74-831 - Development in certain Commercial Districts

LAST AMENDED
12/5/2024

In C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C6-11 or C6-12 Districts, the City Planning Commission may
permit a #zoning lot# having a minimum area of 40,000 square feet or occupying an entire #block# to be #developed# to its
maximum allowable #bulk# under applicable district regulations and any existing #buildings# to remain temporarily on that lot
and may permit the #floor area# of any existing #buildings# to be excluded from computations determining such maximum
allowable #floor area#, provided that each and every one of the following conditions are met:

(a)    that existing #buildings# with unexpired leasehold interests are located upon such #zoning lot#;

(b)    that all leases within the existing #buildings# must terminate within five years after the issuance of a special permit under
        this Section, and that no new leases or any lease renewals shall be entered into on any existing #buildings# or portion of
        such existing #buildings#;

(c)    that the total #floor area# of all such existing #buildings# on the #zoning lot# is not greater than 20 percent of the
        maximum allowable #floor area# for that #zoning lot#;

(d)    that demolition of all such existing #buildings# must commence within five years after the issuance of the special permit
        under this Section;

(e)    that the portions of the #zoning lot# where existing #buildings# are located and are to be demolished shall be redeveloped
        according to the approved site plan; and

(f)    that, until such time as demolition of all such existing #buildings# and completion of the approved site plans, #floor area#
        equal in amount to that which was located in such existing #buildings#, must be left unfinished and vacant in the new
        #development#; and a temporary certificate of occupancy, for the vacant space, shall remain in effect until all conditions
        in the special permit are satisfied.

The owner of the #zoning lot# shall submit a copy of all leases on any #building# or portion of any #building# on the #zoning
lot# together with an opinion of counsel that the leases will terminate within five years.

All leases of such existing #buildings# or portions of #buildings# shall submit affidavits attesting to the expiration date of their
leases together with an opinion of counsel that the lease will expire within five years.

The owner of the #zoning lot# shall have prominently displayed on the front of all existing #buildings# a sign stating the date
that the #building# is to be demolished.

As a further condition for the issuance of a permit under this Section, the owner of the #zoning lot#, upon which new
#development# is to take place, must post a bond or other security payable to the City of New York and approved by the
Corporation Counsel sufficient in amount to:

(1)    cover the cost of demolishing the existing #buildings# should the owner fail to so demolish within the prescribed time;
(2)    ensure that all #floor area# which is to be vacant in the new #development# shall remain unfinished and vacant; and

(3)    ensure that no new leases or lease renewals are entered into on any portion of any of the existing #buildings#.

The bonds or other securities shall be payable to The City of New York if any of the above conditions are violated.

The Commission must find, with each grant for a special permit under this Section, that the #development# shall result in
improved circulation and would eliminate the undesirable preemption of ground level space by private #buildings or other
structures#. In making this finding, the Commission may consider the provision of improved connections to rapid transit
facilities, where applicable.

The site plan accompanying each application for a grant of special permit under this Section shall include a schedule indicating
the timetable of demolition of all existing #buildings# and the schedule of new #development# and other improvements on the
#zoning lot#.