81-643 - Special provisions for retaining non-complying floor area in commercial buildings

LAST AMENDED
8/9/2017


For #non-complying# #commercial buildings# existing on December 15, 1961 with #non-complying# #floor area#, the provisions of
Section 54-41 (Permitted Reconstruction) may be modified to allow such #non-complying# #building# to be demolished or altered, to the
extent of 75 percent or more of its total #floor area#, and reconstructed on a #qualifying site# to retain the amount of pre-existing #non-
complying# #floor area# in accordance with the applicable district #bulk# regulations of this Chapter, upon certification by the
Chairperson of the City Planning Commission to the Department of Buildings first, that prior to demolition or alteration, the applicant
meets the provisions of paragraph (a) of this Section, as applicable, and, subsequently, prior to reconstruction, the proposed
#development# will comply with the applicable provisions of paragraph (b) of this Section. For purposes of this Chapter, the
reconstruction of such #non-complying# #floor area# shall be considered a #development#. Any #enlargement# of a #non-complying#
#commercial building# on a #qualifying site# shall be permitted only pursuant to paragraph (a) of Section 81-684 (Authorizations for
qualifying sites), or Section 81-685 (Special permit to modify qualifying site provisions).

(a)    Certification to demolish or alter a #non-complying# #building#

        The Chairperson shall certify the amount of #non-complying# #floor area# existing within a #non-complying# #building# that
        may be reconstructed pursuant to the provisions of paragraph (b) of this Section, based on calculations submitted to the
        Chairperson. Such calculations shall be based on either the #building’s# construction documents previously approved by the
        Department of Buildings at the time of such #building’s# construction, #enlargement#, or subsequent alterations, as applicable; or
        on an as-built drawing set completed by a registered architect.

        For the purpose of calculating the amount of #non-complying# #floor area# to be retained on #zoning lots# with multiple existing
        #buildings# at the time of application, the maximum amount of #non-complying# #floor area# that may be reconstructed shall be
        equivalent to the #floor area# of the #zoning lot# at the time of application, less the total #floor area# of all existing #buildings# to
        remain.

        Certification pursuant to the provisions of paragraph (a) of this Section shall be a precondition to the issuance of any demolition or
        alteration permit by the Department of Buildings for a #zoning lot# reconstructing #non-complying# #floor area#.

(b)    Certification to reconstruct #non-complying# #floor area#

        The amount of #non-complying# #floor area# established pursuant to paragraph (a) of this Section may be reconstructed, provided
        that the Chairperson certifies that:

        (1)    all requirements for #qualifying sites# set forth in the definition in Section 81-613, inclusive, have been met, except that no
                publicly accessible space shall be required notwithstanding the provisions of paragraph (f) of the definition of #qualifying
                site#; and

        (2)    a non-refundable contribution has been deposited by the applicant into the #Public Realm Improvement Fund#. Such
                contribution shall be an amount equal to 20 percent of the #Public Realm Improvement Fund Development Rights
                Valuation# multiplied by the amount of such pre-existing #non-complying# #floor area#.

        The payment of the non-refundable contribution to the #Public Realm Improvement Fund# pursuant to the provisions of
        paragraph (b) of this Section, shall be a precondition to the issuance of any foundation permit or new building or alteration permit
        by the Department of Buildings allowing a #development# on a #qualifying site#.

        All applications pursuant to this Section shall be referred to the affected Community Board, the local Council Member and the
        Borough President of Manhattan. No certification shall be granted prior to 60 days after such referral.

        Except for #zoning lots# located east of Third Avenue between the centerline of East 46th Street to the centerline of East 51st
        Street, any proposed #floor area# in the #development# beyond the amount contained in the pre-existing #non-complying#
        #building# may be obtained by utilizing the applicable provisions of Section 81-64 (Special Floor Area Provisions for Qualifying
        Sites). For the purposes of applying the provisions of such Section, the reconstructed #floor area ratio# shall be considered the basic
        maximum #floor area ratio#. However, the maximum #floor area ratios# of Row E and Row H of the table in Section 81-64 shall
        continue to apply.