-4 or C6-5 District, or in a C6-4 or C6-5 District within the Theater Subdistrict where a zoning lot has been granted bonus floor area or other floor area allowances in accordance with the provisions of Section 81-741 (General provisions), such zoning lot shall qualify for a maximum residential floor area ratio of 12.0 if the development or the building containing the enlargement includes recreational space for the residential occupants in an amount not less than 13 square feet for each rooming unit, 16.25 square feet for each dwelling unit, or a total area of at least 5,000 square feet, whichever is greater. The recreational space may be located at any level including a roof. Such recreational space shall:

(1)        be restricted to residential occupants of the development or the building containing the enlargement and their guests, for whom no admission or membership fees may be charged;

(2)        be directly accessible from a lobby or other public area served by the residential elevators;

(3)        be landscaped, including trees or shrubbery, except where covered or developed with recreational facilities and seating areas;

(4)        contain not less than 500 square feet of continuous area on a single level with no dimension of less than 15 feet;

(5)        have not less than 50 percent of the area open from its lowest level to the sky. The remaining portion may be roofed and up to 50 percent of its perimeter may be enclosed. In no event may more than 25 percent of the required recreational space be fully enclosed. All enclosures shall be transparent except when located within the building. Covered areas shall contain recreational facilities or seating areas.

A copy of requirements (c)(1) through (c)(5), as set forth in this Section, shall be permanently posted in a conspicuous place within each recreational space.

When a building containing residential uses is located on the same zoning lot as another building, the provisions of Section 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) shall not apply.

The common purpose of these two sets of regulations is to offer maximum design flexibility while setting reasonable but firm standards to protect access of light and air to public streets and adjacent buildings.

This purpose is implemented by the two alternate sets of regulations, which are based on two distinct approaches. Both sets are concerned with daylight at street level.

The daylight compensation regulations require any building generally to be built within a sky exposure curve which relates required setbacks to building heights. Within limits, the buildings may encroach outside the curve but only if extra setbacks or recesses provided elsewhere on the same street frontage of the zoning lot compensate for the encroachment. In the regulations, the sky exposure curve for three street width categories is represented in each case by a table of required setbacks related to building heights.

The daylight evaluation regulations measure and evaluate portions of sky blocked by a building as viewed from specified vantage points in the street. The building is plotted on daylight evaluation charts representing the zoning lot's available daylight from specified vantage points, measured in daylight squares as defined in paragraph (b) of Section 81-272. Daylight blockage by the building is then measured to determine the building's score on each frontage and the average score for the building as a whole. The regulations specify the minimum passing scores for compliance.

Except as set forth in this Section, structures which under the provisions of Sections 33-42 or 43-42 (Permitted Obstructions) or 34-11 or 35-10 (GENERAL PROVISIONS), are permitted to penetrate a maximum height limit or a sky exposure plane shall not be permitted as exceptions to the height limitations, setback requirements or rules for the measurement of encroachments or compensating recesses set forth in Section 81-26 (Height and Setback Regulations—Daylight Compensation), nor shall they be excluded in determining daylight blockage pursuant to the provisions of Section 81-27 (Alternate Height and Setback Regulations—Daylight Evaluation).

The following shall be permitted as exceptions to the height regulations, setback requirements or rules for the measurement of encroachments or compensating recesses, set forth in Section 81-26, and shall be excluded in determining daylight blockage, pursuant to the provisions of Section 81-27:

1. unenclosed balconies conforming to the provisions of Section 23-13 (Balconies); and
2. qualifying exterior wall thickness. Where buildings that have added exterior wall thickness pursuant to this Section are enlarged, such enlarged portion may similarly penetrate a maximum height limit in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no penetration of floor area above a maximum height limit.

The provisions of Sections 81-26 (Height and Setback Regulations-- Daylight Compensation) and 81-27 (Alternate Height and Setback Regulations--Daylight Evaluation) are supplemented and modified by special provisions applying in the Fifth Avenue Subdistrict, as set forth in Sections 81-81 (General Provisions) and 81-83 (Special Street Wall Requirements) or in the Theater Subdistrict as set forth in Sections 81-71 (General Provisions) and 81-75 (Special Street Wall and Setback Requirements) or in the East Midtown Subdistrict as set forth in Sections 81-61 (General Provisions), 81-66 (Special Height and Setback Requirements), inclusive, or 81-671 (Special street wall requirements), or in the Penn Center Subdistrict as set forth in Section 81-532 (Special street wall requirements).

