81-612 - Applicability along district boundaries

LAST AMENDED
8/9/2017


For #zoning lots# divided by district boundaries, the underlying provisions shall apply, except as follows:

(a)    For #qualifying sites# divided by district boundaries where both districts have the same maximum #floor area ratio# set forth in
        Rows E and H of the table in Section 81-64 (Special Floor Area Provisions for Qualifying Sites), the provisions of Section 33-16
        (Special Provisions for Zoning Lots Divided by District Boundaries) shall not apply to a #building# #developed# or, where
        permitted, #enlarged#, to exceed the basic maximum #floor area# in Row A of the table in Section 81-64. In lieu thereof, the #floor
        area# of such #building# on a #qualifying site# may be located anywhere on the #zoning lot#, regardless of the district boundary.

(b)    In addition to the requirements set forth in Sections 81-25 (General Provisions Relating to Height and Setback of Buildings) and
        81-40 (MANDATORY DISTRICT PLAN ELEMENTS), the provisions of Section 81-60, inclusive, shall apply to a #zoning lot#
        having 50 percent or more of its #lot area# within the East Midtown Subdistrict. For the purposes of Section 81-60, inclusive, all
        such #zoning lots# shall be deemed to be entirely within the Subdistrict. If any of the provisions of Sections 81-25, 81-40 and 81-
        60, inclusive, are in conflict, the regulations of Section 81-60, inclusive, shall govern. However, for #zoning lots# located partly
        within the East Midtown Subdistrict and partly within the Fifth Avenue Subdistrict, the provisions of Article VII, Chapter 7 shall
        apply.

(c)    For #zoning lots# divided by subarea boundaries, the provisions of Article VII, Chapter 7 shall apply.

(d)    For #zoning lots# with #landmark buildings or other structures# where more than 50 percent of the #lot area# is located within the
        #Special Midtown District#, and which #abut# the East Midtown Subdistrict boundary, such #zoning lot# may be considered as
        part of the Subdistrict for the purposes of transferring development rights pursuant to the applicable provisions of Sections 81-642
        (Transfer of development rights from landmarks to qualifying sites) or 81-653 (Special permit for transfer of development rights
        from landmarks to non-qualifying sites). However, the maximum amount of #floor area# that may be transferred from a #granting
        lot#, or portion thereof, located outside the Special Midtown District shall be the maximum #floor area ratio# permitted under the
        applicable underlying zoning district.