Development

For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Lincoln Square District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Lincoln Square District is superimposed are made inapplicable, and special regulations are substituted in this Chapter. Each development within the Special District shall conform to and comply with all of the applicable district regulations of this Resolution, except as otherwise specifically provided in 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.

An application to the City Planning Commission for the grant of a special permit or an authorization respecting any development under the provisions of this Chapter shall include a site plan showing the location and the proposed use of all buildings or other structures on the site; the location of all vehicular entrances and exits and proposed off-street parking spaces, and such other information as may be required by the Commission for its determination as to whether or not a special permit or an authorization is warranted. Such information shall include, but not be limited to, justification of the proposed development in relation to the general purposes of the Special Lincoln Square District.

The District Plan for the Special Lincoln Square District, included as Appendix A, identifies specific subdistricts in which special zoning regulations carry out the general purposes of the Special Lincoln Square District. These areas are: Subdistrict A, Subdistrict B and Subdistrict C.

The District Plan also identifies blocks with mandatory front lot line street walls. The District Plan is hereby incorporated as an integral part of the Special Lincoln Square District.

Any development located on a zoning lot with a lot line which coincides with either of the following street lines - the east side of Broadway between West 61st and West 65th Streets or the east side of Columbus Avenue between West 65th and West 66th Streets - may contain an arcade as defined in Section 12-10, except that:

(a)        the arcade shall extend the full length of the zoning lot along the street lines described above; however, the required arcade along the east side of Columbus Avenue may be terminated at a point 40 feet south of West 66th Street;

(b)        the exterior face of building columns shall lie along the street lines described above;

(c)        the minimum depth of the arcade shall be 15 feet (measured perpendicular to the exterior face of the building columns located on the street line) and the minimum height of the arcade along the center line of its longitudinal axis shall not be less than 20 feet;

(d)        the arcade shall contain no permanent obstruction within the area delineated by the minimum width and height requirements of this Section except for the following:

(1)        unenclosed cafes, provided that there is at least a six foot wide unobstructed pedestrian way adjacent to the street wall. In no event may such cafes be enclosed at any time; and

(2)        structural columns not exceeding two feet by three feet provided that the longer dimension of such columns is parallel to the street line, that such columns are spaced at a minimum of 17 feet on center, and that the space between such columns and the face of the street wall is at least 13 feet wide. No other columns shall project beyond the face of the street wall ;

(e)        no signs may be affixed to any part of the arcade or building columns except on a parallel to the street wall projecting no more than 18 inches therefrom parallel to the street line along which the arcade lies; and

(f)        the arcade shall be illuminated only by incandescent lighting to a standard of average eight foot-candle intensity with a minimum five foot-candle intensity at any point within the arcade.

Where a development is constructed on a zoning lot that fronts on a sidewalk containing a stairway entrance into the West 59th Street (Columbus Circle) or the West 66th Street subway station and such zoning lot contains 5,000 square feet or more of lot area, the existing entrance shall be relocated from the street onto the zoning lot in accordance with the provisions of Sections 37-41 (Standards for Location, Design and Hours of Public Accessibility) and 37-42 (Administrative Procedure for a Subway Stair Relocation or Renovation).

Any development located on the east side of Broadway between West 66th Street and West 67th Street shall provide an easement on the zoning lot for public access to the subway mezzanine or station when required by the New York City Transit Authority (TA) in accordance with the procedure set forth in Section 95-04 (Certification of Transit Easement Volume) and hereby made applicable.

Within 30 feet of Broadway, Columbus Avenue or Amsterdam Avenue street lines, uses within stories on the ground floor or with a floor level within five feet of curb level, shall be limited to those listed in Use Groups 3A, 3B, 6A, 6C, 8A, 10A and eating or drinking establishments listed in 12A or 12B. Within Use Groups 3A or 3B, uses shall be limited to colleges, universities including professional schools, museums, libraries or non-commercial art galleries. Within such area, lobby space, required accessory loading berths, or access to subway stations are permitted.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall not apply to any commercial use located in a portion of a mixed building that has separate direct access to the street and has no access within the building to the residential portion of the building at any story. In no event shall such commercial use be located directly over any dwelling units.

When the front building wall or street wall of any building developed after February 9, 1994, is located on Broadway, Columbus Avenue or Amsterdam Avenue, glazing shall be provided in accordance with the transparency requirements set forth in Section 37-34 (Minimum Transparency Requirements).

No permitted sign shall extend above curb level at a height greater than 20 feet or obstruct an arcade.

Within Subdistrict B, permitted signs facing upon West 65th Street shall not exceed a height of 40 feet above curb level, and permitted signs facing upon Broadway between West 65th Street and West 66th Street shall not exceed a height of 60 feet above curb level. However, signs facing in an easterly or southerly direction upon that portion of the public place designated on the City Map that is located within an area bounded by West 65th Street and the prolongation of the south side of West 64th Street shall not exceed a height of 40 feet above the level of such public place.

