81-277 - Special permit for height and setback modifications

LAST AMENDED
12/5/2024


In C5-3, C6-6 or C6-7 Districts, where a special permit application is made pursuant to Section 74-71 (Landmark Preservation) for
modification of #bulk# regulations on a #zoning lot# containing a landmark, such application may include a request for modification of
the height and setback regulations set forth in Sections 81-261 to 81-275, inclusive, relating to Alternate Height and Setback Regulations -
Daylight Evaluation. The City Planning Commission may authorize such height and setback modifications subject to the following
conditions:

(a)    The applicant shall demonstrate to the satisfaction of the Commission that a feasible design for the proposed #development# or
        #enlargement# which accommodates the permitted #floor area# is not possible under the provisions of Sections 81-271 to 81-276,
        inclusive, and shall further present for the proposed design a complete daylight evaluation with an explanation of street score or
        overall daylight score deficiencies.

(b)    The Commission shall make the following findings in addition to any required under the applicable provisions of Sections 74-71:

        (1)    that the requested departure from the alternate height and setback regulations is the minimum amount necessary to achieve
                a feasible #building# design;
        (2)    that the disadvantages to the surrounding area resulting from reduced light and air access will be more than offset by the
                advantages of the landmark's preservation to the local community and the City as a whole; and

        (3)    that where the landmark is located on the #zoning lot# proposed for #development# or #enlargement# or on a lot
                contiguous thereto or directly across a #street# therefrom, the modification of the alternate height and setback regulations
                will adequately protect the setting for the landmark.