101-81 - Special Permit for Use and Bulk Modifications for Cultural Use in Certain C6-2
Districts

LAST AMENDED
12/5/2024

In order to support a concentration of cultural #uses# and public open spaces in the C6-2 District bounded by Flatbush Avenue,
Hanson Place, St. Felix Street and Lafayette Avenue, for #buildings# intended to be occupied in whole or in part by cultural
#uses#, the City Planning Commission may permit the maximum #community facility# #floor area ratio# to be increased from 6.5
to 7.0, may permit modifications of the special #street wall# location regulations of Section 101-41, and the height and setback
regulations of Section 23-721 as applied to the #residential# portion of a #building#, and modifications of applicable #sign#
regulations in accordance with this Section.

For the purposes of this Section, “cultural use” shall be defined as the following #uses#:

      From Use Group III

           Libraries

           Museums

      From Use Group VIII

           Art galleries

           Art, music, dancing or theatrical studios
             Theaters

             Historical exhibits

Floor space occupied by such cultural #use# shall qualify as #community facility# #floor area#.

In order to grant such special permit, the conditions of paragraph (a) and the findings of paragraph (b) of this Section shall be met.
In addition, special regulations pertaining to the certificate of occupancy of such #building# shall apply as set forth in paragraph
(c).

(a)    Conditions

       (1)      A letter from the Office of the Mayor shall be submitted certifying that:

                (i)     a preliminary agreement has been executed providing for a cultural facility consisting of at least 40,000
                        square feet of interior gross square feet in the #building# to be transferred for cultural #uses# and for the
                        construction of the core and shell of such cultural facility by the applicant; and

                (ii)    floor plans have been provided to the Office of the Mayor which demonstrate that the cultural facility is
                        well-suited for cultural #uses#; and

       (2)     A legal commitment in the form of a declaration of restrictions shall be executed and delivered to the City for
               recording upon the approval of the permit, restricting use of the #floor area# to be occupied by cultural #uses# to
               cultural #use# for the life of the related #development#, provided that in the event the majority of the #zoning lot#
               containing such #floor area# is in the ownership of a not-for-profit corporation under contract with the City to
               provide economic development services at the time of the grant of such permit, execution and recordation of such
               declaration of restrictions shall be made at the time of the transfer of ownership of the majority of such #zoning lot#
               for purposes of facilitating the related #development#.

(b)    In order to grant such permit, the Commission shall find that:

       (1)     the #building#, including such cultural #uses#, is designed and arranged on the #zoning lot# in a manner that results
               in ample visibility of and access to the cultural #uses# from surrounding #streets#;

       (2)     any #street wall# modifications will facilitate access to #open space# on the lot and result in a #development# that
               activates the pedestrian environment;

       (3)     any #bulk# modifications will result in a better distribution of #bulk# on the #zoning lot# by providing for
               increased light and air to #open space# on the #zoning lot#;

       (4)     the appearance of #bulk# is minimized through an enhanced articulation of the base and tower elements of the
               #building#, an enhanced relationship between the #building# and the #open space# on the #zoning lot#, and an
               enhanced amount and arrangement of the fenestration of the #building#; and

       (5)     any modifications to #sign# regulations will result in greater visibility for the cultural #uses# provided on the
               #zoning lot#.


       The Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the
       #development# and to minimize adverse effects on the character of the surrounding area.

(c)    Certificate of occupancy
       The Commissioner of Buildings shall not issue a temporary or permanent certificate of occupancy for more than an
       amount of #floor area# in the #building# equal to the #floor area# to be occupied by non-cultural #uses# minus 40,000
       square feet of #floor area# unless the Department of Buildings has received a letter from the Office of the Mayor certifying
       that a deed transferring ownership of a majority of the #zoning lot# has been recorded and that such deed or other recorded
       document provides for:

       (1)    the construction by transferee of the core and shell of the cultural facility described in paragraph (a)(1)(i) of this
              Section;

       (2)    the creation of a condominium unit for such cultural facility and the transfer of ownership thereof to the City; and

       (3)    a right of the transferor to re-enter and re-acquire the #zoning lot# should the applicant fail to complete the
              construction of the core and shell of the cultural facility.


       Should the certification by the Office of the Mayor not be issued within 30 days of the recording of the deed or other
       document with the stated provisions, a copy of such deed or document may be provided to the Department of Buildings in
       satisfaction of such certification.