81-745 - Floor area bonus for rehabilitation of existing listed theaters

LAST AMENDED
2/25/2021

The City Planning Commission by special permit may authorize bonus #floor area# for substantial rehabilitation or restoration of any
theater listed as a “listed theater” in Section 81-742 (Listed theaters), in accordance with the provisions of this Section.

(a)   Conditions for rehabilitation bonus

       As a condition for the issuance of a special permit under the provisions of this Section, the following requirements shall be
       satisfied:

       (1)     Location of #development#

               The #development# or #enlargement# for which a theater rehabilitation bonus is granted is located on the same #zoning
               lot# as the “listed theater.”

       (2)     Qualification of substantial rehabilitation

               Substantial rehabilitation work qualifying for a #floor area# bonus shall consist of major structural changes for the purpose
               of improving a theater’s design and its commercial viability for legitimate theater #use#, or historic restoration of the
               interior of a theater designated as an interior landmark.

               Substantial rehabilitation may include, without limitations, such work as expanding stage wings, re-raking the orchestra,
               increasing rehearsal, dressing room or lobby and ancillary spaces, improving accessibility beyond applicable legal
               requirements, or historic restoration. It may also include reconversion to legitimate theater #use# of an original legitimate
               theater currently in other #use#. Substantial rehabilitation does not mean normal theater maintenance, painting or
               improvements to mechanical systems alone.

       (3)     Timing and commitment

                (i)     there shall be a contractual commitment or commitments for the construction work involved in the substantial
                         rehabilitation;

                (ii)    the requirements of Section 81-743 (Required assurances for continuance of legitimate theater use) shall be
                         satisfied; and

                (iii)    a rehabilitation bonus shall not be granted for a substantial rehabilitation completed before May 13, 1982.

(b)    Amount of rehabilitation bonus

       The amount of bonus #floor area# granted for a qualifying theater rehabilitation shall be at the discretion of the Commission after
       consideration of the following findings:

       (1)     how and to what extent the proposed rehabilitation will improve the theater's suitability for #use# as a legitimate theater;

       (2)     how the proposed rehabilitation will contribute toward satisfying the needs of the Theater Subdistrict;

       (3)     whether the bonus #floor area# will unduly increase the #bulk# of any #development# or #enlargement#, density of
               population or intensity of #use# on any #block# to the detriment of occupants of #buildings# on the #block# or the
               surrounding area; and

       (4)     whether the distribution and location of such #floor area# bonus will adversely affect the surrounding area by restricting
               light and air or otherwise impair the essential character or future development of the surrounding area.
        Such bonus #floor area# shall not exceed 20 percent of the basic maximum #floor area# permitted on the #zoning lot# containing
        the #development# or #enlargement# by the regulations of the underlying district, except that in the case of an underlying C6-4,
        C6-5 or M1-6 District, the bonus #floor area# shall not exceed 44 percent of the basic maximum #floor area# permitted in such
        underlying district, and except that in the case of a #zoning lot# located partially in a C6-5.5 District and partially in a C6-7T
        District, the Commission may allow bonus #floor area# to be utilized anywhere on the #zoning lot#.

For purposes of applying the provisions of Section 11-42 (Lapse of Authorization or Special Permit by the City Planning Commission
Pursuant to the 1961 Zoning Resolution) to a special permit granted pursuant to this Section, “substantial construction” shall mean
substantial rehabilitation, as described in paragraph (b) of this Section, of the subject theater for which a #floor area# bonus has been
granted to a related #development# or #enlargement#.

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