104-60

MODIFICATION OF SPECIAL BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT

The City Planning Commission may, by special permit:

(a)        modify the special height and setback requirements of Section 104-30 (SPECIAL HEIGHT AND SETBACK REQUIREMENTS), inclusive, provided the Commission finds that such modifications are necessary to:

(1)        meet programmatic and mechanical requirements;

(2)        achieve a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public access areas, streets, buildings and properties;

(3)        provide flexibility of architectural design and encourage more attractive building forms; and

(4)        result in a development or enlargement that is compatible with development in the surrounding area.

(b)        permit the transfer of floor area from any granting site to a receiving site for a development that requires modification of the special height and setback requirements of Section 104-30, inclusive, provided the Commission finds:

(1)        such transfer complies with the general requirements set forth in paragraphs (a), (b), (c) and (d) of Section 104-51;

(2)        the distribution of floor area on the receiving site does not adversely affect the character of the surrounding area by unduly concentrating floor area in any portion of Subdistrict A; and

(3)        where such transfer is from a granting site on Blocks A, C or D, it shall also comply with the provisions of paragraphs (b) and (c) of Section 104-52 (Transfer of Floor Area by Notice).

The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the development or enlargement on the character of the surrounding area.

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