The provisions of Sections 81-26 and 81-27 are not applicable in the Preservation Subdistrict, where height and setback is regulated by the provisions of Section 81-90 (SPECIAL REGULATIONS FOR PRESERVATION SUBDISTRICT).

In the Special Midtown District, the City Planning Commission may modify the special height and setback regulations set forth in this Chapter only in accordance with the following provisions:

Section 74-711        (Landmark preservation in all districts) as modified by the provisions of Sections 81-266 or 81-277 (Special permit for height and setback modifications)

Section 74-79        (Transfer of Development Rights From Landmark Sites) where development rights are transferred from a landmark site to an adjacent lot in a C5-3, C6-6 or C6-7 District, as modified by Section 81-212, and the total floor area on the adjacent lot resulting from such transfer exceeds the basic maximum floor area ratio by more than 20 percent. In such cases, the granting of a special permit by the Commission for height and setback modifications shall be in accordance with the provisions of Sections 81-266 or 81-277

Section 81-066        (Special permit modifications of Section 81-254, Section 81-40 and certain Sections of Article VII, Chapter 7)

Section 81-632        (Special permit for transfer of development rights from landmarks to the Vanderbilt Corridor Subarea)  

Section 81-633        (Special permit for Grand Central public realm improvements)

Section 81-685        (Special permit to modify qualifying site provisions)

Compensating recess

A portion of a zoning lot which, at the building height selected for determining compliance with the provisions of Section 81-26 (Height and Setback Regulations--Daylight Compensation), lies in the free zone (Zone A on the encroachment grid), is not covered by any portion of a building and qualifies as compensating for encroachments beyond the free zone under the provisions of Section 81-264 (Encroachments and compensating recesses). (See illustration of Compensating Recess and Encroachment)

COMPENSATING RECESS AND ENCROACHMENT

(81-261.1)

Encroachment

A projection beyond the setback line, the free zone or the half-setback line by any portion of a building that exceeds the maximum height permitted at the street line. (See illustration of Compensating Recess and Encroachment)

Encroachment grid

A plan drawing of the zoning lot at any given height above curb level selected to determine compliance with the provisions of Section 81-26 and showing, for that height, street lines, setback lines, half-setback lines, Zone A (the free zone), Zone B and Zone C (encroachment zones) and, where applicable, the ten-foot setback line. The encroachment grid serves as a device for measuring areas of encroachment beyond the free zone and areas of compensating recess within the free zone. (See illustration of Encroachment Grid)

ENCROACHMENT GRID

(81-261.2)

Free zone

That portion of a zoning lot, at any given height, which may be covered by a building without coverage constituting an encroachment that requires daylight compensation.

In addition to the area that lies behind a setback line or setback lines, the free zone shall include areas between the setback line and either the half-setback line or the ten-foot setback line, whichever is further from the street line, and which qualify as free zone areas under the middle one-third rule. The free zone is referred to as Zone A on the encroachment grid.

FREE ZONE

(81-261.3)

Half-setback line

A line drawn parallel to a street line and halfway between the street line and the setback line. (See illustration of Setback Line and Half-Setback Line)

Middle one-third rule

The rule under which, for the middle one-third of the front lot line length, the free zone includes area between the setback line and either the half-setback line or the ten-foot setback line, whichever is further from the street line. However, on a corner lot the free zone does not extend beyond the setback line along an intersecting street. (See illustrations of Middle One-Third Rule)

MIDDLE ONE-THIRD RULE

(81-261.4)

Setback line

A line drawn in plan parallel to a street line and showing for a given building height the minimum depth to which a building is required to be set back from the street line by the applicable depth to height chart in Section 81-263 (Standard setback requirements). Required setbacks, established by the chart, increase with the building's height. (See illustration of Setback Line and Half-Setback Line)

SETBACK LINE AND HALF-SETBACK LINE

(81-261.5)

Street frontage zone

A portion of a zoning lot which lies within an area bounded by a continuous front lot line and either the center line of the block or a line 100 feet distant from and parallel to that front lot line, whichever is closer to that front lot line. There shall be a street frontage zone for each zoning lot street frontage. (See illustration of Street Frontage Zones)

STREET FRONTAGE ZONES

(81-261.6)

Ten-foot setback line

A line which is parallel to the street line at a depth of 10 feet and represents the minimum distance any portion of a building exceeding the maximum height at the street line is required to be set back from the street line. A greater setback distance may be required by a setback line or a half-setback line depending upon the building height for which such setback line or half-setback line is established.

