(a)        Designation of listed theaters

“Listed theaters” are theaters to which special provisions of this and other Sections as set forth in 81-741 (General provisions) apply, and are predominantly free-standing theaters with full stage and wings. The theaters as identified on August 6, 1998, in the table in this Section, are designated as “listed theaters.”

LISTED THEATERS

^*        Indicates theaters which do not qualify as a “granting site" pursuant to Section 81-744

In the case of an existing legitimate theater that received a floor area bonus pursuant to regulations in effect prior to May 13, 1982, no provisions of this amendment shall be construed as changing any previously existing responsibility of the owner or lessee of such theater for continuance of its use as a legitimate theater.

(b)        Restrictions on demolition of listed theaters

No demolition permit shall be issued by the Department of Buildings for any theater listed in this Section as a “listed theater," unless:

(1)        it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Article 216 of the New York City Administrative Code;

(2)        it has been designated a landmark by the Landmarks Preservation Commission and a notice to proceed has been issued to the owner pursuant to Section 25-309 of Title 25, Chapter 3, of the New York City Administrative Code permitting demolition that contemplates removal of the theater from theater use; or

(3)        the City Planning Commission, by special permit, allows its demolition in accordance with the provisions of paragraph (c) of this Section.

(c)        Special permit for demolition of listed theaters

The City Planning Commission may allow, by special permit, the demolition of a theater designated as a "listed theater" pursuant to this Section, provided the Commission finds that the demolition of the theater structure will not unduly diminish the character of the Theater Subdistrict as a cultural, entertainment and theatrical showcase. In making this determination, the Commission may consider any or all of the following:

(1)        the current physical characteristics of the theater that affect its suitability as a legitimate theater, including but not limited to seating capacity, configuration and location;

(2)        the history of the theater’s use as a legitimate theater, presenting legitimate attractions to the general public;

(3)        the likelihood of its future use for legitimate theater production under reasonable terms and conditions prevailing in the theater industry; and/or

(4)        that the applicant’s plans, if any, for replacement of the theater structure with a development or enlargement contain replacement uses supportive of the character of the Theater Subdistrict.

As a condition of the special permit, there shall exist a legal commitment binding upon all parties in interest of the zoning lot containing the theater that any development or enlargement on a zoning lot containing a portion or all of the former site of the “listed theater”, that floor space at least equivalent in amount to the total floor area of the theater shall be reserved or devoted exclusively to uses described in Section 81-723 (Entertainment-related uses) and meeting the requirements of paragraphs (b) and (c) of Section 81-722 (Requirements for entertainment-related uses) for the life of such development or enlargement. Notwithstanding the foregoing, if the area of the zoning lot containing the theater is less than 20,000 square feet and the Commission finds that the allocation of floor space at least equivalent in amount to the total floor area of the theater to uses described in Section 81-723 is impractical or unreasonable, the Commission may permit a reduction in the amount of area allocated to such uses.

Any development or enlargement on a zoning lot containing a portion or all of the former site of a “listed theater” must, however, meet the requirements of paragraphs (b) and (c) of Section 81-722 whether or not the zoning lot is located within the area described in that Section.