74-746 - Special provisions for development or enlargement over streets

LAST AMENDED
2/2/2011


Within a #large-scale general development#, when the volume above a #street#, or portion thereof, has been eliminated,
discontinued and closed, the City Planning Commission may permit such volume to be considered part of an adjoining #zoning
lot# and may allow, within such volume, a #development# or #enlargement# that is part of a #building# or #buildings# in the
#large-scale general development#. In no event shall such volume contribute to the amount of #lot area# counted for the
purposes of qualifying as a #large-scale general development# or generating any #floor area#.

(a)    The following conditions must be met for the #development# or #enlargement# to be permitted in such volume:

        (1)    a satisfactory ventilation plan consistent with the requirements of New York City's Departments of
                Transportation and Environmental Protection is provided for the #street# below the volume;

        (2)    an illumination of at least five foot candles at the #curb level# is provided for the #street# below the volume; and

(b)    In order to grant the special permit, the Commission shall find that the #development# or #enlargement# in such
        volume:

        (1)    is functionally necessary or will improve the internal circulation within the #large-scale general development#, or
                will improve vehicular or pedestrian circulation on adjacent #streets#;

        (2)    will not adversely impact the continued use of the #street#;

        (3)    will not have an adverse impact on the essential character or future use or development of the adjacent area; and

        (4)    will not unduly obstruct any significant scenic view.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the
surrounding area.