TEN-FOOT SETBACK LINE ON AN ENCROACHMENT GRID

(81-261.7)

Zone A, Zone B, Zone C

"Zone A," "Zone B" and "Zone C" are zones on an encroachment grid defined as follows:

(a)        Zone A is the free zone.

(b)        Zone B, an encroachment zone, is the zone, exclusive of any area in Zone A and any area closer to the street line than the ten-foot setback line, which lies between the setback line and either the half-setback line or the ten-foot setback line, whichever is further from the street line.

(c)        Zone C, an encroachment zone and penalty zone, is the zone, exclusive of any area closer to the street line than the ten-foot setback line, which lies between the half-setback line and the ten-foot setback line.

(a)        General provisions

The front wall of a building at the street line shall not exceed the height limit applying along the street on which it fronts. Maximum front wall heights at the street line vary with the width of the street on which the wall fronts, as follows:

(b)        Special provisions for corner lots

For a corner lot with frontage on streets of different widths, the maximum front wall height at the street line of the narrower street may be increased above that indicated in paragraph (a) in accordance with either one of the following rules:

Rule 1:

The maximum front wall height at the street line for the wider street may extend up to 100 feet from the corner along the street line of the narrower street; or

SPECIAL RULE 1 FOR CORNER LOTS

(81-262b.1)

Rule 2:

For any length of frontage from the corner along the narrower street, a maximum height for such length of frontage may apply, which shall be the weighted average of (1) the height permitted under Rule 1 for the first 100 feet from the corner, and (2) the standard height limit for front walls on the narrower street for the remainder of the frontage. (See illustration of Special Rules for Corner Lots)

SPECIAL RULE 2 FOR CORNER LOTS

(81-262b.2)

Buildings shall comply with the regulations of this Section.

(a)        Ten-foot setback requirement

Above the maximum height permitted at the street line pursuant to the provisions of Section 81-262, every portion of a building shall be set back at least 10 feet from the street line.

(b)        General setback provisions; depth to height charts

Above the maximum height permitted at the street line, buildings, in addition to meeting the requirements of paragraph (a) of this Section, are required to be set back behind the applicable setback line, the depth of the setback line at any point depending upon the height of the wall at that point in accordance with the requirements of applicable Tables A, B or C of this Section presenting required setbacks from streets 60 feet or less, 75 or 80 feet, or 100 or more feet in width, respectively.

Table A

SETBACK REQUIREMENTS

ON STREETS 60 FEET OR LESS IN WIDTH

Depth of Setback Line from Street Line at

Stated Heights above Curb Level.

Table B

SETBACK REQUIREMENTS

ON STREETS 75 OR 80 FEET WIDE

Depth of Setback Line from Street Line at

Stated Heights above Curb Level.

Table C

SETBACK REQUIREMENTS

ON STREETS AT LEAST 100 FEET WIDE

Depth of Setback Line from Street Line at

Stated Heights above Curb Level.

(c)        Use of tables

To comply with the setback requirements of this Section, a building at any height shall be set back at least to the depth of the setback line indicated on the applicable table.

For heights between those shown on the table, the depth of the setback line shall be interpolated.

Required depths of setback lines shall be rounded off to the next highest half foot.

The setback requirements apply only to portions of buildings above the maximum height permitted at the street line, so that required setbacks on the narrower street frontage of a corner lot shall apply only to heights above the maximum front wall heights permitted by the corner lot provisions of paragraph (b) of Section 81-262 (Maximum height of front wall at the street line).

(d)        Middle one-third rule

A building may penetrate beyond the setback line at any height if the penetration is confined to the middle third of the front lot line length and complies in all respects with the middle one-third rule as defined in Section 81-261 (Definitions).