Within Subdistrict A, for any building in a C4-7 District, the maximum permitted commercial floor area shall be 100,000 square feet.

No floor area bonuses shall be permitted within the Special Lincoln Square District except as provided in this Section. The following floor area increases may be used separately or in combination.

(a)        Floor area increase for Inclusionary Housing

For any development to which the provisions of Section 23-90 (INCLUSIONARY HOUSING) are applicable, the maximum permitted residential floor area ratio may be increased by a maximum of 20 percent under the terms and conditions set forth in Section 23-90.

(b)        Floor area bonus for public amenities

For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

The City Planning Commission may, by special permit, modify the height and setback regulations, yard regulations, regulations governing minimum distance between buildings on a single zoning lot, and regulations governing courts and minimum distance between legally required windows and walls or lot lines, provided the Commission finds that such modifications are necessary to:

(a)        facilitate good design;

(b)        allow design flexibility for any development to which the mandatory provisions of Section 82-10 (MANDATORY DISTRICT IMPROVEMENTS) are applicable; or

(c)        incorporate a floor area allowance pursuant to Section 82-32 (Special Provisions for Increases in Floor Area) where inclusion of the proposed public amenity will significantly further the specific purposes for which the Special Lincoln Square District is established.

Within the Special District, at least 60 percent of the total floor area permitted on a zoning lot shall be within stories located partially or entirely below a height of 150 feet from curb level.

For the purposes of determining allowable floor area, where a zoning lot has a mandatory 85 foot high street wall requirement along Broadway, the portion of the zoning lot located within 50 feet of Broadway shall not be included in lot area unless such portion contains or will contain a building with a wall at least 85 feet high coincident with the entire street line of Broadway.

Within the Special District, all buildings shall be subject to the height and setback regulations of the underlying districts, except as set forth in:

(a)        paragraph (a) of Section 82-37 (Street Walls Along Certain Street Lines) where the street wall of a building is required to be located at the street line; and

(b)        paragraphs (b), (c) and (d) of Section 82-37 where the street wall of a building is required to be located at the street line and to penetrate the sky exposure plane above a height of 85 feet from curb level.

The requirements set forth in Sections 33-45 (Tower Regulations) or 35-64 (Special Tower Regulations for Mixed Buildings) for any building, or portion thereof, that qualifies as a "tower" shall be modified as follows:

(a)        At any level at or above a height of 85 feet above curb level, a tower shall occupy in the aggregate:

(1)        not more than 40 percent of the lot area of a zoning lot or, for a zoning lot of less than 20,000 square feet, the percent set forth in Section 23-65 (Tower Regulations); and

(2)        not less than 30 percent of the lot area of a zoning lot.

However, the highest four stories of the tower or 40 feet, whichever is less, may cover less than 30 percent of the lot area of a zoning lot if the gross area of each story does not exceed 80 percent of the gross area of the story directly below it.

(b)        At all levels at or above a height of 85 feet from curb level, the minimum required setback of the street wall of a tower shall be at least 15 feet from the street line of Broadway or Columbus Avenue, and at least 20 feet on a narrow street.

(c)        In Subdistrict A, the provisions of paragraph (a) of Section 35-64, as modified by paragraphs (a) and (b) of this Section, shall apply to any mixed building.

For the purposes of determining the permitted tower coverage in Block 3, as indicated on the District Plan in Appendix A of this Chapter, that portion of a zoning lot located within 100 feet of the west street line of Central Park West shall be treated as if it were a separate zoning lot and the tower regulations shall not apply to such portion.

(a)        On a zoning lot with a front lot line coincident with any of the following street lines, a street wall shall be located on such street line for the entire frontage of the zoning lot on that street and shall rise without setback to a height of 85 feet above curb level:

(1)        the east side of Broadway between West 61st Street and West 65th Street;

(2)        the east side of Columbus Avenue between West 65th Street and West 66th Street;

(3)        the east side of Broadway between West 67th Street and West 68th Street;

(4)        the west side of Broadway between West 66th Street and West 68th Street; and

(5)        the west side of Broadway between West 60th Street and West 62nd Street.

Such street wall shall extend on a narrow street to a distance of not less than 50 feet from its intersection with the street line of Broadway or Columbus Avenue and shall include a 20 foot setback at a height of 85 feet above curb level as required in Section 33-432 (In other Commercial Districts).

