109-511 - Modifications by authorization

LAST AMENDED
12/5/2024

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 Section 23-63, 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.