In addition to complying with the setback requirements of Section 81-263 (Standard setback requirements), a building shall not at any height encroach beyond a half-setback line or a ten-foot setback line, except as provided below. For each street frontage zone and for all street frontage zones, taken together on a single encroachment grid, a building shall not, at any level, have an aggregate area of encroachment beyond the setback line, other than in any free zones, greater than the aggregate area of compensating recess at such level.

Except as provided below, an area of compensating recess in one street frontage zone shall not be used to compensate for encroachment in another street frontage zone. However, a building with a street frontage zone which lies along a north-south wide street and does not meet the above requirements because of excessive encroachment will be in compliance with the street frontage zone requirements of this Section if compensation is provided for such excessive encroachment by an overlapping street frontage zone.

The requirement that the aggregate area of compensating recess at least equal the aggregate area of encroachment, as set forth in this Section, shall also apply to any building which encroaches beyond a half-setback line and which is therefore subject to the provisions of Section 81-265 (Encroachment limitations by length and height rules). (See illustration of Encroachments and Compensating Recesses)

(a)        Rules for measuring encroachments and recesses

Areas of encroachment and compensating recess shall be measured in plan on one or more encroachment grids showing for the zoning lot, at a given height level, the street lines, the setback lines, the half-setback lines, the ten-foot setback lines, Zone A, Zone B and Zone C and the street frontage zones.

ENCROACHMENTS AND COMPENSATING RECESSES

(81-264a)

The scale of the encroachment grid shall be not more than 20 feet to the inch. All buildings, existing and proposed, shall be located accurately on the grid in plan at the height level selected to demonstrate compliance. For each street frontage zone, the areas of the building’s encroachment in Zone B and Zone C and the compensating recess areas not covered by any building in Zone A shall be measured on the encroachment grid.

(b)        Limits of encroachment

Except as provided in paragraph (d) of this Section for existing buildings below specified heights, encroachment is limited as follows:

(1)        For each street frontage zone, at every height above the maximum front wall height at the street line, the area within Zone A that is not covered by a building and qualifies as compensating recess area shall, in the aggregate, equal or exceed the aggregate area in Zone B and Zone C that is encroached upon by a building at such height.

(2)        No part of a building shall encroach into Zone C unless it complies with the provisions of Section 81-265.

(3)        On corner lots, the projection of a building beyond the setback line or half-setback line on the narrower street shall not count as an encroachment except at heights above the maximum height permitted at the street line by the corner lot provisions in paragraph (b) of Section 81-262 (Maximum height of front wall at the street line).

(c)        Limitations on compensating recess

Compensating recess areas are subject to the following limitations:

(1)        Any required compensating recess area shall extend without diminution of dimensions downward at least to the lowest level at which any encroachment into Zone B or Zone C occurs and upward to the sky. (See illustration of Extension Downward of Compensating Recess Area)

EXTENSION DOWNWARD OF COMPENSATING RECESS AREA

(81-264c1)

(2)        Compensating recess area shall be visible when viewed from at least one adjacent street along a line that intersects the front lot line of the zoning lot at right angles. (See illustration of Visibility of Compensating Recess Area)

VISIBILITY OF COMPENSATING RECESS AREA

(81-264c2)

(3)        The minimum length of a compensating recess, measured parallel to the street line, and behind the setback line, is 30 feet, except for any uncovered portion of an area that qualifies as Zone A under the middle one-third rule or an uncovered area located behind two intersecting setback lines. An uncovered area between the setback line and half-setback line that qualifies as Zone A under the middle one-third rule is not subject to the minimum length requirement. (See illustration of Minimum Length of Compensating Recess)

MINIMUM LENGTH OF COMPENSATING RECESS

(81-264c3)

(4)        Compensating recess area shall be within 100 feet of a front lot line.

(d)        Existing buildings on the zoning lot

Where a zoning lot contains an existing building which exceeds a height limit, an enlargement or development on such zoning lot shall comply with the following provisions:

(1)        For each street frontage zone, if the existing building is not more than 120 feet in height at any point and encroaches into Zone B or Zone C or beyond the ten-foot setback line along the frontage of a street 60 feet wide, or if the existing building is not more than 150 feet in height at any point and encroaches into Zone B or Zone C or beyond the ten-foot setback line along the frontage of a street 75 or more feet in width, the new building or enlargement is not required to compensate for such encroachment by the provision of compensating recess areas. Encroachment by such an existing building into Zone C or beyond the ten-foot setback line will not subject the new building or enlargement to the provisions of Section 81-265 unless the new building or enlargement also encroaches into Zone C.

