Modifications by authorization

Modifications of the provisions of this Chapter may be authorized by the City Planning Commission based upon receipt of an application, except that there shall be no modifications of any provision of Section 109-12, 109-22, 109-32 or 109-41 unless specifically allowed therein, provided that the Commission, after notification to the affected Community Board, certifies to the Commissioner of Buildings that there exists a compelling need for such modification and that such modifications are consonant with the objectives of the Special Little Italy District. The Commission may prescribe other appropriate conditions and safeguards to minimize adverse effects on the surrounding area.

Notwithstanding any other provisions of the Resolution, the Commission may, after notification to the affected Community Board, authorize a non-complying inner court within an existing building to be eliminated, and may modify the applicable provisions of this Chapter relating to an enlargement, provided that:

(a)        the building is an existing old law or new law tenement, not higher than seven stories;

(b)        any additional floor area created through such elimination of a non-complying inner court is not more than 10 percent of the existing floor area of the building, and the width of such inner court is not more than 20 feet;

(c)        the renovation of such building will result in improved arrangements for adequate access of light and air, and for privacy between dwelling units, to the newly created dwelling units and to the surrounding developments;

(d)        such enlargement will not increase the density of population or intensity of use to the detriment of the occupants of the buildings in the block or nearby blocks;

(e)        the enlargement as proposed shall comply with the applicable provisions of Sections 109-14, 109-17, 109-25, 109-34 or 109-42, except as otherwise modified by the Commission; and

(f)        the Commission is in receipt of a report from the Department of Buildings and the Fire Department concerning said building.

The City Planning Commission may prescribe other additional conditions and safeguards to enhance the character of the surrounding area.