74-712 - Developments in Historic Districts

LAST AMENDED
12/5/2024

Within Historic Districts designated by the Landmarks Preservation Commission, the City Planning Commission may grant a
special permit, in accordance with the following provisions:

(a)   In M1-5B Districts, on a #zoning lot# that, as of December 15, 2003, is vacant, is #land with minor improvements#, or
      has not more than 40 percent of the #lot area# occupied by existing #buildings#, the Commission may modify #use#
      regulations to permit #residential# #development# and, below the floor level of the second #story# of any
      #development#, #uses# permitted in Use Group VI, provided:

      (1)    the #use# modifications shall meet the following conditions, that:

              (i)    #residential# #development# complies with the requirements of Sections 23-342 (Rear yard requirements)
                     and 23-372 (Distances between legally required windows and lot lines), inclusive, pertaining to R8
                     Districts;

             (ii)    total #floor area ratio# on the #zoning lot# shall be limited to 5.0;

             (iii)   the minimum #floor area# of each #dwelling unit# permitted by this Section shall be 1,200 square feet;

             (iv)     all #signs# for #residential# or #commercial# #uses# permitted by this Section shall conform to the
                     applicable regulations of Section 32-60 (SIGN REGULATIONS) pertaining to C2 Districts; and

              (v)    eating or drinking establishments of any size, as set forth in Use Group VI, are not permitted; and

      (2)    the Commission shall find that such #use# modifications:

              (i)    have minimal adverse effects on the conforming #uses# in the surrounding area;

             (ii)    are compatible with the character of the surrounding area; and
             (iii)   for modifications that permit #residential use#, result in a #development# that is compatible with the scale
                     of the surrounding area.

(b)   In all districts, the Commission may modify #bulk# regulations, except #floor area ratio# regulations, for any
      #development# on a #zoning lot# that is vacant or is #land with minor improvements#, and in M1-5B Districts, the
      Commission may make such modifications for #zoning lots# where not more than 40 percent of the #lot area# is
      occupied by existing #buildings# as of December 15, 2003, provided the Commission finds that such #bulk#
      modifications:

      (1)    shall not adversely affect structures or #open space# in the vicinity in terms of scale, location and access to light
             and air; and

      (2)    relate harmoniously to #buildings# in the Historic District as evidenced by a Certificate of Appropriateness or
             other permit from the Landmarks Preservation Commission.

The City Planning 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.