(2)        For each street frontage zone, space above such existing building and within Zone A on the encroachment grid may count as compensating recess area for the new building or enlargement provided that such space is at or below the lowest level of any compensable encroachment by the new building or enlargement, that it is located within the same street frontage zone as that compensable encroachment, and that it qualifies in all respects under the provisions of paragraph (c) of this Section (Limitations on compensating recess).

(3)        For each street frontage zone, if an existing building more than 120 feet in height at any point encroaches into Zone B or Zone C or beyond the ten-foot setback line along the frontage of a street 60 feet wide, or if an existing building more than 150 feet in height at any point encroaches into Zone B or Zone C or beyond the ten-foot setback line along the frontage of a street 75 or more feet in width, the encroachment of such building into Zone B or Zone C or beyond the ten-foot setback line at any height shall be subject to the requirements for compensating recess areas set forth in paragraph (b)(1) of this Section, as if it were a new building. Where such an existing building encroaches into Zone C or beyond the ten-foot setback line, the provisions of paragraph (f)(2) in Section 81-265 shall apply in addition to the provisions of this Section. (See illustration of Existing Buildings on the Zoning Lot)

EXISTING BUILDINGS ON THE ZONING LOT

(81-264d3)

Above the maximum height of a front wall at the street line as set forth in Section 81-262, a building may only encroach beyond the half-setback line if it complies with the provisions of this Section and if the area of compensating recess equals or exceeds the area of encroachment in Zone B and Zone C in accordance with the provisions of Section 81-264 (Encroachments and compensating recesses).

(a)        Special limitations

No encroachment beyond the half-setback line shall be within 30 feet of a side lot line. (See illustration of Prohibited and Allowed Encroachment Beyond Half-Setback Line)

PROHIBITED AND ALLOWED ENCROACHMENT BEYOND

HALF-SETBACK LINE

(81-265a)

(b)        General provisions

The length, depth, height and area of encroachments along any street frontage all contribute to a building's impact on daylight access. In order to determine whether the depth of a building's encroachment into Zone C is justified, the length of the encroachment, measured parallel to the street line, and its height above curb level must also be evaluated. The extent of encroachment also must be considered in relation to the extent of the area of compensating recess in the same street frontage zone. The purpose of the length and height rule is to ensure, in the case of encroachments beyond the half-setback line, that the closer a building comes to the street line, the less will be the length of its encroachment, its height or both. (See illustration of Elements Analyzed)

The elements comprising this analysis are represented by symbols and are as follows:

(1)        

De        (depth of encroachment) means depth of encroachment beyond the setback line. Depth of encroachment is measured perpendicularly to the setback line.

D        (depth of setback line) means depth of setback line from the street line or depth of ten-foot setback line from the street line, whichever depth is greater.

(2)        

Le        (length of encroachment) means total length of encroachment outside the half-setback line. Length of encroachment is measured as the total length of the encroachments' projections on the street line.

L        (length of front lot line) means the length of the front lot line along the particular street. However, the length of the front lot line for the purposes of this Section shall not exceed 300 feet, irrespective of the actual lot line length.

(3)        

Le        (length of encroachment) as defined in paragraph (b)(2) of this Section.

Lr        (length of recess) means total length of setback line not encroached upon by a building.

(4)        

H        (height of encroachment) means the height of the encroachment above curb level.

L        (length of front lot line) as defined in paragraph (2) of this Section.

(5)        

Ar        (area of compensating recess) means area of compensating recess in the particular street frontage zone. Area of compensating recess is calculated to a depth of 100 feet from the street line.

Ae        (area of encroachment) means area of encroachment beyond the setback line. Area of encroachment is calculated to a depth of 100 feet from the street line.

Values for the elements in paragraphs (b)(1) through (b)(5) shall be found for each street frontage zone on which there is any encroachment beyond the half-setback line.

ELEMENTS ANALYZED

(81-265b)

The elements, weighted according to the effects on daylight access, are represented in the formulas and charts that control the depth, length and height of encroachments, as set forth in paragraph (c) of this Section.

