74-62 - Developments Over Streets

LAST AMENDED
6/6/2024

In R9 or R10 Districts when the air space above a #street# or portion thereof is closed, demapped and conveyed by the City to
the owner of an adjoining #zoning lot# owned by a non-profit institution pursuant to State-enabling legislation enacted in 1971,
the City Planning Commission may, by special permit, allow in such demapped air space, the #development# or #enlargement#
of #buildings# which are an expansion of an existing hospital, college, university or functionally-related facility. In connection
therewith, the Commission may also permit modification of off-street loading and #bulk# regulations, except #floor area ratio#
regulations, under the applicable district regulation, provided that the requirements set forth in the 1973 Agreement among the
City of New York, the Society of the New York Hospital, and the New York Society for the Relief of the Ruptured and
Crippled, maintaining the Hospital for Special Surgery and the Rockefeller University are met; and that such demapped air space
shall be considered as part of the adjoining #zoning lot#, except that any #building# located in demapped air space shall utilize
only unused #floor area# from the portion of the adjoining #zoning lot# not within the demapped air space.

In order to grant such special permit, the Commission shall find:
(a)    for #development# or #enlargements# in such demapped air space and for modification of #bulk# regulations, that the
       location and distribution of new #bulk# shall result in a good site plan in relation to the existing #buildings# on-site and
       in the area; and

(b)    for modification of off-street loading requirements, when such non-profit institution includes more than one #building#
       on two or more #zoning lots#, the Commission may determine the required number of loading berths as if such non-
       profit institution were located on a single #zoning lot#, and may permit such loading berths to be located anywhere
       within such institution without regard for #zoning# #lot lines#, provided that such loading berths shall be:

       (1)    ​​​​​​​adequate to serve the requirements of the institution;

       (2)    accessible to all the #uses# in such institution without the need to cross any #street# at grade; and

       (3)    ​​​​​​​located so as not to adversely affect the movement of pedestrians or vehicles on the #streets# within or
              surrounding such institution.

The #curb level# of a #zoning lot# of which the demapped air space is a part shall not be affected by the closing and demapping
of air space above such #street#. However, the Commission may establish an appropriate level or levels instead of #curb level# as
the reference plane for the applicable regulations relating to #open space#, #yards#, level of #yards#, equivalent #rear yards#,
#rear yard# setback, minimum distance between #buildings#, and the front height and setback.

The Commission may impose additional conditions and safeguards, consistent with the requirements set forth in the 1973
Agreement, to improve the quality of the #development# and minimize adverse effects on the character of the surrounding area.