(b)        On a zoning lot in Block 1, as indicated on the District Plan in Appendix A of this Chapter, with a front lot line coincident with any of the following street lines, a street wall shall be located on such street lines for the entire frontage of the zoning lot on that street:

(1)        the west side of Broadway between West 62nd Street and West 63rd Street;

(2)        the south side of West 63rd Street between Broadway and Columbus Avenue; and

(3)        the east side of Columbus Avenue between West 62nd Street and West 63rd Street.

The street wall located on the south side of West 63rd Street shall rise vertically without setback to the full height of the building except for the top four floors or 40 feet, whichever is less, and shall extend along Columbus Avenue and/or Broadway for no more than one-half of the length of the total block front. The street wall located on the remaining block front on Broadway shall rise to a height of 85 feet above curb level and then set back 20 feet as required in Section 33-432.

(c)        On a zoning lot in Block 2, as indicated on the District Plan, with a front lot line coincident with any of the following street lines, a street wall shall be located on such street line for the entire frontage of the zoning lot on that street:

(1)        the east side of Broadway between West 67th Street and West 66th Street;

(2)        the north side of West 66th Street between Broadway and Columbus Avenue; and

(3)        the west side of Columbus Avenue between West 66th Street and West 67th Street.

The street wall located on the north side of West 66th Street shall rise vertically without setback to the full height of the building except for the top four floors or 40 feet, whichever is less, and shall extend on Broadway and/or Columbus Avenue for no more than one-half of the length of the total block front. The street wall located on the remaining block front on Broadway shall rise to a height of 85 feet above curb level and then set back 20 feet as required in Section 33-432.

(d)        On a zoning lot in Block 3, as indicated on the District Plan, with a front lot line coincident with the street line of Central Park West, the street wall shall be located on such street line for the entire frontage of the zoning lot on that street.

The street wall fronting on Central Park West shall rise vertically without setback to a height of at least 125 feet but not greater than 150 feet and shall extend along the street line of West 61st Street and along the street line of West 62nd Street to a distance of not less than 50 feet but not more than 100 feet from their intersection with the west street line of Central Park West. Above that height, no building or other structure shall penetrate a sky exposure plane that starts at the street line and rises over the zoning lot at a ratio of 2.5 : 1.

Recessed fenestration and special architectural expression lines in the street wall are required as follows:

(a)        Except as set forth in paragraph (b) of this Section, the aggregate width of all recesses in the street wall fronting upon Broadway shall be between 15 percent and 30 percent of the entire width of such street wall at any story between the ground floor and 85 feet above curb level.

(b)        In Block 1, as indicated on the District Plan in Appendix A of this Chapter, for any street wall fronting upon the south side of West 63rd Street and extending along Broadway and/or Columbus Avenue to a distance of not less than 50 percent of the block front, the aggregate width of all recesses in the street walls along each such street shall be between 15 percent and 30 percent of the entire width of each street wall at any story between the ground floor and 85 feet above curb level and shall be between 30 percent and 50 percent of the entire width of each street wall at any story above 85 feet above curb level.

(c)        In Block 2, as indicated on the District Plan, the requirement of street wall recesses in paragraph (b) of this Section shall also apply to a street wall fronting upon the north side of West 66th Street and extending along Broadway and/or Columbus Avenue to a distance of not less than 50 percent of the block front.

Such recesses shall be a minimum of one foot in depth and shall not exceed a depth of 10 feet. Below a height of 85 feet above curb level, no recesses deeper than one foot shall be permitted in a street wall within a distance of 10 feet from the intersection of any two street lines.

In addition, along the street lines of Broadway, West 63rd Street and West 66th Street within Blocks 1 and 2, the street wall shall provide, at a height of 20 feet above curb level, an architectural expression line consisting of a minimum six inch recess or projection, for a minimum height of one foot and maximum height of two feet.

The street wall of a building may be vertically extended above a height of 85 feet above curb level without setback in accordance with either of the following provisions:

(a)        A dormer may be allowed as a permitted obstruction within the required initial setback distance above a height of 85 feet above curb level. The street wall of a dormer shall rise vertically as an extension of the street wall of the building. A dormer may be located anywhere on a wide or narrow street frontage.

On any street frontage the aggregate width of all dormers at the required initial setback level shall not exceed 60 percent of the width of the street wall of the story immediately below the initial setback level. For each foot of height above the required initial setback level, the aggregate width of all dormers at that height shall be decreased by one percent of the width of the street wall of the story immediately below the initial setback level. Such dormers shall count as floor area but not as tower lot coverage.

(b)        On a wide street and on a narrow street within 50 feet of its intersection with a wide street, the street wall of a building may be vertically extended without setback within the required initial setback distance above a height of 85 feet above curb level, up to a maximum height of 125 feet, provided that the aggregate width of such street walls shall not exceed 50 percent of the width of the street wall of the story immediately below the initial setback level and provided the street wall of the building contains special architectural expression lines at a height of 85 feet above curb level.