Encroachments of proposed buildings or enlargements beyond the half-setback line are permitted only if in compliance at every point with the formulas in paragraph (c) of this Section. Aside from this general requirement, specified points at which the length, depth, height and area rules shall be applied are presented in paragraphs (d) and (e) of this Section.

(c)        Encroachment limitations by Formulas 1 and 2

Where applicants elect to have their buildings regulated by the formulas, buildings shall comply with both Formula 1 and Formula 2 as set forth in this paragraph. Elements of the formulas and the symbols by which they are represented are as set forth in paragraph (b) of this Section.

The maximum height of encroachment (H) allowed by Formula 1 may be modified for certain conditions, as follows:

(1)        For short frontages

For any frontage less than 200 feet in length, the maximum

found by applying Formula 1 may be increased by the following multiplier:

(2)        For large areas of compensating recess

To the extent that the aggregate area of compensating recess (Ar) exceeds the aggregate area of encroachment (Ae), the maximum

found by applying Formula 1 may be increased by the following multiplier:

For the purposes of this modification, the measurement of the area of compensating recess (Ar) and the area of encroachment (Ae) in each particular street frontage zone shall be made on the encroachment grid at the height level for which encroachments beyond the half-setback line are checked. The encroachment grid shall include all street frontage zones. (Ar) shall include all areas of compensating recess in the particular street frontage zone, whether or not connected, and (Ae) shall include all encroachments in both Zone B and Zone C in the same street frontage zone, whether or not such encroachments are connected.

(d)        Measurement of encroachments

The points at which the formulas are applied will depend upon the shape and dimensions of the encroachments beyond the half-setback line and shall be in accordance with the provisions of this paragraph and paragraph (e) of this Section.

Where the encroachments along a single street frontage are not connected outside the half-setback line, each encroachment shall be measured separately in accordance with the provisions of paragraph (e). However, at any given height, where such non-contiguous encroachments occur, the encroachments shall be examined together, and the length of encroachment (Le) shall be the total of the (Le) for the individual encroachments. (See illustration of Non-contiguous Encroachments)

NON-CONTIGUOUS ENCROACHMENTS

(81-265d)

(e)        Heights and depths at which formulas are applied

Heights and depths at which the formulas shall be applied are set forth in this paragraph. In addition to meeting the requirements of paragraphs (e)(1) and (e)(2) of this Section, the applicant shall demonstrate that there is no height at which the proposed building or enlargement fails to comply with the formulas in paragraph (c) of this Section.

(1)        Standard requirement where length of encroachment is uniform

Where the length of the encroachment (Le) is uniform for the entire height of the encroachment (H) and the entire depth (De) at every height, the length, depth and height rules expressed in the formulas shall be applied only at the height where (De/D) is greatest and at the outermost edge of the encroachment. (See illustration of Uniform Length of Encroachment)

UNIFORM LENGTH OF ENCROACHMENT

(81-265e1)

(2)        Standard requirement where length of encroachment is not uniform

Where the length of the encroachment (Le) is not uniform, the rules shall be applied at the height level where (De/D) is greatest and also at the height level where the length of encroachment (Le) is greatest. If the greatest length of encroachment is uniform for part of the building's height, the rules shall be applied at the highest level at which such greatest length of encroachment occurs. (See illustrations Where Length of Encroachment Is Not Uniform).

If for a particular height level, the length of the encroachment (Le) varies with the depth of the encroachment (De), the largest (Le) of this encroachment shall be used together with the largest (De) in applying the rules as if the encroachment were of uniform length as provided in paragraph (e)(1) of this Section.

WHERE LENGTH OF ENCROACHMENT IS NOT UNIFORM

(81-265e2)

(f)        Encroachments by existing buildings

When a zoning lot contains an existing building which encroaches beyond a half-setback line or a ten-foot setback line, an enlargement or development on such zoning lot shall comply with the following provisions:

(1)        Existing buildings below specified heights

(i)        Except as provided in paragraph (f)(1)(ii) of this Section, an existing building not more than 120 feet in height shall not be considered in applying the length and height rules even though a portion of such building encroaches beyond the half-setback line or ten-foot setback line along a 60 foot wide street and an existing building not more than 150 feet in height shall not be considered in applying the length and height rules even though a portion of such building encroaches beyond the half-setback line or ten-foot setback line along a street 75 or more feet in width.

(ii)        However, the area occupied by the existing building shall be included in the calculation of (Ar/Ae) for the modification of Formula 1 allowed in the case of large areas of compensating recess, as set forth in paragraph (c)(2) of this Section.

(2)        Existing buildings above specified heights

Where an existing building more than 120 feet in height encroaches beyond the half-setback line or ten-foot setback line along a 60-foot wide street or where an existing building more than 150 feet in height encroaches beyond the half-setback line or ten-foot setback line along a street 75 or more feet in width, the following provisions, in addition to those of paragraph (d)(3) of Section 81-264 (Encroachments and compensating recesses), shall apply:

(i)        no new construction on the zoning lot shall encroach beyond the half-setback line along any street, and

(ii)        the length and height rules of this Section shall not apply.

In C5-3, C6-6 or C6-7 Districts, where a special permit application is made pursuant to Section 74-71 (Landmark Preservation) for modification of bulk regulations on a zoning lot containing a landmark, or where a special permit application is made pursuant to Section 74-79 for transfer of development rights from a landmark site and the floor area represented by such transferred development rights exceeds 20 percent of the basic maximum floor area permitted on the zoning lot receiving the development rights, such application may include a request for modification of the height and setback regulations set forth in Sections 81-261 to 81-265, inclusive, relating to Height and Setback Regulations - Daylight Compensation. The City Planning Commission may authorize such height and setback modifications subject to the following conditions:

(a)        the applicant shall demonstrate to the satisfaction of the Commission that a feasible design for the proposed development or enlargement which accommodates the permitted floor area is not possible under the provisions of Sections 81-261 to 81-265, inclusive, and shall further indicate for the proposed design where and to what extent deficiencies of compensating recess are necessary or compliance with the length and height rules is not possible. Scale drawings shall be used in presenting the analyses required herein; and

(b)        the Commission shall make the following findings in addition to any required under the applicable provisions of Section 74-71 or Section 74-79:

(1)        that the requested departure from the height and setback regulations is the minimum amount necessary to achieve a feasible building design;

(2)        that the disadvantages to the surrounding area resulting from reduced light and air access will be more than offset by the advantages of the landmark's preservation to the local community and the City as a whole; and

(3)        that where the landmark is located on the zoning lot proposed for development or enlargement or on a lot contiguous thereto or directly across a street therefrom, the modification of height and setback regulations will adequately protect the setting for the landmark.

Center line of the street (bounding a zoning lot)

A line equidistant from and parallel or nearly parallel to the street lines on both sides of the street. However, for the purposes of daylight evaluation:

(a)        on a street 75 feet in width, the center line of the street shall be considered to be a line 40 feet from, and parallel to, the front lot line of the zoning lot; and

(b)        on a street more than 100 feet in width, the center line of the street shall be considered to be a line 50 feet from, and parallel to, the front lot line of the zoning lot.

Daylight Evaluation Chart (DEC)

A graphic tool which permits objective measurements of portions of sky blocked by a building when it is viewed from a vantage point. There are three daylight evaluation charts for use with street widths of 60 feet, 75 to 80 feet and 100 feet and over, respectively. All buildings are drawn on the appropriate daylight evaluation chart to evaluate their compliance with the regulations of Section 81-27 (Alternate Height and Setback Regulations—Daylight Evaluation). These three daylight evaluation charts are in Appendix B of this Chapter. A fourth chart in Appendix B is available for use with qualifying sites in the East Midtown Subdistrict, as defined in Section 81-613, with frontage along Park Avenue.

Far lot line

A lot line intersecting the street line of the vantage street such that, when viewed from the vantage point, the zoning lot does not contain any lot area that is on the far side of and immediately adjoining the lot line at its intersection with the street line. (See illustration of Far Lot Line and Vantage Point)

FAR LOT LINE AND VANTAGE POINT

(81-271.1)

Near lot line

A lot line, other than the far lot line, which intersects the street line of the vantage street and which defines the extent of the zoning lot's continuous frontage along the vantage street from the far lot line.

Profile curve

A curved line on the daylight evaluation chart rising from the intersection of the curved line representing an elevation angle of 72 degrees with the vertical line at the far lot line. The profile curve is used to evaluate a building's obstruction of the sky as seen in profile from the vantage point.